WEST CENTRAL RAILWAY
Jabalpur Division
Electrical Engineering (Traction Operation) Department
1. OPEN TENDER NO. : JBP/TRO/Tender/2013-02
2. NAME OF WORK : Loading and Un loading of Line Boxes of running staff (Loco Pilots & Guards) at Saugor (SGO). 3. TENDER DOCUMENT COST : Rs 2000/-
4. EARNEST MONEY : Rs 21920/-
5. ESTIMATED COST : Rs 1095845/-
6. DATE OF OPENING : 07.10.13 at 15.30 Hrs.
7. COMPLETION PERIOD : 365 Days (One Year)
8. SIMILAR NATURE OF WORK FOR ELIGIBILITY: Not required
9. MR NO. & DATE : (If down loaded, to be filled by Tenderer)
ISSUED BY ISSUED TO
Sr. Divisional Electrical Engineer M/s.______(Traction Operation) ______Jabalpur / West Central Railway ______( Madhya Pradesh) ______PIN-482 001
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 1
INDEX
Tender No: JBP/TRO/Tender/2013-02
Sr.No. Description Page No. 1 Notice for invitation of tender 3-4
2 Tender Form (First Sheet) 5
3 Tender form (Second sheet) 6-12
4 Special Conditions and Specifications of 13-16 Contract
5 General Conditions of Contract in brief 17-18
6 SCOPE OF WORK,EXPLANATORY NOTES and 19-24 SPECIAL TERMS & CONDITION OF CONTRACT 7 Schedule of rates and Quantity 25
8 Form of Agreement 26
9 Details of Bank account 27
10 Performance Certificate (Annexure-III) 28
11 Check sheet for staff attendance and 29 performance
12 End of Tender Document 30
Total No. of Page in this tender Document = 30
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 2
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NOTICE FOR INVITATION OF TENDER (NIT)
For and on behalf of the president of India, Sr.Divl.Elect.Engr.(TRD), W.C.Rly, Jabalpur invites sealed tender from eligible firms/ companies for the following work: Tender No. Description of work Estimated cost Earnest Completion Date of Head of (`) Money period tender Allocation (`) opening of work JBP/TRO/Tend Loading and Un loading of 1095845/- 21920/- 365 days 07.10.2013 (one year) er/2013-02 Line Boxes of running staff (Loco Pilots & Guards) at SGO
1 Tender form can be obtained from Sr.Divisional Electrical Engineer/TRO/Jabalpur, Divisional Railway Manager’s Office/West Central Railway, Jabalpur – 482 001 upto 11.00 hrs on or before 07.10.2013 by producing the money receipt issued in favour of Sr.DFM/WCR/Jabalpur. The amount can be deposited at any Rly Station Master `s office and money receipt obtained thereof. This receipt can be deposited per bearer or sent by post along with request letter for tender documents on the letter head of the firm giving full postal address, contact and FAX nos. The amount for tender documents shall be as following: Tender No. Cost per bearer Cost by post JBP/TRO/Tender/2013-02 Rs 2000/- Rs2500/- 2 Tenderer, who require the tender form by post, their application should reach this office at least 10 days before the opening date of the tender. Tender form is not transferable. This office does not undertake any responsibility on account of postal delay, loss or mis-delivery of tender documents sent by post. 3 Tender form duly filled should reach this office on or before 07.10.2013 up to 15.00 hrs. Tender shall be opened on the same day at 15.30 hrs. If date of opening is declared a holiday, the offers shall be opened on the next working day at same time. 4 Tenderer is requested to deposit requisite earnest money in favour (pledged) of Sr.DFM/WCR/Jabalpur. 5. The cost of the above work is estimated and is only for guidelines of tenderer. West Central Railway has the right to increase, decrease or delete any of the above. Rates should be quoted clearly in words and figures by the tenderer. 6. Tenderer can also download the tender document from Tender Menu provided on the Web Site www.tenders.gov.in & http://wcr.indianrailways.gov.in Tenderer submitting the offer on the document downloaded from website should enclose requisite cost of tender document along with their offer, failing which offer is liable to be summarily rejected. 7. Tenderer using the tender document downloaded from website should watch the website for corrigendum/addendum to the NIT / tender document and there will not be any separate individual communication for the same. 8. Those tenderers who have downloaded their tender through website should submit a declaration stating “We hereby declare that we have downloaded the tender documents from website www.tenders.gov.in & http://wcr.indianrailways.gov.in and printed the same. We have verified the content of the printed document and there is no addition/deletion/ alteration to the content of the tender document. In case of any dispute, the office hard copy of the tender document shall be considered as final.” 9. Tenderer shall submit his PAN no. & Account no., name and address of the bank, branch code along with the tender documents in prescribed Annexure-BANK. 10. The successful bidder shall have to give a performance guarantee amounting to 5% of the contract value within 15 days before signing of the agreement. 11. All rates quoted in the tender shall be deemed to be inclusive of all taxes/royalties payable by the contractor(s) to the Government or public body or local authority including Service Tax and no additional amount will be paid or claim entertained on this account by the Railway. 12. The tenderer has to submit their valid service tax registration certificate for tenders of value above Rs.10 lacs along with the tender if already registered with department of Custom and Central Excise and service tax. If the tenderer is not registered with the department of Custom, Central Excise and Service Tax at the time of tender, he has to apply for service tax registration within 30 days of the issue of acceptance letter. In case of non submission of Service Tax registration after 40 days of acceptance action as per extant rules will be taken for determination of contract. For detail, Tender document (Taxes and Royalties para 20.0) may be referred.
Sr.Divl.Elect.Engr.(TRO)/Jabalpur West Central Railway/Jabalpur For and On behalf of the President of India
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 4
Tender form- First Sheet DECLARATION BY TENDERER
Tender No: JBP/TRO/Tender/2013-02
Name of the work: Loading and Un loading of Line Boxes of running staff (Loco Pilots & Guards) at SGO
The President of India, Date: ______Acting through the Sr.Divl.Elect.Engr./TRD, West Central Railway, Jabalpur 1. I/We ______have read the various conditions to tender attached here to and agree to abide the said conditions. I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money Deposit”. I/We offer to do the work for Sr.Divl.Elect.Engr./TRO, DRM’s Office, West Central Railway, Jabalpur at the rate quoted in the attached schedule and hereby bind myself/ our selves to complete the work in all respects within the period mentioned in Tender Notice from the date of issue of letter of acceptance of the tender. 2. I/We also hereby agree to abide by the General Conditions of Contract corrected upto printed advance correction slip No.4 dated 05.01.05 & latest thereof and amendment to GCC & latest thereof to carry out the work according to the Special Conditions of Contract, Specifications of materials and scope of works as laid down by Railway in the annexed, schedule of approximate rate and quantities, Special Conditions/Specifications of Elect. Engg./TRO Department of Jabalpur division of West Central Railway for the present contract 3. A sum of Rs21920/- is hereby forwarded as Earnest Money Deposit. The full value of the Earnest Money deposit shall stand forfeited without prejudice to any other right or remedies in case my/our tender is accepted and if - a) I/We do not execute the contract documents within 7 days after receipt of notice issued by the Railway that such documents are ready and, b) I/We do not commence the work within 15 days after receipt of order to that effect. 4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us, subject to modifications as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. 5. If I/We do not execute the Contract Agreement, the Railway may determine such tenderers has abandoned the contract and there upon my/our tender and acceptance there of shall be treated as cancelled and the Railway shall be entitled to forfeit full amount of Earnest Money Deposit and to recover the liquidated damages for such default.
Signature of Witness Signature of Tenderer (s) 1.______2. ______Date Tenderer(s) Address:
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 5
Tender No: JBP/TRO/Tender/2013-02
TENDER FORM - Second sheet 1.0 Instruction to tenderers and conditions of tender: The following documents form part of tender/contract (a) Tender forms-First sheet and Second sheet. (b) Special conditions/Specifications (Enclosed) (c.) General conditions of Contact (d) Scope of work (Enclosed) (e) Schedule of work, approximate rate & quantity of work, (Enclosed) (f) Annexure Bank (Enclosed) (g) General Conditions of Contract (GCC) of Railway as amended/corrected upto correction slips mentioned in First Sheet of Tender Form and latest thereof which can be seen in the office of Sr.DEE/TRO/JBP or can be obtained from the office of Sr.DEE/TRO/JBP or Chief Electrical Engineer/West Central/Jabalpur on payment of Rs100 either through DD/Banker’s cheque in the name of Sr.DFM/JBP/WCR or money receipt deposited with Station Master of West Central Railway. (h) All general and detailed drawings, if any, pertaining to this work which will be issued by the Engineer or his representatives (from time to time) with all changes and modifications 2.0 Inspection of site before tendering etc. Before tendering, tenderers are advised to inspect the proposed site of work i.e. Running room/Lobby, Saugor of West Central Railway, Jabalpur division in Bina-Katni section on Delhi – Jhansi- Bina- Katni- Bilaspur- Howrah railway route in Madhya Pradesh. They should acquaint themselves with the site conditions, nature of work, working area, local conditions etc. and all other relevant items connected with the execution of the work. 3.0 Earnest Money- 3.1 The tender must be accompanied by a sum of Rs21920 /- as earnest money deposited in favour of Sr. DFM/WCR/Jabalpur through DD/FDR/TDR/Pay order either of the State Bank of India or any nationalized banks. Deposit receipts executed by the Scheduled Banks (other than SBI and the Nationalized Banks) approved by RBI for the purpose subject to getting in writing the concurrence of the RBI, failing which the tender will not be considered. 3.2 The tenderer(s) shall keep the offer open for a minimum period of 120 days from the date of opening of the tender. It is understood that the tender document has been sold/issued to the tenderer and the tenderers is /are permitted to tender in consideration of the stipulation on his /their part that after submitting his /their tender subject to the period being extended further if required by mutual agreement from time to time, they will not resile from their offer or modify the terms and conditions thereof in a manner not acceptable to the Sr.Divl.Elect.Engr./TRO/Jabalpur of WC Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railway. 3.3 If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited if the tenderers/ Contractor(s) fail to execute the Agreement Bond within 7 days after receipt of notice issued by Railway that such documents are ready or to commence the work within 15 days after receipt of the orders to that effect. 3.4 The Earnest Money of the unsuccessful tenderer (s) will, save as here-in-before provided, be returned to the unsuccessful tenderer (s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents of to the Earnest Money while in their possession nor be liable to pay interest thereon. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 6
4.0 Income Tax clearance certificate- not required
5.0 Partnership deeds, Power of Attorney etc. 5.1 The Tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnerhsip concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of Partnership Deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. 5.2 The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. 5.3 In terms of clause 15 of the part I “Regulation for Contract& Tender”of the GCC the Railway will not be bound by the power of attorney by the tenderer or the changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney& change after obtaining proper legal advice the cost of which will be chargeable to the contractor. These changes have been fixed at Rs. 100/- payable by the tenderer at the time of submitting the power of attorney for security and legal advice. 5.4 The same charges will be recoverable for scrutiny of all document, No power of attorney in favour of an individual person will be accepted if it is irrevocable except when it is in favour of bank. 5.5 In case where the power of attorney/Partnership deed has not been executed in English the true authenticated copies of the translation of the same by advocate, authorize deed translator or court and licensed petition writer should be supplied by the contract while tendering for the work. 5.6 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, signing the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration. 6.0 Employment/Partnership, etc. of Retired Railway Employees.- (a) Should a tenderer be a retired Engineer of the Gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity or whether Holding a pensionable post or not, in the department of any of the Railways owned and administrered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors, or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted officer from the said service and in case where such Engineer or officer had not retired from Government Service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted officer is so associated with the tenderer, as the case may be, shall be rejected. 6.1 Should a tenderer or contractor being an individual on the list of approved contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the concerned Department of the West Central Railway, the authority inviting tenderers shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified /rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract. 7.0 Security deposit- 7.1 Unless otherwise specified in the special conditions if any the Security deposit/rate of recovery/ Mode of recovery shall be as under- (a) Security deposit for each work should be 5% of the contract value. (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 7
recovered. (c) Security deposits will be recovered only from running bills of the contract and no other mode of collection SD such as SD in the form of instrument like BG,FD etc shall be accepted towards security deposit. (d) The security deposit shall be released after successful completion of work and the expiry of the maintenance period whatever applicable in terms of clause 47 of the GCC (e) Before releasing the SD and un conditional and un equivocal no claim certificate from the contractor concern shall be obtained. 8.0 Performance Guarantee- The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re- tender for that work b) The successful bidder shall submit a Performance Guarantee (PG) in any of the following form, amounting to 5% of the contract value: (i) A deposit of cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5 percent below the market value; (iv) Deposit receipts, Pay orders, Demand drafts and Guarantee bonds. These forms of performance guarantee could be either of State Bank of India, or of any of the nationalized banks; (v) Guarantee bonds executed or Deposit receipts tendered by all scheduled banks; (vi) A Deposit in the post office saving bank; (vii) A deposit in the national saving certificate; (viii) Twelve years National Defence Certificates; (ix) Ten years defence deposits; (x) National Defence Bonds and (xi) Unit trust certificates at 5 percent below market value or at the face value whichever is less. Also FDR in favour of FA&CAO (free from any encumbrance) may be accepted. Note: The instructions as listed above will also be acceptable for Guarantees in case of Mobilization Advance. (c) A performance Guarantee shall be submitted by the successful bidder after the letter of acceptance has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60days beyond that. In case, the time for completion of work gets extended, the contractor shall get the valid P.G .extended to cover such extended time for completion of work plus 60 days. (d) The value of P.G. to be submitted by the contractor will not change for variation up to 25% (either increase or decrease). In case during the course of execution value of the contract increases by more than 25% of the original contract value, an additional performance Guarantee amounting to 5%(five percent) for the excess value over the original contract value shall be deposited by the contractor. (e) The performance guarantee (PG) shall be released after the physical completion of the work based on the ‘Completion Certificate’ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, shall, however, be released only after the expiry of the maintenance period and after passing the final bill base on ‘NO Claim Certificate’ from the contractor. (f) Whenever the contract is rescinded, the security deposit shall be forfeited and the performance guarantee shall be en-cashed. The balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is JV or a partnership firm, than every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/ partnership firm.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 8
(g) The Engineer shall not make a claim under the Performance Guarantee except for amount to which the president of India is entitled under the contract (notwithstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i) Failure by the contractor to extend the validity of the Performance guarantee as described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clause/ Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer. (iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 10.0 Right of Railway to deal with Tender- 10.1 The authority for the acceptance of the tender will rest with Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand neither any explanation for the cause of rejection of his /their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders. 10.2 If the tender(s) deliberately gives/give wrong information in his/their tender or creates/create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. 10.3 If the tenderer (s) expires after the submission of his/their tender or after the acceptance of his/their tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character. 11.0 Execution of Contract Document- 11.1 The successful tenderer(s) shall be required to execute& agreement with the railway for carrying out the work according to ‘General conditions of Contract’ special conditions/Specification and Scope of work annexed to this tender. 11.2 The tenderer (s) whose tender is accepted shall be required to appear at the office of the Sr.Divl.Elect.Engr.(TRO)/Jabalpur, DRM’s Office/WCRly/Jabalpur in person. In case of a firm or corporation duly authorized representative shall appear to execute the contract document within 7 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of agreement affected by the acceptance of the tender in which case the full value of the earnest money accompanied the tender shall stand forfeited without prejudice to any other right or remedies. 11.3 In the events of any tenderers whose tender is accepted, refuse to execute the contract documents herein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of earnest money and to recover the liquidated damage for such default. 12.0 Tenderer’s Credencials: Document testifying tenderes previous experience and financial status should be produced along with the tender and when desired by the competent authority of the west central Railway. Tendere(s) who has/have not carried out any work so far on this Railway and who is/are not borne on the approved list of the Contractors of West central Railway should submit along with his/their tender credentials to establish. (i) His capacity to carry out the works satisfactorily. (ii)His Financial status supported by Bank reference and other documents. (iii) certified duly attested and testimonials regarding contracting experience for the type of Job for which tender is invited with list of work carried our in the past. The following documents are specified for submission along with the tender- (a) List of personal organization available on hand and proposed to be engaged for the work. (b) Total contract amount received during the last three financial years and in the current financial year. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 9
13.0 Tender documents are not transferable. 14.0 Tenderes Declaration: I/we have specially noted clause 6.0 and declare that I/we have no relative/employee in the Gazetted /Non- Gazetted capacity in the Electrical (Traction Operation) department of W.C.Rly. 15.0 Provision of Contract labour regulation and abolition act, 1970. 15.1 The contractor shall comply with the provision of the contract labour (regulation & abolition)act, 1970 and the contractor labour regulation and abolition general rules1971 as modified from time to time whenever applicable and shall also indemnify to Railway from and against under the aforesaid act and rules. 15.2 The contractor shall obtain a valid license under the aforesaid from the licensing officer specified in the act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the panel provision of the contract arising out of the resultant non execution of the work. 15.3 The contractor shall pay to labour employed by him directly or through sub contractor the wages as per provision of aforesaid act and the rules whenever applicable. The contractor should not withstand the provision of the contract to the contrary, cause to be paid the wages to the labour indirectly engaged on the work including loan engaged by his sub contractor in connection with the said work as if the labour had been immediately employed by him. 15.4 In respect of all labour directly or indirectly employed in the work for performance of the contractor to part of the contract , the contractor shall employ with or cause to be complied with the provision of the aforesaid act and rules whenever applicable. 15.5 In every case in which by virtue of the provision of the aforesaid act of the rules. The Railway is oblige to pay any amount of wages to a workman employed by the contractor or his sub contractor in execution of the work or to incur any expenditure in providing welfare and health amenities. 15.6 On providing welfare& health amenities required to provide under the aforesaid and the rule or to incur any expenditure on account of the contingent liability of the Railway due to the contractor failure to fulfill his statuary obligation under the aforesaid act of the rules the Rly will recover from contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the right of Railway under section 20 sub section(2) section 21- sub section(4) etc. of the aforesaid act of the Railway. Rly shall be at the liberty to recover such amount or part thereof by deducing it from the security deposit and/or from any sum due by Railway to the contractor whether under the contract or otherwise the Railway shall not be bound to contest any claim maid against it under sub section (1) section 20 and sub section (4) of the section 21 of the aforesaid act except on the written request of the contractor and upon his giving to the Railway full security for all costs for which the Rly might been liable in contesting such claim. The decision of the Rly’s regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the contractor. 16.0 Provision of interstate migrant workman (regulation of employment& conditions of service).Act- 1979 16.1 The contractor shall comply with the provision of above act as modified from time to time were ever applicable& shall also indemnify to Railway from & against under the aforesaid act and rules. 16.2 The ISMW (RE&CS) applies to (a) every establishment in which 5 or more interstate migrant workman are employed on any day of the preceding 12 months (b) to every contractor who employ or who employed 5 or more interstate migrant workman on any day of the preceding 12 months under this act. 17.0 Representation of work- The contractor shall nominate his Engineer/supervisor/representative on the work(s) who will be authorized to receive and acknowledge material/letters issued by the Railway and take all orders issued by the inspecting officers on the Railways. 18.0 Deduction of Income Tax- The Railway will deduct income tax on the gross amount of each bill and surcharge thereon as prescribed by the Govt. from time to time and such deduction of income tax shall be recovered while making payment to the contractors. The settlement of income tax should be made with the income tax authorities. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 10
19.0 Error Omissions and Discrepancies- The tenderer (s) shall not take any advantage of any misinterpretation of the conditions due to typing or any other error and if any doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction only printed rules and books should be followed and no claim for the misinterpretation shall be entertained. In addition provision contained in clause 22(5) of General conditions of contracts shall be applicable. 20.0 Taxes and Royalties- 20.1 All rates quoted in the tender shall be deemed to be inclusive of all taxes/royalties payable by the contractor(s) to the Government or public body or local authority including Service Tax and no additional amount will be paid or claim entertained on this account by the Railway. 20.2 The tenderer has to submit their valid service tax registration certificate for tenders of value above Rs.10 lacs alongwith the tender if already registered with department of Custom and Central Excise and service tax. 20.3 If the tenderer is not registered with the department of Custom, Central Excise and Service Tax at the time of tender, he has to apply for service tax registration within 30 days of the issue of acceptance letter. In case of non submission of Service Tax registration after 40 days of acceptance action as per extant rules will be taken for determination of contract. 20.4 In case any tenderer quotes Service tax extra they have to specifically mention ‘service tax extra’ and quote rate of service tax and if this rate is not quoted/mentioned then their offer will be summarily rejected. 20.5 In case service tax is quoted extra then any amount reimbursed on service tax account will be subject to the production of documentary evidence of this tax having been actually paid to the Government. This will be subject to following conditions:- (I) This reimbursement will be done by Railway after execution of work but the Service tax liability required by department of Central Excise, customs and Service tax has to be discharged by tenderer during currency of Contract. (II) The maximum amount of reimbursement will be as per actual but in no case more than the rate quoted by the tenderer in the offer. (III) Reimbursement will be subject to submission of a certificate by Contractor of availment of credit of the service tax paid under CENVAT credit scheme or any other prevailing scheme on the subject issued by the Service tax department and accountal of the same made in final bill duly adjusting the reimbursement amount to be claimed from Railway. 21.0 Inspection Registers- Rly shall maintain an inspection register at the site of work. Wherein the Engineer or the Executive Subordinates shall record instructions regarding the works etc. It is expected that the contractor or his representatives at the site to note such instructions whenever asked upon to do so and take action accordingly. 22.0 Downloading of tender document from website- “Tenderer can download the tender document from website www.tenders.gov.in. Tenderer submitting the offer on the document downloaded from website should enclose requisite cost of tender document along with their offer, failing which offer is liable to be summarily rejected”. Incase drawing is referred to in the website the cost of the drawing will be the part of the tender cost.Additional Special Conditions for tender documents downloaded from internet / website.` 22.1 These additional special conditions are applicable to tender documents & considered as part of it, which is downloaded from internet / website. 22.2 Tenderers may not that permitting of downloading of tender documents is an added facility for convenience of tender/s. Railway, however reserves rights to extend this facility for selected works or continue only with direct sale of tender forms. In case, tender document is not uploaded on website or downloaded failure or delay or incomplete tender document downloaded, whatsoever, Railway shall not be responsible in anyway. Railway shall not be responsible for any direct / indirect loss of business / profit resulting from inability to use this facility. 22.3 The tenderer (s) shall download and print the tender document solely for purpose of bidding of above work and downloaded document shall not be used, copied or reproduced for any other purpose. 22.4 End of the tender document is indicated by “End of the tender document” marker. Tenderer/should carefully see that above marker appears on the last page of downloaded tender document to ensure that downloaded document is complete. Tenderer is suggested to check the integrity and completeness of document before submission.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 11
22.5 The tender document downloaded from website though does not bear signature of Railwayauthority shall have same authority as having direct purchase from railway office. Tenderers while submitting his offer must sign all pages of tender document. 22.6 The downloaded and printed tender document along with various other documents should be submitted as per the details mentioned in tender document. The tenderer should clearly write on main tender cover and also on the sealed cover “Tender documents downloaded from website” 22.7 The tenderer/s are required to pay non refundable cost of tender document in the form of prescribed ion tender notice while submitting their offer. In case, they failed to furnish the requisite cost of tender document in prescribed form, their offer shall be rejected. The cost of EMD shall not be merged with cost of tender form and shall be separately furnished In case, tender document is downloaded from website, the cost of tender document, Rs2000/- non refundable should be paid separately and should not be merged with earnest money. The cost of tender form will be accepted in following forms and should be attached with the offered document, failing which the tender will be summarily rejected. (a) In cash with divisional cashier, west central railway, Jabalpur and production of money receipt (MR) to that effect. (b) Pay order / demand draft drawn in favor of Sr Divisional Finance Manager, West Central railway, Jabalpur issued by scheduled / nationalized bank. 22.8 The tenderer /s shall maintain the integrity of downloaded tender document and shall not make any change / addition / deletion / tempering, whatsoever in the downloaded documents. The tender/s offer shall be rejected and full earnest money shall be forfeited in case it is detected after submission of offer, that they have made any modification in downloaded documents. In case, such modification is noticed even after award of contract, Railway is liable to terminate the contract on contractors default. In addition, Railway reserves the right to take action against the tenderer/s as deemed fit, which may include banning of business dealing with the tenderer/s and the tenderer/s is also liable to be prosecuted as per the law. After award of the work agreement will prepared based on the master copy of tender document available in the Railways office. In case, any discrepancies is noticed in tender document submitted by the tenderer, the master document kept with the Railway shall prevail and decision of Railway thereon shall be final and binding on tenderer/s. 22.9 Tenderer/s shall print the tender document on good quality A-4 size papers of thickness 75GSM or above and printed document shall be legible. The document shall be properly bound and page numbers shall be in serial order as mentioned in downloaded documents. The tenderer/s shall not be reimbursed with the cost o stationary, printing and binding etc. Offer of tenderer/s is liable to be rejected by the Railway if the tender document is not printed or bound as per above instructions. Further, tenderer shall bear expenses of internet connection and telephone charges if any, for downloading of tender document. 22.10 The tenderer/s shall keep themselves updated about any modification in tender notice and tender document, issued by Railway through news papers , website or email or any other means and shall act accordingly. It is the responsibility of tenderer to check any correction or any modification published subsequently in website and the same shall be taken into account while submitting the tender. Tenderer/s offer is liable to be rejected if they have not enclosed all the correction/corrigendum along with downloaded tender documents. 22.11 The “additional conditions for tender documents downloaded from website” must be signed by the tenderer and enclosed along with the tender document failing which tender is liable to be rejected . 22.12 The following declaration should be given by the tenderer while submitting the tender. 22.13 The tendered document will also contain following declaration to be signed by the contractor.
“Declaration by the tenderer for the tender document download” We hereby declare that we have downloaded the tendered document from Indian Government Website- www.tenders.gov.in and printed the same. We have verified the content of the printed document from the website and there is no addition, no deletion and no alteration to the content of the tender document. In case the document is found to be tampered / modified. I/we understand that my / our offer tender is liable to be rejetcd and full earnest money deposited will be forfeited and I/we am /are liable to be banned from doing business with Railways and or prosecuted.
Signature of tenderer
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 12
Tender No: JBP/TRO/Tender/2013-02
Special Conditions and Specifications of Contract General a These special conditions and the work schedule shall govern the work to be executed under this contract in addition to and/or in part super session of the general conditions of the contract and standard specifications as laid down in the West Central Railway specifications for material and work 2007 amended time to time up to correction slip shown earlier. b Where there is any conflict between these special conditions of contract on one hand and standard specification and general conditions of contract of Central/West Central Railway/Indian Railway on the other hand the former shall prevail. c Any, special conditions stated by the tenderer (s) in the covering letter submitted along with the tender shall be deemed as part of contract to such extent only as have explicitly been accepted by the railway.
1. Name of work: Deployment of labour for loading and unloading of line boxes of Loco pilots and Guards by contractor’s labour TO and FRO from running room/lobby ( box room) to Diesel/AC engine/coach/brake van including shifting to running room/Box room or any other crew changing points or between these points at different loading and unloading points where this work is to be done and as per administration requirement from 00.00 hrs. to 24.00 hrs. on all days of the week including Sunday and Holidays for a period of 365 days (one year) at Saugor Station.
2. Quantity: 12 persons per day /4380 persons in 365 days (one year) will be required to complete the loading and unloading of line boxes (approximately 336 line boxes per day/122640 line boxes in a year to be loaded/unloaded) at SGO.
3. Scope of work: Attached.
4. Earnest Money, Security Deposit / Performance Guarantee (I) Earnest Money: 4.1 The tender must be accompanied with the due earnest money deposited in any of the following forms, in favour of Senior Divisional Finance Manager, West Central Railway, Jabalpur. The Earnest money shall be :- Value of the work (Tender Value) EMD
For works estimated to cost upto Rs. 1 crore. 2% of the estimated cost of the work
For works estimated to cost more than Rs. 1 Rs. 2 Lakhs plus ½% (half percent) of the excess of crore. estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs.1crore.
(i) FDR/DD/TDR/Pay order either of the State Bank of India or any Nationalized Banks. Deposit receipts executed by the Scheduled Banks (other than SBI and the Nationalized Banks) approved by the Reserve Bank of India for this purpose subject to getting in writing the concurrence of the RBI. 4.2 Earnest money should not be deposited with any Station Master on Railway. 4.3 Guaranteed bonds in any form, Lump-sum earnest money deposited with any department/ division / Zonal Railway, postal order, Banker’s cheque and Bank Guarantee Certificates etc., will not be accepted. 4.4 No interest will be allowed on the Earnest money from Railway. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 13
4.5 Earnest money deposited through FDR/TDR/DD/Pay order etc., having name of the tenderer inscribed thereon will be treated as invalid unless the same is or are signed on revenue stamp dealt with accordingly. 4.6 The tenderer should write his name / name of the firm at back side of the FDR / TDR/ DD/Pay order enclosed with this tender.
(II) Security Deposit: 4.7 The earnest money deposited by the successful tenderer will be retained as a part of security deposit for the due and faithful fulfillment of the contract by the contractor. The earnest money / security deposit shall be forfeited, if the contractor / tenderer failed to execute the agreement bond within 7 days after receipt of notice by the Railway that such documents are ready. 4.8 The balance to make upon the security deposit as specified in clause 16(1) (2) (3) of the General conditions of contract (Part II), may be deposited by the contractor or may be recovered by percentage deduction from the contractor’s “on account” bills as specified. 4.9 No interest will be allowed on the security deposit from the Railway.
5. VARIATION IN QUANTITIES:-
1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions. (a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade; (i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item,shall be paid at 98% of the rate awarded for that item in that particular tender; (ii) Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender; (iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associated finance and shall be paid at 96% of the rate awarded for that item in that particular tender. (b) The variation in quantities as per the above formula will apply only to the individual items of the contract and not on the overall contract value. (c) Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO/FA&CAO(C) and approval of General Manger. 3. In cases where decrease is involved during execution of contract: (a) The contract singing authority can decrease the items upto 25% of individual item without finance concurrence. (b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A grade may be taken, after obtaining no claim certificate from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities. (c) It should be certified that the work proposed to be reduced will not be required in the same work. 4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less that 1% of the total original agreement value. 5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items, however in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (Single percentage rate or individual item rate). 7. For the tenders accepted at Zonal Railways level, variation in the quantities will be approved by the authority in whose powers revised value of the agreement lies. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 14
8. For tender accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. 9. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager. 10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. 6. Checking of work: Chief Crew Controller/Saugor or Authorized representative nominated by the Sr. Divl.Elect.Engr./TRO/Jabalpur shall do checking of work on day to day basis.
7. Acceptance Certificate: After receipt of certificate from Chief Crew Controller/Saugor mentioning satisfactory work, authorized representative of Sr. Divl.Elect.Engr./TRD/Jabalpur (Gazetted officer) will issue final acceptance certificate which should be produced along with the Measurement Book.
8. Completion period: The entire work has to be completed within the period of 365 days from the date of receiving of LOA/work order by the firm
9. Security deposit: The contractor has to deposit security as per clauses: 13(2) of General condition of contract.
10. Term of Payment: (i) Measurement of work done will be maintained in book by Chief Crew Controller/Saugor . Payment will be made on monthly basis for actual quantity of work done duly certified by the representative of Sr. Divl.Elect.Engr./TRO/Jabalpur. (ii) 2% income tax plus surcharge on I /tax and other levies charges as per rule, will be deducted from the contractor’s bill.
11. Paying Authority: Sr. Divl.Finance Manager/ West Central Railway/Jabalpur will be the paying authority.
12. Liquidated Damage- If the contractor fails to execute and complete the work within the specified time, except in so far as the delay is on Railway administration’s account, the contractor shall accept reduction in the total amount payable to him by the railways as per extent rules. The present rate of liquidated damage is half % per week or part thereof or the delayed period.
13. Prevailing conditions- In case of conflict between special conditions of contract and the general conditions of contract, the special conditions will prevail.
14. Validity of offer- The tenderer will offer minimum 120 days of validity for their offer from the date of opening of tender, excluding the opening date of the tender.
15. Cess Charges- For contractors labour employed/residing at station & in colony where Railway sanitary facilities exists, contractor(s) shall be required to pay cess charges as per rules enforce on the railway from time to time.
16. Engagement of qualified Staff- a. The contractor shall employ the qualified staff to perform and look after the work as per Scope of work. b. “ 12 persons per day /4380 persons in a year will be required to complete the loading and unloading of line boxes (approximately 336 line boxes per day/122640 line boxes in a year) at SGO. 04 persons in each shift (night, day and evening shifts) shall be required per day in between 00.00 to 24.00 hrs.to complete the schedule work”.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 15
17. Issue of Identity cards by the Contractor
The contractor is bound to issue identity card to each and every person employed by him and deployed for execution of contract work as per the prescribed format provided in the tender document, at his failure on the part of the contractor to issue identity card to their employee will be related as breach of contract condition and therefore will be dealt as per clause no. 62 (VII) of GCC. It is mandatory on the part of every employee deployed by the contractor to keep in his possession the Identity card issued by the contractor through out the execution of work. Failure to possess such Identity will be treated as unauthorized presence in the Railway premises. Such person shall be liable for prosecution as per law.
It is mandatory for the contractor to submit the list of the employees issued with the Identity cards and deployed for execution of the particular contract, to the Railway’s Engineer at site before commencement of the work and also for any subsequent change made during the execution of the work. No claim whatsoever arising out of implementation of special condition pertaining to issue of identity cards shall be admissible.
18. Price variation- The rates quoted by the tenderer and accepted by Railway Administration shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc.
19. Penalty Clause - As per scope of work.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 16
Tender No: JBP/TRO/Tender/2013-02
GENERAL CONDITIONS OF CONTRACT IN BRIEF:
01. The contractor has to make good any loss or damage caused in the premise to railway property by his representative while rendering his duties at Running Room/Lobby (box room), Saugor. 02. The staff should attend duty as per scope of work and will be govern by shops & Establishment Act 1948.No over time will be paid by Railway to contractor. 03. The employee of agency shall not be entitled for facility as is being provided to railway staff. It is the sole responsibility of contractor to observe and abide by the provision of Labour Act, such as workman compensation Act, Provident fund Act, wages Act, Gratuity Act etc and other regulation framed by the govt. and revised time to time. Railway will not be responsible for any violation of the act or regulation by the agency. 04. Railway will not be responsible for any accident (fatal or non fatal) or injury to all personal of the agency or any financial implications arising there upon. 05. If any of the misconduct or adverse report against the performance of the agency or its employee is reported to Railway, then Railway reserves the right to cancellation/termination of contract at any stage and decision taken by the Railway authority will be final and binding on the agency. 06. The agency will be responsible for compliance of all statutory observation under the factory Act, Contract labour Act, Minimum Wages Act, contribution under EPF, Professional Tax, CPF & ESIC Act in respect of his employee. 07. All dispute/differences arising in connection with this contract if conflicted shall be subject to the exclusive jurisdiction of Jabalpur court. 08. Failure to carry out the work during the contractual period, Railway will be at liberty to get work done departmentally or from other agency. 09. Subletting of the work will not be allowed. Otherwise the contract will be terminated and the security deposit shall be forfeited. 10. The employee provided by the agency shall be physically fit and under 45 year of age and above 18 year of age. 11. The agency will have to make necessary relief arrangements to the employee for their leave etc. 12. Any extra payment required to be made by the agency to its employee on account of over time etc. or any other account the agency shall not be entitled to claim any additional payment from the railway and would pay the same themselves. 13. For any detailed clarification the agency may contact the office during the working hours. 14. The Railway reserves the right to add more terms & conditions during the contract period if found necessary. 15. The offer is to be made duly considering the prevailing rates and the probable increase in the rates of minimum wages in future during the period of contract. Railway shall not entertain any claim from the agency about escalation on account of increase in rates of minimum wages. Any increase in rates of minimum wages, from time to time, shall require to be paid by the agency. 16. The agency will require maintaining measurement / registering books to guarantee that number of personnel as/if decided is actually being employed and such books after necessary checking will be countersigned by the Railway authority. 17. In case of theft/ pilferage the cost of the same will be recovered from the agency. The decision of railway will be final. The agency shall employ only such staff that is of good character, fit, well behaved and skillful in their duties and also willing to discharge duties sincerely. Such employee who are found to be creating nuisance or who are not up to desired standard or who are indulged in unsocial activities will be removed by the agency on recommendation of Sr. Divisional Electrical Engineer(TRO) Jabalpur. 18. It should also be ensured that the employees employed by the agency are having proven antecedents and no police case etc. is pending against such people. The agency shall be solely responsible for all acts of its employee.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 17
19. The timing for the agency for their employees will be as per activities of scope of work. 20. The cost of lost/stolen/damaged to Railway material caused to Railway by contractor’s employee as found by Railway authorities will be recovered from the contractor’s on account bill and security deposit immediately and payment will be made when value of material or damages are recovered or paid by the agency to Railway. 21. If any damages/theft/loss occurred during the contract period but noticed after the expiry of the contract, the agency will make good the damage/theft/loss by submitting an under taking to that effect. 22. In case of failure of contactor in to carry out any activity as per above contract, a penalty will be imposed to deduct from his monthly bill. as mentioned in scope of work and he will have to complete the left over work also. 23. Contractor will issue proper Identity card to his staff and keep copy of identity card in record also for Identification. 24. Contractor will also submit medical certificate for each and every employee employed for above work. Medical certificate will include certification from registered medical practioner (at least MBBS) that employee is free from any disease which is likely to be impediment in the discharge of his duties in running room.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 18
ANNEXURE “II” Tender No. JBP/TRO/Tender/2013-02
SCOPE OF WORK,EXPLANATORY NOTES & SPECIAL TERMS & CONDITION OF CONTRACT
1. Scope of work: Deployment of labour for loading and unloading of line boxes of Loco pilots & Guards by contractor’s labour TO and FRO from running room/lobby ( box room) to Diesel/AC engine/coach/brake van including shifting to running room/Box room or any other crew changing points or between these points at different loading and unloading points and as per administration requirement where this work is to be done from 00.00 hrs. to 24.00 hrs. on all days of the week including Sunday and Holidays for a period of 365 days (one year) at Saugor Station.
(a) Contractor will provide total twelve labours per day as required at Saugor Station for loading, unloading or shifting of line boxes of railway Loco Pilots and Gurads . Details of deployment of labour is as under-
S. Depot/Lobby Total No. of No. of box boys Line boxes of Under control of N. Box boys (labour) per depot in charge (labour) per shift of eight day hours 1. Saugor 12 00/08 shift- 04 Loco Pilots & CCCOR/SGO 08/16 shift- 04 Guards 16/24 shift- 04
The deployment of labourers is prepared as per present requirement but may be changed as per administrative requirement. Number of labour may be decreased or increased by the DRM (TRO) JBP by giving notice period of seven days to the contractor. Number of line boxes may also vary as the number of trains run per day vary. The number of line boxes is only indicative not the base for payment, it is only to asses the work load which may increase or decrease as per the requirement.
2. Explanatory Notes
1. Line boxes of loco pilots and Gurads is to be picked up/dropped from lobby/running room (box room) and transported by contractor’s labour TO and FRO from running room/lobby (box room) to Diesel/AC engine/coach/brake van including shifting to running room/lobby (box room) or any other crew changing points or between these points as per administration requirement from 00.00 hrs. to 24.00 hrs. on all days of the week including Sunday and Holidays for a period of 365 days (one year). 2. 12 persons per day /4380 persons in a year will be required to complete the loading and unloading of line boxes (approximately 336 line boxes per day/122640 line boxes in a year to be loaded/unloaded) at SGO for which in a day i.e. 00.00 to 24.00 hrs. 04 persons in each shift of 8 hrs. (night, day & evening shifts) shall be required to complete the schedule work. Number of line boxes may vary as the number of trains run per day varies. The number of line boxes is only indicative not the base for payment, it is only to asses the work load which may increase or decrease as per the requirement.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 19
3. Special terms & conditions of contract: -
(a) BIO-DATA FOR THE BOX BOYS. Contractor has to issue the identity card to each and every employee deputed by him indicating the name, address and photograph and the details of it to be submitted to Railway administration on the prescribed Performa before starting the work. The details of the employees of the contractor are to be verified and certified by the contractor. The identity card issued by the contractor will be counter signed by CCCORs of each lobby/depot concerned. The Identity card should be available with the staff while working.
b Proforma for details of employee PHOTO
1. Name : 2. Date of Birth : 3. Qualifications : 4. Present address : 5. Permanent address : 6. Identification marks :a) b) 7. Ex serviceman/Civilian : Specimen signature of Signature of contractor Contractor’s employee (c) The total numbers of Identity Card to be certified is as under. Designation Maximum person to be certified S.No Requirement (including L/R & R/G) BOX BOY (Unskilled 15 1 12 for SGO lobby labour)
(d) Contractor will deploy number of box boys (Unskilled labour) as per scope of work through out the 365 days including Sunday, holidays etc. (e) The deployment of the contractor staff in a shift and timings of eight hours shift will be as advised by CCCORs of the concerned depot. (f) The contractor shall not employ person below the age of 18 as labourers directly or indirectly for the execution of work. (g) The ‘work’ shall be performed at the place or places specified in the tender or at such other place or places (New locations/stations) as may be approved by the in-charge for deployment of labour loading /unloading of line boxes. In such condition contractor has to provide labour from other locations/lobby or additional labour at that new location/station as per requirement of railway administration on written orders of the Sr. EEE (TRO) JBP. Payment will be done on the basis of total number of labour deployed as per the requirement of railway administration. (h) Labour (Box boy) provided by the contractor may be sent with jeep or road vehicle other than
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 20 hired vehicle to near by other stations (or locations) at crew changing points for loading / unloading of line boxes. (i) Contractor’s labour will obey the instructions given by the on duty lobby supervisor / shed man / lobby staff for the loading / unloading / shifting of line boxes. (j) Hand push trolley for shifting or carrying of line boxes will be provided by the Railways “As and where it is” condition. Contractor will repair and maintain the hand trolley further at his own cost. At those lobbies, where hand trolley is not provided by the railway administration, contractor can make his own arrangement at his own cost or handle line boxes manually. (k) The contractor shall ensure that minimum Twelve (12) no. of persons (or number of labour) as advised by Railway administration) are engaged daily in uniform, with Identity card. The contractor has to maintain the attendance register of the staff deployed for the subject work. (l) The contractor shall ensure that all the labour appear on duty right time and report to on duty lobby supervisor and no train is detained on account of loading/ unloading of line boxes. Daily attendance and performance sheet will be made for deployed labour and their performance at each lobby/station and will be jointly signed by the on duty Lobby supervisor along with contractor’s representative. Contractor or his authorized representative will obtain the attendance verification in each shift from the on duty lobby supervisor and daily verification from CCCOR of the concerned lobby. Final compliance certificate for the month will also be required, to be obtained on the last working day of the month from CCCOR of each concerned depot. These certificates shall form the basis for payment against the work done during the month. (m) Contractor him self or his supervisor/representative must provide the mobile phone number in each depot before starting the work and keep in good working condition so that in emergency they can be contacted by the railway authority. (n) Line boxes must be kept in box room or specified places in a proper manner. If line box is found unnecessarily kept at other place, then penalty may be imposed as per the relevant clause. (o) Contractor should ensure that labour provided by him has no habits of smoking /Tobacco consumption / consuming alcohol. (p) Successful tenderers shall be allowed to operate the contract, and no subletting of work would be permitted without the permission of Railways. (q) Contractor has to keep their tools (like hand trolley etc.) in their own custody. Theft or any unusual occurrence will be the full responsibility of the contractor. (r) If the contractor has any doubt as to the meaning of any of the conditions of the specification/ drawing, he shall (before submitting the tender) set forth the particulars thereof and submit them to the Sr.DEE (TRO) JABALPUR in writing in order that any such doubt may be removed. (s) The contractor shall be responsible for the general conduct and discipline of his labourers. Railway administration reserves its right to take necessary action as deemed fit in all cases of misconduct/indiscipline. (t) Successful tenders will have to abide by the labour laws in force and shall have to pay minimum wages as declared from time to time by the Central Govt. Any claims in this regard whatsoever will have to be borne by the successful tenderer only. Such labour engaged is the liability of the contractor and Railway bears no liability whatsoever on such engagement. (u) If Railway Administration at any time considers that the mode adopted by the contractor of paying his workman is objectionable, then they shall have the power of requiring a change of system within one week from the date of notice in writing to that effect and in case of non- compliance with such notice, all payments to the contractor may be withheld during such non- compliance. (v) The contractor shall remain liable for theft/Damage of any Railway Material by his staff and high penalty/fine will be imposed by the Railway Administration as deemed fit for each case, which will be deducted from the bill. The contractor should take utmost care to ensure that no damage to the Railway property takes place due to any act of his workmen. (w) The contractor should submit the Police verifications certificate of the staff deployed by him to the CCCOR of the concerned lobby/station i.e. SGO and copy of the same to the RPF (as per
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 21 concerned lobby) for record within three months from the date of issue of letter of acceptance, failure of which will attract the penalty as per the clause. (x) The contractor shall ensure that all the staff engaged are medically fit and not suffering from any contagious disease. He shall ensure due Medical Check up of all his staff once in every 6 months from an authorized medical practitioner (MBBS) and medical fitness certificate to this effect shall be submitted to CCCOR of the concerned lobby for records. (y) The behavior of the workman or staff members deputed by the contractor should be decent and good with the lobby staff and concerned Railway supervisors. Any workman, who misbehaves while on duty, should be removed immediately and replaced with the proper person. If such type of complaints are repeated the penalty will be imposed on the contractor, which will be decided by Railway administration and will be final and bound to the contractor. The repetition of such type of misconduct will result in the termination of the contract. (z) Contractor’s representative will give his mobile no. to lobby for communication purpose. His mobile no. will remain ON during duty hours. Contractor shall also give his mobile no. to railways. He will ensure that his mobile is attended promptly. (aa) Contractor/Contractor’s staff should give immediate information to on duty lobby supervisor or railway officials regarding any defect or cause, which may affect the working of lobby or train operation ( if any) and any unusual occurrence in the lobby. (bb) Contractor has to maintain following register at his own cost. (i) Medical tests register of employee. (ii) Contractor‘s staff attendance register (iii) Contractor‘s staff payment register Contractor has to maintain following register also provided by the Railway. a) Check sheet for staff deployment and performance. The above records/registers must always be in updated position. (cc) Contractor will ensure sufficient safety for his staff during works contract. Railway will not be responsible for any damage or loss of property of person of contractor while doing the work at site. It will be contractor’s responsibility to ensure safety of their men and material at site. Nothing to be stored kept in railway premises other than specified. (dd) First aid facilities shall be provided and maintained by the contractor so as to be readily accessible during all working hours. For that he shall maintain a First aid box equipped with the prescribed contents at nominated place.
(ee) The Railway shall not be responsible for any accident that may occur to contractor’s labours / servants for any reasons whatsoever. The contractor will himself ensure the safety of his workers and shall be liable to pay claims, whatsoever if made by the contractor labours. Railway will not carry any responsibility of such payments. The contractor will be responsible to supply personal protection equipments (PPE) to his staff and no additional charges are claimable for the same. (ff) No railway passes for conveyance of contractor /his staff will be granted. (gg) The correspondence related to this work is to be made with Sr. Divisional Electrical Engineer (Traction-Operation), West Central Railway/ JBP and a copy to Asst.Divl. Elect.Engr. (traction Operation)/NKJ & Chief Crew Controller of SGO. (hh) The contractor is liable to pay service tax as per extent rules of Central/state Governments. Rates to be quoted by tenderer will be inclusive of all taxes except Service Tax and no additional taxes will be considered. All applicable taxes will be deducted from the monthly bill of the contractor. (ii) Before quoting, the tenderer should read carefully all the specifications and conditions mentioned and certify that he has gone through the tender details and abide by the rules and regulations mentioned in the tender. Tenderer should sign each and every page of the ‘Tender’ as a token of ‘acceptance’. No deviation for the same will be accepted by Railway. Also contractor should visit the lobby/station and check the scope of work physically before quoting for this tender.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 22
(jj)The tenderers are further required to affix his/their signature on each page of the tender documents/annexure/agreement etc. as a token of his / their acceptance and for the purpose of authentication. (kk) Railways reserve right to add more terms & conditions during contract period if found necessary, without any financial implication. Senior Divisional Electrical Engineer (TRO)/Jabalpur will have full rights to make any Changes, if necessary and same will be binding on part of the contract. (ll) The contractor will implement the full scope of work and all special conditions. In case of any dispute the decision of competent authority will be final. (mm) If contractor fails to complete the work as per contract agreement 7 days & 48 Hrs notice as per GCC item 62 will be given to contractor for terminating the contract. (nn) No multiple rates, and /or conditions under any circumstances to be quoted by the tenderer/s otherwise his/their tender/s may be liable for rejection. (oo) The Contractor has to follow HOER Rules. The contractor shall be responsible for compliance with the provision of the hours of employment regulations in respect of the staff employed by him in the manner decided upon by the appropriate authorities. (pp) The tenderer will ensure that payment of wages to the labour employed by them should be on due date as per the Factories act, irrespective of tenderer monthly bill passed by Railways. (qq) A fee of Rs250/- per legal document like partnership deed or power of attorney executed before or after the execution of the contract, will be recovered form the contractor for obtaining legal advice in the Law Office. (rr) All the general conditions of contract vide Rly. Board’s authority No.88/CE-I/CT/1/ Vol. II date.06.02.1998 and modification/changes corrections enforced from time to time will be applicable with this contract. The contractor can go through the terms and conditions of G.C.C which is available at DRM (TRO) office, Jabalpur on any working days, between 10.00 am to 5.00 pm 4. EPF & ESIC :- 4.1 The contractor shall register all his staff with PF commissioner & ESIC manager as per current EPF & ESIC acts of state/central Govt. The contractor shall deposit employer’s contribution for each staff every month with concern Deptt. as per concern acts. This aspect shall be considered by contractor while quoting the rates for tender. 4.2 The contractor shall furnish following information on monthly basis with documentary evidence there of (as per Annexure III) a) The registration number of each staff with PF commissioner & ESIC commissioner or manager. b) Details of place where all the staff registered with PF & ESIC deptt.
5. Payment terms a) The payment to the contractor will be made on monthly basis. The contractor shall submit his bill, duly verified and certified by CCCOR SGO depot monthly or as authorized by DRM(TRO) JBP for payment. The Paying authority will be the Sr. DFM JBP. b) Income Tax and work contract tax shall be deducted from payment as per rule. c) Payment for first month shall be made subject to submission of verified attendance of staff. Documentary evidence for disbursement of payment to contractor’s staff for the month. d) Payment for the subsequent month shall be made subject to submission of all documents as per clause 4.2 above, and documentary evidence for deposition of employer’s shares as clause 4.2 for EPF & ESIC for previous month. In case of failure, equivalent of previous months shall be deducted from current month’s bill. This deduction shall be refundable on production of necessary documents during the currency of contract 6. The standard payment terms will be as under: No advance payment will be made by the Railways. Payment will be made month wise through on account bill submitted by the Contractor after inspection by nominated representative by DRM (TRO) JBP. CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 23
CCCOR SGO will prepare the bill & Measurement Book on the basis of the certificate issued by concerned lobby and submit the same to DRM (TRO) Office JBP for further process. Tenderer should submit their offer considering the present minimum wages of labour rate, PF, ESIC, etc, on due date of tender opening and other rules and regulations applicable from time to time. Payment as above shall be subject to any deductions of any amount for which the contractor is liable under the contract against this tender including penalty as specified in work evaluation and penalty or any other contract in respect of which the President of India is the contracting authority.
7. PENALTY: 7.1. Contractor must note that ensuring availability of staff round the clock is of utmost importance. Absent, late appearance on duty or absconded from duty without handing over charge to box boy of next shift will also be treated as absenteeism. Any absenteeism shall be penalized as under. Absenteeism per shift –for Contractor’s Labour: - (a) `. 300/- for each absenteeism per shift. 7.2. If any contractor staff is found in intoxicated position during duty hours or found misusing the assets in Lobby, the contractor will be penalized for Rs300/- per instant. 7.3. Any violation of contract conditions and non-compliance of scope of work will attract penalty up to `. 500/- per incidence. 7.4. Penalties imposed on the contractor will be deducted from his monthly bill strictly & no complaint of contractor will be entertained regarding this deduction. 7.5. In case of any damages or loss to Railway Property on account of negligent or faulty working of the contract’s labour, the cost of such damages will be recovered from contractor bill as decided by the Railway administration. 7.6 Penalty amount is detailed below- Sr. Detail of penalty Penalty Amount No. 1. Train detained up to fifteen minutes- Rs 300/- (Three Hundred only) per train 2. Train detained up to 30 Minutes- Rs500/- (Five hundred only) per train 3. Train detained more than 30 Minutes- Rs1000/- (One Thousand only) per train 4. Trains detained more than 1 hrs- `5000/- (Five Thousand only) per train 5. line boxes will be found on platform Rs1000/- in each case. instead of box room- 6. If any line box is misplaced or lost a Rs2000/-in each case. penalty- 7. Damage the line box or over carrying. `1500/- in each case. 8. Labour found without uniform or Rs100/- per labour. Identity card- NOTE: - (a)The penalty may also be imposed by Inspecting Officers during the inspection for any irregularities. Penalty gives no right to contractor to be in practice to detain trains frequently on account of crew line box. If the trains will detain on account of line box administration will review the contract and after giving due notice contract will be terminated and remaining work will be carried out by the security deposited by the contractor. (b) The Labour engaged by the contractor should always be in uniform and Identity card and if they are found without these, Railway’s will impose penalty of Rs100/- per person per day.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 24
(c) The contractor should submit the Police verifications certificate of the staff deployed by him to CCCOR of the concerned lobby/depot and copy of the same to the concerned RPF office for record within three months from the date of issue of letter of acceptance. In case of failure a penalty of Rs1000/- per person per month (after three month grace period) will be imposed on the contractor.
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 25
ANNEXURE-I Tender No. JBP/TRO/Tender/2013-02
Schedule of rate and Quantities Name and place of work: - Loading and Un loading of Line Boxes of running staff (Loco Pilots and Guards ) at Saugor (SGO) Contract value of work: - Rs 1095845/-
Period: - 365 days (One year) Quantities of labour for 365 days :- 4380 labour
Number Total No. Deployment (To be filed by the of labour of labour at (station) contractor) (Box (Box Boy) Unit Rate Total Cost Description of work Boy) required (In Rs) required for 365 per day days Deployment of labour for loading and unloading of line boxes of Loco pilots 12 4380 Saugor to & fro from running room/lobby (box room) to Diesel/ ACengine/ coach/brake van including shifting to running room/lobby (box room) or any other crew changing points or between these points where this work is to be done. and vice-verse and as per administration requirement from 00.00 hrs. to 24.00 hrs. on all days of the week including Sunday and Holidays for a period of 365 days (one year). at SGO
Total cost of work for 365 days (In figures): (In words):-
Note:- (a) Rates quoted should be inclusive of all other charges and taxes etc. except service tax. (b) The rate of service tax will be paid, if applicable, on actual, on production of Documentary evidence. (c) Total deployment of labour will be 12 per day. The deployment of required number of labour has to be provided by contractor as per scope of work. (d) The payment schedule, nature of work & special terms and conditions of contract are mentioned in Tender Specifications Annexure -II. (e) No variation in rates, for what so ever reason shall be entertained during the currency of contract. However the provision of minimum wages act should be kept in mind by tenderer for complete contract period. (f) The Railway reserves the right to increase/decrease the above quantities
Date : -
Signature of the Contractor. DRM (TRO) JBP Name & Address of the Contractor.
Phone /Mobile No...... Witnesses (1)......
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 26
Tender No. JBP/TRO/Tender/2013-02
FORM FOR AGREEMENT
AN AGREEMENT made this …………………………………………… day of …………………………. Two Thousand and Two between the President of India acting in the premises through the Sr. Divisional Electrical Engineer (TRO) or his Successor West Central .Railway, Jabalpur–482001 of the Ministry of Railways, Railway Board (hereinafter referred to as “the Purchaser”) of the one part and Messrs ………………………………………….. (Hereinafter referred to as “the Contractor”) of the other part. Whereas in response to a call for Tenders for Division of Central Railway as per Tender paper No.……………………………………………dated………………… Hereto, the Contractor has submitted a Tender as per tender schedule hereto and whereas the said Tender of the Contractor has been accepted as per copy of Letter of Acceptance of Tender No……………………………………….dated……………………… complete with enclosures at the accepted rates and agreed deviations from Tender No. ………………….. ……………………………..as per tender schedule hereto and at an estimated contract value of Rs………….(Rupees…………………………………..only). Now this Agreement witness that in consideration of the premises and the payment to be made by the Purchaser to the Contractor provided for herein below the Contractor shall supply all equipments and materials and execute and perform all works for which the said Tender of the Contractor has been accepted, strictly according to the various provision in tender schedule hereto and upon such supply, execution and performance to the satisfaction of the Purchaser, the Purchaser shall pay to the Contractor at the several rates accepted as per the said tender schedule and in terms of the provisions therein.
In witness whereof the parties have hereinto set and subscribed their respective hands and/or seals the day, month and year respectively mentioned against their respective signatures.
Signed and delivered at ……………………………………………………….. by Shri ……………………………………………………for and on behalf of M/s………………………………………………………..the Contractor within named in the presence of :
(Signature of the Contractor)
1. Signature : Name in Block Capitals : Address :
2. Signature : Name in Block Capitals : Address :
Signed and declared at Jabalpur for and on behalf of the President of India by Shri …………………………………………..
(Signature)
1. Signature : Name in Block Capitals : Address :
2. Signature : Name in Block Capitals : Address:
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 27
Details of Bank Account
TENDER NO. : JBP/TRO/Tender/2013-02
NAME OF WORK : Loading and Un loading of Line Boxes of running staff (Loco Pilots and Guards) at SGO.
Name & Address of the Firm Name of the Bank Branch Bank Account No. /Contractors Code
PAN (Issued by Income Tax department) ………………………………..
Signature of the contractor
Date:
Address:
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 28
Tender No. JBP/TRO/Tender/2013-02
Annexure-III
Performance of certificate to be produce by contractor along with monthly Bill.
a) This is certified that employees have in possession of EPF numbers and ESI Cards. They have been paid wages as per Minimum Wages Act.
b) It is certified that `...... has been deposited vide challan no...... dated...... in bank ...... for the month as EPF (as per EPF & M.W.Act 1952) for employees engaged by me for contract awarded by DRM (TRO) WCR/ JBP. Copy of deposited challan is enclosed.
c) It is certified that `...... has been deposited vide challan no ...... dated ...... in bank ...... for the month as ESI for employees engaged by me for contract awarded by DRM (TRO) WCR/ JBP. Copy of deposited challan is enclosed.
d) It is certified that all Industrial Laws and other relevant laws & Acts applicable to such contract, have been followed by me.
e) It is certified that services of...... (Number of employees) was/were terminated / transferred to my other unit or willingly left the job. Their all dues pertaining to this contract have been fully cleared as per rules. The contractor has to submit complete list of above changes every month with the name of staff, Father’s name and age of the staff.
Signature of Contractor
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 29
Tender No. JBP/TRO/Tender/2013-02
West Central Railway Check sheet No. 1
Check sheet for staff attendance and performance LOBBY------Date______
S.N. Shift 0/8 Shift 8/16 Shift 16/24 Present Present Present Name (timely/Late) Name (timely/Late) Name (timely/Late)
1
2
3
4
5
Total No. of Box boys Total No. of Box boys Total No. of Box boys Remark (if any)- Remark (if any)- Remark (if any)-
Signature & Signature & Signature & Name of Lobby Name of Lobby Name of Lobby supervisor supervisor supervisor
Signature of contractor/representative Signature of CCCOR Lobby- Office Seal
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 30 Tender No. JBP/TRO/Tender/2013-02
END of
The Tender Document
CONTRACTOR Sr.Divl.Elect.Engr.(TRO)/Jabalpur 31