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Northern Railway, Moradabad Division


Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
NORTHERN RAILWAY
TENDER NOTICE No. 43(O)/DRM/MB DIVL. RLY. MANAGER
DATED: 01/10/2013 OFFICE, MORADABAD
Item
No.
Name of Work
Approx.
cost of the
work
Cost of
tender
form
Address of
the office
from where
the tender
form can
be
purchased
Earnest
money to
be
deposited
Comple
tion
period
of the
work
Date &
time for
submissio
n of
tender &
opening
of tender
Website
particulars and
notice board
location where
complete details
of the tender can
be seen, etc.
1 Provision of rolling in hut rolling in
lights for C&W staff of Moradabad
division in the section of Sr.DEN-I &
DEN/HQ Moradabad. Provision of
additional rooms for C&W staff and
stores in sick line at Haridwar &
Dehradun and Partition of running room
at Haridwar under ADEN/Roorkee .
1946132/- 2000
Engineering
Branch,
Divisional
Railway
Managers
Office,
Northern
Railway,
Moradabad
38930/- 6 month 19/11/13
Website:
www.nr.indianra
ilways.gov.in
Notice board is
located in the
Works Accounts
(WA) section of
Engineering
Branch,
Divisional
Railway
Managers
Office, Northern
Railway,
Moradabad
2 Cleaning of jungle and removal of
debris in stations area and colonies
under ADEN/Najibabad.
614577/- 2000 12300/- 2 month 19/11/13
3 Rebuilding of bridge no. 87 (1x6 feet)
span at Km 93/9-10on GJL-MZM
section and bridge no. 3 (1x2 feet) span
on NBD-KTW section under
ADEN/Najibabad.
1400721/- 2000 28020/- 4 month 19/11/13
4 Improvement to platform surface on
platform no. 1,2&3 by vacume
dewatering concrete at Haridwar under
ADEN/Roorkee.
5165200/- 5000 103304/- 4 month 19/11/13
5 Pre & Post attention work in connection
with deep screening by BCM and
tamping by tamping machine in MB
Division.
19801250/- 5000 249010/- 6 month 19/11/13
Notes:-
1. Tender documents should be submitted in sealed cover superscribing the name of work and date of opening. Special conditions,
if any, should be attached (tied with tag/thread properly) with the tender documents only. No loose document, found in the
tender box, shall be considered, in any case.
2. Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender is submitted on his own or on
behalf of a partnership concern. If the tender is submitted on behalf of partnership concern, he should submit along with the
tender the certified copy of partnership deed and power of attorney as specified in para 8 of Annexure K-2 of the tender
documents. 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. The partnership deed should invariably be attached with the tender
documents while submitting the tender documents. No partnership deed shall be entertained after opening of the tenders.
3. Beside this tender documents are also available at Northern Railway website www.nr.indianrailways.gov.in and the same can
be down loaded from there also. The tender documents downloaded through website must accompany tender documents cost as
mentioned above, otherwise the tender shall be summarily rejected. Further particulars regarding tenders/tender documents
can be taken from the office of Divl. Rly. Manager/Engg Branch/Moradabad after depositing the requisite tender cost. If
required by post Rs.500/- extra (non-refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern
Railway, Moradabad shall be required to be paid. No tender form will be issued on application received after 12.00 hours on
the same day (date of tender opening). The tender opened at 16.15 hours on the same day (date of tender opening). The cost
of tender documents is non-refundable and tender documents are not transferable.
4. The earnest money and the cost of tender documents can be paid in the form of 1) cash deposit with Divisional Cashier or Chief
Booking Supervisor, Northern Railway/Moradabad or any station of Moradabad Division and money receipt to be attached with
tender documents with entry of the same in the tender documents below the tender schedule. 2) Demand draft, deposit receipt,
pay order etc. issued by State Bank/Nationalized banks/Scheduled banks approved by RBI only valid for 90 days or more from
the date of opening of the tender duly pledged in favour of Sr. Divisional Finance Manager, N.Rly./Moradabad. Tender
documents received without earnest money and security deposit, to keep the offer open for a period of 90 days will be
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
summarily rejected. The details regarding forms in which earnest money and tender documents cost can be deposit are availabl e
in para 3.2.1 and 2.1.3 of the tender documents.
Following condition no. (i) & (ii) are for item no. 4&5 above only:-
(i) Contractor should have completed at least one similar single work in the last three financial years
(i.e. current year and three previous financial years) for a minimum value of 35% of advertised
tender value of work.
(ii) Contractor should have received contract amount of minimum of 150% of advertised tender value
of work during the last three years (i.e. current year & last three previous financial years).
Certificate produced by the tenderer(s) to this effect which may be an attested certificate from the
employer/client, audited balance sheet duly certificate by the Chartered Accountant, etc.
Similar nature of work will be considered for item no. 4 above as under:-
Any civil work other than track work.
Similar nature of work will be considered for item no. 5 above as under:-
Any manual or mechanized track work involving CTR/TRR/TSR/Deep screening/Shallow
screening/overhauling/De-strssing/Raising/End cropping of track etc. Pre & Post works for track
maintenance machines & TTR by T-28.
For Divl. Rly. Manager
N.Rly/Moradabad.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
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-5-
Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
SCHEDULE OF RATES AND APPROXIMATE QUANTITIES
RATES TO BE QUOTED BY THE TENDERER
1. Name of work:- Provision of rolling in hut rolling in lights for C&W staff of Moradabad
division in the section of Sr.DEN-I & DEN/HQ Moradabad. Provision of additional rooms for
C&W staff and stores in sick line at Haridwar & Dehradun and Partition of running room at
Haridwar under ADEN/Roorkee .
Estt. No. 266/2013 (DF-III), 267/2013 (DF-III) & 138/2013 (rev). .
Approx cost:- Rs. 19,46,132/- EM:- 38,930/- D.O.C. Six months
(SH I) Provision of rolling in hut rolling in lights for C&W staff of Moradabad division in
the section of Sr.DEN-I & DEN/HQ Moradabad
Item
No.
Description of items (Part-A, SOR items)
Unit Rates in fig. & words
1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except item
No. 014060,014120&014130 at par cost Rs. 675/-
%age above
/below/
at par
2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 except
item No. 033070,033080,033090,033110,033130 at par cost Rs.
104240/-
Do
3 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except item
No. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 34377/-
Do
4 All L& M for all items of Ch. 8 (Steel & Aluminum Work) of
SOR/2010 at par cost Rs. 379600/-
Do
5 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) of
SOR/2010 except item No.
096011,099030,099040,099160,099170,099180 at par cost Rs. 46285/-
Do
6 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 except
item No. 105010,105020,105110 to
105150,106080,106090,106160,107010 to 107130,109010 to
109020,109030,109160,109310 par cost Rs. 140967/-
Do
7 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 at
par cost Rs. 464/-
Do
8 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) of
SOR/2010 at par cost Rs. 20405/-
Do
( SH II) Provision of additional rooms for C&W staff and stores in sick line at Haridwar &
Dehradun under ADEN/Roorkee.
Item
No.
Description of items (Part-B, SOR items)
Unit Rates in fig. & words
1 All L& M for all items of Ch. 1 (Earth Work) of SOR/2010 except item
No. 014060,014120&014130 at par cost Rs. 33153/-
%age above
/below/
at par
2 All L& M for all items of Ch. 3 (Plain Concrete) of SOR/2010 except
item No. 033070,033080,033090,033110,033130 at par cost Rs.
211625/-
Do
3 All L& M for all items of Ch. 4 (RCC) of SOR/2010 except item No.
045020,045021,045022,045030,047010,047053,047054 at par cost
Rs. 329078/-
Do
-6-
Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
4 All L& M for all items of Ch. 5 (Brick Work) of SOR/2010 except item
No. 055100 to 055120, 056010 to 056030, 057170 par cost Rs. 233646/-
Do
5 All L& M for all items of Ch. 8 (Steel & Aluminum Work) of
SOR/2010 at par cost Rs. 53065/-
Do
6 All L& M for all items of Ch. 9 (Flooring, Paving and Dado) of
SOR/2010 except item No.
096011,099030,099040,099160,099170,099180 at par cost Rs. 51522/-
Do
7 All L& M for all items of Ch. 10 (Roof & Ceiling) of SOR/2010 except
item No. 105010,105020,105110 to
105150,106080,106090,106160,107010 to 107130,109010 to
109020,109030,109160,109310 par cost Rs. 7287/-
Do
8 All L& M for all items of Ch. 11 (Finishing Masonry) of SOR/2010 at
par cost Rs. 47703/-
Do
9 All L& M for all items of Ch. 12 (Painting, Polishing and Vanishing) of
SOR/2010 at par cost Rs. 3265/-
Do
10 All L& M for all items of Ch. 13 (Water Supply) of SOR/2010 at par
cost Rs. 9834/-
Do
11 All L& M for all items of Ch. 15 (Sanitary Installations) of SOR/2010
except item No. 151300 at par cost Rs. 9394/-
Do
( SH III) Partition of running room at Haridwar under ADEN/Roorkee.
Item
No.
Description of items (Part-C, SOR items)
Unit Rates in fig. & words
1 All work included in item no. 082010, 082011 & 082022 of Ch. 8 (Steel
& Aluminum Work) of SOR/2010 at par cost Rs. 108298/-
%age above
/below/
at par
2 All work included in item no. 095026 of Ch. 9 (Flooring, Paving and
Dado) of SOR/2010 at par cost Rs. 79294/-
Do
3 All work included in item no. 252030 of Ch. 25 (Supply of Materials)
of SOR/2010 at par cost Rs. 5980/-
Do
NOTE:
1. For each SOR Chapter the contractor is to quote the rates in %age above/below/at par both in
words and in figures in the box provided against each item separately.
2. In case there is a difference in value written in words and figures, the value written in words
will be considered.
3. The rates will be inclusive of octroi, sales tax, excise duty and any other tax levied/ livable by
Central/State Govt. Nothing extra will be payable beyond quoted rates.
4. The contract will be governed by Northern Railway Engineering Department General
Condition of Contract,1999 and instructions of tenders including slips issued upto date of
opening.
5. Tender will be considered invalid if any page left unsigned or found missing.
6. The quantities given above are approximate and can be increased/decreased to extent of 25%
as per the requirement of Railway Administration.
Signature of the tenderer(s)
Address with Pincode & Ph No.
-7-
Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
TENDER FORM (FIRST SHEET)
The President of India,
Acting Through Sr. Divl. Engineer,
Northern Railway, Moradabad
1. I/We ____________________________________________________ have read the various conditions
to tender attached here to and hereby agree to abide by the said conditions. I/We also agree to keep
this tender open for acceptance for a period of 90 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. I/We offer to do the work
_________________________________________________________________________________
__________________________________________________________________________________
________________________________________________________________ for Northern Railway
at the rates quoted in the attached schedule and hereby bind myself / ourselves to complete the work in
all respects within (_______ months) from the date of issue of letter of acceptance of tender.
2. I/We also hereby agree to abide by the General Condition of Contract-1999 corrected up to date and
to carry out the work according to the Special Conditions of Contract and specifications for material and
works as laid down by the Railway in the annexed Special Conditions/specifications and the Indian
Railway Works Manual/Indian Railway P.Way Manual/Indian Railway Bridge manual corrected up to
date, Schedule of Rates corrected up to date for the present contract, etc.
3. A sum of Rs.______/- (Rs. ______________ only) as indicated in Tender Notice is herewith
forwarded as Earnest Money. The full value of the Earnest Money shall stand forfeited without
prejudice to any other rights or remedies in case my/our tender is accepted and if: -
I/We do not execute the contract documents within Fifteen days after receipt of the acceptance letter
issued by the Railway that such documents are ready; and
I/We do not commence the work within Fifteen days after receipt of orders to that effect.
I/We resile from my/our offer or modify the terms and conditions there of in a manner not acceptable to
Northern Railway during a period of 90 days from date of the opening of the tender.
I/We do not submit a Performance Guarantee in the form as prescribed in para 5.3 of Special Tender
Conditions & Instructions to Tender/s amounting to 5% (Five percent) of Contract Value as per the
proforma as prescribed by the Railways, before signing of agreement, which should be normally
about 15 days.
4. The amount of Earnest Money in the form of cash lodged with Chief Cashier, Northern Railway,
Moradabad vide Cash Receipt No. _______ Dated _______ or deposited in the form of Pay
Order, Deposit Receipts, Demand Drafts is attached. I/We have clearly noted that the Earnest Money
will be acceptable in the above forms only.
5. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding
contract between us subject to modification, as may be mutually agreed to between us and indicated in
the letter of acceptance of my/our offer for this work.
Signatures of the Tenderer/s
Address of the Tenderer/s
Dated:
Signature of witnesses:
1. __________________________
__________________________
2. _______________________
-8-
Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
ENGINEERING DEPARTMENT
SPECIAL TENDER CONDITIONS AND INSTRUCTIONS TO TENDERER/S
1.0 DETAILS OF WORK:
1.1 Tenders are invited for the work AS ON TOP SHEET.
2.0 TENDER DOCUMENTS
2.1 SUBMISSION OF TENDERS.
2.1.1 The tender documents consist of (a) Tender Notice, (b) Tender form (First sheet) (c) Special Tender
Conditions and Instructions to tenderer/s (d) Special Conditions relating to site data and specifications
(e) Schedule of Items, Rates, and Quantities. These must be submitted as directed in the covering note
failing which the tender is liable to be rejected.
2.1.2 Tender documents can be had from the office of Senior Divisional Engineer, Northern Railway,
Moradabad-244001 on any working day between 10.00 hrs to 15.00 hrs after publication of tender
notice in newspaper by depositing the requisite tender cost. If required by post Rs.500/- extra (non-
refundable) through demand draft in favour of Sr. Divl. Finance Manager, Northern Railway, Moradabad
shall be required to be paid. No tender form will be issued on application received after 12.00 hours on
the same day (date of tender opening). The cost of tender documents is non-refundable and tender
documents are not transferable.
2.1.3 Tender Documents through Internet:
(a) Tender documents are available on Northern Railway web site i.e. www.nr.indianrailways.gov.in
and the same can be downloaded and used as tender document for submitting the offer. This facility
is available free of cost. However the cost of tender documents as indicated above in para 2.1.2 will
have to be deposited by the tenderer in the form of cash receipt/bank draft payable in favour of Sr.
Divl. Finance Manager, Northern Railway, Moradabad along with the tender document. This
should be paid separately & not included in the Earnest Money. In case, tender is not accompanied
with the cost of the tender documents as detailed above, tender will be summarily rejected.
(b) Tenderer/s are free to down load tender at their own risk & cost, for the purpose of perusal as well as
for using the same as tender document for submitting their offer. Master copy of tender document
will be available in the office of Sr. Divisional Engineer/Divisional Engineer, DRM Office, Moradabad.
After award of work, an agreement shall be drawn up. The agreement shall be prepared based on
Master copy and not based on the tender document submitted by tenderer. In case of discrepancy
between tender documents down loaded from internet and master copy, later shall prevail and will
be binding on tenderer/s. No claim on this account will be entertained.
2.1.4 These tender documents must be submitted duly completed in all respects, in a sealed cover
superscripted as tender form for the work As on top sheet" and should be deposited in the Tender Box
in the office of the Senior Divisional Engineer, Northern Railway, ________________ _____ in the
office of DRM, Northern Railway, , Moradabad on or before up to 16.00 hrs. on __________. The
tenders will be opened immediately soon thereafter and rates read out in the presence of such
tenderer/s as is/are present. Tenders, which are received after the time and date specified above, may
not be considered. In case the intended date for opening of tenders is declared holiday, the tenders will
be opened on the next working day at the same time. Special conditions, if any, should be attached
(tied with tag/thread properly) with the tender documents only. No loose document, found in the tender
box, shall be considered, in any case.
2.1.5 Tenders sealed and superscripted as aforesaid can also be sent by registered post addressed to the
Senior Divl. Engineer or DRM/Engg. Northern Railway, Moradabads office on or before up to
16.00 hrs. on _________ but a tender which is received after the time and date specified in Clause
2.1.4 above may not be considered. Any tender delivered or sent otherwise will be at the risk of the
tenderer/s.
-9-
Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
2.2 COMPLETION OF TENDER DOCUMENTS:
The tenderer/s shall quote one uniform percentage rate/s, in figures as well as in words, for all labour
and materials for individual chapter/Group of items of SOR of Group A schedule items and single
%age rates above or below or At Par the estimated cost of all N.S. items grouped together in
Group B and C in the attached Schedule of Rates and Quantities. Every possible fluctuation, in the
rate of labour, material and general commodities and other possibilities of each and every kind which
may effect the rates should be considered and kept in view before quoting the rates and no claim on this
account shall be entertained by the Railway under any circumstances except the price escalation
payable as per price variation clause, if any, provided separately in the tender documents.
2.2.1 The rate/s should be quoted in figures as well as in words. If there is variation between the rates
quoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more than one or
improper rates are tendered for the same item, the tender is liable to be rejected.
2.2.2 In case of single percentage tenders if the tenderer/s quote/s multiple rates, the offer will be treated as
incomplete and shall be summarily rejected.
2.2.3 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s on his/their
behalf who is/are legally authorized to sign for him/them.
2.2.4 Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any
corrections made by the tenderer/s in his/their entries should be in INK and must be attested by
him/them under full signature and date.
2.2.5 Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter with the
tender. The Railway reserves the right not to consider conditional tenders and reject the same without
assigning any reason. Only those additional conditions, which are explicitly accepted by the Railway,
shall form part of the contract. Tender documents should be submitted in sealed cover superscribing
the name of work and date of opening. Special conditions, if any, should be attached (tied with
tag/thread properly) with the tender documents only. No loose document, found in the tender box, shall
be considered, in any case.
2.2.6 Partnership deed, Power of Attorney etc: The tenderer shall clearly specify whether the tender is
submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of
partnership concern, he should submit along with the tender the certified copy of partnership deed and
power of attorney as specified in para 8 of Annexure K-2 of the tender documents. 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. 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. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of
such action, including legal advice will be chargeable to the contractor.
2.3 CREDENTIALS TO BE SUBMITTED ALONGWITH TENDER/S:
2.3.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorily
carried out works of the type involved in the construction of the work being tendered for. He/They
should also produce proof to the satisfaction of the Railway of his/their technical ability and financial
stability to undertake the work of the magnitude tendered for.
2.3.2. No work or supply shall ordinarily be entrusted for execution to a contractor whose capacity and financial
status has not been investigated and found satisfactory.
2.3.3 The tenderer/s shall submit the following documents along with his/their tender
a. A list of personnel, organization available on hand and proposed to be engaged for the subject
work.
b. List of plant and machinery available on hand (own) and proposed to be inducted (own & hired
to be given separately) for the subject work.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
c. List of works completed in the last three financial years giving Description of work, Organization
for whom executed, Approximate value of the contract at the time of award, Date of award and
Date of actual start, Actual completion and Final value of contract should be given.
d. List of works on hand indicating description of work, contract value, and approximate value of
balance work yet to be done and date of award.
Note: (i) In case of items (c) and (d) above, supportive documents / certificates from the organizations
with whom they worked/are working should be enclosed.
(ii) Certificates from the private individuals for whom such works have been executed/being
executed shall not be accepted.
2.3.4 CREDENTIALS TO BE SUBMITTED BY TENDERER/S IN ADDITION TO THAT DETAILED IN PARA
2.3 ABOVE ALONGWITH TENDER DOCUMENTS (APPLICABLE ONLY FOR WORKS COSTING
MORE THAN Rs.50.0 LACS)
In case of open tenders costing above Rs. 50 lakh, the tenderer/s will be required to meet the
following minimum eligibility criteria:-
(a) As a proof of technical experience/competence, the tenderer should have physically completed
successfully at least one similar single work for a minimum value of 35% of advertised tender
value, inclusive of the cost of cement and steel, in last three financial years (i.e. Current year and
three previous years) up to the date of opening of the tender.
(b) As a proof of sufficient financial capacity and organizational resources, tenderer/s should have
received the total payments against satisfactory execution of all completed/ongoing works of all
types (not confined to only similar works) during the last three financial years and in the
current financial year (upto the date of opening of the tender) of a value not less than 150% of the
advertised cost of work including the cost of cement and steel.
(c) The tender committee shall examine the overall financial soundness of the tenderers based upon
volume of work handled turnover, balance sheets etc for all works of tender values costing more
than Rs.1.00 Crore.
The Similar nature of work is defined in tender notice/tender schedule.
(a) When work has been physically completed and final bill is yet to be passed, the value of the work for
judging the eligibility criteria, will be considered as under:-
Cases where measurements have not been recorded or final measurements have been recorded
with negative variation, the value of the work will be taken as amount paid including statutory
deductions.
Cases where measurements have been recorded and the work has been completed with positive
variation but variations have not been sanctioned, the value of the work will be taken as original
contractual value.
(b) In case of composite works involving combination of different works, even separate completed
works of required value should be considered while evaluating the eligibility criteria. For example, in
a tender for bridge works where similar nature of work has been defined as bridge works with pile
foundation and PSC superstructure, a tenderer, who had completed one bridge work with pile
foundation of value at least equal to 35% of tender value and also had completed one bridge work
with PSC superstructure of value at least equal to 35% of tender value, will be considered as having
fulfilled the eligibility criterion of having completed single similar nature of work.
For judging the technical eligibility and financial capability only those works which had been executed for
the Govt. or Semi Govt. organizations shall be considered and the tenderer will submit the certificate to
this effect from the officer concerned duly signed under the official seal. It should be noted that
credentials for the works executed for Private Organizations shall not be considered.
The tenderer/s/contractor shall submit a statement of contractual payment received during the last three
financial years and current year on the prescribed proforma as detailed at Annexure-I. The details
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
shall be based on the certificate issued by the employer and or form 16-A issued by employer i.e.
the certificate of deduction of tax at a source under Section 203 of the Income Tax Act, 1961. The
photocopies of the certificate of payments and or form 16A shall be enclosed duly attested by Notary
public with seal and Notaries stamps thereon.
(i) If a tenderer has completed a work of similar nature where cement and steel was issued by
department free of cost, tenderer must submit the completion certificate indicating cost of these
materials and total cost of work (including cost of cement/steel) shall be considered to decide
eligibility or otherwise-
(ii) Contractor has to satisfy the eligibility criteria for technical capability and competence as well as for
financial capacity and organizational resources.
2.4 CONSTITUTION OF THE FIRM:
2.4.1 The tenderer/s who are constituents of firm, company, association or society must forward attested
copies of the constitution of their concern, partnership deed and power of attorney with their tender.
Tender documents in such cases are to be signed by such persons (as may be legally competent to
sign them on behalf of the firm, company, association or society as the case may be). Co-
operative societies must likewise submit an attested copy of their certificate of registration along with the
documents as above mentioned. The Railway will not be bound by any power of attorney granted by
the tenderer/s or by changes in the composition of the firm made subsequent to the award of the
contract. Para 5 of annexure K-2 specifies the action to be taken in such matters. The cost of such
action, including legal advice will be chargeable to the contractor.
(a) JVs/Consortiums/MOUs will be considered in accordance with Tender Notice/approved
tender conditions. (Annexure K, & K1 of tender document).
(b) If the tenderer is a Partnership Firm, the conditions and the technical and financial eligibility
criteria will be applicable as per guidelines given in Annexure K-2.
2.4.2 (a) If the tenderer expires after the submission of his tender or after the acceptance of his tender,
the railway shall deem such tender/contract as cancelled. In a partnership firm, if a partner of firm
expires after the submission of their tender the Railway shall deem such tender as cancelled unless the
firm retain its character.
(b) If the contractors firm is dissolved on account of death, retirement of any partners or for any
reason whatsoever, before fully completing the whole work or any part of it, undertaken by the principal
agreement the surviving partners shall remain jointly/severally and personally liable to complete the
whole work to the satisfaction of the Railway and to pay compensation for losses sustained, if any by the
Railway due to such dissolution. The amount of such compensation shall be decided by Divl. Railway
Manager or any other competent person on behalf of the Railway and his decision in the matter shall be
final and binding on the contractor.
(c) The cancellation of any document such as power of attorney, partnership deed etc., shall
forthwith be communicated to the Railway in writing, failing which the Railway shall have no
responsibility or liability for any action taken on the strength of the said documents.
(d) The value of contract and the quantities given in the attached schedule of items, rates and
quantities are approximate and are given only as a guide. These are subject to variations/additions and
or omission. The quantum of work to be actually carried out shall not form the bases of any dispute
regarding the rates to be paid and shall not give rise to claim for compensation on account of any
increase or decrease either in the quantity or in the contract value.
2.5 INCOME TAX:
2.5.1 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge as applicable on
Works Contract will be made for sums paid for carrying out the work under this contract. In case of
supply contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sums paid for
labour portion only (i.e., loading, unloading, stacking, measurement and laying etc.)
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
3.0 EARNEST MONEY:
3.1 The tender must be accompanied by a sum of Rs.______/- (Rs. ______ _______ only) based on % age
(shown in Table below) of the Advertised tender cost as indicated in Tender Notice as Earnest Money
in the manner prescribed in Clause 3.2 failing which the tender shall be summarily rejected. The
earnest money shall be rounded to the nearest Rs.10.
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 crore
Rs. 2 lakhs plus % (half percent) of the excess of estimated cost of
work beyond Rs.1 crore subject to a maximum of Rs.1 crore.
Labour co-operative is required to deposit only 50% of the earnest money as referred to in
clause 3.1 above.
The tenderer/s shall keep the offer open for a period of 90 days from the date of opening of the
tender in which period tenderer/s cannot withdraw his/their offer subject to period being extended
further, if required, by mutual agreement from time to time.
It is understood that the tender documents have been sold/issued to the tenderer/s & tenderer/s
is/are being permitted to participate in the tender in consideration of stipulation on his/their part that
after submitting his/their offer he/they will not resile from his/their offer or modify the terms and
conditions thereof in a manner not acceptable to Northern Railway should the tenderer/s fail to
observe to comply with the foregoing stipulation or fail to undertake the contract after acceptance of
his/their tender the entire amount deposited as earnest money for the due performance of the
stipulation and to keep the offer open for the specified period, shall be forfeited to the Railway.
If the tender is accepted, the amount of earnest money will be held as initial security deposit for due
and faithful fulfilment of the contract. The earnest money of unsuccessful tenderer/s will, save as
herein before provided, be returned within a reasonable time, but Railway shall not be responsible for
any loss or depreciation that happen to the earnest money while in Railway possession nor will it be
liable to pay interest thereon.
3.2 The Earnest Money of the requisite amount referred to in Clause 3.1 above is required to be
deposited either in cash with the Chief Cashier, Northern Railway, Moradabad on any working day
before 14.00 Hrs. or in any of the following form: -
(i) The Earnest Money should be in cash or in the form of deposit receipts, pay orders or
demand drafts executed by State Bank of India or any of the Nationalized Banks or by a
Scheduled Bank.
(ii) These must have an endorsement from the authority issuing such DR/Pay Order /DD that
received from M/s/Shri .& pledged in favour of Sr.DFM, Northern Railway,
Moradabad.
(iii) Exemption of Earnest Money & Security Deposit:
Public Sector Undertakings wholly owned by Railways like RITES, IRCON, Konkan
Railway Corporation Limited, CRIS, Rail-Tel Corporation etc. are exempted from
depositing Earnest Money & Security Deposit.
The official cash receipts having a mention of the firm/individual who has deposited the cash or the
Deposit Receipt, Pay Order or Demand Draft as mentioned above, as the case may be, is to be
attached with the tender, failing which, tender will be rejected.
3.2.1 Earnest Money may be accepted in the following forms:
(i) A deposit of cash,
(ii) Government Securities including State Loan Bonds at 5 percent below the market value,
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
(iii) Deposit Receipts, Pay Orders, Demand Drafts either of the State Bank of India or of any of the
Nationalized Banks,
(iv) Deposits Receipts tendered by all Scheduled Banks,
(v) A Deposit in the Post Office Saving Bank,
(vi) A Deposit in the National Savings Certificates,
(vii) Twelve years National Defence Certificates,
(viii) Ten years Defence Deposits,
(ix) National Defence Bonds,
NOTE:-
i. Tenders submitted with Earnest Money in any form other than those specified above
shall not be considered.
ii. Any request for recovery from outstanding bills for earnest money against present
tender will not, under any circumstances, be entertained.
iii. No interest will be payable upon the Earnest Money and Security Deposit or amounts
payable to the contractor under the Contract.
4.0 ACCEPTANCE OF TENDER:
4.1 If the tenderer/s deliberately give/s a wrong information/whose credentials/documents in his/their
tender and thereby creates/create circumstances for the acceptance of his/ their tender, Railway
reserves the right to reject such tender at any stage, besides, shall suspend the business for one
year.
4.2 The authority for acceptance of the tenders rests with C.E/DRM/ADRM/Sr.DEN, Northern Railway as
the case may be, who does not undertake to assign reasons for declining to consider any
particular tender or tenders. He also reserves the right to accept the tender in whole or in part or
to divide the tender amongst more than one tenderer if deemed necessary.
4.3 The successful tenderer/s shall be required to execute an agreement with the President of India
acting through the C.E/DRM/ADRM/ Sr.DEN for carrying out of the work as per agreed conditions.
The cost of stamp, if any, for the agreement will be borne by the Northern Railway.
4.4 The contractors operations and proceedings in connection with the works shall at all times be
conducted during the continuance of contract in accordance with the laws, ordinance, rules and
regulations for the time being in force and the contractor shall further observe and comply with the
bye-laws and regulations of the Government of India, State Govt. and of Municipal & other authorities
having jurisdiction in connection with the works or site and operations such as these are carried out
by the contractor/s and shall give all notice required by such bye-laws and regulations. The Hospital
and medical regulations in force for the time being shall also be complied with by the contractor/s and
his workmen.
4.5 The contractor shall be responsible for the observance of the rules and regulations under the mines
act and mineral rules and Indian Metallurgical rules and regulations of State/Central Govt. concerned
as amended from time to time.
4.6 Contractor shall at all times keep the railway administration indemnified against all penalties that may
be imposed by the Govt. of India or State Govt. for infringements or any of the clauses of the mines
act and rules made there under in respect of quarries from which the ballast for these works is
procured. The tenderer/s shall not increase his/their rate in case the Railway Administration
negotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of
the original offer and rates originally quoted will be binding on the tenderer/s.
The tenderer/s shall submit an analysis of rates if called upon to do so.
Non-compliance with any of the conditions set forth herein is liable to result in the tender being
rejected.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
4.7 Variation in quantity:
4.7.1 The procedure detailed below shall be adopted for dealing with variations in quantities during
execution of works contracts:-
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 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 SA Grade;
(i) Quantities operated in excess of 125% but upto 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 upto 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 associate
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 the 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 Manager.
3. In cases where decrease is involved during execution of contract:
(a) The contract signing 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 than 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, variations in the quantities will be approved by
the authority in whose powers revised value of the agreement lies.
8. For tenders 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 Minister, variations upto 110% of the
original agreement value may be accepted by General Manager.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
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.
5.0 SECURITY DEPOSIT ON ACCEPTANCE OF TENDER:
5.1 The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under:-
a) The security deposit for each work will be 5% of the contract value,
b) The rate of recovery will be at the rate of 10% of the bill amount till the full security
deposit is recovered,
c) Security deposit will be recovered only from the running bills of the contract and no other
mode of collecting security deposit such as security deposit in the form of instruments
like BG, FD etc. shall be accepted towards security deposit.
The total security deposit recoverable from a contractor including the amount of earnest money
deposited with the tender as given in Clause above will not exceed the security amount recoverable
at the rates mentioned above.
The security deposit unless forfeited in whole or in part according to the terms and conditions shall be
returned to the contractor after expiry of the maintenance period and after passing the final bill based
on no claim certificate as certified by the competent authority. The competent authority shall normally
be the authority who is competent to sign this contract. If the competent authority is of the rank lower
than JA grade, then a JA Grade Officer (concerned with the work) should issue the certificate.
The certificate, inter alia, should mention that the work has been completed in all respects and that all
the contractual obligations have been fulfilled by the contractors and that there is no due from the
contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and
unequivocal no claim certificate from the contractor concerned should be obtained.
5.2 (a) After the work is physically completed, Security deposit recovered from the running bills of a
contractor can be returned to him if he so desires, in lieu of FDR/irrevocable Bank Guarantee for
equivalent amount to be submitted by him.
(b) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be
accepted as a mode of obtaining security deposit.
5.3 Performance Guarantee:-
The procedure for obtaining Performance Guarantee outlined below: -
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 upto 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 31
st
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.
5.4 The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms
amounting to 5% of the contract value:
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
(i) A deposit of cash,
(ii) Irrevocable Bank Guarantee,
(iii) Government Securities including State Loan Bonds at 5% below the market value,
(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of
Performance Guarantee could be either of the State Bank of India or of any of the Nationalized
Banks,
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks,
(vi) A Deposit in the Post Office Saving Bank,
(vii) A Deposit in the National Savings Certificates,
(viii) Twelve years National Defence Certificates,
(ix) Ten years Defence Deposits,
(x) National Defence Bonds, and
(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.
(xii) Also, FDR in favour of Sr. DFM/NR/MB (free from any encumbrance) may be accepted.
Note: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization
Advance.
A Performance Guarantee shall be submitted by the successful bidder after the Letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be
initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for
completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such
extended time for completion of work plus 60 days.
The value of PG to be submitted by the contractor will not change for variation upto 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.
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 based on No Claim
Certificate.
Wherever the contract is rescinded, the Security Deposit shall be forfeited and the Performance
Guarantee shall be encashed. 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 a JV or a partnership firm, then 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.
The Engineer shall not make a claim under the Performance Guarantee except for amounts to which
the President of India is entitled under the contract (not withstanding 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 Clauses/Conditions of the Agreement, within 30
days of the services 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.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
6.0 CONDITIONS OF CONTRACT AND SPECIFICATIONS:
6.1 Except where specifically stated otherwise in the tender documents the work is to be carried out in
accordance with (i) Northern Railway General Conditions of Contract Regulations and Instructions for
tenderer/s and standard form of Contract 1999 (ii) Northern Railway Standard Schedule of Rates
1996 and (iii) Northern Railway Standard Specifications for Material and Works 1987 with up to date
correction slips. Copies of all these publications can be obtained from the office of Chief Engineer,
Northern Railway, Baroda House, Moradabad on payment as under: -
i) General Conditions of Contract and regulations and instructions to tenderer/s
standard form of contract 1999
Rs.100/-
ii) Northern Railway Standard Specifications for Material and Works 1987 Rs.70/-
iii) Northern Railway Standard Schedule of Rates 1996 Rs.200/-
Demand for these publications from out station will be considered only if a sum of Rs.50/- towards
postal charges is also sent with the cost of the books by money order.
6.2 The tender documents referred to in clause 2.1.1 above will govern the works done under this contract
in addition to documents referred to in clause 6.1 above. Where there is any conflict between special
tender conditions regarding instructions to tenderer/s, special conditions relating to site data
and specifications and the stipulations contained in the schedule of rates and quantities on the one
hand and the Northern Railway Standard Specifications for Materials and Works 1987 the
General Conditions of Contract, 1999 etc. and the Standard Schedule of Rates of 1996 on the
other hand the former shall prevail.
7.0 STUDY OF DRAWINGS AND LOCAL CONDITIONS:
7.1 The drawings for the works can be seen in the office of the Sr. Divisional Engineer/Northern Railway,
Moradabad. It should be noted by tenderer/s that these drawings are meant for general guidance only
and the Railway may suitably modify them during the execution of the work according to the
circumstances without making the Railways liable for any claims on account of such changes.
7.2 The tenderer/s is/are advised to visit the site of work and investigate actual conditions regarding
nature and conditions of soil, difficulties involved due to inadequate stacking space, due to built up
area around the site, availability of materials water and labour probable sites for labour camps, stores,
godowns, etc. They should also satisfy themselves as to the sources of supply and adequacy for their
respective purpose of different materials referred in the specifications and indicated in the drawings.
The extent of lead and lift involved in the execution of works and any difficulties involved in the
execution of work should also be examined before formulating the rates for complete items of work
described in the schedule.
7.3 Fencing at work site:
Contractor(s) while executing the work of gauge conversion/doubling, yard remodelling etc. shall
provide suitable fencing/barricading to protect/segregate the existing Railway line from any damage
and un-toward incident, as per the directions or plan approved by Engineer-in-charge. The payment
of barricading/fencing shall be paid under the relevant N.S. item as given in the Schedule. No work
will be started till the fencing/barricading is provided and clearance in writing is issued by the
Engineer-in-charge.
Suitable gates/barriers should be installed across the new embankment, preferably adjoining the
manned/unmanned level crossings. The entry for the vehicles should be regulated by an authorized
representative of the Engineer-in-charge during the working hours.
7.4 Safety Gear:
During execution of the work, contractors shall ensure that all safety precautions are taken by their
men to protect themselves and site to prevent any untoward incident. In this regard contractor will
ensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band,
rope; ladders emergency light etc. are available at site before the work is actually started. The above
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
list is only indicative and is not exhaustive and safety item will be arranged as per the requirement.
Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall be
entertained in this regard. Decision of the Engineer-in-charge will be final and binding upon the
contractor. The cost of all the safety gear is deemed to have been included in the rates quoted and
nothing extra is payable under this contract.
8.0 PERIOD OF COMPLETION:
8.1 The entire work is required to be completed in all respects within period as mentioned in tender notice
from the date of issue of the acceptance letter/telegram. Time is the essence of contract. The
contractor/s will be required to maintain speedy and required progress to the satisfactions of the
Engineer to ensure that the work will be completed in all respects within the stipulated period failing
which action may be taken by the Railway Administration in terms of Clause 17 and/or Clause 62 of
the General Conditions of Contract 1999.
8.2 The contractor/s shall arrange to execute the different items of works in close consultation with and
as per directions of the Engineer so that other works being executed in the same area either
departmentally or through another agency such as steel erection, P. Way earthwork in formation, etc.
are also progressed concurrently. It may be noted, however, that any delay in the execution of
departmental works, for whatsoever reason shall not be accepted as an excuse for non-performance
of the contract.
8.3 The contractor/s will be required to give Sr. Divisional Engineer a monthly progress report of the work
done during the month on 4
th
of the following month. He will also give to the Sr. Divisional
Engineer the programme of work to be done in coming month by 25
th
of the preceding month. The
programme will be subject to alteration or modifications at the direction of the Chief
Engineer/DRM/ADRM/Sr.DEN/ADEN, who may discuss such modifications or alterations with the
contractor as considered necessary. Approval of any programme shall not in any way relieve the
contractor from any of his obligations to complete the whole of the work by the prescribed time or
extended time, if any.
8.4 Price Variation Clause:
8.4.1 The rates quoted by 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 fluctuation in
market rates, increase in taxes/ any other levies/- tolls etc. except that payment/recovery for overall
market situation shall be made as per price variation clause given in para below:
8.4.2 No cognizance will be given for any sort of fluctuations in taxes and other market conditions etc. for
any individual item for the purpose of making adjustment in payments. The contact shall, however, be
governed by the general price variation clause as under:
8.4.3 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determined
in the manner prescribed below:
8.4.4 The percentage component of various items in a contract on which variation in prices shall be
admissible shall be:-
Material component = %
Labour component = % [To be specified depending upon the type of the work]
Explosives component = %
Detonators component = %
Fuel component = %
For Fixed component = % (No price variation will be admissible for this)
The above weight age will be applied on the value arrived at after deducting the cost of steel and
cement from the total contract value.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
8.4.5 (A-1) The amount of variation in prices in the several components (labour, material etc) shall be
worked out by the following formulae (except cost of steel and cement supplied by contractor as a
separate NS item):-
(i) L = R x (I-IO) X P
IO 100
(ii) M = R x (W-WO) X Q
WO 100
(iii) U = R x (F-FO) X Z
FO 100
(iv) X = R x (DE-DO) X S
EO 100
(v) N = R x (D-DO) X T
DO 100
L Amount of Price Variation in Labour
M Amount of Price Variation in Materials
U Amount of Price Variation in Fuel
X Amount of price variation in Explosives
N Amount of price variation in Detonators
R Gross value of the work done by the contractor as per on account bill(s) excluding
(i) Cost of materials supplied by Railways at fixed price
(ii) Cement and steel provided by the contractor for which separate PVC formulae is given in
clause no. 8.4.6(A-III) and clause no.8.4.6( A-II).
(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such
payment will be indicated in the contractors offer).
IO = Consumer Price Index Number for Industrial Workers All India as Published in RBI Bulletin
for the base period.
I = Consumer Price Index Number for industrial Workers All India- as published in RBI Bulletin
based on the average price index of the three months of the quarter.
WO = Index Number of wholesale Prices By Groups and sub-groups All commodities as
published in the RBI Bulletin for the base period.
W = Index Number of wholesale Prices BY groups and sub groups All commodities as
published in the RBI Bulletin based on the average price index of the three months of the
quarter.
FO = Index Number of wholesales Prices By Groups and sub-Groups for Fuel, Power, Light and
Lubricants as published in the RBI Bulletin for the base period.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
F = Index Number of wholesale Prices By Group and sub-groups for Fuel, Power, Light and
Lubricants as published in the RBI Bulletin based on the average price index of the three
months of the quarter
EO = Cost of explosives as fixed by DGS & D in the relevant rate contract of the firm from whom
purchases of explosives are made by the contractor for the base period.
E = Cost of explosive as fixed by DGS & D in the relevant rate contract of the firm from whom
purchases of explosives are made by the contractor for the first month of the quarter under
consideration.
DO = Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of detonators are made by the contractor for the base period.
D - Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of detonators are made by the contractor for the first month of the quarter under
consideration.
P = % of labour component
Q = % of material component
Z = % of fuel component
S = % of explosive component
T = % of detonators component
NOTE :-
1. The Price Variation Clause shall be applicable for tenders of value more than Rs fifty lakh
irrespective of the contract completion period and PVC shall not be applicable to the tender of
value less than Rs fifty lakh.
2. Price variation is payable/recoverable during the extended period of contract, provided the Price
Variation Clause was part of the original contract and the extension has been granted on
administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC.
3. No maximum value for the price variation is prescribed.
4. If, in any case, the accepted offer includes
(i) Cost of materials supplied by Railways at fixed price.
(ii) Cement and steel provided by the contractor for which separate PVC formulae is given in
clause no. 8.4.6 A(III) and clause no.8.4.6A(II).
(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such
payment will be indicated in the contractors offer).
Such payments would be excluded from the gross value of the work for purpose of
payment/ recovery of variations.
5. The index number for the base period will be the index number as obtained for the month of
opening of the tender and the quarters will commence from the month following the month of
opening of tender. However, if the rates quoted in negotiated tender are accepted, the base
month for the price variation clause is the month in which negotiations are held.
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
6. The adjustment for variation in prices if required shall be made once every quarter in the on-
account payments, if more than one on-account payment is made to the contractor in a quarter,
the adjustment, if required shall be made in each bill.
7. The price variation should be based on RBIs average price index of the 3 months of the quarter.
8. The demands for escalation of the cost may be allowed on the basis of provisional indices made
available by the Reserve Bank of India. Any adjustment needed to be done based on the finally
published indices is to be made as and when they become available.
9. The weightage would be applied on the value arrived at after deducting the cost of steel and
cement from the total contract value.
10. The price variation implies both increase as well as decrease in input prices and, therefore price
variation during the currency of the contract may result in extra payment or recovery as the case
may be.
Statement showing the percentage of Labour Components, Material Components, Fuel
Components, etc. in various types of works.
(a) Earthwork Contract
Labour component 50%
Fuel component 20%
Other material components 15%
Fixed component 15% *
(b) Ballast and Quarry Products Contracts
Labour component 55%
Fuel component 15%
Other material components 15%
Fixed component 15%*
(c) Tunneling Contracts
Labour component 45%
Fuel component 15%
Explosive component 15%
Detonators component 5%
Other material components 5%
Fixed component 15%*
(d) Track Renewal Works or Works with Contractors Portal Cranes
Labour component 50%
Fuel component 12.5%
Other material components 12.5%
Fixed component 25%*
(e) Other works Contracts
Labour component 30%
Material component 25%
Fuel component 15%
Fixed component 30%*
*Will not be considered for any price variation.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
8.4.6 (A-II) Price Variation in case of Steel supplied by the contractor
This special Price Variation Clause will be applicable only on Iron and Steel supply items of tender schedule
without value addition.
The amount of variation for the component of supply of steel shall be adjusted (paid/recovered) by the following
formulae :-
Ms= Q(Bs-Bso) where
Ms= Amount of price variation in steel payable/recoverable.
Q= Weight of steel in tones supplied by the contractor as per the on account bill for the month under
consideration.
Bs= SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tone) for
the relevant category of steel supplied by the contractor as prevailing on the first day of the month in
which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which
steel was brought to the site by the contractor whichever is lower.
Bso= SAILs ex-works price plus Excise Duty thereof (in rupees per tone) for the relevant category of steel
supplied by the contractor as prevailing on the first day of the month in which the tender was
opened/rate negotiated.
NOTE:
1. Relevant categories of steel for the purpose of operating the above price variation formula based on
SAILs ex-works price plus Excise Duty thereof are as under:-
SN Category of steel supplied in the
Railway work
Category of steel produced by SAIL whose ex-works
price plus Excise Duty thereof would be adopted to
determine price variation.
1 Reinforcement bars and other rounds. TMT 8 mm IS 1786 Fe 415/500
2 All types and sizes of angles. Angle 65x65 x 6 mm IS 2062 E250A SK
3 All types and sizes of plates. PM Plates above 10-20 mm IS 2062 E 250A SK
4 All types and sizes of channels and joints. Channels 200 x 75 mm IS 2062 E250A SK
5 Any other section of steel not covered in
the above categories and excluding HTS.
Average of price for the 3 categories covered under sl.
No. 1, 2,and 3 above.
2. The prevailing ex-works price of steel per tone as on 1
st
of every month for the above categories of
steel as advised by SAIL to Railway Board would be circulated to all the Zonal Railways.
3. Separate items for supply of steel for RCC/PSC work should have been incorporated in the tender
schedule to know the cost of steel actually consumed at any given point of time.
4. Price variation is payable/recoverable during the extended period of contract, provided the Price
Variation Clause was part of the original contract and the extension has been granted on
administrative ground i.e. under Clause 17-A (i), (ii) and (iii) of GCC.
5. No maximum value for the price variation is prescribed.
6. If, in any case, the accepted offer includes
(i) Cost of materials supplied by Railways at fixed price.
(ii) Value of steel, for which PVC is being paid/ recovered under this clause
(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such
payment will be indicated in the contractors offer).
Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of
variations as per clause no. 28.5 A 1.
7. The SAILs Ex-work price plus Excise Duty there of (in Rupees per tone) for the relevant category of steel,
as prevailing on first day of the month in which tender is opened, will be considered. However, if the rates
quoted in negotiated tender are accepted, the base month for PVC will be the month in which negotiations
are held.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
8. The adjustment for variation in prices, if required, shall be made every month in the on-account payments
as per above formula.
9. The Engineer (not below the rank of ADEN) concerned will maintain a register showing receipt of steel
from contractor on site (supported by documentary evidence of purchase) and consumption thereof.
10. The price variation implies both increase as well as decrease in input prices and, therefore price variation
during the currency of the contract may result in extra payment or recovery as the case may be.
11. Steel supplied free or at firm price by Railway, as per contract, if any, will not be considered for calculation
of PVC.
8.4.6(A-III) Price Variation in case of Cement supplied by the contractor
This special Price Variation Clause will be applicable only on Cement supply items of tender schedule
without value addition.
1. The amount of variation for the component of supply of cement shall be adjusted (paid/recovered) by
the following formulae :-
Where
Mc= R x(Wc-Wco)/Wco
Where
Mc= Amount of price variation in material (-Cement).
R= Value of Cement supplied by contractor as per on account bill in the quarter under consideration.
Wco= Index No. of Wholesale price of sub-group (of cement) as published in RBI Bulletin for the base
period.
Wc= Index No. of wholesale price of sub group (of cement) as published in RBI Bulletin for the first
month of the quarter under consideration.
Note:
1. Separate items for supply of cement for RCC/PSC work should have been incorporated in the tender
schedule to know the cost of cement actually consumed at any given point of time.
2. Price variation is payable/recoverable during the extended period of contract, provided the Price Variation
Clause was part of the original contract and the extension has been granted on administrative ground i.e.
under Clause 17-A (i), (ii) and (iii) of GCC.
3. No maximum value for the price variation is prescribed.
4. If, in any case, the accepted offer includes
(i) Cost of materials supplied by Railways at fixed price
(ii) Value of cement, for which PVC is being paid/ recovered under this clause
(iii) Specific payment, if any, to be made to the consultants engaged by the contractors (such
payment will be indicated in the contractors offer).
Such payments would be excluded from the gross value of the work for purpose of payment/ recovery of
variations as per clause no.28.5 A 1.
5. The index number for the base period will be the index number as obtained for the month of opening of
the tender and the quarters will commence from the month following the month of opening of tender.
However, if the rates quoted in negotiated tender are accepted, the base month for the Price Variation
Clause is the month in which negotiations are held.
6. The adjustment for variation in prices, if required, shall be made once every quarter in the on-account
payments, if more than one on-account payment is made to the contractor in a quarter, the adjustment, if
required shall be made in each bill.
7. The price variation would be based on the price index of the first month of the quarter under
consideration.
8. The demands for escalation of the cost may be allowed on the basis of provisional indices made
available by the Reserve Bank of India. Any adjustment needed to be done based on the finally
published indices is to be made as and when they become available.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
9. The price variation implies both increase as well as decrease in input prices and, therefore price variation
during the currency of the contract may result in extra payment or recovery as the case may be.
10. Cement supplied free or at firm price by Railway, as per contract if any, will not be considered for
calculation of PVC.
8.4.7 The demand for escalation of the cost shall be allowed on the basis of provisional indices made
available by the RBI. Any adjustment needed to be done on the finally published indices is to be made
as and when they become available.
The above clause will be valid for the original period of completion as well as extended period of
completion except the extension granted under clause 17 (B) of GCC- 1999. (as amended).
8.5 Interest Rate for Advances extended by Railways:
The extant interest rate for advances extended by Railways to contractors fixed at 18% vide Boards
letter No. 90/CE-I/CT/1, dated 21.05.1997 and advance correction slip issued under Boards letter No.
F(X) II-97/PW/4, dt.5.5.98 has been downwardly revised as 12 %.
The mobilization advance clause henceforth be restricted only to high value tenders of value Rs. 10
Crores and above each.
Imposition of token penalty for delay in the completion of work:
The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for
delay in completion of work. While granting extension to the currency of the contract under clause
17(B) of GCC, Competent authority may also consider levy of token penalty as deemed fit based on
the merit of the case.
9.0 RATES FOR PAYMENT:
9.1 The rates given in the attached schedule of rates tendered by the contractor and as accepted by the
Railways will form the basis of payment for such items under this contract.
9.2 No material price variation or wages escalation on any account whatsoever the Compensation for
`Force Majure' etc. shall be payable under this contract except price escalation payable as per price
escalation clause, applicable for tenders of advertised value more than Rs.1.00 crore as prescribe in
para 8.4 above.
9.3 The rates for any item of work not included in the (Schedule of Items, Rates and Quantities) and which
the contractor may be called upon to do by Railway Administration shall be fixed by the supplementary
written agreement between the contractor and the Railway before the particular item or items of work
is/are executed. In the event of such agreement not being entered into and executed the Railway may
execute these works by making alternative arrangements. Railways will not be responsible for any
loss or damages on this account.
9.3.1 The contractor shall work in close co-operation with the contractors, departmental staff working in the
adjacent sections of railway & local authorities.
9.4 It should be specifically noted by the tenderers that no separate loading, unloading and leading
charges for materials (which are supplied by the Railway) shall be paid for by the Railways and the
rates quoted by the tenderer/s shall be inclusive of all these charges.
9.5 The item nos., description, units and rates given in schedule of rates are as per Northern Railway
Standard Schedule of Rates 1996 & any discrepancy during the execution of the work in the working
rates, quantity and units etc. should be rectified by reference to the printed schedule of rates which be
treated as authority & will be binding on the contractor.
Should there arise any items which may be necessary for the completion of work but which does not
appear in the Schedule of Items, Rates and Quantities attached with tenders, its rate will be fixed
by analysis of actual inputs of all types including labour and material or derived from the labour and
material rates given in the Northern Railway Standard Schedules of Rates 1996. The rates for
such non-scheduled items occurring during the course of construction shall be payable subject to the
approval of the competent authority.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
No items or work requiring non-schedule rates will be carried out unless ordered to do so by
the Engineer. The rates derived from the Northern Railway Standard Schedules of Rates 1996 will
be subject to percentage above or below tendered by the contractor.
9.7 Payment for the work done will be made to the contractor only when the formal agreement has been
executed between the parties.
9.8 SUPPLEMENTARY AGREEMENT:
After the work is completed and taken over by the Railway as per terms and conditions of the contract
agreement or otherwise concluded by the parties with mutual consent and full and final payment is
made by the Railway to the contractor for work done under the contract the parties shall execute the
supplementary agreement annexed here to as Annexure-B.
9.9 Measures to be taken in construction and repairs on roads, embankments, etc.
9.9.1 All borrow pits dug for and in connection with the construction and repairs of buildings, roads,
embankments, etc. shall be deep and connected with each other in the formation of a drain directed
towards the lowest level and properly sloped for discharge into a river, stream, channel or drain and
no person shall create any isolated borrow pit which is likely to cause accumulation of water which
may breed mosquitoes.
9.9.2 Non fulfilment of the provision in 9.9.1 above shall be a breach of the contract and contractor/s shall
be liable to pay by way of agreed liquidated damages to the Railway at the rates of Rs.100/- for each
breach and in addition to that contractor further undertake to pay the amount incurred by the Railway
in getting the said job/s done at the risk and cost of the contractor. Besides this, the contractor will
also be held responsible for any laws for contravening them.
10.0 SETTING OUT WORKS:
10.1 The contractor is to set out the whole of the work in consultation with the engineer or an official to be
deputed by the Engineer and during the progress of works to amend on the requisition of the Engineer
any errors, which may arise there in and provide efficient and sufficient staff and labour thereon. The
contractor shall also alter or amend any errors in the dimensions, lines or levels to the satisfaction of
the Engineer or his authorized representative without claiming any compensation for the same.
10.2 The contractor shall provide, fix and be responsible for maintenance of all stocks, templates, profiles,
land marks, points, burjies, monuments, centre line pillars, reference pillars, etc. and shall take all
necessary precautions to prevent their being removed altered or disturbed and will be responsible for
the consequence of such removal, alterations or disturbance and for their efficient reinstatement.
10.3 The contractor shall protect and support, as may be required or as directed by the Engineer, all
building, fences, walls, towers, drains, road paths, waterways, foreshores banks, bridges, Railway
ground and overhead electric lighting, the telegraphs/ telephones and crossing water service Main
pipes and cables and wires and altogether matters and things of whatever kind not otherwise herein
specified other than those specified or directed to be removed or altered which may be interfered
with or which likely to be affected disturbed or endanger by the execution completion of
maintenance of the works and shall support provided under this clause to such cases as directed by
the Engineer. No payment shall be made by the Railway to the contractor for these works on account
of delay for re-arrangement of road traffic or in the contractor having to carry out the short lengths and
in such places as per conditions and circumstances may warrant. These will not form the basis of any
claim and or dispute for compensation of any kind.
11.0 DRAWINGS FOR WORKS:
11.1 The Railway Administration reserves the right to modify the plans and drawings as referred to in the
special data and specifications as also the estimate and specifications without assigning any reasons
as and when considered necessary by the railway. The percentage rates for the schedule items and
items rates for the non-schedule items quoted by the contractor as may be accepted by the railways
will, however, hold good irrespective of any changes, modifications, alterations, additions, omissions
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
in the locations of structures and detailed drawings, specifications and/or the manner of executing the
work.
11.2 It should be specifically noted that some of the detailed drawings may not have been finalized by the
railway and will, therefore, be supplied to the contractor as and when they are finalized on demand.
No compensation whatsoever on this account shall be payable by the Railway Administration.
11.3 No claim whatsoever will be entertained by the Railway on account of any delay or hold up of the
work/s arising out of delay in approval of drawings, changes, modifications, alterations, additions,
omission and the site layout plans or details drawings and design and or late supply of such material
as are required to be arranged by the Railway or due to any other factor on Railway Accounts.
11.4 If any plan/drawing is attached with tender form, Rs.200/- per plan/drawing will be levied extra.
12.0 SUPPLY OF MATERIALS BY THE RAILWAYS:
12.1 If at any time, material which the contractor/s should normally have to arrange himself/themselves, are
supplied by the Railway either at the contractors request or in order to prevent any avoidable delay in
the execution of work due to the contractor's inability to make adequate timely arrangements for
supply thereof or for any other reason, recovery will be made from the contractors bill either at the
market rate prevailing at the time of supply or at the book rate whichever is greater, plus fixed
departmental charges viz. freight at 5% (8.33% for items of Iron and G.I. pipe steel) incidental
charges at 2% and added on total cost supervision charges at 12
1
/2%. No carriage or incidental
charges will be borne by the Railway. The contractor cannot, however, claim as a matter of right the
issue of such material by the Railway which he/they is/are required to arrange himself/themselves in
accordance with the terms and conditions of this contract.
12.1.1 In case, cement and/or steel is issued to the contractor/s free of cost or on cost to be recovered for
use on the work, the supply thereof shall be made in stages limited to the quantity/ quantities
computed by the Railway according to the prescribed specifications and approved drawings as per the
agreement. The contractor shall return the cement and/or steel issued in excess of the requirements
as above in perfectly good conditions to the Railway immediately after completion or determination of
the contract. If the contractor/s fail/s to return the said stores, then the cost of cement and/or steel
issued in excess of the requirement computed by the Railway according to the specifications and
approved drawing will be recovered from the contractor/s @ twice the prevailing procurement cost at
the time of last issue viz. 2 X (purchase price + 5% freight only). This will be without prejudice to the
right of the Railway to take action against the contractor/s under the conditions of the contract for not
doing/completing the work according to the prescribed specifications and approved drawings. If it is
discovered that the quantity of cement and or steel used is less than the quantity ascertained, as
herein before provided, the cost of the cement and/or steel not so used shall be recovered from the
contractor/s on the basis of the above-stipulated formula.
12.1.2 The contractor shall be responsible for the safe transport custody and storage of all Railway materials
issued to him and he will be liable to make good the loss due to any cause whatsoever that may be
suffered by the Railway on this account. Special precautions should be taken in respect of cement
while transporting cement, steps should be taken to safeguard against cement becoming damp or wet
due to moisture or rain. The contractor will also be responsible for storing cement in damp proof
conditions at site of work at his own cost in accordance with the standard specifications. The
Engineer shall decide whether the cement stored in the godown is fit for the work and his decision
shall be final and binding on the contractor/s.
12.1.3 The contractor should supply a schedule showing the requirements of explosives/materials required to
be supplied to him by the Railway based on detailed plans. The Railway according to this schedule
will arrange the materials unless otherwise modified by the Railway due to additions or alterations in
the approved plans. No claim whatsoever will be entertained by the Railway on account of late supply
of such materials as are required to be arranged by the Railway.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
12.3 SUPPLY OF CEMENT AND STEEL BY THE RAILWAYS
12.3.1 Cement, Mild Steel/H.Y.S.D./Bars/RSJ/MS Plate, etc. to be supplied by the Railway to the extent as
would become a part of the work involved in the tender schedule will be supplied by the Railway free
of cost or on cost recovery basis as the case may be as per relevant clauses of special conditions
relating to site data and specifications at construction store godown at __________. The contractor
will be required to lead the same to the site of work at his own cost subject to payment at the rate as
quoted against relevant item of N.S. Items in the Schedule of Items, Rates & Quantities.
12.3.2 Cement and steel required for temporary works timbering, shuttering, centering, scaffolding, etc. will
have to be arranged entirely by the contractor at his own cost.
12.3.3 The empty cement bags for the supply of cement by the Railway shall be property of the contractor
and the cost of the same shall be recovered at the rate of Rupees Two per empty cement bag from
the on account bill of the contractor in case the cement is supplied in Jute bags. No recovery on
account of empty cement bags shall be made from the contractor, in case the cement is supplied in
H.D.P.E. bags. The Railway, however, reserves its right to take empty bags as are in good conditions
and in that case no recovery will be made for bags so taken back. These rates will apply for bags
deteriorated, while in use and not found acceptable to the Railway so taken back from the contractor.
13.0 SUPPLY OF MATERIALS BY THE CONTRACTOR/S:
13.1 Materials used in the work by the contractor shall conform to the Northern Railway Standard
Specifications and the relevant I.S.I./I.R.S Specifications, and should be approved by the Engineer
before utilizing them on works.
13.2 It should be clearly understood that the tendered rates include wastage and wash away due to rains,
storms, floods or any other cause whatsoever.
13.3 No loading, unloading, lead, lift, stacking, octroi, sales tax, toll tax, royalty or any other charges will be
paid for the materials, tools and plants and tools arranged and brought by the contractor to the site of
work.
14.0 SUPPLY OF CEMENT & REINFORCEMENT STEEL BY THE CONTRACTOR:
14.1 REINFORCEMENT:
i) Reinforcement will be of TOR steel (cold twisted deformed bars) as decided by the engineer-in-
charge or as per approved drawings and confirming to the latest IS/IRC codes. Payment shall be
made under relevant item of the tender schedule/NR Std. Schedule of rates 1996.
ii) Steel for use in the works shall be procured by the contractor from the main producers or any other
manufacture of repute as approved by Engineer in-charge, or their authorised dealers/authorised
stock yards which should conforms to latest relevant IS specifications.
iii) Test certificates for steel before use, as per latest relevant IS the contractor at his own cost will
furnish specifications from the manufacturer of the laboratories approved by the Engineer in Charge.
iv) Railway will also take samples during the course of work and get the steels tested ascertain its
conformity to the IS specifications at contractors cost before a particular lot is put to use. Frequency
of testing shall be as prescribed by the relevant IS code.
v) Payment for the steel reinforcement shall be made on the basis of standard unit weights per meter to
the extent actually consumed on the work as per approved drawings and nothing extra will be paid
for unauthorised over laps and wastage of steel involved in cutting the bars to their required sizes.
Nothing extra will be payable for overweight steel within the limit of tolerance permitted as per IS-
1786: 1985.
vi) It shall be the responsibility of the contractor to clean the reinforcement bars with dry gunny bags if
they are coated with rust or impurities and nothing extra shall be paid for the same.
vii) The rate for Reinforced Cement Concrete includes straightening and uncoiling of rolls of
reinforcement. No extra payment for straightening and/or uncoiling of reinforcement rolls shall be
payable by the railways.
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
viii) Binding wire of approved quality shall be arranged by the tenderer/s himself/themselves and the
rates quoted for RCC work shall include cost of binding wire and the process of binding etc.
ix) No welding of reinforcement will be permitted except in special circumstances under the written
approval of the Engineer-in-charge. Steel having unit weight per meter not falling within the
tolerances specified in relevant IS code shall not be accepted.
14.2 CEMENT:
i) Cement for use in the works will be procured by the contractor from the BIS approved producers or
their authorised dealers with the prior approval & consent of the engineer-in-charge.
ii) Cement older than 3 months from the date of manufacture as marked on the bags shall not be
accepted. Cement bags preferably in paper bag packing should bear the following markings: -
a) Manufacturers Name
b) Registered Trademark of manufacturer if any
c) Type of cement
d) Weight of each bag in Kg. Or no. of bags/tone
e) Date of manufacture generally marked as week of the year/year of manufacture.
iii) Quality test certificate for cement as per ISI 4031 shall be furnished by the contractor at his own cost
from the manufacturer, before use of cement supplied.
iv) Railway will also take samples during the course of execution of works and get the cement tested
from reputed /approved labs to ascertain its conformity to the relevant IS specification at contractors
cost before a particular lot is put to use. Frequency of testing shall be as prescribed by the relevant
IS code. Following tests inter alia shall be carried out: -
a) Fineness
b) Compressive strength
c) Initial and final setting time
d) Consistency
e) Soundness
v) In case samples tested do not pass the quality tests conducted, the entire batch of cement supplied
shall be rejected and returned to the contractor.
vi) For storage of cement, the contractor shall have to construct a temporary godown of adequate
capacity at his own cost; as per the promises of the relevant IS code. The contractor shall bring the
cement to the site of work only on the written instructions from Gazetted officer in charge of the work.
It shall be obligatory on the part of the contractor to get every consignment/ truck of cement weighed
in the presence of
vii) Inspector in charge or his representative and supplies original copies of weigh slip along with the
consignment. The inspector in charge will verify the quantity of cement brought to the site of work
and return one verified weigh slip to the contractor after the same is stacked inside the cement
godown under his supervision.
viii) The record of cement brought to the site of work, daily consumption, daily opening balance and
closing balance shall be maintained at site jointly by the inspector in-charge of work and contractor
or his authorised representative. For this purpose a set of registers duly reconciled and signed by the
contractor and the inspector in-charge of the work certifying the opening balance, consumption, and
closing balance should be maintained. One register each shall be kept in the custody of inspector in-
charge of the work and contractor or his representative.
ix) The contractor shall be the custodian of cement godown and shall keep the godown under his lock
and key to ensure safe custody of cement. The contractor shall ensure that the cement once brought
to the site and accounted for shall be used at the site only and shall not be taken away from the site
for any other purpose.
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Signature of tenderer
x) Contractor shall make the cement godown available for inspection along with connected record to
the Engineer or his representative as and when required.
xi) Land for construction for the temporary cement godown shall be handed over by the railway on the
written request of the contractor free of any rent if available.
xii) The contractor shall ensure that after completion of the work and/or determination of the contract for
any reason whatsoever, the temporary cement godown shall be dismantled and all dismantled
materials/debris shall be removed and clear site shall be handed over back to Railways. All the
released materials shall be the property of the contractor and the railways for
construction/dismantling etc shall make no payment. The final bill and earnest money/security
deposit shall not be released unless the godown is dismantled and the site is cleared in all respects.
Tolerance requirement for the mass cement:
a) Cement supplied at one time will be taken as forming one batch. The number of bags taken
for sample from each batch shall be as under: -
Batch Size Sample Size
100 to 150 20
151 to 280 32
281 to 500 50
501 to 1200 80
1201 to 3200 125
3201 and above 200
The bags in sample shall be selected at random.
The number of bags in sample showing a minus error greater than 2.0% of the specified net
mass (50 Kg) shall not be more than 5.0% of the bags in sample. Also the minus error in none
of such bags in the sample shall exceed 4.0% of the specified net mass of cement in the bag.
In case the minus errors exceed the percentages herein specified, the entire batch of cement
sample shall be rejected.
b) In case of a wagon/truck load of 10 to 25 tones, the overall tolerance on net is rejected.
(i) The consumption of cement on works shall be assessed on the basis of cement constants per
unit quantity for various items of works as per Northern Railway SOR 1996 or cement
contents per unit quantity as per design in case of design mix of cement concrete of specified
strength. In case of designed mix of concrete of specified strength where the cement is to be
used by weight, where specially ordered in the NS item rate or the tender conditions, a
variation of + 1% (Max.) will be allowed in the consumption of cement on the works.
ii) Stacking of cement in the godown shall be done on a layer of wooden sleepers, so as to avoid
contact of cement bags with the floor or alternatively scrap GI sheets may also be used in
place of sleepers but these must be placed at least 20 cm above the floor. The bags shall be
stacked at least 30 cm clear of the walls to prevent deterioration. The wooden sleepers/scrap
GI sheets shall be arranged by the contractor at his own cost. Cement shall be stored in such
a manner as to permit easy access for proper inspection. Cement should be stacked not more
than ten layers high to prevent bursting of bags in bottom layers and formation of clods. The
stacks of cement bags shall be covered with tarpaulin during monsoons so as to obviate the
possibility of deterioration of cement by moisture in the atmosphere. Cement, which is set or
partially set, is on no account to be used.
iii) The cement brought to the site godown in excess of the requirement calculated based on the
cement factors shall be taken back by the contractor on completion of the work after written
approval of the ADEN/DEN on proper documents.
iv) Payment as per relevant NS items will be made on the basis of quantity of cement actually
consumed or the quantity calculated as per the cement factors for various items, whichever is
less subject to recovery as per clause below: Cement actually consumed on works shall
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
normally match the quantity calculated as per the cement factors for various items. If it is
discovered that the cement actually consumed at site is less than the quantity ascertained
taking into consideration the cement factors for various items by more than 1 %, the cost of
the cement not so used (i.e. difference between the quantity of cement calculated as per
cement factors and cement actually consumed) shall be recovered at double the quoted rate
from the contractor. Empty cement bags will be the property of the contractor.
15.0 SERVICE ROADS:
15.1 The contractor/s shall make his/their arrangements for service roads, paths etc. for carrying his/their
tools and plants, labour and materials, etc. and will also allow the Railway use of such paths and
service roads, etc. for plying its own vehicles free of cost. The tenderer/s will be deemed to have
included the cost of making any service roads, roads or paths, etc., that may be required by him/them
for plying his/their vehicles for the carriage of his/their men and materials, tools, plants and machinery
for successful completion of the work. Similarly, any other feeder road connecting any of the existing
roads will be made by the contractor at his/their own cost including any compensation that may be
required to be paid for the temporary occupation and or usage of Govt. and or private land and without
in any way involving the Railway in any dispute for damage and/or compensation.
15.2 In case the Railway has its own paths, service roads, the contractor/s will be allowed to use of such
paths or service roads free of cost. He/They shall, however, in no way involve the Railway in any
claims or dispute of whatever kind due to the inaccessibility of such paths or service roads or due to
their poor condition and or maintenance or their being to be blocked and/or closed.
15.3 The rates quoted by the contractor as per Schedule of Items, Rates and Quantities shall form the
basis of on account payment' or the various items under this contract.
15.4 In the course of execution of various items of work under schedule of Items, Rates and Quantities
running bills payment for partly completed works will be made to the contractor. The quantum of such
work for payment shall be decided by the Engineer-in-charge whose decision shall be final and
binding on the contractor.
15.5 No `on account payment' by the Railway shall protect the contractor/s against or prevent the Railway
from recovering from the contractor/s any over payment made to him/them.
15.6 Final payment of the balance amount due, exclusive of the security deposit required in terms of
Clause-5 of these special conditions, will be made after the completion of the entire work and on the
certification of the Engineer that work has been completed in all respects and found satisfactory. The
security deposit will be refunded after the date of completion according to Clause 5.1 of these
conditions.
16.0 EMERGENCY WORK:
16.1 In the event of any accident or failure occurring in or about the work arising out of or in connection with
the construction completion or maintenance of the work which in the opinion of the Engineer require
immediate attention, the Railway may be with its own workmen or other agency execute or partly
execute the necessary work or carry out repairs if the Engineer considers that the contractor is not in
a position to do so in time and charge the cost thereof, as to be determined by the Engineer- in charge
or his representative to the contractor.
16.2 In terms of clause 32 of GCC of May 1999, the material and plants brought by the contractor on the
site or land occupied by the contractor in connection with the works and intended to be used for
execution thereof shall immediately, after they are brought upon the sites of this said land be deemed
to be the property of the Railway, vehicles, equipments, plant and machinery of the contractor can be
drafted by the Railway Administration at their discretion in case of accidents, natural calamities
involving human lives, breaches, stoppage of train operations or any contingencies which require such
requisitioning as essential. The decision in this regard of the Engineer-in-charge or his superiors i.e.
Divisional Engineer/Sr. Divl. Engineer etc. shall be final and beyond the ambit of arbitration clause.
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
16.3 In terms of clause 2.3.2(A) (iv), tenderer is required to submit the list of equipment, machinery,
construction tools and plants available /deployed at site. The successful tenderer on receipt of
acceptance letter and conveying their consent shall submit name, addresses, telephone numbers,
Fax number/E Mail address of the persons to be contacted for requisitioning the above items as
detailed in forgoing clause 15.2 and notify from time to time if any change in the list of
equipments/machinery or the addresses/ individuals to the Engineer-in-charge in writing. The name
and address, telephone numbers and the contractor officials name shall also be displayed at the site
of work.
16.4 The manpower, consumable items and maintenance of the above tools and plants when requisitioned
shall be the responsibility of the tenderer/contractor so that the equipments, machinery, tools and
plants shall be available for effective utilization at the accident sites, natural calamities, breaches sites
etc.
16.5 The hire charges per annum shall be calculated at the following rates on the purchase cost of the
plant as under:
(i) Depreciation charges at the following rates
a) Light plant 16% per annum
b) Heavy plant 10% per annum
c) Special plant 6% per annum
(ii) In additional 10% on the total of (i) above to meet contingencies
(iii) 10% contractor profit on total cost as detailed (i) to (ii)
(iv) The hire charges per day shall be arrived at dividing the annual hire charges of total of (i) to
(iii) above by 365, which shall be the assumed number of working days in year for this
purpose. These hire charges will be payable from the date the plant is handed over to the
railway to date on which it is returned to the contractor by Railway.
(v) The contractor manpower charge shall be payable @ minimum wages as notified by the State
Govt. /local bodies /labour Deptt. as the case may be for highly skilled, semi skilled personnel
drafted for operating the plant and machinery.
(vi) The payment for the fuel cost shall be paid on the basis of the actual expenditure incurred by
the contractor for purchase + 10% contractor's profit thereof which will be the payments
towards his miscellaneous expenses too.
17.0 NIGHT WORK:
If the Engineer is satisfied that the work is not likely to be completed in time except by resorting to
night work, he may order without confirming any right on the contractor for claiming any extra payment
for the same.
18.0 DISPOSAL OF SURPLUS EXCAVATED MATERIALS:
18.1 The contractor shall at all time keep the site free from all surplus earth, surplus materials, and all
rubbish which shall arise from the works and should dispose of the surplus excavated
materials as ordered by the Engineer failing which it will be done at the cost of the contractor and
cost will be deducted from his dues.
18.2 The contractor shall within 15 days of completion of entire works remove all unused and surplus
materials tools and plants staging and refuge or other materials produced by his operations and
shall leave the site in a clear and tidy conditions.
19.0 SITE INSPECTION REGISTER:
19.1 A site inspection register will be maintained by the Engineer or his representative in which the
contractor will be bound to sign day to day entries made by the Engineer or his representative. The
contractor is required to take note of the instructions given to him through the site inspection register
and should comply with the same within a reasonable time. The contractor will also arrange to receive
all the letters etc. issued to him at the site of works.
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
19.2 The contractor shall, from time to time (before the surface of any portion or the site is interfered with or
the work thereon begun) take such levels as the Engineer may direct in his presence or any person
authorized by him in writing. Such levels approved and checked by him or such authorized persons
shall be recorded in writing and signed by the contractor and shall form the basis of the
measurements.
20.0 The contractor shall have to make and maintain at his own cost suitable approach road and path,
etc. for proper inspection of the various works. He shall also provide all facilities as required by
the Engineer such as Ladder and other appliances for satisfactory inspection of the works and places
where materials for the work are stored or prepared.
21.0 OPENING UP OF WORK OR MATERIALS FOR INSPECTION OR TEST:
Should the Engineer, or any representative consider it necessary for the purpose of enabling
inspection of tests analysis to be made to verify or ascertain the quality of any part of the works or
of any materials, the contractor shall as and when required by the Engineer or his representatives
open up the work or materials for inspection or test or analysis, pull down or cut into any part of the
work to make such openings, into under or through any part of the works as may be directed
and shall/provide all things facilities which in the opinion of the Engineer or his representative
are necessary and essential for the purpose of inspection or test or analysis of the works or of any
part thereof or the materials, or of workmanship and the contractor shall close up, cover, rebuild and
made good the whole at his own cost, as and when directed by and to the satisfaction of Engineer
provided always that of the work in the opinion of the Engineer is found to his satisfaction and in
accordance with the contract. The excess expenditure in such examination, inspection or test shall,
upon the certificate of the engineer, be borne by the Railways.
22.0 The period of maintenance shall be 6 (six) months from the certified date of completion. In case of
zone work, the maintenance period shall be 3 (three) months. In case of supply of ballast, building
material, other material, earthwork and track work, the maintenance period shall be NIL
23.0 GENERAL:
23.1 The contractor/ contractors shall pay wages to his /their labour as laid down in section 63 to 71 of the
contract labour central rules -1971 in the presence of DEN/AEN or his authorised representative. In
case the contractors labour perform the same of similar kind of work as the main directly employed by
the DEN/AEN the wages rates of work holidays and other condition of services of the workman
employed by DEN/ AEN are the applicable to the contractor's labour also. The contractor/contractor
shall keep and maintained necessary register/ record issued employment cards, service certificate to
the deployed on notice board in accordance with section75-82 of the contract.
23.2 The contractor will be required to give 'NO CLAIM CERTIFICATE' while signing the final bill. This
'NO CLAIM CERTIFICATE' furnished by the contractor constitute special agreement where he admits
and acknowledge that no money is due to him in connection with the particular contract by him thus
after the contractor has given no claim certificate and has final bill has been finalised and paid to him
the contractor cannot ask for any more payment even if post audit records show that he had been paid
less hence after no claim is given, the contractor will not be entitled to ask for arbitration.
23.3 Subject as otherwise provided in this contract all notices to be given on behalf of the President of India
and all other action to be taken or his behalf may be given or taken on his behalf by the Engineer-in
charge or his representative.
23.4 The contractor shall employee the following technical staff during the execution of this work:
One graduate engineer when the cost of the work to be executed is Rs.50 lakhs and above.
One qualified Diploma-holder (Overseer) when the cost of the work to be executed is more than Rs.10
lakhs, but less than Rs.50 lakhs.
Technical staff should be available at the site wherever required by the Engineer-in-charge to take
instructions. In case the contractor fails to employ the technical staff as aforesaid, he shall be liable to
pay a reasonable amount not exceeding a sum of Rs.10000/- (Rupees ten thousand only) for each
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
month of default in case of graduate engineer and Rs.7500/- (Rupees seven thousand five hundred
only) for each month of default in case of diploma holder (Overseer). Persistent failure to engage
suitable technical staff suitable for this type of specialized work will lead to termination of contract.
The decision of the Engineer-in-charge as to the period for which the required technical staff was not
employed by the contractor and as to the reasonableness of the amount to be deducted on this
account shall be final and binding on the contractor.
23.4 The breakage of all clods will be ruthlessly ingested upon should any time /times the contractors be
found to be deviating from this documents, the subordinate of Engineer In charge of work will
immediately after such observation employ departmental labour to get all the clods broken up and will
continue. The arrangements by this specification where as no extra payment will be made for
breakage the clods. The cost of departmental labour 12.50% departmental charge will be
deducted from the contractor/contractors bill. Similar action will also be taken if the contractors
are found depositing earth around which is not cleaned by him or their seems to be constructed the
new bunds, before engagement of department labour on verbal one hours notice will be given to the
representative of the contractor. If the work is not attended by the representative of contractors, no
correspondence will be entertained from the contractor/ contractors in connection with the
departmental labour engaged under circumstances materials in this part and the orders given by the
subordinate of the department will be final conclusive and not amendable to any appeal or revision. All
contractors will be required to nominate their authorised agents for various location of work.
23.5 CONCRETE:
The concrete shall be mixed properly in mechanical mixture and shall be of plastic consistency. The
proper consistence shall be determinedly by the engineer in charge by slump test, which shall be
carried out by the contractor. The contractor shall only be commenced after the engineer in charge
has inspected shuttering pinching reinforcement and passed same vibrator of approved design shall
be used for vibrating the concrete when placed in position. No extra payment for the mechanical
mixture and vibrator will be paid as per chapter 12 of SOR-1996 edition.
The expose surface of RCC work shall be rendered and smooth and true with cement/mortar 1:2
(1cement; 2 sand) the work expose surface include all such exposed surface except top of slope
landing and facing of rises cement will be issued free of cost. Before laying the RCC roof, the entire
top will be made smooth by application the cost of approved cement plaster. No extra payment shall
be made for this item.
23.6 RCC:
i) All RCC work will be in M-15 and M-20 cement concrete conforming to IS: 456 (latest Revision)
and as specified in the drawing and percentage rates quoted for item in chapter No.12 of SOR-
1996 Edition will be applicable for both of these grades. Nothing extra will be paid on this
account.
ii) Arrangements for carrying out slumps and straight tests in the form of cylinders and cabbage will
be made by the contractors as per code &rules 4.4, 4.5.6 and as and when desired by the
Engineer. No. Extra will be paid to the contractor for these cost and also getting than tested in the
approved laboratories including transport and other charges and the contractor will be responsible
to hand over the result to the Engineer.
23.7 MEASUREMENT:
The gross dimension of RCC roof slabs, linters and beams etc. inclusive of bearing of walls
exclusively of thickness of plaster all is measured for purpose of payment. No deduction shall be
made for the value of reinforcement and for all cavity holes for drawings etc. up to 55 C incl. No
payment shall be made for the plaster on the exposed of RCC in case of columns; the measurements
of the height will be from top of floor to top of floor. In case of bottom height is to be reckoned from the
top of the fittings of the floor above.
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Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
23.8 BRICK WORK:
i) All pipe conduits clamps or other fitting shall be fixed in position as the work proceeds chases will
have to cut in the bricks wall for housing the fitting and contractors rate for brickwork shall be
inclusive of the cost of cutting charges. Any charge necessary to be made after the
measurements of the work has been completed at the cost of the Rly. Administration.
ii) No claim for any addition involved in doing masonry work around switch board, telephones boxes
etc. shall be entertained.
iii) In the mortar for walls Badarpur & coarse sand of approved quality shall be used and nothing
extra shall be payable to the contractor on this account.
iv) Nothing extra will be paid for inserting placing reinforcement steel bars in brick masonry for
connecting RCC work columns as shown in the drawings.
23.9 WOOD WORK:
i) The timber shall be of the good approved quality and well seasoned shall have uniform colour and
shall be free of disease, cracks etc.
ii) All works shall be taken in hand by the contractor immediately after the award of the work. The
contractor shall provide all the chowkhats and shutters duly approved in writing at the site of work
by the authorised representative of the Engineer-in-Charge before fixing the same. The
chowkhats or shutters shall not be painted oiled or waged and treated with any other way before
same are approved in writing. The test check of AEN/DEN in woodwork is essential 100%Test
check. In all fitting will be got approved from AEN/DEN before fixing.
23.10 Regarding the supplies of different of building materials successful contractor will be required to
supply each item of material at the different locations in the jurisdiction of each IOW/PWI under
AEN/DEN. In each supply like Yamuna sand, Badarpur red moorum, bricks etc., should be measured
as stack. Truck measurements are not permitted on any account.
23.11 The contractor will erect temporary shelter as per the design. Approved by Rly. This temporary shelter
should be allotted to specific labour. The details particulars of the shelter and the allotment made shall
be made available in the AEN/In-charge on completion of work it shall be the responsibility of the
contractor to demolish these shelter when vacated after completion of work or termination of the
contract.
23.12 PROVISION OF LIGHT SIGNALS ETC:
The contractor/s shall make such provision for lighting the works, materials and plant and provide all
such marks and lights, signals and other appliances as may be necessary or as may be required by
the Engineer or other responsible authorities during the execution completion and maintenance of
the work and shall provide all labour, stores, etc. required for their efficient working and use at any
time of day or night. He/They shall also provide all arrangement of every description of watching and
maintenance required in connection with the foregoing and all other services for protection of any
securing all dangerous places whether to the contractor's workmen or to other persons and or
vehicular traffic until the work is certified by the engineer to have been completed and taken over in
accordance with the contract.
23.13 The contractor/s will provide upon the works to the satisfaction of the Engineer and at such, places as
he may nominate, proper and sufficient life saving, fire fighting and first aid appliances which shall at
all times be available for use.
23.14 LABOUR CAMPS:
Land for setting up a workshop by the contractor or for his labour camp or for any other purpose, shall
have to be arranged by the contractor at his own cost and under his own arrangements. The
contractor, however, will be permitted to make use of the railway land to the extent that can be
made available to him free of cost, by the railway in the vicinity of the site of works. The contractor/s
shall at all times be responsible for any damage or trespass committed by his agent and workmen for
carrying out the work.
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
23.15 The Railway Administration may recommend to the concerned authorities the issue of necessary
transport permits for the work. The contractor shall, however, furnish full justification for the above
facilities, to enable the Railway Administration to address the State Government or other authorities in
this connection. The contractor shall also maintain regular logbook of receipts and issue of the
materials to work, if so required by the Civil Authorities. No claim would, however, be entertained by
the non-issue of any priority permits or owing to any interruption in supply.
23.16 No claim for idle labour and or idle machinery etc. on any account will be entertained. Similarly no
claim shall be entertained for business loss or any such loss.
24.0 Attention is invited to Clause 17(B) of the G.C.C. and Clause 8.1 of tender conditions according to
which time is the essence of the contract.
25.0 SALES TAX/Turn Over/Local Tax, etc.:
Sales Tax including Turn Over Tax on works contract, Octroi, Royalty, Toll Tax, Local Tax,
Duties/Levies as well as Services and any other Tax levied by Central Govt., State Govt. or
Local Bodies, as applicable on the date of quoting the rates and any change therein at a later date,
shall be considered to be included in the rates quoted by tenderer/s in the Tender Schedule. Railways
shall deduct the sales tax/Turn Over Tax or any other Tax from the Contractors bill at the rate as
applicable as per rules framed by concerned Govt./Local bodies from time to time and remit it to
concerned deptt. And shall issue a certificate regarding Tax/Duties/Levies so deducted on demand by
the contractor.
25.1 Implementation of The Building and Other Construction Workers (RECS) Act 1996 and The
Building and Other Construction Workers Welfare Cess Act, 1996 in Railway contracts:
The tenderer for carrying out any construction work in Uttar Pradesh and/or Uttrakhand must get
themselves registered from the Registering Officer under Section-7 of the Building and Other
Construction Workers Act, 1996 and rules made thereto by the Uttar Pradesh and/or Uttrakhand
Government and submit certificate of Registration issued from the Registering Officer of the Uttar
Pradesh and/or Uttrakhand Government (Labour Department). For enactment of this Act, the tenderer
shall be required to pay cess @1% of cost of construction work to be deducted from each bill. Cost of
material shall be outside the purview of cess, when supplied under a separate schedule item.
26.0 The successful tenderer on award of contract will have to furnish contractors Bank Account Number
and Name of the Bank against which all payments in respect of the contract during the currency of
contract shall be made.
26.1 All payments in respect of the contract during the currency of the contract shall be made through
Electronic Clearing System (ECS) / Electronic Funds Transfer (EFT). The successful tenderer on
award of contract must submit ECS/EFT Mandate Form complete in all respects as detailed at
Annexure-J of the tender document. However, if the facility of ECS / EFT is not available at a
particular location the payment shall be made by Cheque. In such case the successful tenderer on
award of contract will have to furnish contractors Bank Account Number and Name of the Bank
against which all payments in respect of the contract during the currency of contract shall be made.
27.0 Damage to the Railway Property:
Contractor(s) executing the works adjacent to the existing Railway track for e.g. doubling, gauge
conversion, yard remodelling etc. will take all care for avoiding any damage to the underground/OH
services such as S&T cables, electric cables/wires, pipelines/sewer lines etc. They must ensure that
the work is started after obtaining clearance in writing from the Engineer-in-charge regarding the route
for signalling/Electrical cables/water supply/ sewer lines etc. However, if any damage occurs during
execution, he will immediately report the same to the Engineer-in-charge and stop the work further till
clearance for restarting the work is given by the Engineer-in-charge. It may be further noted that if it is
proved that damage is occurred due to the negligence on the part of the contractor, the cost of the
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Northern Railway, Moradabad Division
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Signature of tenderer
damage will be recovered from him/them. The decision of Engineer-in-charge will be final and binding
upon the contractor(s).
28.0 Applicable for tender documents downloaded from internet:
28.1 Tenderer/s is free to download tender documents at their own risk and cost, for the purpose of perusal
as well as for using the same as tender document for submitting their offer. Master copy of the tender
document will be available in the office of Sr. Divl. Engineer, Northern Railway
______________________. After award of work, an agreement will be drawn up. The agreement
shall be prepared based on the master copy available in the office of Sr. Divl. Engineer, Northern
Railway/___________, ____ ____ and not based on the tender documents submitted by the
tenderer.
In case of any discrepancy between the tender documents downloaded from internet and the master
copy, later shall prevail and will be binding on the tenderers. No claim on this account will be
entertained.
29.0 PPP will apply only to CPSEs and their subsidiaries (i.e. where PSE owns 51% or above share
holding), but not to a joint venture owned by a PSE and a private sector partner. In case the quoted
price by CPSEs is within 10% of the lowest valid price quoted by the private tenderer, other things
being equal, purchase preference will be granted to the CPSEs at the lowest valid price bid (L-1).
However, in case the quoted price by CPSEs is not within 10% of the lowest valid price bid, such a
price bid may be rejected without any further consideration. A minimum value addition of 20% by the
CPSEs/Subsidiary companies by way of manufacturing and/ or services would be a pre-requisite for
availing of purchase preference.
30.0 The tenderer for carrying out any construction work in __________(name of the State) must get
themselves registered from the Registering Officer under Section-7 of the Building and Other
Construction Workers Act, 1996 and rules made thereto by the _________(name of the State ) Govt
and submit certificate of Registration issued from the Registering Officer of the _________(name of
the State ) Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay cess
@ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the
purview of cess, when supplied under a separate schedule item
Sr. Divisional Engineer/__,
Northern Railway,
Moradabad
Signature of the tenderer/s ________________
Address______________________________
______________________________
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Northern Railway, Moradabad Division
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Signature of tenderer
REVISED MODEL FORM OF BANK GUARANTEE BOND Annexure-A
1. In consideration of the President of India (hereinafter called the Government) having agreed to exempt
.(hereinafter called the said Contractor (s)) from the demand, under the terms and
condition of an Agreement, dated.made betweenand
for(hereinafter called the said Agreement) of security deposit for the due fulfilment
by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a
bank Guarantee for Rs.(Rupees.only),we, ..). (hereinafter
referred to as the bank) (Indicate the name of the bank) at the request of (contractor (s) do
hereby undertake to pay to the Government an amount not exceeding Rs.against any loss or
damage caused to or suffered or would be caused to or suffered by the Government by reason of any
breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement.
2. We, (Indicate the name of the bank).do hereby undertake to pay the amounts due and payable
under this guarantee without any demur, merely on a demand from the Government stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
Government by reason of breach by the said contractor (s) of any of the terms or conditions contained in
the said Agreement or by reason of the contractor (s) failure to perform the said Agreement. Any such
demand made on the bank shall be conclusive as regards the amount due and payable by the Bank
under this guarantee. However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs
3. We undertake to Pay to the Government any money so demanded not withstanding any dispute or
disputes raised by the contractor (s) supplier (s) in any suit or proceeding pending before any court or
Tribunal relating thereto our liability under this present being absolute and unequivocal.
This payment so made by us under this bond shall be a valid discharge of our liability for payment there
under and the contractors (s) / supplier (s) shall have no claim against us for making such payment.
4. We, (Indicate the name of the bank) .further agree, that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance of the said
Agreement and that it shall continue to be enforceable till all the due of the Government under or by virtue
of the said Agreement have been fully paid and its claims satisfied or discharged of till(Office/
Department) Ministry ofcertifies that the terms and conditions of the said
Agreement have been fully and properly carried out by the said contractor (s) and accordingly discharges
this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the
.we shall be discharged from all liability under this guarantee thereafter.
5. We, (Indicate the name of the bank)..further agree with the Government that the
Government shall have the fullest liberty without our consent and without effecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said contractor (s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by Government against the said Contractor (s) and to forbear or enforce
any of the terms and conditions relating to the said agreement and we shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said Contractor (s) or for any
forbearance, act or omission on the part of the Government or any indulgence by the Government to the
said Contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s) /Supplier(s).
7. We, (Indicate the name of the bank)..lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Government in writing.
Dated the .day of200...
For.(Indicate the name of the bank)............
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Signature of tenderer
ANNEXURE-B
SUPPLEMENTARY AGREEMENT
Articles of agreement made this day _______ in the year Two thousand and __________ between the
President of India, acting through the ___________________ Northern Railway Administration having his
office at __________________ herein after called the Railway of the one part and
_____________________________________ of the second part.
Whereas the party hereto of the other part executed an agreement with the party hereto of the first part being
agreement Number _____________dated __________for the performance
_______________________________________________________________________________________
____________________________herein after called the Principal Agreement.
And whereas it was agree by and between the parties hereto that the works would be completed by the party
hereto of the second part on ______________date last extended and whereas the party hereto of the second
part has executed the work to the entire satisfaction of the party hereto of the first part. And whereas the party
hereto of the first part already made payment of the party hereto of the second part diverse sums from time to
time aggregating to Rs._______________ including the final bill bearing voucher No.______________ dated
___________(the receipt of which is hereby acknowledged by the party hereto of the second part in full and
final settlement of all his /its claims under the principal agreement.
And whereas the party hereto of the second part have received further sum of Rs._____________ through the
final bill bearing voucher No.____________ dated ______________(the receipt of which is hereby
acknowledged by the party thereto of the second part) from the party hereto the first part in full and final
settlement of all his/its disputed claims under principal agreement.
Now, it is hereby agreed by and between the parties in the consideration of sums already paid (by the party
hereto of the first part to the party hereto of the second part against all outstanding dues and claims for, all
works done under the aforesaid principal agreement including/excluding the security deposit the party hereto
of the second part have no further dues of claims against the party hereto the first part under the said Principal
Agreement. It is further agreed by and between the parties that the party hereto of the second part has
accepted the said sums mentioned above in full and final satisfaction of all its dues and claims under the said
Principal Agreement.
It is further agreed and understood by and between the parties that in consideration of the payment already
made, under the agreement, the said Principal Agreement shall stand finally discharged and rescinded all the
terms and conditions including the arbitration clause.
It is further agreed and understood by and between the parties that the arbitration clause contained in the said
principal agreement shall cease to have any effect and/or shall be deemed to be non-existent for all purposes.
Signature of the contractor/s for and on behalf of the President of India
Witness
1 _______________________ 2. _______________________
ADDRESS: ______________________
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ANNEXURE-C
P R O F O R M A
D E C L A R A T I O N
I/We hereby solemnly declare that I/We visited the site of the work (as on top sheet) personally and have
made myself/ourselves fully conversant of the conditions therein and particular the following: -
1. Topography of area.
2. Soil strata at site of work.
3. Sources and availability of construction materials.
4. Rates for construction of material, water, electricity including all local taxes, royalties, octroi etc.
5. Availability of local labour (both skilled and unskilled) and relevant labour rates and labour laws.
6. The existing roads and approaches to the site of work and requirements for further service
roads/approaches to be constructed by me/us
7. The availability and rates of private land etc. that shall be required by me/us for various purposes.
8. Climatic conditions and availability of working days.
I/We have quoted my/our rates for various items in the schedule of items, quantities and rates taking
into account all the above factors also.
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Northern Railway, Moradabad Division
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Signature of tenderer
ANNEXURE-D
CONSTITUTION OF THE FIRM
1. Full name of contractor/s constitution
of firm and year of establishment.
2. Registered Head Office,
Address.
3. Branch office in India
4. Address on which correspondence
regarding this tender should be done.
5. Constitution of firm give full details
including name of partners executives/power
of attorney/Holders etc.
6. Particulars of registrations with
Govt./Semi Govt. Organization,
Public sector, undertakings and local
bodies etc.
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Signature of tenderer
ANNEXURE E
Details of Plant and Machinery already available with the firm
SNo Particulars of
equipment
No. of
Unit
Kind &
make
Capacity Date by which
the plant would
be available for
use on this
work
Age &
condition
Work on
which it is
being used.
1 2 3 4 5 6 7 8
ANNEXURE F
LIST OF ENGINEERS/PERSONNEL ALREADY AVAILABLE/ PROPOSED TO BE EMPLOYED
FOR DEPLOYMENT ON THIS WORK:
SNo. Name & Designation Qualification Professional
experience
Organization
with whom
working
Date by which
personnel will be
available for this
work
1 2 3 4 5 6
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Northern Railway, Moradabad Division
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ANNEXURE-G
STATEMENT OF WORKS EXECUTED/COMPLETED BY THE CONTRACTORS DURING LAST
THREE YEARS
SNo. Name and place of
work
Authority /agency for which
work was carried out
Date of award & agreement No. & Date
1 2 3 4
Date of completion
(original /actual)
Agreemental cost
/completion cost.
Principal /Technical
features work in brief
S.No. at which relevant certificate
/documents are attached.
5 6 7 8
ANNEXURE H
Statement of works being executed/in hand by the contractor/s
SNo Name and place of
work
Authority/agency for whom
the work is being carried
out
Date of award &
agreement No. & Date
Date of completion
(Original/ actual)
1 2 3 4 5
Agreemental cost of work /
Completion cost
Principal/ Technical
features work in brief
S.No. at which relevant
certificate/Documents
are attached
Payment taken till
6 7 8 9
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Signature of tenderer
ANNEXURE 'I'
Detail of contractual payment received in last three financial year and current financial year.
SN Name of work Name of
employer
Detail of
payment
For the
financial year
Total contract
amount
received
1 2 3 4 5 6
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ANNEXURE-J
FORM NO.E-5 Appendix-VIII
Electronic Clearing Service (Credit Clearing)
Model Mandate Form
(Investor/customers option to receive payments through Credit Clearing Mechanism)
Name of the scheme and the periodicity of payment
No.
1) Investor/customers name :
2) Particulars of Bank account :
A Name of the Bank :
B Name of the branch :
Address :
Telephone No. :
C 9-Digit code number of the bank and branch
Appearing on the MICR cheque issued by the bank:
D Type of the account (S.B., Current or Cash Credit)
With code (10/11/13)
E Ledger and Ledger folio number :
F Account number (as appearing on the cheque book)
(In lieu of the bank certificate to be obtained as under, please attach a blank cancelled
cheque or photocopy of a cheque or front page of your savings bank pass book
issued by your bank for verification of the above particulars)
3. Date of effect:
I hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user
institution responsible. I have read the option invitation letter and agree to discharge the responsibility
expected of me as a participant under the scheme.
(_____________________)
Signature of the Investor Customer
Date
Certified that the particulars furnished above are correct as per our records
Banks Stamp
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Annexure-K
Guidelines for Joint Venture/Partnership firm for tender costing more than Rs.5.00 Crore.
Following stipulations shall be applicable for joint venture of firms/companies and consortium and (hereinafter
called JV). Joint venture / Consortium between individuals will not be accepted. Maximum No. of parties in the
JV/Consortium should not be more than three.
1. One of the partners who are responsible for executing a major component of the proposed contract shall
be nominated as being in-charge during the execution. He will be called the lead partner and shall be
authorized to incur all liabilities and receive instructions for and on behalf of all partners of the Joint
Venture/Consortium. This authorization shall be evidenced by submitting a power of attorney signed be
legally authorized representative of all the partners of JV/Consortium with further stipulation that it shall
be valid for the entire period of completion / extended period of the work including maintenance period.
2. All partners/constituents of JV/Consortium shall be jointly and severally liable / responsible for the
successful completion of the work as per the terms and conditions of the agreement of the contract
agreement irrespective of their share and role specified in JV agreement.
3. A copy of Joint Venture agreement on non-judicial stamp paper duly attested by Notary Public with seal
and revenue stamp affixed thereon shall be submitted along with the tender. No JV will be accepted
after submission of the tender bid. However, the Joint Venture agreement will be got duly registered
before the Registrar of Firm or any nominated authority under the law of the land before the contract is
awarded.
4. Joint Venture agreement shall include among other thing the joint venture objective, the proposed
management structure, contribution of each constituent, role and responsibility of each partner covering
all aspects of the planning and successful execution of the work, the commitment of the partners to the
joint and several liability for due performance.
5. In addition recourse/sanctions within joint venture in the event of default/ withdrawal of any partner and
arrangement for providing the required indemnities shall be spelt out and shall be binding on each
partner of the joint venture.
6. The arrangement for investment and other resources required for successful execution of work under
joint venture shall be spelt out.
7. The share of profit and loss of each constituent of the Joint Venture shall be clearly spelled out.
8. Tender should be purchased in the name of JV/Consortium, Earnest Money and or Bank Guarantee
shall also be in the name of JV/Consortium.
9. Every partner of JV should have good credentials. Technical and financial capacity of the JV /
Consortium shall be adjudged based on satisfactory fulfilment of all the below mentioned clauses: -
10 (a) Each member of the JV/Consortium must have individually completed at least one construction
work of value more than 1/6
th
value of the tender cost in last three years i.e. assessment year &
three previous financial years upto the date of opening of tender.
(b)At least one of the member of the JV/Consortium must have satisfactory completed at least one
similar single work for minimum value of 35% of advertised tender value, in last three financial
years (i.e. current year & three previous financial years) upto the date of opening of the tender.
(c) Each member of the JV/Consortium should have received the total payment against satisfactory
execution of all completed/ ongoing works of all types (not confined to similar works) during the
last three financial years and in the current financial year (upto the date of opening of the tender)
of a value not less than 50% of the advertised cost of work including the cost of cement and steel.
(d) The arithmetic sum of annual contractual payment received by all members of the
JV/Consortium in last three financial years and current financial year should be more than
150% of the tender cost.
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Northern Railway, Moradabad Division
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Annexure K-1
Annexure to Rly. Board letter No. 2002/CE-I/CT/37 dt.2/9/08.
GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER
1. Separate identity/name shall be given to the Joint Venture firm.
2. Number of members in JV firm shall not be more than three if the work involves only one department
(say Civil or S&T or Electrical) and shall not be more than five if the work involves more than one
department.
3. A member of JV firm shall not be permitted to participate to either in individual capacity or as a
member of another JV firm in the same tender.
4. The tender form shall be purchased and submitted only in the name of the JV firm and not in the name
of any constituent member.
5. Normally EMD shall be submitted only in the name of the JV and not in the name of constituent
member. However, in exceptional cases EMD in the name of lead partner can be accepted subject to
submission of specific request letter from lead partner stating the reasons for not submitting the EMD
in the name of JV and giving written confirmation from the JV partners to the effect that the EMD
submitted by the lead partner may be deemed as EMD submitted by JV firm.
6. One of the members of the JV firm shall be the lead member of the JV firm who shall have a majority
(at least 51%) share of interest in the JV firm. The other members shall have a share of not less than
20% each in case of JV firms with upto three members and not less than 10% each in case of JV firms
with more than three members. In case of JV firm with foreign member(s), the lead member has to be
an Indian firm with a minimum share of 51%.
7. A copy of Memorandum of Understanding (MOU) executed by the JV members shall be submitted by
the JV firm along with the tender. The complete details of the members of the JV firm, their share and
responsibility in the JV firm etc. particularly with reference to financial technical and other obligations
shall be furnished in the MOU. (The MOU format for this purpose shall be finalized by the railway in
consultation with their law branch and shall be enclosed along with the tender.)
8. Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of
the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money
Deposit (EMD) shall be forfeited. In case of successful tenderer, the validity of this MOU shall be
extended till the currency of the contract expires.
9. Approval for change of constitution of JV firm shall be at the sole discretion of the Employer
(Railways). The constitution of the JV firm shall not be allowed to be modified after submission of the
tender bid by the JV firm except when modification becomes inevitable due to succession laws etc.
and in any case the minimum eligibility criteria should not get vitiated. In any case the Lead Member
should continue to be the Lead Member of the JV firm. Failure to observe this requirement would
render the offer invalid.
10. Similarly, after the contract is awarded, the constitution of JV firm shall not be allowed to be altered
during the currency of contract except when modification become inevitable due to succession laws
etc and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this
stipulation shall be deemed to be breach of contract with all consequential penal action as per contract
conditions.
11. On award of contract to a JV firm, a single Performance Guarantee shall be required to be submitted
by the JV firm as per tender conditions. All the Guarantees like Performance Guarantee, Bank
Guarantee for Mobilization advance, machinery Advance etc. shall be accepted only in the name of
the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted.
12. On issue of LOA, an agreement among the members of the JV firm (to whom the work has been
awarded) has to be executed and got registered before the Registrar of the Companies under
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Northern Railway, Moradabad Division
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Signature of tenderer
Companies Act or before the Registrar/Sub-Registrar under the Registration Act, 1908. This
agreement shall be submitted by the JV firm to the Railways before signing the contract agreement for
the work. (This agreement format should invariably be part of the tender condition). In case the
tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be
forfeited and other penal actions due shall be taken against partners of the JV and the JV. This joint
venture agreement shall have, inter-alia, following clauses:
12.1 Joint and several liability- The members of the JV firm to which the contract is awarded, shall be
jointly and severally liable to the Employer (Railways) for execution of the project in accordance with
General and Special conditions of the contract. The JV members shall also be liable jointly and
severally for the loss, damages caused to the Railways during the course of execution of the contract
or due to non-execution of the contract or part thereof.
12.2 Duration of the Joint Venture Agreement It shall be valid during the entire currency of the contract
including the period of extension if any and the maintenance period after the work is completed.
12.3 Governing Laws The Joint Venture Agreement shall in all respect be governed by and interpreted in
accordance with Indian Laws.
13. Authorized Member Joint Venture members shall authorize one of the members on behalf of the
Joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the
said tender, to receive payment, to witness joint measurement of work done, to sign measurement
books and similar such action in respect of the said tender/contract. All notices/correspondence with
respect to the contract would be sent only to this authorized member of the JV firm.
14. No member of Joint Venture firm shall have the right to assign or transfer the interest right or liability in
the contract without the written consent of the other members and that of the employer (Railways) in
respect of the said tender/contract.
15. Documents to be enclosed by the JV firm along with the tender:
15.1 In case one or more of the members of the JV firm is/are partnership firm(s), following documents
shall be submitted:
(a) Notary certified copy of the Partnership Deed,
(b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of
appropriate value (in Original).
(c) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to
sign the MOU and JV Agreement on behalf of the partners and create liability against the firm.
In case one or more members is/are Proprietary Firm or HUF, the following documents shall be
enclosed.
15.2 Affidavit on Stamp Paper of appropriate value declaring that this Concern is a Proprietary Concern
and he is sole proprietor of the Concern OR he is in position of KARTA of Hindu Undivided Family
and he has the authority, power and consent given by other partners to act on behalf of HUF.
15.3 In case one or more members is/are limited companies, the following documents shall be submitted:
(a) Notary certified copy of resolutions of the Directors of the Company, permitting the company
to enter into a JV agreement, authorizing MD or one of the Directors or Managers of the
Company to sign MOU, JV agreement, such other documents required to be signed on behalf
of the Company and enter into liability against the company and/or do any other act on behalf
of the company.
(b) Copy of Memorandum and articles of Association of the Company.
(c) Power of Attorney (duly registered as per prevailing law) by the company authorizing the
person to do/act mentioned in the para (a) above.
15.4 All the members of JV shall certify that they have not been black listed or debarred by Railways or any
other Ministry/Department of the Govt. of Indian/State Govt. from participation in tenders/Contract in
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Northern Railway, Moradabad Division
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Signature of tenderer
the past either in their individual capacity or the JV firm or partnership firm in which they were
members/partners.
16. Credential & qualifying criteria:
Technical and financial eligibility of the JV firm shall be adjudged based on satisfactory fulfillment of
the following criteria:
16.1 Technical eligibility criteria:
Either the JV firm or any one of the members of the JV firm must have satisfactorily completed in the
last three previous financial years and the current financial year up to the date of opening of the
tender, one similar single work for a minimum value of 35% of advertised tender value.
OR
In case of composite works (e.g. works involving more than one distinct component such as Civil
Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges,
substructure and superstructure etc.), at least 35% of the value of each such component of similar
nature should have been satisfactorily completed by the JV firm or any one of the members of the JV
firm in the previous three financial years and the current financial year upto the date of opening of
tender. In such cases, what constitutes a component in a composite work shall be clearly defined as
part of the tender condition without any ambiguity.
NOTE:
Value of a completed work done by a member in an earlier partnership firm or a JV firm shall be
reckoned only to the extent of the concerned members share in that partnership firm/JV firm
for the purpose of satisfying his compliance of the above mentioned technical eligibility criteria
in the tender under consideration.
16.2 Financial eligibility criteria:
The contractual payments received by the JV firm or the arithmetic sum of contractual payments
received by all the members of JV firm in the previous three financial years and the current financial
year up to the date of opening of tender shall be at least 150% of the estimated value of the work as
mentioned in the tender.
NOTE:
Contractual payment received by a Member in an earlier JV firm shall be reckoned only to the extent
of the concerned members share in that JV firm for the purpose of satisfying compliance of the above
mentioned financial eligibility criteria in tender under consideration.
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Northern Railway, Moradabad Division
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Signature of tenderer
Annexure K-2
Guidelines for submitting tenders by Partnership Firms and their Eligibility Criteria
1. The Partnership Firms participating in the tender should be legally valid under the provisions of Indian
Partnership Act.
2. Partnership Firms are eligible to quote tenders of any value.
3. The partnership firm should have been in existence or should have been formed prior to submission of tender.
Partnership firm should have either been registered with the competent registrar or the partnership deed
should have been notarized prior to date of tender opening, as per Indian partnership Act.
4. Separate identity/name should be given to the partnership firm. The partnership firm should have PAN/TAN
number in its own name and PAN/TAN number in the name of any of the constituent partners shall not be
considered. The valid constituents of the firm shall be called partners.
5. Once the tender has been submitted, the constitution of firm shall not be allowed to be
modified/altered/terminated during the validity of the tender as well as the currency of the contract except
when modification becomes inevitable due to succession laws etc, in which case prior permission should be
taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The reconstitution of
firm in such cases should be followed by a notary certified Supplementary Deed. The approval for change of
constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have
no claims what so ever. Any change in the constitution of Partnership Firm after opening of tender shall be
with the consent of all partners and with the signatures of all partners as that in the Partnership deed. Failure
to observe this requirement shall render the offer invalid and full EMD shall be forfeited. If any partner/s
withdraw from the firm after opening of the tender and before the award of the tender, the offer shall be
rejected. If any new partner joins the firm after opening of tender but prior to award of contract, his/her
credentials shall not qualify for consideration towards eligibility criteria either individually or in proportion to this
share in the previous firm. In case the tenderer fails to inform Railway beforehand about any such
changes/modification in the constitution which is inevitable due to succession laws etc. and the contract is
awarded to such firm, then it will be considered a breach of contract conditions, liable for determination of
contract under Clause 62 of General Condition of Contract.
6. A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any
other firm in the same tender.
7. The tender form shall be purchased and submitted only in the name of partnership firm and not in the name of
any constituent partner. The EMD shall be submitted only in the name of partnership firm. The EMD submitted
in the name of any individual partner or in the name of authorized partner(s) shall not be considered.
8. One or more of the partners of the firm or any other person(s) shall be designated as the authorized person(s)
on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through a Power of
Attorney, specifically authorizing him/them to submit & sign the tender, sign the agreement, receive payment,
witness measurements, sign measurement books, make correspondences, compromise, settle, relinquish any
claim(s) preferred by the firm, sign No Claim Certificate , refer all or any dispute to arbitration and to take
similar such action in respect of the said tender/contract. Such Power of Attorney should be
notarized/registered and submitted alongwith tender.
9. A notary certified copy of registered or notarized partnership deed shall be submitted along with the tender.
10. On award of the contract to the partnership firm, a single performance guarantee shall be submitted by the firm
as per tender conditions. All the guarantee like Performance guarantee, guarantee for Mobilization advance,
Plant and Machineries advance shall be submitted only in the name of the partnership firm and no splitting of
guarantees among the partners shall be acceptable.
11. On issue of LOA, contract agreement with partnership firm shall be executed in the name of the firm only and
not in the name of any individual partner.
12. In case, the contract is awarded to a partnership firm, the following undertakings shall be furnished by all the
partners through a notarized affidavit, before signing of contract agreement:-
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
a) Joint and several liabilities The partners of the firm to which the contract is awarded, shall be jointly and
severally liable to the Railway for execution of the contract in accordance with general and special conditions
of the contract. The partners shall also be liable jointly and severally for the loss, damages caused to the
Railway during the course of execution of the contract or due to non-execution of the contract or part thereof.
b) Duration of the partnership deed and partnership firm agreement The partnership deed/partnership firm
agreement shall normally not be modified, altered, terminated during the currency of contract and the
maintenance period after the work is completed as contemplated in the conditions of the contract. Any change
carried out by partners in the constitution of the firm without permission of Railway, shall constitute a breach of
contract liable for determination of contract under clause 62 of General Conditions of Contract.
c) Governing Laws The partnership firm agreement shall in all respect be governed by and interpreted in
accordance with the Indian laws.
d) No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract
without the written consent of the other partner and that of the Railway in respect of the tender/contract.
13. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership concern. The following
documents shall be submitted by the partnership firm, with the tender-
a) A copy of registered/notarized partnership deed duly authenticated by notary.
b) Power of Attorney duly stamped and authenticated by a Notary Public or by a Magistrate from all partners of
the firm in favour of one or more of the partner(s) or any other person(s) as detailed in para (8) above.
c) An undertaking by all the partners of the partnership firm shall be given that they have not been black listed or
debarred by Railways or any other Ministry/Department of the Govt of India/any State Govt from participation
in tenders/contract on the date of opening of bids either in their individual capacity or in any firm in which they
were/are partners. Concealment/wrong information in regard to above shall make the contract liable for
determination under clause 62 of General Conditions of Contract-1999.
14. Evaluation of eligibility of a partnership firm.
Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the following
conditions:
i) Technical eligibility criteria The tenderer should satisfy either of the following criteria:-
a) The partnership firm shall satisfy the full requirement of technical eligibility criteria (defined in para 2.3.4 (a) of
special tender conditions and instructions for tenderers) in its own name and style;
OR
b) In case the partnership firm does not fulfill the technical eligibility criteria in its own name and style, but one of
its partners has executed a work in the past either as a sole proprietor of a firm or as a partner in a different
partnership firm, then such partner of the firm shall satisfy the technical eligibility criteria (defined in para
2.3.4 (a) of special tender conditions and instructions for tenderers) on the basis of his/her proportionate
share in that proprietorship/partnership firm reduced further by his/her percentage share in the tendering firm.
ii) Financial eligibility criteria The tenderer shall satisfy either of the following criteria:-
a) The partnership firm shall satisfy the full requirements of the financial eligibility criteria (as defined in
para 2.3.4 (b) of special tender conditions and instructions for tenderers) in its own name and style.
OR
b) In case the partnership firm does not fulfill the financial eligibility criteria in its own name and style,
but one or more of its partners have executed a work/contract in the past either as sole proprietor or as
partner in different firms, then the arithmetic sum of the contractual payments received by all the partners of
the tendering firm, derived on the basis of their respective proportionate share in the such firms reduced
further by their respective percentage share in the tendering firm, shall satisfy the full requirements of the
financial eligibility criteria (as defined in para 2.3.4 (b) of special tender conditions and instructions for
tenderers).
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Northern Railway, Moradabad Division
Tender documents downloaded through Website : www.nr.indianrailways.gov.in
Signature of tenderer
Example on Evaluation of Technical & Financial Eligibility of Partnership Firm
A tendering partnership firm ABCD has four constituent partners namely A, B, C & D with their
respective shares as 40%, 30%, 20% & 10%, but this firm has not executed any work in its own name and
style. However, the constituent partners have executed the work in earlier partnership firm(s) or as sole
proprietor as under:-
(i) Partnership firm ABZ having three partners namely A, B & Z with respective shares of 10%, 20% &
70%, has executed a work of value Rs.10.00 crores earlier.
(ii) Partnership firm CYX having three partners namely C, Y & X with respective shares of 50%, 30%, &
20%, has executed a work of value Rs.5.00 crores earlier.
(iii) Sole proprietorship firm P having D as sole proprietor has executed a work of value Rs.2.0 Crores earlier.
The evaluation of technical and financial eligibility of tendering firm ABCD shall be done by taking
proportionate share of credentials of partners A, B, C and D derived from their earlier partnership firms to be
reduced further by their percentage share in the tendering firm as calculated in table below :-
1 2 3 4 5
Partners Credentials of A &
B derived from firm
ABZ which has
executed work of
Rs.10.0 cr.
Credentials of C
derived from firm
CYX firm which
has executed work
of Rs.5.0 cr.
Credentials of D
derived from
Proprietorship firm
P which has
executed work of
Rs.2.0 cr.
Contribution of A, B
,C & D to
credentials of tendering
firm ABCD
%
share in
firm
ABZ
Proportionate
Credentials
% share
in firm
CYX
Proportion
ate
Credentials
%
share
in firm
P
Proportionate
Credentials
% share
in
ABCD
Proportionate
Contribution
to ABCD
A 10% 10% of 10Cr. =
1.0 Cr.
- - - - 40% 40% of 1 Cr
=0.4Cr
B 20% 20% of 10Cr. =
2.0 Cr.
- - - - 30% 30% of 2 Cr.
= 0.6 Cr
C - - 50% 50% of 5
Cr= 2.5Cr
- - 20% 20% of
2.5Cr.
=0.5Cr.
D - - - - 100% 100% of 2Cr=
2.0Cr
10% 10% of 2Cr.
= 0.20Cr
Evaluation of Technical Eligibility :-
Any one of the partners of ABCD tendering firm viz A, B, C or D should satisfy the technical eligibility criterion
on the basis of his/her proportionate share of credential in the earlier partnership firm reduced further by his
percentage share in the tendering firm. As calculated in above table, the contribution of partners A, B, C & D
towards the credentials of tendering firm ABCD will be taken as Rs. 0.40 cr., Rs. 0.60 cr., Rs. 0.50 cr., 0.20
cr respectively. Thus, in this example the firm ABCD is deemed to have executed one single work of
maximum value of Rs 0.60 Cr. for the purpose of technical eligibility criteria.
Evaluation of Financial Eligibility :-
The arithmetic sum of the contribution of all the partners of tendering firm ABCD derived on the basis of their
respective proportionate share in the earlier partnership firms reduced further by their respective percentage share
in the tendering firm, in this example will be taken as Rs.1.70 Cr. (i.e. A+B+C+D = 0.40+0.60+0.50+0.20 = 1.70
cr.). Thus, in this example, the firm ABCD is deemed to have received contractual payments of Rs 1.70 Cr. for
the purpose of financial eligibility criteria.
END OF THE TENDER DOCUMENTS

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