Professional Documents
Culture Documents
PACKET-1
NORTHERN RAILWAY
(TOP SHEET)
Full name of work Deep screening of all types of Track over entire width of
ballast profile including track on turnout, in cutting, on high
bank/bridges, track circuited area, track with
PSC/CST/Steel/Wooden sleepers with 90R/52 kg/ 60 kg or
any other rails by mechanized means along with mechanised
tamping and stabilization of track using a complex of track
machines consisting of Ballast cleaning machine, tamper and
stabilizer using contractor’s own machines along with his own
spares, consumables including fuel, staff etc. for operation
and maintenance of the machines and other operations for
carrying out the work of deep screening, tamping and
stabilised in block during day or night as required at site,
including all leads, ascend/descend, crossing of drains/tracks
as required for the work.
Approx. cost Rs. 51.3 CRORES
Earnest money amount Rs. 2715200 (Rupees Twenty seven lakhs, fifteen thousands
and two hundred only)
Sale/availability Tender documents will be available on IREPS web site i.e.
of tender www.ireps.gov.in from 12.02.2019 to 15.03.2019 upto 15.00
document on Rly. Website hrs.
Signature Not
Verified
Digitally signed by
ANIL KUMAR
Date: 2019.02.12
13:09:01 IST
Reason: IREPS-CRIS
Location: New Delhi Page 1 of 103
DyCETMCL-MDS-11-18-19
4 PAN No.
Note: i) It is mandatory to fill up the above proforma, in the absence of which the offer
shall be treated as incomplete and will be summarily rejected.
Name of signatory___________________.
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(C) Check List of documents to be uploaded by the tenderer(s) while submitting their
offer. (TWO PACKET)
Tenderer must upload following documents without fail along with their offer and these
documents should accompany Packet I (Technical cum Commercial Bid).
Note
i) Tenderer may please note that offers received without requisite Annexure-H, N & V as
mentioned above, will be considered as incomplete & invalid tender and for which
contractor shall have no claim on Railway.
(iii) Tenderer may have to submit the original Documents in physical form at short notice
whenever asked by Railway at any stage of tender evaluation process or even after
finalization of tender.
(iv) In E-tender, all submissions of documents are to be uploaded on web-site. There may be
last minute hic-cups and delay in uploading the Documents and payment of Earnest
Money etc. Tenderer‟s/Prospective bidders are advised to upload their offer well in time.
Railway will not be responsible for any delay/non submission of offer due to any reason
whatsoever
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DyCETMCL-MDS-11-18-19
NORTHERN RAILWAY
TENDER NOTICE
The Principal Chief Engineer / Northern Railway, for and on behalf of the President of
India invites open e-tender under Two-Packet system for the following work
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BID CAPACITY: Bidders who meet the minimum qualification criteria will be qualified
only if their available bid capacity is more than the updated estimated value. The
available Bid Capacity will be calculated as detailed in tender document.
Submission of Tender Documents & Opening- The tenders may be uploaded up to date
15.03.2019 D2 along with scanned copy of all the requisite document (as per Annexure
1& 2).
· Technical cum Commercial Bids will be opened on Date 15.03.2019 D2 immediately after
close of uploading of tenders.
· Financial bids of the eligible tenderers would be opened subsequently on the date and
time to be notified later on.
· Tenderer may have to submit the original Documents at short notice whenever asked by
Railway at any stage of tender evaluation process or even after finalization of tender.
· In E-tender, all submissions of documents are to be uploaded on web-site. There may be
last minute hic-cups and delay in uploading the Earnest Money and Documents etc.
Tenderer‟s/ Prospective bidders are advised to upload their offer well in time. Railway
will not be responsible for any delay/non submission of offer due to any reason
whatsoever.
Note:
(i) Works contracts shall be treated as supply of services as per schedule –II GST Act.
(ii) GST Act and Rules issued from time to time by the Government/ concerned authorities
shall be applicable.
(iii) Contractor/ suppliers/ service providers/ parties shall register their firms State wise under
GSTIN (GST Identification Number) and submit at the time of opening of tender or before
the signing the agreement and shall mention place of business, registered office address
and email id.
File-I/Packet -I shall contain Technical Cum Commercial bid and the scanned copies of all
necessary documents regarding constitution of the firm and other requisite
documents/credentials as per Annexure 1 and 2.
File-II/Packet-II shall contain the Financial Bid only and will be uploaded along with File-
I/Packet-I on or before the tender opening date D2.
The cost of the Tender Documents is non refundable and Tender Document is not transferable.
“JVs/ Consortiums/ MOUs shall be considered in accordance with approved tender conditions.”
The detailed e-tender notice is available on Northern Railway web site i.e.
www.nr.indianrailways.gov.in
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NOTE:
1. The bidders who desires to participate against e-tenders, are advised to electronically
register themselves on website www.ireps.gov.infor which they would require to obtain
Class III digital certificate (if already not obtained) issued by CCA under IT Act-2000.
2. All other terms and conditions in respect of above tender are given in the tender
document.
3. Only e-tenders will be accepted and tenders submitted in any other form will be
summarily rejected.
(S.K. Garg)
Dy. Chief Engineer/TMC/L
For PCE/NORTHERN RAILWAY
Copy to:-
6. All DRM/N. Rly., i.e. FZR, UMB, LKO, NDLS & MB.
7. Copy for Notice Board.
8. AFA/FX, Baroda House, New Delhi for nominating his/her representative on IREPS
and deputing him/her with Digital Signature Certificate for opening the e-tender at the
office of Dy.CE/TMC/Line/N.Rly, S.E.Road, New Delhi on 15.03.2019 at 15.00 Hrs.
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DyCETMCL-MDS-11-18-19
Annexure-1
Document required in Original/Notarised/Attested Copy upto the time and date of opening of
Technical cum Commercial Bid (D2) (scanned copy be uploaded alongwith offer)
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(C) (ii) Consent of all the partners to enter If all the requisite
(i) into the Joint Venture Agreement on a documents
Stamp Paper of appropriate value (in pertaining to the
original). constitution of the
(iii) Power of Attorney/authorization duly firm/JV/sole
Notarised in favour of one of the partners proprietorship/
of the Partnership Firm to sign the JV partnership firm/
MOU/Agreement on behalf of the company/ Society
Partnership Firm and create liability etc., as specified
against the Firm. in clause 19.4.1
(C) In case one or more Affidavit on Stamp Paper in original above, are not
(ii) of the members of the affidavit confirming that his/her Concern is a submitted, offer
JV Firm is/are Proprietary Concern and he/she is Sole will be considered
Proprietary Firm or Proprietor of the Concern OR he/she is in as incomplete and
HUF, following position of “Karta” of Hindu Undivided shall be summarily
documents shall be Family (HUF) and he/she has the rejected.
submitted: authority, power and consent given by
other partners to act on behalf of HUF
(C) In case one or more (i) Notary certified copy/Original resolutions
(iii) members of JV is/are of the Directors of the Company,
Limited Companies, permitting the Company to enter into a JV
the following Agreement, authorizing MD or one of the
documents shall be Directors or Managers of the Company
submitted to sign JV MOU/Agreement and 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.
(ii) Notarised Copy of Memorandum and
Articles of Association of the Company duly
registered as per prevailing law
(iii) Power of Attorney (in original/notarised
copy) by the Company, authorizing the
person to do/act on behalf of the Company
(D) In case of a (1) Copy of the MOA (Memorandum of
“Company” Association) of the Company;
(2)Power of Attorney (in original/Notarised
copy) by the Company (alongwith copy of
the resolution of Board of Directors) in
favour of the individual signing the tender
on behalf of the Company.
(E) In case of a “LLP 1) Copy of the LLP Agreement;
Firm” 2) Copy of certificate of incorporation
3) Copy of Power of Attorney (in
original/Notarised copy) issued by the
LLP firm in favour of the individual
signing the tender on behalf of the LLP
firm and create liability against the firm.
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Annexure-2
Scanned copy of Documents to be uploaded along with the tender
S No Document Required in the If Not submitted along with the
form tender, then
1. Technical Eligibility Criteria:- Upload Liable to be rejected As per Clause
Completion/Performance Scanned Copy 12 of Instruction to the tenderer,
Certificate in support of similar
nature of work as per clause
10.1 and 19.3 of Instructions to
tenderers.
2. Financial Eligibility Criteria:- Upload
Contractual payment received as Scanned Copy
per detail at Annexure-I in form of
Form-16A/26AS to judge the
payment received as per clause
10.2 of instruction to tenderers of
the tender document.
3. Annexure-C (Declaration form Upload Liable to be rejected
regarding site etc.) Scanned Copy
4. Annexure-D (Declaration Upload Liable to be rejected
regarding constitution of firm) Scanned Copy
5. Annexure-E (Plant and Upload Liable to be rejected
Machinery) Scanned Copy
6 Annexure-F Upload Liable to be rejected
(Engineers/Personnel) Scanned Copy
7. Annexure-G (work executed in Upload Liable to be rejected
last three years) Scanned Copy
8. Annexure-H-1 (Work in Hand) in Upload In terms of note(e) of annexure-VI,
support of bid capacity Scanned Copy summarily rejected
9. Annexure-H-2 (Contractual Upload Liable to be rejected
Payment received) Scanned Copy
10. Annexure-J (Bank Detail/RTGS) Upload Liable to be rejected
Scanned Copy
11. Annexure-L (Proforma of Upload Liable to be rejected
completion certificate) Scanned Copy
12. Annexure-V (Affidavit to be Upload Tender will be summarily rejected
submitted by tenderer alongwith Scanned Copy
the tender documents)
13. Annexure-M (Contractual Upload In terms of note(e) of annexure-VI,
Payment received in last three Scanned Copy summarily rejected
years) in support of bid capacity
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COVERING NOTE
The tenderers are requested to carefully peruse the Tender Documents, as the tender
will be in TWO PACKETS and all requisite documents/credentials are to be compulsorily
uploaded along with the offer. After opening of the tender, any document pertaining to
the constitution of the Firm, technical and financial eligibility criteria shall neither be
asked nor be entertained/ considered under any circumstances and no claim or
representation whatsoever from the tenderers in this regard shall be entertained.
Documents submitted/uploaded previously or along with another tender currently under
consideration SHALL NOT be considered while evaluating the present tender.
1. The tenderer(s) shall visit the site of work and acquaint himself/themselves with the
conditions of work viz. approach roads and accessibility, nature of track and its special
features, availability of materials, electric power, water for work and drinking purposes, site for
labour camps, stores, godowns, extent of lead/lift in work, availability of skilled and unskilled
labour etc. that may be encountered in the course of execution of work. In short, he/they should
familiarize himself/themselves fully with the conditions of the site and FURNISH A
CERTIFICATE TO THIS EFFECT, in the Proforma appended as Annexure-C.
2 The tender uploaded by the tenderer(s) will consist of TWO Packets/Files i.e. Packet-
I/File-I and Packet-II/File-II.
3 “Packet-I/File-I will be opened immediately after close of uploading of tender (D2) i.e.
15.03.2019 at 15.00 hrs. This Bid shall contain all the documents as listed in (C) of TOP
SHEET/Annexure-1 & Annexure-2 of Tender Notice. Tenderers are requested to ensure that all
such documents and Annexures duly filled in are uploaded, complete in all respects with their
Packet-I/File-I failing which his/their offer is likely to be rejected/summarily rejected, as
applicable.
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4.1 The Financial Bid of only those tenderer(s) will be opened whose Packet-I/File-II
(Technical cum Commercial Bid) is found eligible as per Tender Conditions.
4.2 The time, date and venue of opening of Packet-II/File-II (Financial Bids) shall be notified
to the successful tenderer(s) after evaluation of Packet-I/File-I (Technical cum
Commercial Bids). The same shall be opened on due date in the presence of
tenderers/their representatives as may wish to attend the same.
5.0 Tenderer should keep the validity of their offer for 60 days. Any deviation from this will
not be accepted under any circumstances.
6.0 Tenderer may have to submit the original Documents in physical form at short notice
whenever asked by Railway at any stage of tender evaluation process or even after
finalization of tender.
7.0 In E-tender, all submissions of documents are to be uploaded on web-site. There may be
last minute hic-cups and delay in uploading the Documents and payment of Earnest
Money etc. Tenderer‟s/Prospective bidders are advised to upload their offer well in
time. Railway will not be responsible for any delay/non submission of offer due to any
reason whatsoever.
8.0 The tenderer(s) may note that the Railway reserves its right to either accept or reject any
Bid/s without assigning any reasons whatsoever and tenderer(s) shall have no claim(s)
on this account.
9.0 Prospective tenderer(s) may contact Deputy Chief Engineer/TMC/L, Northern Railway,
State Entry Road, New Delhi (011-2334 7667) for obtaining further clarifications, if
required
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NORTHERN RAILWAY
TENDER FORM (First Sheet)
Tender No. DyCETMCL-MDS-11-18-19 Dated 11.02.2019
Name of Work : Deep screening of all types of Track over entire width of ballast profile
including track on turnout, in cutting, on high bank/bridges, track
circuited area, track with PSC/CST/Steel/Wooden sleepers with 90R/52
kg/ 60 kg or any other rails by mechanized means along with
mechanised tamping and stabilization of track using a complex of
track machines consisting of Ballast cleaning machine, tamper and
stabilizer using contractor’s own machines along with his own
spares, consumables including fuel, staff etc. for operation and
maintenance of the machines and other operations for carrying out
the work of deep screening, tamping and stabilised in block during
day or night as required at site, including all leads, ascend/descend,
crossing of drains/tracks as required for the work.
To
The President of India
Acting through the Principal Chief Engineer, Baroda House, New Delhi, Northern
Railway
I/We ____________________ have read the various conditions to tender attached
hereto and agree to abide by the said conditions. I/We also agree to keep this
tender open for acceptance for a period of 60 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 54 months from the date of issue of letter of acceptance
of the tender.
2. I/We also hereby agree to abide by the Indian Railways Standard General
Conditions of Contract, with all correction slips up-to-date and to carry out the
work according to the Special Conditions of Contract and Specifications of
materials and works as laid down by Railway in the annexed Special
Conditions/Specifications, Schedule of Rates with all correction slips up-to-date
for the present contract.
3. A sum of ₹ 2715200.00 ((Rupees Twenty seven lakhs, fifteen thousands and two
hundred only)) has already been deposited online as Earnest Money. Full value of
the Earnest Money shall stand forfeited without prejudice to any other right or
remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in
the Tender document;
(b) I/We do not execute the contract documents within seven days after receipt
of notice issued by the Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to
that effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department of
Industrial Policy and Promotion (DIPP) and my registration number is
……………. valid upto …………………. (Copy enclosed) and hence exempted
from submission of Earnest Money.
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5. Until a formal agreement is prepared and executed, acceptance of this tender shall
constitute a binding contract between us subject to modifications, as may be
mutually agreed to between us and indicated in the letter of acceptance of my/our
offer for this work.
_____________________________
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NORTHERN RAILWAY
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(b) (i) 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, superstructure etc.),
tenderer must have successfully completed any of the following during last 07
(seven) years, ending last day of month previous to the one in which tender is
invited:
(i) Three similar works costing not less than the amount equal to 40% of
advertised value of each component of tender, or
(ii) Two similar works costing not less than the amount equal to 50% of
advertised value of each component of tender, or
(iii) One similar work costing not less than the amount equal to 80% of
advertised value of each component of tender.
Note: Separate completed works of minimum required values for each component can
also be considered for fulfillment of technical eligibility criteria.
(b) (ii) In such cases, what constitutes a component in a composite work shall be clearly
pre-defined with estimated tender cost of it, as part of the tender documents
without any ambiguity. Any work or set of works shall be considered to be a
separate component, only when cost of the component is more than ₹ 2 crore each.
10.2. Financial Eligibility Criteria: The tenderer must have received contractual
payments in the previous three financial years and the current financial year upto
the date of opening of tender, at least 150% of the advertised value of the tender.
The tenderers shall submit Certificates to this effect which may be an attested
Certificate from the concerned department / client and/or Audited Balance Sheet
duly certified by the Chartered Accountant etc.
10.3. Bid Capacity: The tender/technical bid will be evaluated based on bid capacity
formula detailed as Annexure-VI.
10.4 No Technical and Financial credentials are required for tenders having value up to
Rs 50 lakh.
11. Tenderer Credentials:
Documents testifying tenderer previous experience and financial status should be
produced along with the tender.
Tenderer(s) who is / are not borne on the approved list of the Contractors of
Northern Railway shall submit alongwith his / their tender:
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(i) Certificates and testimonials regarding contracting experience for the type of job
for which tender is invited with list of works carried out in the past.
(ii) Certificates which may be an attested Certificate from the client, Audited Balance
Sheet duly certified by the Chartered Accountant etc regarding contractual
payments received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the
tendered work. Similarly list of Plant & Machinery available on hand and
proposed to be inducted and hired for the tendered work.
(iv) A copy of notarized affidavit on a non-judicial stamp paper stating that they are
not liable to be disqualified and all their statements/documents submitted
alongwith bid are true and factual. Standard format of the affidavit to be submitted
by the bidder is enclosed as Annexure-V. Non submission of a copy of notarised
affidavit by the bidder shall result in summarily rejection of his/their bid. It shall
be mandatorily incumbent upon the tenderer to identify, state and submit the
supporting documents duly self attested by which they/he are/is qualifying the
Qualifying Criteria mentioned in the Tender Document.
(v) The Railway reserves the right to verify all statements, information and
documents submitted by the bidder in his tender offer, and the bidder shall, when
so required by the Railway, make available all such information, evidence and
documents as may be necessary for such verification. Any such verification or
lack of such verification, by the Railway shall not relieve the bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Railway
thereunder.
(vi) (a) In case of any information submitted by tenderer is found to be false forged or
incorrect at any time during process for evaluation of tenders, it shall lead to
forfeiture of the tender Earnest Money Deposit besides banning of business for a
period of upto five years.
(b) In case of any information submitted by tenderer is found to be false forged or
incorrect after the award of contract, the contract shall be terminated. Earnest
Money Deposit (EMD), Performance Guarantee and Security Deposit available
with the railway shall be forfeited. In addition, other dues of the contractor, if any,
under this contract shall be forfeited and agency shall be banned for doing
business for a period of upto five years.
12. Non-compliance with any of the conditions set forth therein above is liable to
result in the tender being rejected.
13. Execution of Contract Documents: The successful Tenderer(s) shall be required
to execute an agreement with the President of India acting through the DyChief
Engineer, Track Machinew/Line, Northern Railway for carrying out the work
according to Standard General Conditions of Contract, Special Conditions /
Specifications annexed to the tender and Standard Specifications for (Works and
Materials) of Railway as amended/corrected upto latest correction slips, mentioned
in tender form (First Sheet).
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power of attorney and changes after obtaining proper legal advice, the cost of
which will be chargeable to the Contractor.
15. The tenderer whether sole proprietor, a company or a partnership firm / joint
venture (JV) / registered society / registered trust etc if they want to act through
agent or individual partner(s), should submit along with the tender, a copy of
power of attorney duly stamped and authenticated by a Notary Public or by
Magistrate in favour of the specific person whether he/they be partner(s) of the
firm or any other person specifically authorizing him/them to submit the tender,
sign the agreement, receive money, co-ordinate measurements through
contractor’s authorized engineer, witness measurements, sign measurement books,
compromise, settle, relinquish any claim(s) preferred by the firm and sign "No
Claim Certificate" and refer all or any disputes to arbitration.
16. Employment/Partnership etc. of Retired Railway Employees:
(a) Should a tenderer be a retired Engineer of the gazetted rank or any other gazetted
officer working before his retirement, whether in the executive or administrative
capacity or whether holding a pensionable post or not, in the Engineering or any
other department of any of the railways owned and administered by the President
of India for the time being, or should a tenderer being partnership firm / company /
joint venture (JV) / registered society / registered trust etc have as one of its
partners a retired Engineer or retired gazetted officer as aforesaid, or should a
tenderer being an incorporated company have any such retired Engineer or retired
officer as one of its directors or should a tenderer have in his employment any
retired Engineer or retired gazetted officer as aforesaid, the full information as to
the date of retirement of such Engineer or gazetted officer from the said service
and in case where such Engineer or officer had not retired from government
service at least 1 year prior to the date of submission of the tender as to whether
permission for taking such contract, or if the Contractor be a partnership firm or an
incorporated company, to become a partner or director as the case may be, or to
take the employment under the Contractor, has been obtained by the tenderer or
the Engineer or officer, as the case may be from the President of India or any
officer, duly authorized by him in this behalf, shall be clearly stated in writing at
the time of submitting the tender. Tenders without the information above referred
to or a statement to the effect that no such retired Engineer or retired gazetted
officer is so associated with the tenderer, as the case may be, shall be rejected.
(b) Should a tenderer or Contractor being an individual on the list of approved
Contractors, have a relative(s) or in the case of partnership firm/ company / joint
venture (jv) / registered society / registered trust etc. one or more of his
shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity
in the Engineering or any other department of the Northern railway, the authority
inviting tenders shall be informed of the fact at the time of submission of tender,
failing which the tender may be disqualified/rejected or if such fact subsequently
comes to light, the contract may be rescinded in accordance with provision in
clause 62 of standard general conditions of contract.
17. Participation of Joint Venture (JV) in Works Tender: This Clause shall be
applicable for works tenders wherein tender documents provide for the same.
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17.2 Number of members in a JV shall not be more than three, if the work involves only
one department (say Civil or S&T or Electrical or Mechanical) and shall not be
more than five, if the work involves more than one Department. One of the
members of the JV shall be its Lead Member who shall have a majority (at least
51%) share of interest in the JV. The other members shall have a share of not less
than 20% each in case of JV with upto three members and not less than 10% each
in case of JV with more than three members. In case of JV with foreign
member(s), the Lead Member has to be an Indian firm/company with a minimum
share of 51%.
17.4 The tender form shall be purchased and submitted only in the name of the JV and
not in the name of any constituent member.
17.8 Approval for change of constitution of JV shall be at the sole discretion of the
Railway. The constitution of the JV shall not be allowed to be modified after
submission of the tender bid by the JV, except when modification becomes
inevitable due to succession laws etc. and in any case the minimum eligibility
criteria should not get vitiated. However, the Lead Member shall continue to be
the Lead Member of the JV. Failure to observe this requirement would render the
offer invalid.
17.9 Similarly, after the contract is awarded, the constitution of JV shall not be allowed
to be altered during the currency of contract except when modification become
inevitable due to succession laws etc. and 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.
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17.11 On issue of LOA (Letter of Acceptance), the members of the JV to whom the work
has been awarded, shall form a legal entity if not already formed, which shall have
the same shareholding pattern, as was declared in the MOU/JV Agreement
submitted alongwith the tender. This entity shall be got registered before the
Registrar of the Companies under 'The Companies Act -2011' (in case of
Company) or before the Registrar/Sub-Registrar under the 'Registration Act, 1908'
(in case of Partnership Firm) or under 'The LLP Act 2008' (in case of LLP). A
separate PAN shall be obtained for this entity. The documents pertaining to this
entity including its PAN shall be furnished to the Railways before signing the
contract agreement for the work. In case the tenderer fails to observe/comply with
this stipulation within 60 days of issue of LOA, contract is liable to be terminated.
In case contract is terminated railway shall be entitled to forfeit the full amount of
the Earnest Money Deposit and other dues payable to the Contractor under this
contract. This Joint Venture Agreement shall have, inter-alia, following Clauses:
17.11.1 Joint And Several Liability - Members of the JV to which the contract is
awarded, shall be jointly and severally liable to the Railway for execution of the
project in accordance with General and Special Conditions of 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.
17.11.2 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.
17.11.3 Governing Laws - The Joint Venture Agreement shall in all respect be
governed by and interpreted in accordance with Indian Laws.
17.12 Authorized Member - Joint Venture members in the JV MoU shall authorize one
of the members on behalf of the Joint Venture 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/correspondences with respect to the contract would be sent only to this
authorized member of the JV.
17.13 No member of the Joint Venture 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 Railway in respect of the said tender/contract.
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17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:
A copy of notarized affidavit on Stamp Paper declaring that his/her Concern is a
Proprietary Concern and he/she is sole proprietor of the Concern OR he/she is in
position of "KARTA" of Hindu Undivided Family (HUF) and he/she has the
authority, power and consent given by other partners to act on behalf of HUF.
17.14.3 In case one or more members of the JV is/are companies, the following
documents shall be submitted:
(a) A copy of resolutions of the Directors of the Company, permitting the
company to enter into a JV agreement,
(b) A copy of Memorandum and Articles of Association of the Company.
(c) A copy of Authorization/copy of Power of Attorney issued by the Company
(backed by the resolution of Board of Directors) in favour of the individual
to sign the tender, sign MOU/JV Agreement on behalf of the company and
create liability against the company.
17.14.4 All the Members of JV shall certify that they are not blacklisted or
debarred by Railways or any other Ministry / Department / PSU (Public Sector
Undertaking) of the Govt. of India/State Govt. from participation in
tenders/contract on the date of opening of bids either in their individual capacity or
as a member of the JV in which they were/are members.
17.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity
of the JV shall be adjudged based on satisfactory fulfillment of the following
criteria:
17.15.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):
(a) For Works without composite components
The technical eligibility for the work as per para 10.1 above, shall be satisfied by
either the ‘JV in its own name & style’ or ‘lead member of the JV’. Each other
member of JV shall have technical capacity of minimum 10% of the cost of
work.
(b) For works with composite components
(i) The technical eligibility for each component of work as per para 10.1 above,
shall be satisfied by either the ‘JV in its own name & style’ or ‘lead member
of the JV’. Each other member of JV shall have technical capacity of
minimum 10% of the cost of any component of work.
OR
(ii) The technical eligibility for major component of work as per para 10.1
above, shall be satisfied by either the ‘JV in its own name & style’ or ‘lead
member of the JV’ and technical eligibility for other components of work as
per para 10.1 above, shall be satisfied by either the ‘JV in its own name &
style’ or ‘any member of the JV’. Each other member of JV shall have
technical capacity of minimum 10% of the cost of any component of work.
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Note:
(a) The Major component of the work for this purpose shall be the component
of work having highest value. In cases where value of two or more
component of work is same, any one work can be classified as Major
component of work.
(b) Value of a completed work done by a Member in an earlier JV shall be
reckoned only to the extent of the concerned member's share in that JV for
the purpose of satisfying his/her compliance to the above mentioned
technical eligibility criteria in the tender under consideration.
17.15.2 Financial Eligibility Criteria
The JV shall satisfy the requirement of “Financial Eligibility” mentioned at para
10.2 above. The “financial capacity” of the lead partner of JV shall not be less than
51% of the financial eligibility criteria mentioned at para 10.2 above. The
“financial capacity” of each of other partners (excluding lead partner) shall not be
less than 10% of the financial eligibility criteria mentioned at para 10.2 above.
The arithmetic sum of individual “financial capacity” of all the members shall be
taken as JV’s “financial capacity” to satisfy this requirement.
Note: Contractual payment received by a Member in an earlier JV shall be reckoned only
to the extent of the concerned member’s share in that JV for the purpose of
satisfying compliance of the above mentioned financial eligibility criteria in the
tender under consideration.
17.15.3 Bid Capacity
The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at
para 10.3 above. The arithmetic sum of individual “Bid capacity” of all the
members shall be taken as JV’s “Bid capacity” to satisfy this requirement.
18. Participation of Partnership Firms in works tenders:
18.1 The Partnership Firms participating in the tender should be legally valid under the
provisions of the Indian Partnership Act.
18.2 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 Registrar or the partnership deed should have been notarized prior to date
of tender opening as per the Indian Partnership Act.
18.3 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.
18.4 Once the tender has been submitted, the constitution of the 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 re-constitution of firm in such cases should be followed by a notary certified
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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 withdraws from the firm after opening of the tender and before the
award of the contract, 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 his 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 the contract conditions liable for
determination of the contract under Clause 62 of General Conditions of Contract.
18.5 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.
18.6 The tender form shall be submitted only in the name of partnership firm. The EMD
shall be deposited by partnership firm through e-payment gateway or as mentioned
in tender document. The EMD submitted in the name of any individual partner or
in the name of authorized partner (s) shall not be considered.
18.7 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”, specially
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” shall be notarized / registered and submitted along with the tender.
18.8 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees
like Performance Guarantee, Guarantee for various Advances to the Contractor
shall be submitted only in the name of the partnership firm and no splitting of
guarantees among the partners shall be acceptable.
18.9 On issue of Letter of Acceptance (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.
18.10 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the
following undertakings shall be furnished by all the partners through a notarized
affidavit, before signing of contract agreement.
(a) Joint and several liabilities:
The partners of the firm to which the Letter of Acceptance (LOA) is issued, 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
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In case, the tenderer(s) quote/s multiple rates*, the offer will be treated as
incomplete and shall be summarily rejected.
Rebate if any, one single rebate over entire Tender schedule shall be
considered.
*Multiple Rates- in case tenderer/s quote selective rebate on any individual
item(s) of a USOR Chapter of Schedule/Individual NS item of Schedule, the
same will be treated as multiple rate and their offer will be summarily rejected.
If a tenderer does not quote rate/rates in the format as specified in this tender
document, in the attached Schedule of Items, Rates and Quantities, the offer
will be treated incomplete and summarily rejected.
19.2.3 Each page of the tender papers will be deemed to be signed/ accepted by the
tenderer(s) or such person(s) on his/their behalf who is/are legally authorized to sign
for him/them.
19.2.4 The rates, rebates and/or other financial terms, if any, quoted by tenderer in the
relevant fields of the Financial Bid page will only be the ruling terms for deciding the
inter-se ranking, and any such condition having financial repercussions, if quoted by
them anywhere else including attached documents shall not be considered for
deciding inter-se ranking
19.2.5 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.
19.2.8 Tenderer may have to submit the original Documents in physical form at short notice
whenever asked by Railway at any stage of tender evaluation process or even after
finalization of tender.
19.2.9 In E-tender, all submissions of documents are to be uploaded on web-site. There
may be last minute hic-cups and delay in uploading the Documents and payment of
Earnest Money etc. Tenderer‟s/Prospective bidders are advised to upload their offer
well in time. Railway will not be responsible for any delay/non submission of offer
due to any reason whatsoever
19.3 Similar Nature of Work is defined as under:
i) Mechanised Track Maintenance using On track Machines involving operation
with/without maintenance of track machines or
ii) PWay work, e.g., laying/renewal of track/turnouts, deep screening, shallow
screening, rail renewal, sleeper renewal, de-stressing, welding etc. or
iii) (a) Any civil work for component covered in Schedule “1” (Items pertaining to
machine working only).
and
(b) Any P.Way work e.g. laying /renewal of track/turnouts, deep screening,
shallow screening, rail renewal, sleeper renewal, distressing, welding etc.
for component covered in schedule “2” (Items related to P.Way works).
Note (a) and (b) may be two different works and will be evaluated separately.
Besides the above, firm should have MOU with any OEM of track machine for supply
and maintenance of required track machines and same is required to be submitted by
the firm during tendering in this regard. The bids without MOU with OEM will be
summarily rejected. One OEM is allowed to tie-up with one tenderer only in a tender.
OEM should furnish an undertaking that he has entered into MOU with one tenderer only
for the tender. More than one tie-up by a OEM with different tenderer for the same
tender will be considered as multiple bids and will lead to rejection of bids of all such
tenderers.
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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 Govt.
Of India, State Govt. and of Municipal & other authorities having jurisdiction in
connection with the works or site over 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.
21.3.2 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.
21.4 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.
21.5 The tenderer/s shall submit an analysis of rates if called upon to do so.
21.6 A corrigendum shall be issued in case the increase in quantity in one or more items
result an extra expenditure in excess of 10% of the value of the contract or Rs.
50,000/- whichever is less. For the purpose of assessing the increase in the quantity
and the increase in the value of contract only such of the items in which there is any
increase shall be taken into account and the saving in other items ignored.
21.7 Non-compliance with any of the conditions set forth herein is liable to result in the
tender being rejected.
21.8 Variation in quantity
Variation in quantity will be dealt as per Clause 41 and 42 of the Indian Railways
Standard General Conditions of the Contract, November 2018.
21.9 Security Deposit and Performance Guarantee on Acceptance of Tender
Security Deposit and Performance Guarantee will be dealt as per Clause 16 of the
Indian Railways Standard General Conditions of the Contract, November 2018.
21.10 Exemption of Earnest Money, Security Deposit and performance gurantee
21.10.1 Public Sector Undertaking wholly owned by Railways like RITES, IRCON, Konkan
Railway Corporation Limited, CRIS, Rail-Tel Corporation etc. are exempted from
depositing Earnest Money & Security Deposit.
21.10.2 Whenever the Railways PSUs are awarded works contracts by Railways, on single
tender basis, they are exempted from the requirements of submitting performance
guarantee.
However, in the event of failure of the Railway PSU to successfully execute the
contract as per terms and conditions laid down in the agreement, a penalty
equivalent to 5% of the original value of contract would be levied.
If Railway PSUs are awarded contract through competitive bidding (open tender,
special limited tender etc.) the normal rules regarding submission performance bank
guarantee as applicable to other tenderer/s shall be applicable to these PSUs.
21.10.3 For service contracts, MSEs registered for tendered work with District Industries
Centres, Khadi and Village Industries Commission, Khadi and Village Industries
Board, Coir Board, National Small Industries Corporation, Directorate of Handicraft
and Handloom, Any other body specified by Ministry of MSME, shall be exempted
from payment of minimum EMD detailed above. * Further, registered MSEs IN
TERMS OF Ministry of MSME’s notification No. 503 are exempted from Earnest
Money Deposit.
21.10.4 Labour co-operative are required to deposit only 50% of the earnest money as
referred to in clause 20.1 above.
22.0 CONDITIONS OF CONTRACT AND SPECIFICATIONS
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22.1 Except where specifically stated otherwise in the tender documents the work is to be
carried out in accordance with (i) Indian Railways Standard General Conditions of
Contract, November, 2018 amended from time to time & upto date; (ii) Northern
Railway Unified Standard Schedule of Rates (Works & Material)-2010 amended
from time to time and up to date and (iii) Indian Railway Unified Standard
Specifications (Material and Works)-2010 Volume-I and volume-II. Copies of all
these publications can be obtained from the Head Quarter office, Northern Railway,
Baroda House, New Delhi on payment as under:-
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.
22.2 The tender documents referred to in clause 2.2.1 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 Indian Railway Unified Standard Specifications (Works and Material)-2010
Volume-I & Volume-II, Indian Railways Standard General Conditions of Contract,
Nov, 2018 amended from time to time etc. and the Northern Railway Unified
Standard Schedule of Rates (Works & Materials) 2010 on the other hand the former
shall prevail.
23.0 STUDY OF LOCAL CONDITIONS
23.1 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.
23.2 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 list is only indicating
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.
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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 Indian
Railways Standard General Conditions of Contract, November, 2018 amended from
time to time & upto date.
24.2 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.
25.1 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.
25.2 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 clause payable as per price escalation clause, if any, provided
separately in the tender documents.
25.3 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.
25.3.1 The contractor shall work in close co-operation with the contractors, departmental
staff working in the adjacent sections of railway & local authorities.
25.4 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.
25.5 The item numbers, description, units and rates given in schedule of rates are as per
Northern Railway Unified Standard Schedule of Rates, 2010 and 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 and will be binding on the contractor.
25.6 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 Unified Standard Schedule of Rates, 2010. The rates for such non-
scheduled items occurring during the course of construction shall be payable
subject to the approval of the competent authority.
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 Unified
Standard Schedule of Rates, 2010 will be subject to percentage above or below
tendered by the contractor.
25.7 Payment for the work done will be made to the contractor only when the formal
agreement has been executed between the parties.
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25.8 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.
25.9 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.
25.10 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.
25.11 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 24.0 of these conditions.
25.12 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.
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27.3 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.
27.4 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.
27.5 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.
27.6 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.
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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.
33.0 GENERAL
33.1 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.
33.2 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.
33.3 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.
33.4 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 log book 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.
33.5 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.
34.0 Levy of Token Penalty
34.1 Attention is invited to Clause 17(B) of the G.C.C. and Clause 24.1 of tender
conditions according to which time is the essence of the contract. The competent
authority while granting extension to the currency of contract under 17 (B) of Indian
Railways Standard General Conditions of Contract, November, 2018 amended from
time to time & upto date; shall also levy LD as per provision of the contract.
35.0 TAXES
The contractor shall be governed by the Taxes applicable at the place of actual
execution of work.
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35.1 Taxes on works contract, octroi, royalty, toll tax, local tax on materials as well as
services and any other tax levied by Central Govt./State Govt. or local bodies shall
be borne by the tenderer. No part of such taxes on contractor‟s labour/material or
any other account will be paid by the Railways. Therefore, the contractor must
ascertain the various taxes levied by the concerned Govt. or local bodies at the
place of execution of work and take into account for the same while quoting the
rates. This should be kept in view before tendering.
Note
(i) Works contracts shall be treated as supply of services as per Schedule-II GST
Act.
(ii) GST Act and Rules issued from time to time by the Government/concerned
authorities shall be applicable.
(iii) Contractor/Suppliers/Service providers/Parties shall register their firms State
wise under GSTIN (GST Identification Number) and submit at the time of
opening of tender or before the signing the agreement and shall mention place
of business, registered office address and email id.
35.2 If there is any increase/decrease/imposition of new tax/removal of existing tax by
Central Govt./State Govt./Local bodies (including GST) in respect to any of the tax
mentioned above, the same shall be borne by the contractor and neither any
additional payment will be made, nor any recovery will be made on this account.
This should also be kept in view before tendering, as no subsequent changes will be
made in the rates payable to the contractor on this account.
35.3 Railways will deduct the taxes specified by the concerned Central Govt./State
Govt./Local bodies if required to be deducted at source under the relevant laws as
applicable on the date of making the payment. Railway will issue a certificate
regarding tax so deducted. It will be responsibility of the contractor to make further
correspondence with concerned Govt. or local bodies to ensure full deposition of the
tax or for claiming a refund, if due, as is done in case of income tax.
35.4 In case any tax is notified to be deducted at source from a specified date and certain
payments have already been made in the period that lapsed between the date of
applicability of tax and the actual date of implementation of the same, tax required to
be deducted at source for this period will be recovered from the subsequent
payment.
35.5 All payments in respect of the contract during the currency of the contract shall be
made through National electronic Fund transfer (NEFT) or Real Time Gross Saving
(RTGS). The successful tenderer on award of contract must submit RTGS/NEFT
Mandate Form complete in all respects as detailed at annexure-J of the tender
document. However, if the facility of RTGS/NEFT 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 contractor‟s 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.
36.0 Damage to the Railway Property:
Contractor(s) executing the works adjacent to the existing Railway track for e.g.
doubling, gauge conversion, yard remodeling 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
signaling/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 damage
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work executed under the contract reaches 85% of the contract value, or the
assessed value of the work whichever is less.
39.4 Interest will be recovered on the advance outstanding for the period commencing
from the date of payment of advance till date of particular on account bill (through
which recovery of principle is effected) and adjusted fully against such on account
bills along with pro rata principle recovery. In the event of any shortfall the same
will be carried forward to the next on account bill and will attract interest at 4.5%
per annum above the base rate of State Bank of India, as effective on the date of
approval of payment of Mobilization Advance by the Competent Authority.
The interest rate on Mobilization Advance as per clause-30 above shall also be
applicable to other advance extended by Railways to contractors as per extent rules
and instructions.
Note :- The various Instruments as listed for Performance Guarantee (Clause 5.2)
will also be acceptable for Mobilization Advance.
In case of any legal dispute, Jurisdiction of Courts in Delhi/New Delhi area only shall
be applicable.
40.0 System of Measurement of work by Contractors in works Contract (Applicable
for works tender having value Rs. 5 crore or more)
40.01 Measurement of work by contractors shall be allowed only in works tender having
value Rs. 5 crore or more.
40.02 Measurement recorded by the contractor shall be test checked by Railway within 45
days of submission of measurements.
40.03 While processing 75% provisional payment bill, concerned Dy CE shall ensure that
supply items given by contractor are commensurate with requirement for execution
of works.
40.04 For such contracts, contractor shall be responsible for carrying out measurements of
work executed and recording of measurements for the release of on account/final
payment. In such cases, the detailed procedure for recording of measurements,
provisional payment, test check and final payment shall be as follows:
Contractor‟s Measurement Book:
40.1 Railway shall arrange contractor‟s measurement book (CMB), each having sheet
No.1A to 4A (Form E 1313), followed by 100 machine number pages (Form E 1313,
sheet No.5A). On the top of each sheet of CMB, there shall be provision for
recording the name of the work, agreement number, name of contractor and CMB
number.
40.2 CMBs shall be printed in such a way so as to keep a clear margin of 50mm on the
left side of page. Further, the left side shall have pinhole tear line at a distance of
15mm from edge for ease of taking out sheets from these books. The binding shall
be within 15mm of the margin available between edge and pinhole tear line. This
shall ensure availability of minimum 35mm clear margin to re-bind measurement
books later on.
Movement and upkeep of Contractor‟s Measurement Book:
40.3 Dy Chief Engineer in charge of contract (Dy CE) shall hand over required No. of
CMBs to Assistant/Executive Engineer-in-charge of contract (AEN/XEN) after taking
receipt of the same on sheet No.2A (Form E.1313) for further issuance to contractor
time to time as per progress of work.
40.4 CMB shall be registered with unique No. in the Register of Measurement Books
(Form E.1314) maintained in the office of Dy CE. Separate accountal of CMBs for
each agreement shall be maintained in the office of Dy CE and AEN/XEN.
40.5 In case of change of contractor’s authorized engineer, fresh approval shall be taken
from Dy CE before recording of measurement.
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40.6 While issuing the CMB to contractor, AEN/XEN shall take out sheet No.2A to 4A
from the CMB, take receipt of CMB from contractor on sheet No.3A (Form E 1313),
and keep the same in safe custody.
40.7 Similar system as for CMB, shall be followed for issuing Field Book/Level Book
(E.1317/A) to contractor for recording of levels in the field book/level book.
Measurement:
40.8 The contractor‟s authorized engineer shall record the measurements in CMB neatly
in his own handwriting, without any use of eraser/overwriting, without use of any
typing fluid or any such thing. All cuttings shall be initialed. No page shall be
damaged/destroyed. No page shall be kept blank in between the measurement.
40.9 The Contractor shall communicate the date of measurement to AEN/XEN in
sufficient advance to witness any measurement. Witnessing of measurement by
Railways is not compulsory except for initial levels in case of earthwork and hidden
measurements. Initial levels of earthwork and hidden measurements are to be
recorded in the presence of railway officials and test checked as prescribed.
40.10 In on account contract certificate, measurement shall be recorded for the items and
quantities to be paid in the concerned on account contract certificate.
40.11 However, in every 4th on account contract certificate and final contract certificate, the
recording of measurement for works executed shall include all the items and their
quantity included in previous on account contract certificates, irrespective of whether
to be paid or not in the current On Account Contract Certificate/Final Contract
Certificate.
40.12 No payment shall be processed on Lump sum measurement taken by contractor‟s
authorized engineer except for earthwork. For earthwork, every 4th bill shall be
based on actual levels taken and detailed calculations carried out for the work done.
40.13 The contractor shall take out carefully from CMB the used pages of CMB with one
extra blank page for processing the bill; staple them for submission to AEN/XEN
along with bill, duly signing the measurements. The contractor shall keep a
photocopy of the measurements with him for future reference.
40.14 At the time of submission of final bill, the contractor shall submit all the remaining
CMBs (unused as well as partially used) with him along with bill to AEN/XEN.
40.15 The contractor shall submit required copies of invoice and on account contract
certificate/final contract certificate (similar to form E.1337 and Form E.1338) to the
AEN/XEN duly marking them – original or duplicate copy. Original shall be used for
release of payment whereas duplicate copies shall be used for record purpose in
different offices.
40.16 In case contractor requires provisional payment of on-account bill, the contractor
shall submit his invoice and provisional on account contract certificate for 75% of
amount of work done (before deduction of taxes). The contractor shall write „For
Provisional Payment‟ on top of such on-account contract certificate.
40.17 AEN/XEN while issuing receipt of stapled sheets of CMB to contractor shall clearly
record the same in sheet 4 (E.1314) of concerned CMB, kept in the office of
AEN/XEN.
Release of Provisional Payment
40.18 Senior Section Engineer/‟Junior Engineer with 5 year experience‟ (SSE/JE) and
AEN/XEN shall sign and record a certificate on the original provisional „on account
contract certificate‟ as under:
“Certified that the payment being made is less than the amount due for the
quantities of works executed by the contractor”.
In case of payment of earthwork items in any contract, calculation of quantity of
such items along with field book/level book must be enclosed. This shall be cross
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40.31 The provisions of this para 1316A shall be applicable to all the departments of
Indian Railways and to be executed through equivalent authorities of respective
departments.
41.0 In case of any legal dispute, Jurisdiction of Courts in Delhi/New Delhi area only shall
be applicable.
Dy. Chief Engineer/TMC/L
Address_________________________
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E.1313
(Sheet 1A)
Railway ……………………………………….
CMB No. …………………………………….
CONTRACTOR‟S MEASUREMENT BOOK
Department………………………………………………………………………………..
Division/Construction Unit…………………………………………………………………………….
Name of work…………………………………………………………………………………….
Agreement No. …………………………………………………………………………….
Name of Agency ………………………………………………………………………..
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E.1313
(Sheet 2A)
Railway ……………………………………….
CMB No. …………………………………….
CONTRACTOR‟S MEASUREMENT BOOK
Department…………………………………………………………………………………………….
Division/Construction Unit……………………………………………………………………………
Name of work……………………………………………………………………………………………
Agreement No…………………………………………………………………………………………….
Name of Agency……………………………………………………………………………………….
Issued to…………………………………………………………………………………………………
(Name & Designation)
On ……………………………… (date)……………………………
Certified that this Measurement Book contains 100 machine numbered pages from
…………… .to………… (both pages inclusive) which have been counted by me and are
correct.
Signature………………………………
Date………………. Designation…………………………..
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E.1313
(Sheet 3A)
Railway ……………………………………….
CMB No. …………………………………….
CONTRACTOR‟S MEASUREMENT BOOK
Name of work……………………………………………………………………………………………
Agreement No…………………………………………………………………………………….
Name of Agency……………………………………………………………………………………….
Issued to ………………………………………………………(Contractor‟s name)
……………………………….. on…………………………………………………… (station)
(date)
Certified that this Measurement Book contains 100 machine numbered pages from
……………… to……………. (both pages inclusive) which have been counted by me
and are correct. No sheet is torn.
I understand that the measurement book is very important document and hence I shall
ensure its proper upkeep and safe custody.
Received by…………………………………………………………………………………………..
(Signature of contractor)
Certified that this Contractor‟s Measurement Book pages returned by contractor have been
counted by me and are correct. The details of pages received by me is as under:
S.No. On Account Bill No. Page No. No. of pages Date of receipt in Sign &
AEN/XE Design
From…..
N office ation of
To….. Railwa
y
Official
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E.1313
(Sheet 4A)
Railway ……………………………………….
CMB No. …………………………………….
Name of work……………………………………………………………………………………………
Agreement No………………………………………………………………………………………….
Name of Agency……………………………………………………………………………………….
INDEX OF M.B.
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E.1313
(Sheet 5A)
Railway ……………………………………….
Space for Machine
CMB No. ……………………………………. numbering with six digits
unique number
Division/Construction Unit…………………………..
******
Name of work……………………………………………………………………………………………
Agreement No………………………………………………………………………………………….
Name of Agency……………………………………………………………………………………….
INDEX OF M.B.
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ANNEXURE - I
TENDER FORM (Third Sheet)
1 2 3 4 5 6 7
The quantities shown in above Schedule are approximate and are as a guide to give the
tenderer(s) an idea of quantum of work involved. The Railway reserves the right to
increase/ decrease and/or delete or include any of the quantities given above and no extra
rate will be allowed on this account.
Dated ______________
Note: Columns 1 to 5 shall be filled by the office of the Authority inviting tender.
Columns 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders are
not invited.
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ANNEXURE – II
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ANNEXURE - III
WORK ORDER UNDER ZONE CONTRACT
WORK ORDER NO._________, DATED ________ UNDER CONTRACT
AGREEMENT NO._________________________________ DATED
__________________.
Name of Work _____________________________________
(SITE) _____________________
Schedule of Drawings
____________________________________________________________
Authority__________________________________
Allocation _________________________
The works herein mentioned are required to be completed on or before ________ (Date).
The quantities provided herein are approximate and subject to variation under Clause 42
of the Standard General Conditions of Contract corrected upto latest correction slips.
I agree to complete the works herein set forth on or before the date specified under
the Zone Contract Agreement herein before referred to in conformity with the drawings
hereto annexed and in accordance with the General and Special (if any) Conditions of
Contract corrected upto latest Correction Slips and the Standard Specifications of
Northern Railway with up-to-date Correction Slips.
I also agree to maintain such works for the period specified below from the date of
completion:
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(a) Repair and maintenance work including white/color washing: three calendar
months from date of completion.
(b) All new works except earth work: Six calendar months from date of
completion.
Contractor _______________ (Signature) Railway: Designation _____________
Address __________________________
For President of India)
Date _____________ Date _____________
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ANNEXURE - IV
___________ RAILWAY
CONTRACT AGREEMENT OF WORKS
CONTRACT AGREEMENT NO. _________________________ DATED
___________
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ANNEXURE-V
FORMAT FOR AFFIDAVIT TO BE SUBMITTED / UPLOADED BY
TENDERER ALONGWITH THE TENDER DOCUMENTS
(To be executed in presence of Public notary on non-judicial stamp paper of the value of
₹ 100/-. The stamp paper has to be in the name of the tenderer) **
4. I/we declare and certify that I/we have not made any misleading or false
representation in the forms, statements and attachments in proof of the
qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the
documents/credentials submitted alongwith the offer and same shall be binding
upon me/us.
6. I/We declare that the information and documents submitted along with the tender
by me/us are correct and I/we are fully responsible for the correctness of the
information and documents, submitted by us.
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guarantee besides any other action provided in the contract including banning of
business for a period of upto five year.
DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER
VERIFICATION
I/We above named tenderer do hereby solemnly affirm and verify that the contents of
my/our above affidavit are true and correct. Nothing has been concealed and no part of
it is false.
DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER
Place:
Dated:
** The contents in Italics are only for guidance purpose. Details as appropriate are to
be filled in suitably by tenderer.
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ANNEXURE – VI
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2. Contractor has to arrange all the Track Machines required for work along with the
trained staff to operate them along with other staff, tools & plants, consumables etc
required for the work as per Railways safety requirement.
3. The Type/ model of track machines which has already been approved and are working
on IR system should preferably be deployed for the work. In case agency intends to
deploy some other type of machine, it can be permitted only after CRS sanction.
Responsibility of obtaining CRS sanction for such machine solely lies with the agency,
duly coordinated by Zonal Railways. Time consumed in obtaining such approvals will
also be on agency’s account.
4. Broad Functional requirement for Contract for Mechanized Deep Screening work with
contractors’ own machines are given below for general guidance purpose:
4.1 Ballast cleaning (Deep screening) shall be planned using minimum either two No of
Ballast Cleaning Machine (BCM) of 500 cum/hr each or one No of Ballast Cleaning
Machine (BCM) of 900 cum/hr, 1 Work Site Tamper (WST/CSM type), 1 Dynamic Track
Stabilizer (DTS) and 1 Ballast Regulating Machine (BRM) for optimum utilization of
traffic block. The output of tamper, DTS and BRM should commensurate with the output
of BCM.
4.2 Ballast cleaning (Deep screening) of the entire cross section of Track Ballast on B.G.
(1676 mm gauge) track with concrete/steel/wooden sleepers on plain, transition and
curved track (up to 10°) including turnout. The ballast cleaning (Deep screening)work
should include all necessary pre-work, during block and post traffic block work involved
for Ballast cleaning (Deep screening) by BCM as per para 3.1.2, 3.1.3, 3.1.4, 3.3.2, 3.3.3
& 3.3.4 of Indian Railways Track Machine Manual (IRTMM) and relevant provisions of
Indian Railways P.Way Manual (IRPWM).
4.3 After ballast cleaning (Deep screening) work on existing BG (1676 mm) track it should
be possible to allow the trains to pass at a minimum speed of 40 kmph, just after
completion of deep screening work and clearance of the block section and speed has to
be relaxed further to normal in stages as per IRPWM.
4.4 The mechanized deep screening work will be outsourced for a period of 4.5 years
(including mobilization period) subject to satisfactory working of the contractor. The
period of 4.5 years shall be counted from date of award of acceptance letter.
4.5 The complex of track machines deployed at each site shall be capable to screen at least
8 km of track per month subject to a minimum of 50 hours of block during the month,
each block being not less than 2 hours duration.
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5.0 Technical Requirements: The general Technical requirements for machines and works
are given below:
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viii) Wheel dia 914 mm. Lesser diameter upto 730 mm (new forged
wheel profile) can also be considered, provided it
meets the conditions of condonation of infringements
(if any) at the discretion of the railways. Condonation
if required, will be processed by railways, however,
time lost in obtaining the condonation will be on
contractors account.
ix) Ambient condition Ambient temperature : 0o - 55°C
Altitude : Sea level to 1800 m above mean sea level
Relative Humidity : upto 100%
Maximum rail temp. : 70 o C
x) Maximum Speed 90kmph.
(during movement in Permitted speed may be less as per discretion of
train formation) Railways.
xi) Output The efficiency of screening shall be judged by collecting
four samples of the screened material as it falls from
the machine. Not more than 4% of screened ballast
by volume shall pass through a 25 mm Sieve (ISI
Standard). Four samples of the muck disposed by
Ballast Cleaning Machine shall also be collected. This
muck should contain no more than 10% of ballast of
size between 25mm to 65 mm.
The size and gradation of new ballast being used in
Indian Railways is as given below:
a. Retained on 65 mm 5% max.
square mesh sieve
b. Retained on 40 mm 40%-60% (for
square mesh sieve machine crushed)
c. Retained on 20 mm Not less than 98%
square mesh sieve (for machine
crushed)
Not less than 95%
(for hand broken)
i) The contractor shall check the track by suitable means for any obstruction due to
buried rails, sleepers, foundations, S&T/ electrical cables, pipes, boulders and other
objects that are within the dimensions of the operating elements of track machines.
The identified obstructions will be removed by Railways in advance of work. If any
additional obstruction is uncounted during working of machines, same will be
removed by the contractor and nothing extra will be paid for the same.
ii) Excavating ballast bed up to a maximum depth of 900 mm below the rail top (Up to
maximum 350 mm below sleeper) over entire width of ballast section. The entire
width of ballast section for plain track as well as turnouts shall be screened.
iii) Conveying the recyclable ballast after cleaning and screening to ballast feed.
iv) Conveying the non-recyclable/unserviceable ballast and muck for disposal outside
the track as directed by railway representative as per site condition. Muck should be
spread and compacted on cess/ bank slopes as directed by railway representative.
The rates for the same are deemed to be included in quoted rates of deep screening
and nothing extra will be paid for the same.
v) The recycled ballast shall be deposited on the formation top, before the lifted track is
placed back on it.
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vi) Release the lifted track on ballast bed followed by initial packing and initial
stabilization by DTS so as to allow the trains to pass at a speed of not less than 40
kmph after clearance of the traffic block/track possession by the machine. The speed
shall be relaxed to normal in stages as per IRPWM.
vii) The ballast shall be provided and unloaded in the section by the Railway. There may
be delays in ballasting due to availability of ballast/ hopper wagons/ traffic blocks.
However, no claim on account of delay in ballasting by Railways will be entertained.
During the block for unloading of ballast, there will be no machine working. In
emergency, contractor may have to unload DMT for which payment will be made as
per scheduled item.
viii) It may be required to lift the track ahead of excavating mechanism of BCM up to 100
mm and temporarily slew the track up to 200mm and machine deployed should be
able to perform the above task during deep screening.
vii) Correction of track geometry, tamping and stabilization of track and ballast profiling
as per LWR manual.
viii) The machine involved for ballast cleaning (deep screening) work should have
arrangements for adjusting the edge of cut to avoid obstructions like signal/OHE
mast foundations etc.
ix) While working on double/multiple line sections, it shall not infringe the adjoining track
and it shall be possible to permit trains at full speed on that track. If considered
unavoidable for working, any infringement of the adjoining track shall be allowed only
after obtaining the block of that track. Minimum spacing of track is 4265 mm centre
to centre.
x) The BCM, WST, DTS, BRM and manpower will be supplied by firm for deep
screening of track, tamping, stabilization of track, ballast profiling and
disposal/dressing of muck from platform, drainage, spreading on cess etc.
xi) Any left out ballast on shoulder outside cutting edge of BCM after working of
machine shall be deep screened manually & cleaned ballast should be put in track
by contractor’s manpower as per IRPWM manual before relaxing speed restriction to
normal. The rates for this activity are included in rates of scheduled items and
nothing extra will be paid.
xii) Minimum 2 hrs traffic blocks will be made available to the contractor for deep
screening of track by BCM. The block duration shall be considered from the time
authority to proceed is given to the machine in-charge till the block clearance is given
to the station master.
xiii) The machines shall be available for working for average 25 days in a month,
averaged over a period of 12 months except during the declared duration of minor/
major overhauling. One spell of 30 days will be allowed for minor over haul after
every 2 years and one spell of 90 days will be provided for major over haul. The first
spell shall be allowed after minimum of 18 months from start of the work at site, i.e.,
availing first block at site. Total 1 minor and 1 major or 2 minor overhaul will be
allowed during the tendered duration of 4.5 years. The period of overhaul will be
excluded for calculation of average availability of machine.
xiv) Track parameters to be maintained in tamping work should generally be as follows:
(a) Uneveness ± 2 mm on 7.2 m Chord
(b) Cross level ± 1 mm
(c) Alignment ± 2 mm on 7.2m Chord
(d) Twist 1 mm/m
xv) The siding for stabling, repair and maintenance of the track machine shall be
provided by the Railways free of charge. The arrangements for security and other
amenities shall be arranged by the Contractor at his own expences. Howvever,
electric and water connection may be provided by the railways, if available at/near
siding, on payment basis on the request of the firm.
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xvi) Contractor should make his own arrangements for storage of spare parts, materials
etc. at his own cost. However, material coach can be stabled in same siding subject
to availability of space, for which no charge will be levied by Railways.
xvii) Accommodation of the staff shall be arranged by the Contractor at his own cost.
Contractor may use camp coaches with bio-toilets as per RDSO drawing No.
RDSO/TM/01/11 for accommodation of staff. Such camp coaches, if used, can be
stabled in same siding subject to availability of space for which no charge will be
levied by Railways.
xviii) The Contractor shall arrange the transportation of his employees from their places of
accommodation to the work site and back at his own.
xix) The track machines involved in Deep Screening of ballast operations shall be able to
bypass obstacles located within the envelope of the operating elements of the
machine. Block time lost in bypassing the obstacles shall be counted towards
allowed block time.
xx) Operations for the removal/installation of electrical, signaling and telecommunication
cables shall be carried out by the Railways.
7.0 Scheduled Operation:
i) Prior to undertake the deep screening work, a survey of existing track will be
carriedout by the contractor and L-section of the track will be putup to SrDEN
for approval. The deep screening work will start only after approval of the L-
Section. Adjustment of the track geometry, compaction and stabilization of the
track shall be carried out so as to attain the final track geometry after the work
(final tamping) in accordance with the approved L-section. Final dressing of
the ballast section shall be in accordance with the Indian Railways (LWR)
Long Welded Rail Manual, subject to availability of ballast.
ii) The track machines shall be ready to work daily atleast 2 hours before the
proposed block timing as decided in monthly planning. The time of block may
shift due to the local traffic conditions/circumstances of the site and no claim
on this account shall be entertained. The break between two successive
blocks shall be at least 3 hours. One or two hours shifting time may be taken
from stabling siding to station nearest to work site according to sectional traffic
condition.
iii) To move the complex of machines from stabling siding to the work site and
back, the Railways shall provide the Contractor with a staff, who is aware of
the route to provide the directions for travel
iv) Before start of new site/ shifting of machine base stabling siding, a program
will be prepared by the contractor and got signed by both the Contractor and
Railways (Through ADEN) which will include the following:
· Location of the work
· Location and length of stabling siding
· Electric and water connection, whether available and can be provided by
Railways or not.
· Approved L-section of track
· Requirement of distressing before and/or after the work
· Disposal of muck
· Proposed schedule of blocks
· Site specific precautions
· Schedule of ballast supply
· Any other item as considered necessary for the work
v) According to required/available block timing, day or night working will be
decided by the Railway official on machine in consultation with traffic
controllers and same will be communicated to the contractors persons well in
time for next working spell.
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vi) During block all essential safety and other railways working rules shall be
followed by the contractor as well as IR staff without any biases.
vii) Required pre ballast cleaning preparation and during screening, essentials
norms will be followed by the machine staff to avoid any mishaps.
viii) During operation all necessary consumables including fuels and spare parts,
tools & plants etc will be arranged by firm and no extra payment will be made
for these.
ix) No compensation for non-availability of block will be provided to firm.
x) In case of failure of track machines, the Contractor shall promptly inform the
Railways. Information shall be provided on paper or electronically in a format,
which shall be specified by the Railways. The format may be changed from
time to time, as required by Railways.
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The track machines shall be put into operation no later than 18 months from the date of
issue of acceptance letter failing which a penalty of Rs. 30,000.00 per day will be
imposed on the Contractor.
1. The contractor is responsible for ensuring the availability of machine for 08 hour every
day for operation (which may be increased by up to 3 hours depending on traffic
condition in the section during operation). The shift will be counted from the time all
machines in the complex will be offered for working to railway representative at site in
writing till machine reach to siding after the work is over.
During maintenance shift to ensure its upkeep, the stipulated maintenance of machine
along with preventive checks and schedule maintenance of machine including all
assemblies (like engines, generators, Hydraulic system, Pneumatic system and
electrical control system etc.) and sub-assemblies (various water & HSD oil pumps,
sensors etc) as specified by OEM/supplier updated time to time shall be carried out by
the contractor.
2. The contractor has to ensure sufficient number of operators, technician and helpers staff
required for operation and maintenance of machine. The guidance may be taken from
IRTMM for scale of staff, which is reproduced below:
Table 1: Scale of staff for one track machine, deployed for the work as per IRTMM
SN Machine Operator Technician Helper
1 BCM 3 3 4
2 WST 2 3 3
3 DGS 2 2 2
4 BRM 2 2 3
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The operators shall be certified by the Original Equipment Manufacturer (OEM) and shall
have certificate for training in train operation issued by ZRTI/IR and shall be medically fit
in A-1 Category as per IR norms. Based on these three requirements, DyCE/TMC/L will
issue an authorization certificate for machine operation for a period governed by validity
of above mentioned three basic requirements.
For initial/refresher course for operators to be done for train operation from ZRTI/IR
during the currency of this contract and Periodical Medical Examination (PME) certificate
to be issued by the medical department of IR, all charges shall be payable by the
contractor. Railways shall facilitate in expediting the process.
The Operator, Technician and Helper shall be atleast diploma, ITI and 10th pass
respectively. Out of all operators, one operator shall be alteast graduate in Civil /
Electrical / Mechical / Electronics engineering who will also act as site in-charge of the
contractor.
The Contractor shall submit along with tender a list of number of different type of staff
(Operator, Technician and Helpers) proposed to be deployed with each machine
complex for working and maintenance.
3. The machine will work on IR with the trains running on adjacent tracks. The contractor
must ensure the care /safety/health hazards of the labours engaged by him/her during
the course of the execution of work. Necessary safety equipment shall be provided by
the contractor for the staff engaged by the contractor and also for 2-4 IR official
nominated on this machine. No extra amount is payable toward this.
4. The contractor's staff & labour shall not have any claims of appointment in Railways in
future.
5. Authorized Railway's representative having route learning of the particular section where
the Machine is working will be present for supervising the work and to monitor the
movement of the Machine from one section to another. Machine shall not be moved
without authorized Railway's representative. The Railway’s representative would be
provided free of charge.
6. Machine shall be made available for operation for minimum period of 22 days in a month
and 300 days in 12 consecutive months. The balance days are meant for various
maintenance functions during which all maintenance activities, except minor and major
overhauling, are to be completed by the contractor. While the Machine is on transit from
one station to another or waiting for loco for hauling, it will be considered as available
unless the Machine is under breakdown preceding to this.
7. The contractor will be responsible for ensuring the availability of machine for eight hours
every day for at least 22 days a month and the availability certificate will be rendered.
During these 8 hours (which may be in two shifts with one break of minimum upto 3
hours) of daily availability of machine, the actual working hours before, during and after
the block will be generally about 4 hours per day.
The reduced machine availability of machine will attract penalties. The machine
availability for penalties purposes will be worked out by taking average availability of
machine after 12 months (300 days over 12 months). Availability of machine for
availability less than 300 days in 12 months period on account of contractor will invite a
penalty of Rs 30,000/- per day. The penalty certificate will be rendered. Time allowed for
major and minor overhauling will be excluded for the purpose of calculating both the 12
month period as well as 300 days availability.
8. When the Machine is on transit with its own power from one station to another, the
Machine shall be made available for movement in two shifts of 10 hours each (2x10
hours) in 24 hours time frame till it reaches destination, since there will be no routine
maintenance. The staff of operation and maintenance shall be so redistributed that at
least one operator and three other staff are available in each shift during transit. The
movement of machine shall be made only in the presence of authorised Railway
representative having route learning of the section. Machine under shifting shall be
considered to be available for clause 6 & 7.
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Annexure-SOD
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ANNEXURE – A
1. We……………………( indicate the name of the Bank) hereinafter referred to as the Bank,
undertake to pay to the Government an amount not exceeding Rs………. ( Rs……..only) on
demand by the Government.
2. We…………… ( indicate the name of the bank, further agree that ( and promise) to pay
the amounts due and payable under this guarantee without any demur merely on a
demand from the Government through the FA &CAO/X, Northern Railway, Baroda House
New Delhi-110001, stating that the amount claimed is due by way of loss or damage
caused to or would be caused or suffered by the Government by reason of any breach by
the said contractor of any of the terms of conditions contained in the said agreement or
by reason of the contractor 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……….. ( Rupees…………. ……………….Only).
3. (a) We …………… ( indicate the name of Bank ) further undertake to pay to the
Government any money so demanded notwithstanding any dispute or dispute raised by
the contractor(s) in any suite or proceeding pending before any court or Tribunal relating
to liability under this present being absolute and unequivocal.
(b) The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the contractor(s) shall have no claim against us for making
such payment.
4. We,…………….. (indicate the name of bank) to 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 dues of the Government under or by virtue of the said agreement have been fully
paid and its claims satisfied or discharged by ……….. (Designation & Address of contact
signing authority) on behalf of the Government, certify 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.
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5 (a) Not withstanding anything to the contrary contained herein the liability of the bank
under this guarantee will remain in force and effect until such time as this guarantee is
discharged in writing by the Government or until (date of validity/ extended validity)
whichever is earlier and no claim shall be valid under this guarantee unless notice in
writing thereof is given by the Government within validity/ extended period of validity of
guarantee from the date aforesaid.
(b) Provided always that we…………….. (indicate the name of the Bank) unconditionally
undertakes to renew this guarantee on to extend the period of guarantee form year to
year before the expiry of the period or the extended period of the guarantee, as the case
may be on being called upon to do so by the Government. If the guarantee is not
renewed or the period extended on demand, we ………. (indicate the name of the Bank)
shall pay the Government the full amount of guarantee on demand and without demur.
6. We, …………….. (indicate the name of Bank) further agree with the Government that the
Government shall have the fullest liberty without our consent and without effecting in any
manner out of obligations hereunder to vary any of the terms and conditions of the said
contract from time to time or to postpone for any time or from time to time any to the
powers exercisable by the Government against the said contractor (s) and to forbear or
enforce any of the terms and conditions of 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 bearance 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 for the said reservation would
relive us from the liability.
7. This guarantee will not be discharged by any change in the constitution of the Bank or
the Contractor(s).
8. We, (indicate the name of the Bank) lastly undertake not to revoke this
guarantee except with the previous consent of the Government in writing.
9. This guarantee shall be valid upto---- (date of Completion plus 60 days). Unless
extended on demand by Government. Notwithstanding anything to the contrary contained
hereinbefore, our liability under this guarantee is restricted to Rs…………….. (
Rs………………………..only) unless a demand under this guarantee is made on us in writing
on or before…………….. we shall be discharged from our liabilities under this guarantee
there after.
1………………………………….
2………………………………..
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ANNEXURE-B
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ANNEXURE – C
PROFORMA
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
1. Topography of area.
3. Rates for material, water, electricity including all local taxes, royalties, octroi etc.
4. Availability of local labour (both skilled and unskilled) and relevant labour rates and
labour laws.
5. The existing roads and approaches to the site of work and requirements for further
6. The availability and rates of private land etc. that shall be required by me/us for various
purposes.
I/We have quoted my/our rates for various items in the schedule of items, quantities and
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ANNEXURE-‘D’
(tick as appropriate)
3. Year of establishment.
4. Registered Head Office,
Address.
We have uploaded with the tender, all the requisite documents pertaining to the constitution
documents , our tender shall be treated as having been submitted by the individual who has
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ANNEXURE – E
S.No Particulars No. of Kind & Capacity Date by Age & Work on
would be
available
for use
on this
work
1 2 3 4 5 6 7 8
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ANNEXURE –F
work.
1 2 3 4 5 6
Signatures of Tenderer/s
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ANNEXURE-G
S. No. Name and place Authority /agency for which Date of award & agreement
1 2 3 4
5 6 7 8
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ANNEXURE – H-1
1 2 3 4 5
n cost
6 7 8 9
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ANNEXURE 'H-2'
Detail of contractual payment received in last three financial year and current
financial year.
year
1 2 3 4 5 6
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ANNEXURE-J
FORMS
FORM NO.E-5 Appendix-VIII
Real Time Gross Saving (RTGS)/National Electronic Fund Transfer(NEFT)
Model Mandate Form
(Investor/customer’s option to receive payments through RTGS/NEFT)
1. Investor/customer’s name
2. Particular’s of Bank Account:
A) Name of the Bank:
B) Name of the Branch.
Address
Telephone No.
C) RTGS/NEFT IFS Code.
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 a 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 he particulars furnished above are correct as per our records.
Bank’s Stamp
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Annexure K
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. The Partnership firm should be registered with
Registrar of Firms on or before date of opening of tender. Tenderer shall
submit document(s) in support of registration of firm with registrar of firms viz.
Registration certificate, Form-A,FormB/ Form-C(As Applicable) etc. issued by
registrar of firms. Tenderer shall also submit Notary certified copy of
Partnership Deed.
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 the 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. Incase 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 submitted only in the name of partnership firm and not in
the name of any constituent partner. The EMD (Earnest Money Deposit) shall be
submitted ONLINE along with the tender in terms of the provisions contained in
clause 3.0 (Earnest Money) of tender document.
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 submitted along with tender.
9. Tenderer shall submit Notary certified copy of Partnership Deed.
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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:-
(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) Tenderer shall submit document(s) in support of registration of firm with
registrar of firms viz. Registration certificate, Form-A, Form-B / Form-C(As
Applicable)etc. issued by registrar of firms. Tenderer shall also submit Notary
certified copy of Partnership Deed.
(b) Power of Attorney authenticated by a Notary Public 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-2018.
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 2.3.2 (A) (V) of special tender conditions and
instructions for tenderers” ) in its own name and style;
OR
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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 2.3.2 (A) (V) 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 2.3.2 (A) (VI) 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
2.3.2 (A) (VI) of special tender conditions and instructions for tenderers”).
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Annexure - L
NORTHERN RAILWAY
(Standard Format)
COMPLETION CERTIFICATE
The work of “------------------- (Full name of the work) -------------------------” has been
Completed with following details:-
It is certified that the above work has been completed successfully in accordance with
provisions of contract.
(----------------------------)
Name & Signature
Issuing authority with seal
Date of issue of certificate:------
Case File No.:-------------------------------
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Annexure - M
Break up of Maximum value of turnover for contractual works received in any one year
during the last three years and current financial year (Bid capacity clause).
Cumulative value
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Annexure-N-1
Request letter from Executive branch to Accounts Office for opening of LC
The PFA/Sr.DFM/Dy.FA
HQ/Division/Workshop/ Cost.
Sub: Opening of LC
Ref: Supply Order/Contract Agreement No.
It is certified that the supplier/contractor has exercised the option of taking payment due
against the tender, through LC arrangement in IREPS portal at the time of bidding itself
and the option has been flagged in the IREPS. This has the approval of
______________.
(Signature)
Name ______________
Designation_________
(Official Seal)
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Annexure-N-2
LCDA No. (18 DIGIT IPAS GENERATED NO.) :___________________
Dated:___________________
DOCUMENT OF AUTHORIZATION
The details of payments already made to the beneficiary under this Letter of Credit are
as follows:
Total
Pai
d
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Annexure-O-1
(to be executed non judicial stamp paper of appropriate value as per law of state concerned-
Non Judicial stamp paper should be purchased in the name of proprietor of the firm)
DEPONENT
Verification:
Verified at…………….on this …………day of………..that the contents of my above affidavit are
true and correct to the best of my knowledge and belief and nothing material has been
concealed there from.
DEPONENT
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Annexure-O-2
POWER-OF-ATTORNEY FOR SIGNING OF BID ON BEHALF OF PARTNERSHIP FIRM
(to be executed non judicial stamp paper of appropriate value as per law of state
concerned-Non Judicial stamp paper should be purchased in the name of partners
of the firm)
KNOW ALL MEN BY THESE PRESENTS: WHEREAS WE
(1)………………………….. S/o Shri…………………………. R/o………………………….
(2)………………………….. S/o Shri……………………..…… R/o…………………..………
(3)……………………… … S/o Shri………………………….. R/o………………………….
(4)…………………………. S/o Shri………………………….. R/o………………….………
AND WHEREAS we all the above named partners have on………………….(date) given our
consent on behalf of firm to participate in the tender
No.___________________________________ issued by Northern Railway for the work
namely “____________________________________________________________”
We the above named partners of above named firm do hereby irrevocably constitute, nominate,
appoint and authorize Mr./ Ms. ____________S/o
Shri____________(address)______________________& Mr./ Ms. ____________S/o
Shri____________(address)______________________ as our true and lawful attorney
(hereinafter referred to as “Attorney”) of the firm to jointly or severally exercise all or any of the
following powers for and on behalf of M/S ………………… …………………………………………
(name of firm) in connection with aforesaid bid:
1. To sign and submit Tender and participate in the aforesaid bid of the Northern Railway on
behalf of the firm.
2. To sign and submit all the necessary papers, letters, forms, quotes, bids etc. on behalf of
firm.
3. To negotiate, discuss, agree to make any amendments, alterations or modifications
thereto and to make representations, submit papers, affidavits and to do any other act
and complete requisite formalities on behalf of the firm in connection with completion of
aforesaid tender work and to enter into liability against the firm.
4. To sign, execute the contract with Northern Railway for and on behalf of the firm.
5. And generally to do all such acts, deeds or things as may be necessary or proper for the
purposes mentioned above.
We on behalf of firm undertake that it shall not cancel or amend this power of Attorney without
obtaining previous written consent of Northern Railway.
We on behalf of firm hereby agree that all acts, deeds or things lawfully done by the said
Attorneys or either of them under the authority of this power shall be construed as acts, deeds
and things done by the firm and we hereby undertakes to confirm and ratify all and whatsoever
the said Attorneys or either of them shall lawfully do or cause to be done by virtue of the powers
hereby given.
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IN WITNESS WHEREOF this deed has been signed and sealed by us the under named, on
this………………… day of………………… 20…. , in presence of:
WITNESSES:
1……………………………..
…………………………………..
2. ……………………………..
…………………………………..
3. ……………………………..
…………………………………..
4. ……………………………..
…………………………………..
Signature
Name:
Address:
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Annexure-O-3
POWER-OF-ATTORNEY ON BEHALF OF THE JOINT VENTURE
(to be executed non judicial stamp paper of appropriate value as per law of state
concerned-Non Judicial stamp paper should be purchased in the name of the
members of Joint Venture)
KNOW ALL MEN BY THESE PRESENTS THAT WE THE PARTIES whose details are given
here under:
1. ……………………………………………………………………………………………………
……………….(name of constituent) …………………………………………..(address) as
the first party.
2. ……………………………………………………………………………………………………
……………….(name of constituent)…………………………………………..(address) as
the second party.
Have entered into a Joint Venture agreement for the purpose of securing the work advertised
by Northern Railway vide NIT No……………………………………….details of works are as
under: “……………………………………………………………………………………………”
We the above said parties, through this power of Attorney do hereby irrevocably constitute,
nominate, appoint and authorize Mr./ Ms. ____________S/o Shri ____________(address) who
is presently holding the position of ………………………………… in
………………………………………the firm/ company as our true and lawful attorney (hereinafter
referred to as “Attorney”) of the Joint Venture to jointly or severally exercise all or any of the
following powers for and on behalf of
“………………………………………………………………………… (name of JV) in connection
with aforesaid bid:
1. To sign and submit Tender and participate in the aforesaid bid of the Northern Railway
on behalf of the Joint Venture.
2. To sign and submit all the necessary papers, letters, forms, quotes, bids etc. on behalf
of Joint Venture
3. To negotiate, discuss, agree to make any amendments, alterations or modifications
thereto and to make representations, submit papers, affidavits and to do any other act and
complete requisite formalities on behalf of the Joint Venture in connection with completion of
aforesaid tender work and to enter into liability against the Joint Venture.
4. To sign, execute the contract with Northern Railway for and on behalf of the Joint
Venture.
5. And generally to do all such acts, deeds or things as may be necessary or proper for the
purposes mentioned above on behalf of Joint Venture.
The Joint Venture agrees and undertakes that in the event of any change in the constitution of
the Joint Venture the rights and obligations of the Joint Venture shall continue to be in full force
without any effect thereof.
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We all the members of Joint Venture undertake that we shall not cancel or amend this Power of
Attorney unilaterally and without prior written consent of Northern Railway.
AND the Joint Venture hereby agrees that all acts, deeds or things lawfully done by the said
Attorneys or either of them under the authority of this power shall be construed as acts, deeds
and things done by the Joint Venture and the Company hereby undertakes to confirm and ratify
all and whatsoever the said Attorneys or either of them shall lawfully do or cause to be done by
virtue of the powers hereby given.
IN WITNESS WHEREOF the members constituting the Joint Venture as aforesaid have
executed these present, on this………………… day of………………… 20…. , under the
common seal(s)/seals of their companies and/or firms(s), in presence of:
WITNESSES:
1. Signature Signature of authorized signatories & their Seals:
Name:
Address:
Seal
Notes: 1. In this format space has been provided for entering details of two constituents of the
JV however if the number vary the details may accordingly be entered.
2. The document should be notarized at its place of execution (Place of signing the document)..
3. Each page of the document should be signed by executants.
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Annexure-O-4
CONSENT OF PARTNERS OF PARTNERSHIP FIRM FOR SIGNING JOINT VENTURE
(to be executed on non-judicial stamp paper as per tender conditions-Non Judicial stamp
paper should be purchased in the name of partners of the firm)
all are the partners of a partnership firm namely M/S ………………… ……………………(Name
of firm) hereinafter referred to as „firm‟, which is registered at Registration
No………………………by Registrar of Firms…………………………. The firm is having its head
office at……………………………………………………………………………..
Further we all the above named partners on behalf of the above named firm hereby give our
consent to enter in to Joint Venture agreement, with M/S__________________________&
M/S___________________________ (name of other constituent(s) of joint venture) and to
participate in tender as Joint Venture aforesaid.
Date:
Place:
Executants Partners
(Name ) ( Signature)
1…………………………….. …………………………………..
2. …………………………….. …………………………………..
3. …………………………….. …………………………………..
4. …………………………….. …………………………………..
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DyCETMCL-MDS-11-18-19
Annexure-O-5
POWER-OF-ATTORNEY FOR SIGNING JOINT VENTURE AGREEMENT ON BEHALF OF
PARTNERSHIP FIRM
(to be executed non judicial stamp paper of appropriate value as per law of state
concerned-Non Judicial stamp paper should be purchased in the name of partners
of the firm)
AND WHEREAS we all the above named partners have on………………….(date) given our
consent on behalf of firm to participate in the tender
No._________________________________ issued by Northern Railway for the work namely
“__________________________________________________________________ ”in Joint
Venture with M/S……………………………………..& M/S……………………………………..
We the above named partners of above named firm do hereby irrevocably constitute, nominate,
appoint and authorize Mr./ Ms. ____________S/o Shri____________
(address)______________________ & Mr./ Ms. ____________S/o Shri____________
(address)______________________ as our true and lawful attorney (hereinafter referred to as
“Attorney”) of the firm to jointly or severally exercise all or any of the following powers for and on
behalf of M/S ………………………………………………………………………… (name of firm) in
connection with aforesaid bid:
1. To enter into and execute and sign JOINT VENTURE agreement, on behalf of our firm
with M/S………………………………………& M/S……………………………………………….
2. To sign and submit all the necessary papers, letters, forms, quotes, bids etc. in
connection with aforesaid bid.
3. To negotiate, discuss, agree to make any amendments, alterations or modifications
thereto and to make representations, submit papers, affidavits and to do any other act and
complete requisite formalities on behalf of the firm in connection with completion of aforesaid
tender work and to enter into liability against the firm.
4. To sign, execute the contract with Northern Railway for and on behalf of the firm.
5. And generally to do all such acts, deeds or things as may be necessary or proper for the
purposes mentioned above and to enter into liability against the firm.
Page 91 of 103
DyCETMCL-MDS-11-18-19
We on behalf of firm undertake that it shall not cancel or amend this power of Attorney without
obtaining previous written consent of Northern Railway.
We on behalf of firm hereby agree that all acts, deeds or things lawfully done by the said
Attorneys or either of them under the authority of this power shall be construed as acts, deeds
and things done by the firm and we hereby undertakes to confirm and ratify all and whatsoever
the said Attorneys or either of them shall lawfully do or cause to be done by virtue of the powers
hereby given.
IN WITNESS WHEREOF this deed has been signed and sealed by us the under named, on
WITNESSES:
1. Signature Executants Partners
Name:
Address: (Name ) ( Signature)
1……………………………..
…………………………………..
2. Signature 2. ……………………………..
Name: …………………………………..
Address: 3. ……………………………..
…………………………………..
4. ……………………………..
…………………………………..
(1) Name………………………………Signature……………………
(2) Name………………………………Signature……………………
Page 92 of 103
DyCETMCL-MDS-11-18-19
Annexure-O-6
AFFIDAVIT BY SOLE PROPRIETORSHIP FIRM WHEN PARTICIPATING IN JOINT
VENTURE
(to be executed non judicial stamp paper of appropriate value as per law of state
concerned- Non Judicial stamp paper should be purchased in the name of proprietor of
the firm)
DEPONENT
Verification:
Verified at………….on this …………day of…………..that the contents of my above affidavit are
true and correct to the best of my knowledge and belief and nothing material has been
concealed therefrom.
DEPONENT
Page 93 of 103
DyCETMCL-MDS-11-18-19
Annexure-O-7
Board‟s Resolution of company for entering into Joint Venture (To be printed on
Company‟s letter head)
Whereas the Board has been described about NIT No. _____________________________
issued by Northern Railway for the work namely
“___________________________________________________________________”.
Board discussed the matter and after discussion following resolution was passed:
RESOLVED THAT the company (company name) shall participate in the above tender in Joint
Venture and for the purpose the company shall enter into and execute joint venture agreement,
with M/S__________________________& M/S___________________________ (name of
other constituent(s) of joint venture).
Resolved further that the Board authorizes, Mr./ Ms. __________________________& Mr./ Ms.
__________________________ (name and designation) of the company, to jointly or severally,
sign joint venture agreement, and to sign such other documents and to do any other act and
complete requisite formalities on behalf of the company in connection with completion of
aforesaid tender work and to enter into liability against the company.
The acts done and documents executed by such above named authorized person(s) shall be
binding on the company.
For the Organization,
Page 94 of 103
DyCETMCL-MDS-11-18-19
Notes: 1. In this format space has been provided for entering details of two constituents of
the JV and two authorized persons however if the number vary details may
accordingly be entered.
2. The document should be notarized at its place of execution (Place of signing the
document)..
3. Each page of the document should be signed by authorized signatory(s).
Page 95 of 103
DyCETMCL-MDS-11-18-19
Annexure-O-8
(to be executed non judicial stamp paper of appropriate value as per law of state concerned-
Non Judicial stamp paper should be purchased in the name of the company)
in Joint Venture and for the purpose the company shall enter into and execute joint venture
agreement with M/S_______________________ & M/S_________________________(name
of other constituent(s) of joint venture) AND THAT M/S_________________________(name of
the lead member of joint venture) shall act as the lead member of above mentioned joint
venture.
1. To enter into and execute and sign JOINT VENTURE agreement, draft of which has
been approved by the company, on behalf of the company with above named
constituents for participating in the aforesaid bid of the Northern Railway on behalf of
the company.
2. To sign and submit all the necessary papers, letters, forms, quotes, bids etc.
3. To do any other act and complete requisite formalities on behalf of the company in
connection with completion of aforesaid tender work and to enter into liability against
the company.
4. And generally to do all such acts, deeds or things as may be necessary or proper for
the purposes mentioned above.
Page 96 of 103
DyCETMCL-MDS-11-18-19
The company agrees and undertakes that in the event of any change in the constitution of the
company the rights and obligations of the company shall continue to be in full force without any
effect thereof.
The company undertakes that it shall not cancel or amend this power of Attorney without
obtaining previous written consent of Northern Railway.
AND the Company hereby agrees that all acts, deeds or things lawfully done by the said
Attorneys or either of them under the authority of this power shall be construed as acts, deeds
and things done by the Company and the Company hereby undertakes to confirm and ratify all
and whatsoever the said Attorneys or either of them shall lawfully do or cause to be done by
virtue of the powers hereby given.
IN WITNESS WHEREOF this deed has been signed and sealed by Shri…………………………..
(name and designation), on this………………… day of………………… 20… , in presence
of:
WITNESSES:
1. Signature Executants‟ Signature& Seal of company
Name: Name:
Address: Designation
2. Signature
Name:
Address:
Notes: 1. In this format space has been provided for entering details of two
constituents of the JV and two authorized persons/attorney holders however if
the number vary the details may accordingly be entered.
2. The document should be notarized at its place of execution (Place of signing the
document)..
3. Each page of the document should be signed by executants.
Page 97 of 103
DyCETMCL-MDS-11-18-19
Annexure-O-9
1. To sign and submit Tender and participate in the aforesaid bid of the Northern Railway
on behalf of the company.
2. To sign and submit all the necessary papers, letters, forms, quotes, bids etc.
3. To negotiate, discuss, agree to make any amendments, alterations or modifications
thereto and to make representations, submit papers, affidavits and to do any other act
and complete requisite formalities on behalf of the company in connection with
completion of aforesaid tender work and to enter into liability against the company.
4. To sign, execute the contract with Northern Railway for and on behalf of the company.
5. And generally to do all such acts, deeds or things as may be necessary or proper for the
purposes mentioned above.
The company agrees and undertakes that in the event of any change in the constitution of the
company the rights and obligations of the company shall continue to be in full force without any
effect thereof.
The company undertakes that it shall not cancel or amend this power of Attorney without
obtaining previous written consent of Northern Railway.
Page 98 of 103
DyCETMCL-MDS-11-18-19
AND the Company hereby agrees that all acts, deeds or things lawfully done by the said
Attorneys or either of them under the authority of this power shall be construed as acts, deeds
and things done by the Company and the Company hereby undertakes to confirm and ratify all
and whatsoever the said Attorneys or either of them shall lawfully do or cause to be done by
virtue of the powers hereby given.
IN WITNESS WHEREOF this deed has been signed and sealed by Shri…………………………..
(name and designation), on this………………… day of………………… 20…., in presence of:
WITNESSES:
1. Signature Executants‟ Signature& Seal of company
Name: Name:
Address: Designation
2. Signature
Name:
Address:
Notes: 1. In this format space has been provided for entering details of two
authorized persons/attorney holders however if the number vary details may
accordingly be entered.
2. The document should be notarized at its place of execution (Place of signing the
document)..
3. Each page of the document should be signed by executants.
Page 99 of 103
DyCETMCL-MDS-11-18-19
Annexure-O-10
Board‟s Resolution of company incorporated under companies Act for submitting
Tender by company
(To be printed on company‟s letter head)
RESOLVED THAT the company (company name) shall participate in the above tender .
Resolved further that the Board authorizes, Mr./ Ms. __________________________& Mr./ Ms.
__________________________ (name and designation) of the company, to jointly or severally
sign and submit all the necessary papers, letters, forms, quotes, bids etc, negotiate, discuss,
agree to make any amendments, alterations or modifications thereto and to make
representations, submit papers, affidavits and to do any other act and complete requisite
formalities on behalf of the company in connection with completion of aforesaid tender work and
to enter into liability against the company.
The acts done and documents executed by such above named authorized person(s) shall be
binding on the company.
Notes: 1. In this format space has been provided for entering details of two
authorized persons however if the number vary details may accordingly be
entered.
2. The document should be notarized at its place of execution (Place of signing the
document).
3. Each page of the document should be signed by authorized signatory(s).
ANNEXURE-‘O-11’
WHEREAS all the parties are engaged mainly in the business of execution of Civil Engineering
and General Contracts for various Government Departments and organizations.
WHEREAS the parties herein above mentioned are desirous of entering into a Joint Venture for
carrying on Engineering and/or contract works in connection with
……………………………………. and other works mentioned in Tender Notice
No…………………. dated …………. of Northern Railway or any other work or works, as
mutually decided between the parties to this Joint Venture.
WHEREAS all the parties are desirous of recording the terms and conditions of this Joint
Venture to avoid future disputes.
1. That in and under this Joint Venture agreement the work will be done jointly by the
First party and Second party in the name and style of M/s
……………………
..………………(Joint Venture of M/s …………………………….…….. M/s……….
…………………………. and M/s ………………………………….. )
2. That all the parties shall be legally liable, severally and or jointly responsible for the
satisfactory/successful execution/completion of the work in all respects
and in accordance with terms and conditions of the contract.
3. That the role of each constituent of the said Joint Venture in details shall be as
under:
4. The share of profit and loss of each constituent of the said Joint Venture shall be as
under
5. That all the parties of this Joint Venture shall depute their experienced staff as
committed commensurating with their role and responsibility and as
required for the successful completion of the works in close consultation
with each other.
6. That the investment required for the works under this Joint Venture shall be brought in
by the parties as agreed to between them from time to time.
7. That all the Bank Guarantee shall be furnished jointly by the parties in the name of
Joint Venture.
9. That all the above noted parties i.e. ………………………………….. not to make any
change in the agreement without prior wrtitten consent of the Railway.
NOW, the parties have joined hands to form this Joint Venture on this ………..Day of
………………… two thousand ………..with reference to and in
confirmation of their discussions and understanding brought on record on
………
IN WITNESS THEREOF, all /both the above named parties have set their respective
hands on ……….the day ……….. and year …………. First above
mentioned in the presence of the following witness:
WITNESSES:
1. First party.
2. Second party
END OF DOCUMENT