You are on page 1of 103

DyCETMCL-MDS-11-18-19

PACKET-1

Technical cum Commercial Bid

NORTHERN RAILWAY
(TOP SHEET)

(A) Details to be filled in by Railway:

Mode of Tender Two Packet System

Tender Notice No. DyCETMCL-MDS-11-18-19 Dated 11.02.2019

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

Completion period 54 (Fifty four) Months

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.

Pre bid conference For clarification, pre-bid conference will be held on


26.02.2019 at 11.00 hrs in Engineering Conference Hall,
Baroda House, New Delhi. It is not mandatory to attend pre-
bid conference to participate in the tender.
Last date/Time of upload of 15.03.2019 upto 15.00 hours
tenders
Date and time of opening of 15.03.2019 at 15.00 hours (immediately after close of
tender uploading of tender (D2)

Date/Time of Opening of Tenders can be uploaded up to 15.00 hrs. on 15.03.2019 upto


Tender (Packet-I, Technical 15.00 hours and the Technical cum Commercial Bids will be
cum Commercial Bid) opened immediately after close of uploading of tender (D2)
i.e. 15.03.2019 at 15.00 hrs. Financial bids of the eligible
tenderers would be opened subsequently on the date & time
to be notified later on

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

(B) Mandatory details to be filled in by tenderer while uploading their offer:

1 Constitution of the firm/ Concern Sole Proprietorship/ Partnership Firm/ Company


(Tick as applicable) / JV/ Society

2 Full name of Sole Proprietorship/


Partnership firm/ Company/ JV/
Society (as the case may be)

3 Year of formation/ incorporation

4 PAN No.

5 Registered Office Address

6 Address on which correspondence


regarding this tender should be
done

7 Names of the Proprietor/


Partners/JV members etc

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.

(ii) Special attention of tenderers is drawn to clause 14 of “Instruction to tenderers”, as


per which the tenderer must submit alongwith tender, the documents mentioned
therein pertaining to constitution of firm/ concern.

(iii) Special attention of tenderers is drawn to clause 11 of “Instruction to tenderers as


per which they should submit the requisite documents along with tender pertaining
to their technical & financial eligibility.

Signature of the tenderer

Name of signatory___________________.

Page 2 of 103
DyCETMCL-MDS-11-18-19

(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).

1. Requisite earnest money, ON LINE mode (No Documentary Proof required)

2. Cost of tender document, ON LINE mode (No Documentary Proof required)

3. All requisite documents mentioned in clause 14 of “Instruction to tenderers” pertaining


to constitution of firm/concern. (As applicable) without which the offer will be considered
incomplete and will be rejected summarily.

4. All requisite documents/credentials mentioned in clause 11 of “Instructions to


tenderers” pertaining to his/their technical and financial eligibility. (As applicable)
without which the offer will be considered incomplete and will be rejected summarily

5. Tenderers are compulsorily required to upload Affidavit as per Annexure–V as


stipulated in 11(iv) of “Instruction to tenderers” without which the offer will be
considered incomplete and will be rejected summarily.

6. Tenderer(s) are compulsorily required to upload detail statement of works being


executed/in hand on prescribed format as per Annexure-H-1 & maximum value of
contractual payment received in any one year in last three years & current financial
year as per Annexure-M as stipulated in Clause No. 10.3 of “Instructions to
Tenderer(s)” without which the offer will be considered as incomplete and will be
rejected summarily.

7. Tenderers are required to upload requisite details in prescribed Performa of Annexure


C to G, H-2, J & L without which the offer is liable to be rejected.

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.

(ii) After opening of tender, any document/credential pertaining to technical, financial


eligibility and available Bid Capacity constitution of firm etc. shall neither be asked nor be
entertained/ considered under any circumstances and no claim or representation
whatsoever from the tenderer in this regard shall be entertained. However Railway
reserves the right to ask for any clarification on the documents/credentials already
submitted by the tenderer along with the offer.

(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

Page 3 of 103
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

SN Name of work Approx Similar Cost of


Cost / nature of tender
Earnest work / document
Money Period of .
completi
on
1 Deep screening of all types of Track over entire Rs. 51.3 As per Rs.
width of ballast profile including track on turnout, Crores/ tender 25,000/-
in cutting, on high bank/bridges, track circuited Rs. docume
area, track with PSC/CST/Steel/Wooden 2715200/- nt /
sleepers with 90R/52 kg/ 60 kg or any other rails (Rs 54
by mechanized means along with mechanised twenty Months
tamping and stabilization of track using a seven
complex of track machines consisting of Ballast lakhs,
cleaning machine, tamper and stabilizer using fifteen
contractor’s own machines along with his own thousands
spares, consumables including fuel, staff etc. for and two
operation and maintenance of the machines and hundred
other operations for carrying out the work of only)
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.

TENDER/OFFER WITHOUT EARNEST MONEY WILL BE SUMMARILY REJECTED


Critical Dates
Code Activity Date
D0 Issue of Tender Notice on www.ireps.gov.in 12.02.2019
PB = Pre-bid conference 26.02.2019
D1 = Start of submission of offer on www.ireps.gov.in 01.03.2019
D2 = · End of Availability of Tender Documents at 15.03.2019
www.ireps.gov.in.
· Opening of tender/offer.
Note: This is also the last date for uploading of
completed offers by the bidders.
The reference time for all the above activities is 15.00 hours.
NOTE:- In case the intended date for opening of tenders is declared a holiday, the
tenders will be opened on the next working day at the same time.

Validity of Offer: 60 days from the date of opening of Tender, 15.03.2019.

Technical Eligibility Criteria:


As a proof of technical experience/competence, The tenderer must have successfully
completed any of the following during last 07 (seven) years (from government/ semi-
government organizations) 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
the tender, or
(ii) Two similar works costing not less than the amount equal to 50% of advertised value of
the tender, or
(iii) One similar work costing not less than the amount equal to 80% of advertised value of the
tender.

Page 4 of 103
DyCETMCL-MDS-11-18-19

Financial Eligibility Criteria


As a proof of sufficient financial capacity and organizational resources, the tenderer must have
received contractual payments (from government/ semi-government organisations) 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.

Bid Capacity: - Applicable for tenders value Rs 20 Crore & above.

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.

Validity of Offer: 60 days from the date of opening of Technical-cum-Commercial Bid


(D2).

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.

Tenderer(s) shall upload two files/packets: File-I/Packet-I and File-II/Packet-II.

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

Page 5 of 103
DyCETMCL-MDS-11-18-19

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

No. DyCETMCL-MDS-11-18-19 Dated 11.02.2019

Copy to:-

1. The General Manager & PCE of all Indian Railways


2. The Principal Chief Engineer, Northern Railway, Baroda House, New Delhi
3. The FA & CAO, Northern Railway, Baroda House, New Delhi
4. All SAG Officers under PCE, Northern Railway
5. All SrDEN/C

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.

Page 6 of 103
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)

S. Document Document required in If Not submitted


No Original/Notarised/Attested Copy upto the along with the
time and date of opening of Technical cum tender, then
Commercial Bid (D2)(scanned copy be
uploaded alongwith offer)
1 Cost of Tender ONLINE MODE (no documentary proof Summarily Rejected
Document ( in terms required)
of Clause 2.1.2 (a)
of Instructions to
tenderers)
2. Earnest Money ONLINE MODE (no documentary proof Summarily Rejected
Deposit (in terms of required)
Clause 3.0 of
Instructions to
tenderers)
3 Constitution of Firm As per Clause 14(iv)
documents (as of Instruction to the
required in terms of tenderer,
Clause 19.4.1 of the
Instructions to After opening of
tenderers) the tender, any
a In case of Sole Affidavit certifying the sole Proprietorship of document
Proprietorship the firm. This affidavit can be original/ pertaining to the
Concern notarized. constitution of the
b In case of a 1) Notary certified copy of the Partnership firm shall neither
“Partnership Deed. be asked nor
Firm/Concern” 2) Document(s) in support of Registration of considered if
firm with Registrar of firms viz. Registration submitted.
certificate/ Form-A& Form-B/Form C (as
applicable) etc. issued by Registrar of firms. Further, as per Note
3) Power of Attorney/authorization in favour of 1 of Cl. 19.4.1 of
the individual signing the tender document instruction to
duly Notarised. (Alternatively, authorisation tenderers,
given in the partnership deed shall also be
accepted).
c In case of a “JV (i) Original/ copy of MOU/JV Agreement
Firm” duly notarized in accordance with the clause
17.6 of “Instructions to Tenderers” of
Tender Document, duly signed by the
Power of Attorney (POA) holders/authorized
signatories of all the constituents/members
of the JV
(ii) Power of Attorney/authorization duly
Notarised by all JV constituents, in favour of the
individual signing the tender document on behalf
of the JV as per Clause 17.12; and

(C) In case one or more (i) Notary certified copy of the


(i) of the members of Partnership Deed. Document(s) in support
the JV Firm is/are of registration of firm with registrar of firms
Partnership Firm(s), viz. Registration certificate/ Form-A& Form-
following documents B/Form C (as applicable) etc. issued by
shall be submitted registrar of firms.

Page 7 of 103
DyCETMCL-MDS-11-18-19

(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.

(E) In case of a “Society” (1) Notarised copy of the certificate of


registration;
(2) Notarised copy of Deed of formation;
and
(3) Power of Attorney, in original/notarised,
in favour of the tender signatory.

Page 8 of 103
DyCETMCL-MDS-11-18-19

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

Page 9 of 103
DyCETMCL-MDS-11-18-19

COVERING NOTE

FOR THE SPECIAL ATTENTION OF THE TENDERERS

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.

FURTHER, OFFERED RATES SHOULD BE FILLED UP IN THE TENDER SCHEDULE


(Packet-II/File-II). RATES OFFERED IN ANY OTHER PROFORMA/ FORM WILL BE
SUMMARILY REJECTED.

3.1 FIRST PACKET (TECHNICAL CUM COMMERCIAL BID):

To be opened at 15.00 hours on 15.03.2019.

This shall be uploaded along with the following documents:

(i) Earnest Money ON LINE MODE – No Documentary proof is required.


(ii) Cost of tender document ON LINE MODE - No documentary proof is required
(iii) All other mandatory documents listed at para (C) of TOP SHEET.
(iv) List of machinery proposed to be deployed during the various stages of construction of the
said work.
(v) A CPM/PERT/Bar Chart indicating the major activities and the programme for completion
of work within the completion period.
(vi) Performance record for last 03 (three) years (i.e., the current Financial Year & last
preceding three Financial Years) of the firm.
(vii) In addition, tenderer(s) may submit/upload any other documents reflecting on his/their
credentials

Note:- Please see proviso of clause 19.4.1 of Instruction to tenderer regarding


submitted documents.

Page 10 of 103
DyCETMCL-MDS-11-18-19

4.0 SECOND PACKET (FINANCIAL BID)

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

Page 11 of 103
DyCETMCL-MDS-11-18-19

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.

Page 12 of 103
DyCETMCL-MDS-11-18-19

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.

Signature of Witnesses: ________________________

(1) ___________________ Signature of Tenderer(s)

(2) ___________________ Date ________________

Address of the Tenderer(s)

_____________________________

Page 13 of 103
DyCETMCL-MDS-11-18-19

NORTHERN RAILWAY

TENDER FORM (Second Sheet)


1. Instructions to Tenderers and Conditions of Tender:
The following documents form part of Tender / Contract:
Packet I – Technical cum commercial Bid
(a) Tender Forms – First Sheet and Second Sheet
(b) Special Conditions/Specifications
(c) Standard General Conditions of Contract, Nov 2018 and Standard
Specifications (Works and Materials) of Indian Railways as
amended/corrected upto latest correction slips, copies of which can be seen in
the office of DyCE/Track Machine Line/State entry Road or obtained from the
office of the Pr. Chief Engineer, Northern Railway on payment of prescribed
charges.
(d) Schedule of Rates as amended / corrected upto latest correction slips, copies of
which can be seen in the office of DyCE/Track Machine Line/State entry
Road or obtained from the office of the Pr Chief Engineer, Northern Railway
on payment of prescribed charges. (Not applicable in this tender)
(e) All general and detailed drawings pertaining to this work which will be issued
by the Engineer or his representatives (from time to time) with all changes and
modifications.
Packet 2 – Financial Bid
(f) Schedule of items and approximate quantities (as uploaded in IREPS) with
provision for quoting of rates by tenderers.
2. Drawings for the Work: The Drawing for the work can be seen in the office of
the DyCE/Track Machine Line/State entry Road and / or Pr Chief Engineer,
Northern Railway at any time during the office hours. The drawings are only for
the guidance of Tenderer(s). Detailed working drawings (if required) based
generally on the drawing mentioned above, will be given by the Engineer or his
representative from time to time.
3. The Tenderer(s) shall quote his / their rates as a percentage above or below the
Schedule of Rates of Northern Railway as applicable to - Division except where
he/they are required to quote item rates and must tender for all the items shown in
the Schedule of approximate quantities attached. The quantities shown in the
uploaded Schedule are given as a guide and are approximate only and are subject
to variation according to the needs of the Railway. The Railway does not
guarantee work under each item of the Schedule. The tenderer(s) shall quote rates /
rebates only at specified place in Tender Form supplied by Railway at IREPS
website. Any revision of rates / rebates submitted (quoted) through a separate
letter whether enclosed with the bid (Tender Form) or submitted separately or
mentioned elsewhere in the document other than specified place shall be
summarily ignored and will not be considered.

Page 14 of 103
DyCETMCL-MDS-11-18-19

4. Tenders containing erasures and / or alterations of tender documents are liable to


be rejected. Any correction made by tender(s) in his/their entries must be attested
by him / them.
5. The works are required to be completed within a period of 54 (Fifty four) months
from the date of issue of acceptance letter.
6. Earnest Money:
(a) The tender must be accompanied by a sum of ₹ 27,15,200/- as Earnest Money
deposited in cash through e-payment gateway or as mentioned in tender
documents, failing which the tender shall not be considered. Any firm recognized
by Department of Industrial Policy and Promotion (DIPP) as ‘Startups’ shall be
exempted from payment of Earnest Money on submission of Registration
Certificate issued by appropriate authority.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days from
the date of opening of the Tender. It is understood that the tender documents have
been issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in
consideration of the stipulation on his / their part that after submitting his / their
tender subject to the period being extended further, if required by mutual
agreement from time to time, he will not resile from his offer or modify the terms
and conditions thereof in a manner not acceptable to the Chief Engineer/Dy. Chief
Engineer/Divisional Engineer of Northern Railway, Should the tenderer fail to
observe or comply with the foregoing stipulation, the amount deposited as Earnest
Money for the due performance of the above stipulation, shall be forfeited to the
Railway.
(c) If his tender is accepted the earnest money mentioned in sub clause (a) above will
be retained as part security for the due and faithful fulfillment of the contract in
terms of Clause 16 of the Standard General Conditions of Contract. The Earnest
Money of other Tenderers shall, save as herein before provided, be returned to
them, but the Railway shall not be responsible for any loss or depreciation to the
Earnest Money that may happen thereto while in their possession, nor be liable to
pay interest thereon.
(d) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond
towards full Security Deposit, the Railway shall return the Earnest Money so
retained to the Contractor.
7. Rights of the Railway to deal with Tender: The authority for the acceptance of
the tender will rest with the Railway. It shall not be obligatory on the said
authority to accept the lowest tender or any other tender, and tenderer(s) shall
neither demand any explanation for the cause of rejection of his/ their tender nor
the Railway to assign reasons for declining to consider or reject any particular
tender or tenders.
8. If the tenderer(s) deliberately gives / give wrong information in his / their tender or
creates / create circumstances for the acceptance of his / their tender, the Railway
reserves the right to reject such tender at any stage.
9. If the tenderer(s) expire(s) after the submission of his / their tender or after the
acceptance of his / their offer, the Railway shall deem such tender cancelled. If a
partner of a firm expires after the submission of their tender or after the acceptance
of their tender, the Railway shall deem such tender as cancelled, unless the firm
retains its character.

Page 15 of 103
DyCETMCL-MDS-11-18-19

10. Eligibility Criteria:


10.1 Technical Eligibility Criteria:
(a) The 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 the tender, or
(ii) Two similar works costing not less than the amount equal to 50% of
advertised value of the tender, or
(iii) One similar work costing not less than the amount equal to 80% of
advertised value of the tender.

(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:

Page 16 of 103
DyCETMCL-MDS-11-18-19

(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).

Page 17 of 103
DyCETMCL-MDS-11-18-19

14. Partnership Deeds, Power of Attorney etc.:


(i) The tenderer shall clearly specify whether the tender is submitted on his own
(Proprietary Firm) or on behalf of a Partnership Firm / company / Joint Venture
(JV) / Registered Society / Registered Trust etc. The tenderer(s) shall enclose the
attested copies of the constitution of their concern, and copy of PAN Card along
with their tender. Tender Documents in such cases are to be signed by such
persons as may be legally competent to sign them on behalf of the firm, company,
association, trust or society, as the case may be.
(ii) In case tenderer is other than sole proprietorship firm, following documents shall
be submitted by the tenderer:
(a) Partnership Firm: The tenderer shall submit (i) a copy of Partnership Deed
and (ii) a copy of Power of Attorney (duly registered as per prevailing law) in
favour of an individual to sign the tender documents and create liability
against the Firm.
(b) Joint Venture (JV): The tenderer shall submit documents as mentioned in
Clause 17 of the Tender Form (Second Sheet).
(c) Company registered under Companies Act-2013: The tenderer shall submit
(i) the copies of MOA (Memorandum of Association) / AOA (Articles of
Association) of the company; and (ii) A copy of Authorization/Power of
Attorney issued by the Company (backed by the resolution of Board of
Directors) in favour of the individual to sign the tender on behalf of the
company and create liability against the company.
(d) LLP (Limited Liability Partnership) Firm: If the tender is submitted on
behalf of a LLP Firm registered under LLP Act-2008, the tenderer shall
submit alongwith the tender- (i) a copy of LLP Agreement, (ii) a copy of
Certificate of Incorporation; and (iii) a copy of Power of
Attorney/Authorisation issued by the LLP Firm in favour of the individual to
sign the tender on behalf of the LLP Firm and create liability against the Firm.
(e) Registered Society & Registered Trust: The tenderer shall submit (i) a copy
of the Certificate of Registration, (ii) Deed of Formation; and (iii) a copy of
Power of Attorney in favour of the individual to sign the tender documents
and create liability against the Society/Trust.
(iii) If it is NOT mentioned in the submitted tender that tender is being submitted on
behalf of a Sole Proprietorship firm / Partnership firm / Joint Venture / Registered
Company etc., then the tender shall be treated as having been submitted by the
individual who has signed the tender.
(iv) After opening of the tender, any document pertaining to the constitution of Sole
Proprietorship Firm / Partnership Firm / Registered Company/ Registered Trust /
Registered Society etc. shall be neither asked nor considered, if submitted.
(v) A tender from JV / Partnership firm etc. shall be considered only where
permissible as per the tender conditions.
(vi) The Railway will not be bound by any change in the composition of the firm made
subsequent to the submission of tender. Railway may, however, recognize such

Page 18 of 103
DyCETMCL-MDS-11-18-19

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.

JOINT VENTURE (JV) IN WORKS TENDERS

17. Participation of Joint Venture (JV) in Works Tender: This Clause shall be
applicable for works tenders wherein tender documents provide for the same.

Page 19 of 103
DyCETMCL-MDS-11-18-19

17.1 Separate identity/name shall be given to the Joint Venture.

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%.

17.3 A member of JV shall not be permitted to participate either in individual capacity


or as a member of another JV in the same tender.

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.

17.5 Earnest Money Deposit (EMD) shall be deposited by JV or authorized person of


JV through e-payment gateway or as mentioned in tender document.

17.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV


members on a stamp paper, shall be submitted by the JV alongwith the tender. The
complete details of the members of the JV, their share and responsibility in the JV
etc. particularly with reference to financial, technical and other obligations shall be
furnished in the MoU. (The MoU format for this purpose shall be finalized by the
Railway in consultation with their Law Branch and shall be enclosed alongwith
the tender).
17.7 Once the tender is submitted, the MoU shall not be modified / altered / terminated
during the validity of the tender. In case the tenderer fails to observe/comply with
this stipulation, the full Earnest Money Deposit (EMD) shall be liable to be
forfeited.

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.

17.10 On award of contract to a JV, a single Performance Guarantee shall be submitted


by the JV as per tender conditions. All the Guarantees like Performance
Guarantee, Bank Guarantee for Mobilization Advance, Machinery Advance etc.
shall be accepted only in the name of the JV and no splitting of guarantees

Page 20 of 103
DyCETMCL-MDS-11-18-19

amongst the members of the JV shall be permitted.

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.

17.14 Documents to be enclosed by the JV alongwith the tender:


17.14.1 In case one or more of the members of the JV is/are partnership firm(s),
following documents shall be submitted:
(a) A copy of the Partnership Deed,
(b) A copy of consent of all the partners or individual authorized by partnership
firm, to enter into the Joint Venture Agreement on a stamp paper,

Page 21 of 103
DyCETMCL-MDS-11-18-19

(c) A copy of Power of Attorney (duly registered as per prevailing law) in


favour of the individual to sign the MOU/JV Agreement on behalf of the
partnership firm and create liability against the firm.

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.

Page 22 of 103
DyCETMCL-MDS-11-18-19

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

Page 23 of 103
DyCETMCL-MDS-11-18-19

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

Page 24 of 103
DyCETMCL-MDS-11-18-19

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 the contract, liable for
determination of the contract under Clause 62 of the 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/s and that
of the Railway.
18.11 The tenderer shall clearly specify that the tender is submitted on behalf of a
partnership firm. The following documents shall be submitted by the partnership
firm, with the tender:
(a) A copy of partnership deed.
(b) A copy of Power of Attorney (duly registered as per prevailing law) in favour of
the individual to tender for the work, sign the agreement etc. and create liability
against the firm.
(c) An undertaking by all partners of the partnership firm that they are not blacklisted
or debarred by Railways or any other Ministry / Department of the Govt. of India /
any State Govt. from participation in tenders / contracts as 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 the General Conditions of
Contract.
18.12 Evaluation of eligibility of a partnership firm:
Technical and financial eligibility of the firm shall be adjudged based on
satisfactory fulfillment of the eligibility criteria laid down in Clause 10 above by
the partnership firm:
19.0 TENDER DONUMENTS
19.1 SUBMISSION OF TENDERS
19.1.1 The offer is to be uploaded online upto 15.00 hrs. on 15.03.2019 (D2) along with
scanned
(a) copy of all the requisite document (as per Annexure 1 & 2 of tender notice).
· 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.

Page 25 of 103
DyCETMCL-MDS-11-18-19

· 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
(b) Packet-I/File-I (Technical cum Commercial Bid)
The Packet-I/File-I (Technical cum Commercial Bid) along with requisite details as
mentioned in para (B) of Top Sheet shall be uploaded/attached with all the
documents as mentioned in Para (C) of Top Sheet/Annexure-A & B of tender notice
in support of their eligibility.
(c) Packet– II (Financial Bid)
Packet-II/file-II (Financial Bid) containing the online Bill of quantities shall be
duly filled with rates.
19.1.2 Cost of Tender Documents
(a) Tender Documents are available on IREPS website i.e. www.ireps.gov.in from
12.02.2019 to 15.03.2019 upto 15.00 hrs. The cost of Tender Document will
have to be deposited ONLINE. The cost of tender document is Rs. 25,000/-.
This should be paid separately and not included in the Earnest Money of
tender. In case, tender is not accompanied with the cost of the tender
document as detailed above, the tender will be summarily rejected.
(b) However, for service contracts, MSEs registered 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 supplied such tender document free of cost on confirmation
(Xerox Copy) of their evidence to this effect. (For online submission of bids,
tenderers can opt for suitable option for claiming waiver for cost of tender
document on IREPS portal and MUST upload relevant document towards their
eligibility as MSME without which waiver will not be considered).
19.1.3 The Tender Documents, consisting of TWO Packets/Files i.e., Packet-I/File-I
(TECHNICAL CUM COMMERCIAL BID) and the Packet-II (online only) (FINANCIAL
BID), shall be uploaded upto 15.00 hrs. on 15.03.2019 (D2). The Packet-I/File-I
(Technical cum Commercial Bid) will be opened immediately after closing of
uploading of tender i.e. 15.03.2019 (D2) at 15.00 hrs. Technical details and
commercial conditions read out in the presence of such tenderer(s) as is/are
present. The time, date and venue of opening of Packet-II/file-II (Financial Bids)
shall be notified to successful tenderer(s) after evaluation of Packet-I/File-I
(Technical cum Commercial Bids).
The offer shall be uploaded along with scanned copy of all the requisite document
(as per Annexure 1 & 2 of tender notice).
In case the intended date for opening of tenders is declared a holiday, the tenders
will be opened on the next working day at the same time
19.2 COMPLETION OF TENDER DOCUMENTS
19.2.1 The tenderers shall quote the rates as mentioned in Clause 3.0 of Instruction To
Tenders. Every possible fluctuation, in the rate of labour, material and general
commodities and other possibilities of each and every kind which may affect the
rates, should be considered and kept in view before quoting the rates and no claim
on this account shall be entertained by the Railway under any circumstances except
the price escalation payable as per price variation clause, if any, provided
separately in the tender documents.
19.2.2 The rate/s should be quoted in figures only.

Page 26 of 103
DyCETMCL-MDS-11-18-19

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.

Page 27 of 103
DyCETMCL-MDS-11-18-19

19.4 CONSTITUTION OF THE FIRM


19.4.1 The tenderer(s) must necessarily upload/submit the legal documents at the time of
tendering on or before closing of uploading of tender & before opening of tender
(D2), pertaining to the constitution of their Concern as applicable, along with the
tender, as enumerated below. Tender Documents in such cases are to be signed by
such persons as may be legally competent to sign them on behalf of their Concern.
The tenderer(s) shall give full details of the constitution of the Firm/JV/Company/
Society etc in the “Top Sheet” as well as in Annexure-“D” to “Instructions to
Tenderers” of Tender Document and must submit the documents as given in clause
14 to 18 of instruction to tenderers without fail.
Note:
1. If all the requisite documents pertaining to the constitution of the
firm/JV/sole/partnership firm/company/Society etc., as specified in clause
19.4.1 above, are not submitted, offer will be considered as incomplete and
shall be summarily rejected
2. Standard Proforma/Affidavit O-1 to O-10 are given as per Constitution of
Firm requirement in respective clause of Sole Proprietorship firm/
Partnership firm/JV/ Company for guidance purpose.

19.5 INCOME TAX DEDUCTION


19.5.1 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge
as applicable on Income Tax will be made for sums paid for carrying out the work
under this contract.

20.0 EARNEST MONEY

20.1 The tender must be accompanied by Earnest Money as given in clause 5 of


“REGULATIONS FOR TENDERS AND CONTRACTS” and clause 6. of Instructions
to Tenderers in the manner prescribed in Clause 20.2 failing which the tender
shall be summarily rejected. The earnest money shall be rounded of to the nearest
Rs100/-.
20.2 The Earnest Money of the requisite amount referred to in Clause 20.1 above is
required to be deposited ONLINE
Note:-
1. Tenders uploaded/submitted with Earnest Money in any form other than those
specified above shall not be considered
2. Any request for recovery from outstanding bills for Earnest Money against
present tender will not, under any circumstances, be entertained
3. No interest will be payable on the Earnest Money and Security Deposit or the
amount payable to the contractor under the contract
21.0 ACCEPTANCE OF TENDER
21.1 Acceptance of the tender will be governed as per clause 7 to 9 of instructions to
tenderer.
21.2 The authority for acceptance of the tenders rests with Pr. Chief Engineer/ Chief
Engineer/ Dy.Chief Engineer/TMC/Line who does not undertake to assign reasons
for declining to consider any particular tender or tenders. He also reserves the right
to accept the tender in whole or in part or to divide the tender amongst more than
one tenderer if deemed necessary.
21.3 The successful tenderer/s shall be required to execute an agreement with the
President of India acting through the Chief Engineer/ Dy.Chief Engineer/TMC/Line
for carrying out of the work as per agreed conditions. The cost of stamp for the
agreement will be borne by the Northern Railway.
21.3.1 The contractors operations and proceedings in connection with the works shall at all
times be conducted during the continuance of contract in accordance with the laws,

Page 28 of 103
DyCETMCL-MDS-11-18-19

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

Page 29 of 103
DyCETMCL-MDS-11-18-19

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:-

(i) Indian Railways Standard General Conditions of Contract, Rs100/-


November, 2018;
(ii) Northern Railway Unified Standard Schedule of rates Rs1000/-
(Works & Materials)-2010
(iii) Indian Railways Unified Standard Specifications (Material Rs 1000/-
and Works)-2010 volume-I & volume-II (Each volume)

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.

24.0 PERIOD OF COMPLETION


24.1 The entire work is required to be completed in all respects within 54 Months from
the date of issue of Acceptance letter/ Telegram. Time is the essence of contract.

Page 30 of 103
DyCETMCL-MDS-11-18-19

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.

25.0 RATES FOR PAYMENT

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.

Page 31 of 103
DyCETMCL-MDS-11-18-19

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.

26.0 DRAWINGS FOR WORKS (NA):


26.1 The Railway Administration reserves the right to modify the plans and drawings as
referred to in the special data and specifications as also the estimate and
specifications without assigning any reasons as and when considered necessary by
the railway. The percentage rates for the schedule items and items rates for the
non-schedule items quoted by the contractor as may be accepted by the railways
will, however, hold good irrespective of any changes, modifications, alterations,
additions, omissions in the locations of structures and detailed drawings,
specifications and/or the manner of executing the work.
26.2 It should be specifically noted that some of the detailed drawings may not have
been finalized by the railway and will, therefore, be supplied to the contractor as and
when they are finalized on demand. No compensation whatsoever on this account
shall be payable by the Railway Administration.
29.3 No claim whatsoever will be entertained by the Railway on account of any delay or
hold up of the work/s arising out of delay in approval of drawings, changes,
modifications, alterations, additions, omission and the site layout plans or details
drawings and design and or late supply of such material as are required to be
arranged by the Railway or due to any other factor on Railway Accounts.
27.0 SERVICE ROADS
27.1 The contractor/s shall make his/their arrangements for service roads, paths etc for
carrying his/their tools and plants, labour and materials, etc. and will also allow the
Railway use of such paths and service roads, etc for plying its own vehicles free of
cost. The tenderer/s will be deemed to have included the cost of making any service
roads, roads or paths, etc., that may be required by him/them for plying his/their
vehicles for the carriage of his/their men and materials, tools, plants and machinery
for successful completion of the work. Similarly, any other feeder road connecting
any of the existing roads will be made by the contractor at his/their own cost
including any compensation that may be required to be paid for the temporary
occupation and or usage of Govt. and or private land and without in any way
involving the Railway in any dispute for damage and/or compensation.
27.2 In case the Railway has its own paths, service roads, the contractor/s will be
allowed to use of such paths or service roads free of cost. He/They shall, however,
in no way involve the Railway in any claims or dispute of whatever kind due to the
inaccessibility of such paths or service roads or due to their poor condition and or
maintenance or their being to be blocked and/or closed.

Page 32 of 103
DyCETMCL-MDS-11-18-19

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.

28.0 EMERGENCY WORK


28.1 In the event of any accident or failure occurring in or about the work of arising out for
or in connection with the construction completion or maintenance of the work which
in the opinion of the Engineer require immediate attention, the Railway may be with
its own workmen or other agency execute or partly execute the necessary work or
carry out repairs if the Engineer considers that the contractor is not in a position to
do so in time and charge the cost thereof, as to be determined by the Dy.Chief
Engineer/TMC/Line, S.E. Road, New Delhi to the contractor.
28.2 In terms of clause 32 of Indian Railways Standard General Conditions of Contract,
November, 2018 amended from time to time & upto date;, the material and plants
brought by the contractor on the site or land occupied by the contractor in
connection with the works and intended to be used for execution thereof shall
immediately, they are brought upon the sites of this said land be deemed to be the
property of the Railway, vehicles, equipments, plant and machinery of the contractor
can be drafted by the Railway Administration at their discretion in case of accidents,
natural calamities involving human lives, breaches, stoppage of train operations or
any contingencies which require such requisitioning as essential. The decision in
this regard of the Engineer-in-charge or his superiors i.e. Sr. Engineer / Executive
Engineer/Dy. Chief Engineer etc shall be final and beyond the ambit of arbitration
clause.
28.3 The tenderer is required to submit the list of equipment, machinery, construction
tools and plants available /deployed at site. The successful tenderer on receipt of
acceptance letter and conveying their consent shall submit name, addresses,
telephone numbers, Fax number/E Mail address of the persons to be contacted for
requisitioning the above items as detailed in forgoing clause 28.2 and notify from
time to time if any change in the list of equipments/machinery or the addresses/
individuals to the Engineer-in-charge in writing. The name and address, telephone
numbers and the contractor officials name shall also be displayed at the site of
work.
28.4 The manpower, consumable items and maintenance of the above tools and plants
when requisitioned shall be the responsibility of the tenderer/contractor so that the
equipments, machinery, tools and plants shall be available for effective utilization at
the accident sites, natural calamities, breaches sites etc.
28.5 The hire charges per annum shall be calculated at the following rates on the
purchase cost of the plant as under:

Page 33 of 103
DyCETMCL-MDS-11-18-19

(i) Depreciation charges at the following rates


a) Light plant 16% per annum
b) Heavy plant 10% per annum
c) Special plant 6% per annum
(ii) In additional 10% on the total of (i) above to meet contingencies
(iii) 10% contractor profit on total cost as detailed (i) to (ii)
(iv) The hire charges per day shall be arrived at dividing the annual hire charges
of total of (i) to (iii) above by 365 which shall be the assumed number of
working days in year for this purpose. These hire charges will be payable from
the date the plant is handed over to the railway to date on which it is returned
to the contractor by Railway.
(v) The contractor man power charge shall be payable @ minimum wages as
notified by the State Govt. /local bodies /labourDeptt. as the case may be for
highly skilled, semi skilled personnel drafted for operating the plant and
machinery.
(vi) The payment for the fuel cost shall be paid on the basis of the actual
expenditure incurred by the contractor for purchase + 10% contractor's profit
thereof which will be the payments towards his miscellaneous expenses too.
29.0 NIGHT WORK
29.1 If the Engineer is satisfied that the work is not likely to be completed in time except
by resorting to night work, he may order without confirming any right on the
contractor for claiming any extra payment for the same.

30.0 DISPOSAL OF SURPLUS EXCAVATED MATERIALS


30.1 The contractor shall at all time keep the site free from all surplus earth, surplus
materials, and all rubbish which shall arise from the works and should dispose of
the surplus excavated materials as ordered by the Engineer failing which it will
be done at the cost of the contractor and cost will be deducted from his dues.
30.2 The contractor shall within 15 days of completion of entire works remove all unused
and surplus materials tools and plants staging and refuge or other materials
produced by his operations and shall leave the site in a clear and tidy conditions.
31.0 SITE INSPECTION REGISTER
31.1 A site inspection register will be maintained by the Engineer or his representative
in which the contractor will be bound to sign day to day entries made by the
Engineer or his representative. The contractor is required to take note of the
instructions given to him through the site inspection register and should comply with
the same within a reasonable time. The contractor will also arrange to receive all the
letters etc. issued to him at the site of works.
31.2 The contractor shall, from time to time (before the surface of any portion or
the site is interfered with or the work thereon begun) take such levels as the
Engineer may direct in his presence or any person authorised by him in writing.
Such levels approved and checked by him or such authorised persons shall be
recorded in writing and signed by the contractor and shall form the basis of the
measurements.
31.0 The contractor shall have to make and maintain at his own cost suitable approach
road and path, etc for proper inspection of the various works. He shall also
provide all facilities as required by the Engineer such as Ladder and other
appliances for satisfactory inspection of the works and places where materials for
the work are stored or prepared.

32.0 OPENING UP OF WORK OR MATERIALS FOR INSPECTION OR TEST:


Should the Engineer, or any representative consider it necessary for the purpose of
enabling inspection of tests analysis to be made to verify or ascertain the quality
of any part of the works or of any materials, the contractor shall as and when
required by the Engineer or his representatives open up the work or materials for
inspection or test or analysis, pull down or cut into any part of the work to make
such openings, into under or through any part of the works as may be

Page 34 of 103
DyCETMCL-MDS-11-18-19

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.

Page 35 of 103
DyCETMCL-MDS-11-18-19

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

Page 36 of 103
DyCETMCL-MDS-11-18-19

will be recovered from him/them. The decision of Engineer-in-charge will be final


and binding upon the contractor(s).
36.0 Applicable for tender documents downloaded from internet
36.1 Master copy of the tender document will be available in the office of PCE/Northern
Railway/ Baroda House/ New Delhi. After award of work, an agreement will be
drawn up. The agreement shall be prepared based on the master copy available in
the office of PCE/Northern Railway/ Baroda House/ New Delhi and not based on the
tender documents submitted by the tenderer. In case of any discrepancy between
the tender documents and the master copy, later shall prevail and will be binding on
the tenderers. No claim on this account will be entertained.
37.0 Maintenance Period :
The contractor will have to maintain the work till raising the speed to full sectional
speed or 03 (Three) months from the date of deep screening (BCM working), which
ever is earlier. The liability of maintenance is limited to tamping of track. However,
security will be released after completion of maintenance of whole work is over.
38.0 Price Variation Clause:
38.1 Price Variation Clause shall be applicable only for tenders of value (Contract
Agreement value) Rs 5.00 crores and more, irrespective of the contract completion
period. Variation in quantities shall not be taken into account for applicability of PVC
in the contract. Material supplied free of cost by Railway to the contractors shall fall
outside the purview of Price Variation Clause. If, in any case, accepted offer
includes some specific payment to be made to consultants or some material
supplied by Railway free or at fixed rate, such payments shall be excluded from the
gross value of the work for the purpose of payment/recovery of price variation.
38.2 Price variation as mentioned in Clause 46A of General Conditions of Contract,
November 2018 will be applicable. The percentage of various elements as given for
“Other Works Contract” in Clause 46A.6 will be apicable for alculation of PVC.
239.0 Mobilization Advance
[Applicable for advertised tender value exceeding Rs. 25 crores]
39.1 The tender / contractor may be granted a recoverable interest bearing mobilization
advance up to 10% of the contract value provided the specifically apply for it while
tendering. If the contractor fails to apply specifically for mobilization advance, while
giving his offer at the tendering stage, in case where grant of mobilization advance
is permissible, no subsequent requests from him for grant of this advance
will be entertained. The rate of interest is 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.
39.2 The advance will be granted in two installments viz. 5% of the contract value on
signing of the contract agreement and the balance 5% on mobilization of site
establishment, setting up of offices, bringing in equipment and actual commissioning
of work. Each installment will be released on submission of an irrecoverable
guarantee (Bank Guarantee, FDRs, KVPs/NSCs) of at least 110% of the value of
the sanctioned amount. The Bank Guarantee shall be from a Nationalized Bank in
India in a form acceptable to the railway. These two guarantees (Bank
Guarantee, FDRs, KVPs/NSCs) shall be returned as and when the value of the
advance plus interest is recovered from the running bill. However,
second/subsequent installments of mobilization advance shall be granted only
after obtaining a certificate from contractor along with documentary proof of
successful. Satisfactory utilization of previous installment of mobilization
advance.
39.3 The recovery of advance and interest thereon will be made through the on account
bills, pro rata, commencing when the value of the work executed under the contract
reaches 15% of the contract value, and completed when the value of the

Page 37 of 103
DyCETMCL-MDS-11-18-19

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.

Page 38 of 103
DyCETMCL-MDS-11-18-19

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

Page 39 of 103
DyCETMCL-MDS-11-18-19

checked, as considered appropriate by SSE/JE & AEN/XEN, to ensure that no


excess payment is being made. At this stage no test check of measurements by
railway is required.
40.19 AEN/XEN shall keep a copy of contractor‟s invoice and provisional on account
contract certificate in his office, and submit original invoice and original provisional
on account contract certificate along with required number of duplicate copies, and
used sheets of CMB to the Dy CE unit for passing the bill and release of payment.
40.20 The provisional on account contract certificate shall be passed by Dy CE and
payment shall be released by associate finance based on above certification of
SSE/JE and AEN/XEN. After release of payment, blank sheet of CMB (if any) shall
be crossed by Dy CE before sending the measurement sheets back to AEN/XEN for
carrying out required test checks. At this stage measurements shall not be crossed.
40.21 No provisional payment shall be allowed in final contract certificate. Further, once
provisional payment has been released in any on-account contract certificate, the
next on account contract certificate can be raised by contractor only when accounts
of previous on account certificate (Provisional as well as remaining payment) has
been finalized.
Test Check
40.22 Necessary test checks shall be carried out by the SEE/JE and AEN/XEN for the
works done before full payment of on-account contract certificate/final contract
certificate. SEE/JE and AEN/XEN shall communicate the date of test checks to
contractor in advance. The contractor can accompany during test check. The
contractor shall provide support staff and all required tools and plants to facilitate
test check by railway officials.
40.23 The stipulated test checks : AEN/XEN 20 % and SSE/JE Level 100 %:
Note: The check regarding levels of earthwork invariably shall be carried out in
cross sections having heavy cross slopes.
40.24 Contractor‟s recorded measurement sheets shall be checked for any
corrections/over writing during test check. All the corrections/over writing shall be
initialed by SSE/JE.
40.25 The discrepancy noted (if any) during test check of recorded measurement shall be
communicated by AEN/XEN to the contractor.
40.26 In case of discrepancy noticed during test check, the contractor shall submit original
and required copies of fresh invoice of amount corrected for discrepancy, and in
case provisional payment has been released earlier, the required copies of fresh
invoice of remaining amount corrected for discrepancy (if any), along with on
account/final contract certificate to AEN/XEN.
Full payment of On Account Contract Certificate/Final Contract Certificate
40.27 AEN/XEN shall submit original copy of invoice and on account contract certificate of
remaining amount/Final Contract Certificate, along with required number of
duplicate copies and used sheets of CMB (all used/blank CMBs in case of final
contract certificate), duly signed by SSE/JE and AEN/XEN to the Dy CE for passing
the bill and release of payment.
40.28 Once the payment is released, Dy CE shall return back the used sheets of CMB to
AEN/XEN for safe custody, duly crossing of measurements by finance officer.
40.29 Once all used sheets of a particular CMB is received back by AEN/XEN from Dy
CE, the AEN/XEN shall re-bind all 100 pages of CMB along with sheet No.1A to 4A
for submission of CMB to Dy CE office. Dy CE office shall record the receipt of
same in sheet No.2A of CMB and Register of Measurement Books (Form E1314).
40.30 The final contract certificate shall be passed by Dy CE only after receipt of all CMBs
(used/blank) from AEN/XEN.

Page 40 of 103
DyCETMCL-MDS-11-18-19

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

Northern Railway, State Entry Road,


New Delhi
For and on behalf of the President of India

Signature of the Tenderer/s

Address_________________________

Page 41 of 103
DyCETMCL-MDS-11-18-19

E.1313
(Sheet 1A)

Railway ……………………………………….
CMB No. …………………………………….
CONTRACTOR‟S MEASUREMENT BOOK

Department………………………………………………………………………………..
Division/Construction Unit…………………………………………………………………………….
Name of work…………………………………………………………………………………….
Agreement No. …………………………………………………………………………….
Name of Agency ………………………………………………………………………..

Name to whom issued …………………………………………………………………….


Designation …………………………………………………………………………………….
Date of issue ………………………………………………………………………………..
Date of return………………………………………………………………………………

Page 42 of 103
DyCETMCL-MDS-11-18-19

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)

…………………………………….. ……………………… ………………………….


(Name) (Station) (Date)

Received by …………………… (Signature)………………….

(Designation) …………………… (Station)…………………..

On ……………………………… (date)……………………………

Date of first entry…………………………..


Date of last entry……………………………
Date received back in. Unit Office after completion of book ………………………………..

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…………………………..

Page 43 of 103
DyCETMCL-MDS-11-18-19

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)

…………………………………….. ……………………… ………………………….


(Name) (Station) (Date)

Date of first entry……………………………….


Date of last entry……………………………….

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

Page 44 of 103
DyCETMCL-MDS-11-18-19

E.1313
(Sheet 4A)

Railway ……………………………………….
CMB No. …………………………………….

CONTRACTOR‟S MEASUREMENT BOOK

Name of work……………………………………………………………………………………………
Agreement No………………………………………………………………………………………….
Name of Agency……………………………………………………………………………………….

INDEX OF M.B.

S.No .Particulars of entries –Agreement or work Page Remarks


running or order ref.
From To
final

Page 45 of 103
DyCETMCL-MDS-11-18-19

E.1313
(Sheet 5A)

Railway ……………………………………….
Space for Machine
CMB No. ……………………………………. numbering with six digits
unique number
Division/Construction Unit…………………………..
******

CONTRACTOR‟S MEASUREMENT BOOK

Name of work……………………………………………………………………………………………

Agreement No………………………………………………………………………………………….

Name of Agency……………………………………………………………………………………….

INDEX OF M.B.

Particulars No. L. B. D. Contents

Page 46 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE - I
TENDER FORM (Third Sheet)

Name of Work: ________________________________________________

SCHEDULE OF RATES AND QUANTITIES

SL Item Description Approximate Unit Rates in Figures Amount


No. of Item of Quantity and Words (₹)
Work (₹)

1 2 3 4 5 6 7

AS PER DETAILS ON IREPS AND TO BE FILLED


ONLINE ONLY

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.

I/We undertake to do the work at __________ % above/below the Schedule of Rates of


the _______ Railway as applicable to ________ Division or at the rates quoted above for
each item.

Dated ______________

Signature of the Tenderer(s)

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.

Page 47 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE – II

AGREEMENT FOR ZONE CONTRACT

CONTRACT AGREEMENT No.______________ DATED _____________.


ARTICLES OF AGREEMENT made this ______________ day of ______________
between the President of India acting through the _________________, _____________
Railway hereinafter called the "Railway" of the one part and
___________________________ hereinafter called the "Contractor" of the other part.
WHEREAS the Contractor has agreed with the Railway during the period
of _____ months from ______________ to _________________ for the
performance of:
(a) New Works, additions and alterations to existing structures, special repair works
and supply of building materials subject to the contract value for such works not
exceeding ₹ _______.
(b) All ordinary repair and maintenance works at any site between kilometer
__________ and kilometre _________ as will be set forth in the work orders
(which work orders shall be deemed and taken to be part of this contract) that will
be issued during the said period at _______% above/below the Schedule of Rates of
the _____________ Railway, corrected up to the latest correction slips and
Standard Specifications of the _____________ Railway corrected upto latest
correction slips and the Special Conditions and Special Specifications, if any in
conformity with the drawings (if any) that will be issued with the work order,
aforesaid AND WHEREAS the performance of the said work is an act in which the
public are interested.
NOW THIS INDENTURE PRESENTS WITNESSETH That in consideration of the
payment to be made by the Railway, the Contractor will duly perform the works set forth
in the said Work Order and shall execute the same with great promptness, care and
accuracy, in a workman like manner to the satisfaction of the Railway and will complete
the same on or before the respective dates specified therein in accordance with the said
specifications and said drawings (if any) and said conditions of contract and will observe,
fulfill and keep all the conditions therein mentioned, (which shall be deemed and taken to
be part of this contract as if the same had been duly set forth herein), AND the Railway
both here-by agree that if the Contractor shall duly perform the said work in the manner
aforesaid and observe and keep the said terms and conditions, the Railway will pay or
cause to be paid to the Contractor for the said works on the completion thereof the
amount due in respect thereof at the rates specified above.
Contractor _______________ Designation
Address _________________ Northern Railway
_______
(For President of India)

Page 48 of 103
DyCETMCL-MDS-11-18-19

Witnesses (to signature of Contractor):


Signature of witnesses with address ______________________________________
Date __________ ____________________________________

Signature of witnesses with address _______________________________________


Date __________ _______________________________________
_______________________________________

Page 49 of 103
DyCETMCL-MDS-11-18-19

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 Contractor(s) ____________________________ is / are hereby ordered to


carry out the following works at ________% above/below the Schedule of Rates of
________ Railway corrected upto latest correction slips of ___________ Division under
Zone Contract Agreement here-in-before referred to:

SL Item Description of Approximate Unit Rates in Figures Amount


No. Item of Work Quantity and Words (₹) (₹)
1 2 3 4 5 6 7
Total Approximate Value of Work = ₹ ____________

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.

Designation __________ Engineer


_______________ Division
__________________ Railway
Date ___________
for President of India

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:

Page 50 of 103
DyCETMCL-MDS-11-18-19

(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 _____________

Signature of Witnesses (to Signature of Contractor) with address


1. ________________________ _________________________
________________________ _________________________
_________________________ _________________________
2. _________________________ _________________________
_________________________ __________________________
_________________________ __________________________

Page 51 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE - IV
___________ RAILWAY
CONTRACT AGREEMENT OF WORKS
CONTRACT AGREEMENT NO. _________________________ DATED
___________

ARTICLES OF AGREEMENT made this _________ day of _________


20______ between President of India acting through the Railway Administration
hereafter called the "Railway" of the one part and
___________________________herein after called the "Contractor" of other part.
WHEREAS the Contractor has agreed with the Railway for performance of the
works _____________________ set forth in the Schedule hereto annexed upon the
Standard General Conditions of Contract, corrected upto latest correction slips and the
Specifications of _____________ Railway corrected upto the latest correction slips and
the Schedule of Rates of ___________ Railway, corrected upto latest correction slips and
the Special Conditions and Special Specifications, if any and in conformity with the
drawings here-into annexed AND WHEREAS the performance of the said works is an
act in which the public are interested.
NOW THIS INDENTURE WITNESSETH that in consideration to the payments
to be made by the Railways, the Contractors will duly perform the said works in the said
schedule set forth and shall execute the same with great promptness, care and accuracy in
a workman like manner to the satisfaction of the Railway and will complete the same in
accordance with the said specifications and said drawings and said conditions of contract
on or before the ______ day of ___________ 20___ and will maintain the said works for
a period of ________Calendar months from the certified date of their completion and
will observe, fulfill and keep all the conditions therein mentioned (which shall be
deemed and taken to be part of this contract, as if the same have been fully set forth
herein), AND the Railway, both hereby agree that if the Contractor shall duly perform
the said works in the manner aforesaid and observe and keep the said terms and
conditions, the Railway will pay or cause to be paid to the Contractor for the said works
on the final completion thereof the amount due in respect thereof at the rates specified in
the Schedule hereto annexed.
Contractor _______________ (Signature) Railway: Designation ___________
Address _________________________ (For President of India)
Date _____________ Date _____________

Signature of Witnesses (to Signature of Contractor) with address:


Witnesses:
_____________________________ _____________________________
_____________________________ _____________________________

Page 52 of 103
DyCETMCL-MDS-11-18-19

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) **

I……………………………… (Name and designation)** appointed as the


attorney/authorized signatory of the tenderer (including its constituents),
M/s_____________________________ (hereinafter called the tenderer) for the
purpose of the Tender documents for the work of
____________________________________________ as per the tender
No.____________ of (------- Railway), do hereby solemnly affirm and state on the
behalf of the tenderer including its constituents as under:
1. I/we the tenderer (s) am/are signing this document after carefully reading the
contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed
all the pages in confirmation thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian
Railway website www.ireps.gov.in . I/we have verified the content of the
document from the website and there is no addition, no deletion or no alteration
to the content of the tender document. In case of any discrepancy noticed at any
stage i.e. evaluation of tenders, execution of work or final payment of the
contract, the master copy available with the railway Administration shall be final
and binding upon me/us.

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.

7. I/we understand that if the certificates regarding eligibility criteria submitted by


us are found to be forged/false or incorrect at any time during process for
evaluation of tenders, it shall lead to forfeiture of the tender EMD besides
banning of business for a period of upto five year. Further, I/we (insert name of
the tenderer) **_____________and all my/our constituents understand that
my/our offer shall be summarily rejected.

8. I/we also understand that if the certificates submitted by us are found to be


false/forged or incorrect at any time after the award of the contract, it will lead to
termination of the contract, alongwith forfeiture of EMD/SD and Performance

Page 53 of 103
DyCETMCL-MDS-11-18-19

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.

Page 54 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE – VI

TENDERER’S CREDENTIALS (BID CAPACITY)


NORTHERN RAILWAY
For works costing more than ₹ 20 cr. or as prescribed by Railways through
instruction/NIT issued for the work, the tenderers who meet the minimum eligibility
criteria will be qualified only if their available bid capacity is equal to or more than the
total bid value of the present tender. The available bid capacity shall be calculated as
under:
Available Bid Capacity = [A x N x 2] – B
Where
A = Maximum value of construction works executed and payment received in any one
financial year during the current and last three financial years immediately
preceding the current financial year, upto date of opening of tender, taking into
account the completed as well as works in progress.
N= Number of years prescribed for completion of work for which bids has been
invited.
B = Value of existing commitments and balance amount of ongoing works with the
tenderer to be completed in next ‘N’ years.
Note:
(a) The Tenderer(s) shall furnish the details of existing commitments and balance
amount of ongoing works with tenderer as per the prescribed proforma of Railway
for statement of all works in progress and also the works which are awarded to
tenderer but yet not started upto the date of opening of tender. In case of no works
in hand, a ‘NIL’ statement should be furnished. This statement should be
submitted duly verified by Chartered Accountant.
(b) In case of JV, the tenderer(s) must furnish the details of existing commitments and
balance amount of ongoing works with each member of JV as per the prescribed
proforma of Railway for statement of all works in progress and also the works
which are awarded to tenderer but yet not started upto the date of opening of
tender. In case of no works in hand, a ‘NIL’ statement should be furnished. This
statement should be submitted duly verified by Chartered Accountant.
(c) Value of a completed work/work in progress/work awarded but yet not started for
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.
(d) The arithmetic sum of individual “bid capacity” of all the members shall be taken
as JV’s “bid capacity”.
(e) In case, the tenderer/s failed to submit the above statement along with offer,
their/his offer shall be considered as incomplete and will be rejected summarily.
(f) The available bid capacity of tenderer shall be assessed based on the details
submitted by the tenderer. In case, the available Bid Capacity is lesser than
estimated cost of work put to tender, his offer shall not be considered even if he
has been found eligible in other eligibility criteria/tender requirement.

Page 55 of 103
DyCETMCL-MDS-11-18-19

SPECIAL TENDER CONDITIONS


1. Scope of the 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 tamping and stabilization of track using a complex of
track machines consisting of Ballast cleaning machine, tamper, stabilizer and ballast
regulating/profiling machine using contractors own machines along with his own spares,
consumables, staff etc. for operation and maintenance of the machines and other
operations for carrying out the work of deep screening, tamping and ballast profiling in
block during day or night as required at site, including all leads, ascend/descend,
crossing of drains/tracks as required for the work.
The work will primarily be carried out on Group D & E route of Northern Railways where
blocks are relatively easily available.

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.

Page 56 of 103
DyCETMCL-MDS-11-18-19

5.0 Technical Requirements: The general Technical requirements for machines and works
are given below:

i) Working Site a) On straight, transition and curved track (up to 10°) on


broad gauge (1676mm) of Indian Railways.
b) Turnouts 1:8 ½ and 1:12 or any other type.
c) In long continuous cutting/high bank. The machine
working in cuttings should not adversely affect the
side drainage.
d) On all types of track structures including rails of 60
kg/52 kg/90R on concrete/metal/ wooden sleepers on
tangent track as well as curves/ turnouts.
e) Machines shall be able to work in Track Circuited
areas.
f) Operation of Machine, involved in ballast cleaning
(Deep screening) should not result in excessive
stresses in the rails, sleepers and fastenings.
g) In case there are any specific requirements to bring
the rails to a minimum stress free condition before the
start of work (in case of LWR/CWR), the same should
be specified by the contractor during tendering.
h) While excavating, there may be few hidden
obstructions encountered by the excavating chains.
The excavating mechanism should be equipped with
a safety mechanism so as to stop the excavating
chains immediately on encountering a hidden
obstruction so as to avoid any damage to the
excavating mechanism or the machine.
i) The machine should be able to bypass obstruction
due to foundation of signal, OHE mast etc.
ii) Track Geometry The machine involved in ballast cleaning (Deep
Guidance screening) work shall be equipped with a Track
Geometry Guidance system. The Track Geometry
Guidance System shall restore the track near to
original/ modified longitudinal and lateral profile, as
required and pre-decided, after the track skeleton is
released back on the screened ballast bad.
iii) Profile of the machine a) Within the maximum moving dimensions shown in the
involved in ballast Indian Railways Standard BG schedule of Dimensions
cleaning (Deep (metric)-2004 print and is enclosed as Annexure-SOD
screening) work b) Machine shall be capable of working without requiring
longitudinally and in power block in electrified sections. 25 KVA AC is used
cross section during for traction through an overhead wire at 5.5 m above
movement rail level. On bridges and tunnels, the height of
overhead wire is restricted to 4.8 m.
iv) Minimum vertical 102 mm from rail level while travelling.
clearance of any
part/component of the
machine.
v) Axle load Lesser than 20.32 t (Axle loads upto 22.82 tonnes and
lower axle spacing may be permitted, provided the
load combinations do not cause excessive stresses in
the tracks & bridges of IR). Stresses in the tracks &
bridges shall be calculated by IR/RDSO based on
design data submitted by the firm and decision of
IR/RDSO shall be final in this regard.
vi) Minimum axle spacing 1.83m
vii) Load per metre Not exceed 7.67 t

Page 57 of 103
DyCETMCL-MDS-11-18-19

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)

6.0 Functional Requirements for works are given below:


The ballast cleaning (Deep screening) service contract shall involve following works:

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.

Page 58 of 103
DyCETMCL-MDS-11-18-19

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.

Page 59 of 103
DyCETMCL-MDS-11-18-19

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.

Page 60 of 103
DyCETMCL-MDS-11-18-19

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.

8.0 Scheduled Maintenance:

i) Daily maintenance will be done before/after ballast cleaning operations. Other


schedule maintenance (except minor/major over hauling) are to be performed at
appropriate time intervals in the 5 non-working days provided per month.
ii) Routine maintenance of undercarriage systems shall be undertaken by the firm.
iii) The Contractor should submit a list of critical spares to be maintained in the stock
on machine and maintain inventory of components/parts/materials for the track
machines accordingly in order to minimize the number of breakdowns and delays in
the operation
iv) Firm shall be responsible towards mounting and dismounting of unserviceable
components/ parts / materials on the machines. Firm shall be responsible for
providing sufficient number of serviceable components/ parts/materials on the
machines to minimize break down or delay.
v) Wheel and Bogie turnings (if needed and requested by contractor) will be
coordinated and executed by Railway and wheel turning charges of as applicable by
w/shop per wheel would be paid by the firm.
vi) During maintenance, all necessary consumables will be arranged by contractor and
no extra payment will be made for these.
vii) The maintenance schedule of the machine in accordance with the specifications and
recommendations of the manufacturer of such track machines shall be submitted
before commissioning of the machine. Maintenance and repair of the track
machines constituting the complex shall be performed in accordance with above
noted schedule. The contractor should submit a monthly certificate towards the
adherence to the maintenance as per above schedule, failing which machine will be
stabled on contractor’s account.
viii) The Contractor shall prepare and send to Railways the schedule of maintenance of
the track machines during the month, at least 7 days in advance of beginning of the
month.
ix) Based on the work plan provided by the Contractor, The Railways shall provide the
Contractor with a proposed monthly work plan before the beginning of the month,
duly incorporating the schedule maintenance requirements.

9.0 Maintenance of Records:

i) Maintenance records during Schedule and breakdown maintenance shall be


maintained in hard copy as well as soft copy as per format provided and updated
time to time.
ii) These records shall be provided to Railway representative on the machine in a
timely manner.
iii) Firm shall complete a standard daily report accurately depicting operational times,
delays, and machine availability. Railway representative has to sign daily report

Page 61 of 103
DyCETMCL-MDS-11-18-19

based on satisfactory completion of daily operational services. In case of difference


of opinion, he will write his observations on the daily report submitted by contractor
for his signature. The signed daily report shall be the basis for invoicing and shall
constitute Zonal Railway’s acceptance of day to day work apart from the completion
of scheduled maintenance in timely manner.
10.0 Mode of payment:
i) Work will be carriedout on per Km basis. Payment will be made as follows:
(a) The payment for the working of BCM, WST and DTS (separately for each machine
at specified rates) per km will be made for Deep screening of track after allowing
the trains to pass at a minimum speed of 40 kmph.
(b) For deep screening of turnout by BCM, payment will be made for 1.5 times the
length of turnout deep screened. Length of turnout for above calculation will be
measured along main line from stock joint up to center line of last long sleeper in
the turnout. Approaches of turnout will be paid at usual rate without any multiplying
factor and any additional effort in the same will be deemed to be included in the
rate paid for turnout as calculated above.
(c) The payment for the working of WST and DTS will be made per track km for
increasing speed for each subsequent round of tamping separately at specified
rates.
(d) For packing of turnout by WST/ off track tampers, payment will be made for 1.5
times the length of turnout subject to proviso of (b) above. Any damage or losses
to Railway/Public during ballast cleaning in case of fire or any other operation in
BCM will be borne by firm itself. Working of DTS will be paid without any factor.
ii) On completion of each calendar month, the Contractor shall submit an invoice and
work completion certificate based on the signed daily reports and forward them to
the Railways.
iii) The Railways shall pay for the works performed by the Contractor after the scrutiny
on the basis of the invoice and work completion certificate.
11.0 Instructions to Tenderers

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

Page 62 of 103
DyCETMCL-MDS-11-18-19

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.

Page 63 of 103
DyCETMCL-MDS-11-18-19

9. The Railways shall depute an authorised representative (JE/SSE/PWay) for the


supervision of the site where the work is to be carried out by the track machine. He will
also arrange for the transfer of the machines from one site of the railway to another. No
payment will be charged by Railways for such supervisor.
10. Complete and up to date records for daily, weekly, monthly and other maintenance will
be maintained by the contractor and counter signed by IR. officials. The
daily/weekly/monthly and all progress report in the special format shall be mailed to
division/zone/RDSO/Rly board, as directed from time to time, for which arrangements
shall be made on the machine.
11. The contractor shall maintain the history book, log book and all other documents
prescribed for track machines as per IRTMM and any other document that may be
prescribed further in due course of time. The daily progress and history shall be mailed
to the nominated IR official along with weekly and monthly progress reports in the
prescribed format.
12. In order to ensure security and maintain communication between the Contractor's team
and Railways's representatives, contractor shall furnish adequate VHF sets for
communication for safe operation of Machine. This should include at least 6 hand free
devices.
13. Contractor shall keep adequate spares likely to be consumed.
14. Each party agrees to indemnify, defend, and hold harmless the other party from all
liability, cost or expense (including any court costs) caused by the joint and/or concurring
negligence of the parties, arising on account of injury to or death of any employee, agent
or representative of the indemnifying party during the performance of the Services or
who shall, if not performing Services, be present as a bystander or otherwise on the
property of either party, provided always, however, that if the injury or death to an
employee of an indemnifying party is caused solely by the negligence of the other party
then this indemnity and hold harmless provision shall be null and void, and the party who
solely caused the injury or death shall bear the cost or expense. Notwithstanding any
provision herein to the contrary, Contractor total cumulative liability for any or all claims
arising out of this agreement shall not exceed the three month value of this contract.
15. If there is deficiency of staff on Machine w.r.t. minimum stipulated staff in operation and
maintenance (minimum staff in Operation and Maintenance shift put together for all
machines in the complex), for reduction in staff strength upto 75% of specified staff
strength, a penalty of Rs 3000, 2000 and 1000 per person per shift will be levied for
shortage in Operator, Technician and Helpers respectively. Machine will be considered
not available for working if staff available is less than 75% of specified staff rounded off
to nearest integer as per IS:2, in each category.
For maintaining attendance of the staff for this purpose, the contractor has to provide
biometric attendance system in the camping coach & he shall ensure it is working
condition always. No extra payment shall be admissible on this account.
16. No staff shall be in intoxicated stated when reporting for duty. On first violation, the staff
will not be counted on duty and will not be allowed to work for next 3 days. On second
violation, contractor will be bound to remove the staff from site.
17. The blocks may be allowed at any time of day (day or night) and no extra payment will
be made for the night blocks except that mentioned in the schedule.
18. The machine should be provided with sufficient external lights so as to make them
capable to work in night. Contractor shall made his own arrangements of extra lighting at
site for working in night and nothing extra will be paid for the same, except as provided
in the scheduled items.

Page 64 of 103
DyCETMCL-MDS-11-18-19

Annexure-SOD

Page 65 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE – A

Name of the Bank: ----------


President of India,
Acting through Dy.Chief Engineer/TMC/Line,
Northern Railway, S.E.Road, New Delhi

Bank Guarantee Bond No.: -------- Date:--------


-
PERFORMANCE GUARANTEE BOND
In consideration of the President of India acting through----- (Designation & address of
Contract Signing Authority), Northern Railway, ……………., Delhi (hereinafter called “The
Government”) having agreed under the terms and conditions of agreement/Contract
Acceptance letter No.-------------------------------------------dt……………. made
between…………. (Designation & address of contract signing Authority) and …………….
(here in after called “the said contractor(s)” for the
work……………………………………………………………………………………………….. (here in after
called “the said agreement”) having agreed for submission of a irrevocable Bank
Guarantee Bond for Rs……. ( Rs……only) as a performance security Guarantee Bond
from the contractor (s) for compliance of his obligations in accordance with the terms &
conditions in the said agreement.

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.

Page 66 of 103
DyCETMCL-MDS-11-18-19

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.

Dated: the day of for


(indicate the name of bank)
Signature of Banks Authorised official
( Name )-------
Designation with Code No.---------
Full Address-----------
Witness

1………………………………….
2………………………………..

Page 67 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE-B

Reference Para 48.(3) of GCC


FINAL SUPPLEMENTARY AGREEMENT
Articles of agreement made this day _______ in the year ____________ between the
President of India, acting through the _____________ Railway Administration having
his office at ______ herein after called the Railway of the one part and
_________________ of the second part.
Whereas the party hereto of the second part executed an agreement with the party hereto
of the first part being agreement Number _________dated ____for the performance
__________herein after called the ‘Principal Agreement’.
And whereas it was agreed by and between the parties hereto that the works would be
completed by the party hereto of the second part on _______date last extended’ and
whereas the party hereto of the second part has executed the work to the entire
satisfaction of the party hereto of the first part.
And whereas the party hereto of the first part already made payment to the party hereto
of the second part diverse sums from time to time aggregating to ₹ _____ including the
final bill bearing voucher No.________ dated_________of value
____________________ (the receipt of which is hereby acknowledged by the party
hereto of the second part in full and final settlement of all his /its claims under the
principal agreement.
And whereas the party hereto of the second part have received further sum of ₹ _______
through the final bill bearing voucher No.____________ dated _________ (the receipt of
which is hereby acknowledged by the party thereto of the second part) from the party
hereto of the first part in full and final settlement of all his/its disputed claims under
principal agreement.
Now, it is hereby agreed by and between the parties in the consideration of sums already
paid by the party hereto of the first part to the party hereto of the second part against all
outstanding dues and claims for all works done under the aforesaid principal agreement
including /excluding the security deposit, the party hereto of the second part have no
further dues of claims against the party hereto of the first part under the said Principal
Agreement. It is further agreed by and between the parties that the party hereto of the
second part has accepted the said sums mentioned above in full and final satisfaction of
all its dues and claims under the said Principal Agreement.
It is further agreed and understood by and between the parties that the arbitration clause
contained in the said principal agreement shall cease to have any effect and/or shall be
deemed to be non-existent for all purposes.
Signature of the Contractor/s for and on behalf of the President of India
Witnesses
_______________________
ADDRESS:______________

Page 68 of 103
DyCETMCL-MDS-11-18-19

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

particular the following:-

1. Topography of area.

2. Sources and availability of materials.

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

service roads/approaches to be constructed by me/us

6. The availability and rates of private land etc. that shall be required by me/us for various

purposes.

7. Climatic conditions and availability of working days.

I/We have quoted my/our rates for various items in the schedule of items, quantities and

rates taking into account all the above factors also.

Signatures of the Tenderer/s

Page 69 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE-‘D’

CONSTITUTION OF THE FIRM

1. Full name of contractor/s


2. Constitution of firm Sole Prop/ Partnership Firm/
Company/ JV/ Society

(tick as appropriate)

Name of Proprietor/ partners/ JV members/

executives/ power of attorney Holders etc

3. Year of establishment.
4. Registered Head Office,
Address.

5. Branch office/s in India


6. Address on which correspondence
regarding this tender should be done.

7. Particulars of registrations with Govt./ Semi


Govt. Organization,Public sector,
undertakings and local bodies etc.
8. PAN :-
9. GST No.

We have uploaded with the tender, all the requisite documents pertaining to the constitution

of the Firm/ Concern/Company, etc. as specified in clause 2.4.1. of “ Special Tender

Conditions & Instructions to Tenderer(s) . I/We understand in the absence of these

documents , our tender shall be treated as having been submitted by the individual who has

signed the Tender Documents.

Signatures of the contractor/s

Page 70 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE – E

Details of Plant and Machinery already available with the firm.

S.No Particulars No. of Kind & Capacity Date by Age & Work on

. of Unit. make which the condition which it is

equipment plant being used.

would be

available

for use

on this

work

1 2 3 4 5 6 7 8

Signature of the Tenderer/s

Page 71 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE –F

LIST OF ENGINEERS/PERSONNEL ALREADY AVAILABLE/ PROPOSED TO BE

EMPLOYED FOR DEPLOYMENT ON THIS WORK:

S.No. Name & Qualification Professional Organization Date by which

Designation experience with whom personnel will be

working available for this

work.

1 2 3 4 5 6

Signatures of Tenderer/s

Page 72 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE-G

STATEMENT OF WORKS EXECUTED/COMPLETED BY THE CONTRACTORS DURING

LAST THREE YEARS

S. No. Name and place Authority /agency for which Date of award & agreement

of work work was carried out No. & Date

1 2 3 4

Date of completion Agreemental Principal /Technical S.No. at which relevant

(original /actual ) cost /completion features work in brief certificate /documents

cost. are attached.

5 6 7 8

Signature of the Tenderer/s

Page 73 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE – H-1

Statement of works being executed/in hand by the contractor/s

S. Name and Authority/agency Date of award & Date of completion (Original/

No place of for whom the work agreement No. & actual)

. work is being carried out Date

1 2 3 4 5

Agreemental Principal/ Technical S.No. at which relevant Payment taken till

cost of work features work in certificate/Documents are date of opening of

cost/Completio brief attached tender.

n cost

6 7 8 9

Signatures of the Tenderer/s

Page 74 of 103
DyCETMCL-MDS-11-18-19

ANNEXURE 'H-2'

Detail of contractual payment received in last three financial year and current

financial year.

S.No. Name of Name of Detail of For the Total contract amount

work employer payment financial received

year

1 2 3 4 5 6

Signatures of the Tenderer/s

Page 75 of 103
DyCETMCL-MDS-11-18-19

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

Page 76 of 103
DyCETMCL-MDS-11-18-19

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.

Page 77 of 103
DyCETMCL-MDS-11-18-19

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

Page 78 of 103
DyCETMCL-MDS-11-18-19

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”).

Page 79 of 103
DyCETMCL-MDS-11-18-19

Example on Evaluation of Technical & Financial Eligibility of Partnership Firm


A tendering partnership firm “ABCD” has four constituent partners namely “A”, “B”, “C”&
“D” with their respective shares as 40%, 30%, 20% & 10%, but this firm has not executed
any work in its own name and style. However, the constituent partners have executed the
work in earlier partnership firm(s) or as sole proprietor as under:-
(i) Partnership firm “ABZ” having three partners namely “A” , “B” & “Z” with respective
shares of 10%, 20% & 70%, has executed a work of value Rs.10.00 crores earlier.
(ii) Partnership firm “CYX” having three partners namely “C”, “Y” & “X” with respective
shares of 50%, 30%, & 20%, has executed a work of value Rs.5.00 crores earlier.
(iii) Sole proprietorship firm “P” having “D” as sole proprietor has executed a work of
value Rs.2.0 Crores earlier.
The evaluation of technical and financial eligibility of tendering firm “ABCD” shall be
done by taking proportionate share of credentials of partners A, B, C and D derived
from their earlier partnership firms to be reduced further by their percentage share in
the tendering firm as calculated in table below:
1 2 3 4 5
Part Credentials of Credentials of Credentials of “D” Contribution of “A”, “B” ,”C” & “D” to
- “A” & “B” “C” derived derived from credentials of tendering firm “ABCD”
ner derived from from firm “CYX” Proprietorship firm “P”
s firm “ABZ” which firm which has which has executed
has executed executed work work of Rs.2.0 cr.
work of Rs.10.0 of Rs. 5.0 cr.
cr.
% Proport % Prop % Proportiona % share Proportio-nate
shar ionate share ortio- share te in Contribution to “ABCD”
e in Creden in firm nate in firm Credentials “ABCD”
firm tials “CYX” Cred “P”
“ABZ ential
” s
A 10% 10% of - - - - 40% 40% of 1 Cr =0.4Cr
10Cr. =
1.0 Cr.
B 20% 20% of - - - - 30% 30% of 2 Cr. = 0.6 Cr
10Cr. =
2.0 Cr.
C - - 50% 50% - - 20% 20% of 2.5Cr. =0.5Cr.
of 5
Cr=
2.5Cr
D - - - - 100% 100% of 10% 10% of 2Cr. = 0.20Cr
2Cr= 2.0Cr
Evaluation of Technical Eligibility :-
Any one of the partners of “ABCD” tendering firm viz A, B, C or D should satisfy
the technical eligibility criterion on the basis of his/her proportionate share of
credential in the earlier partnership firm reduced further by his percentage share
in the tendering firm. As calculated in above table, the contribution of partners A,
B, C & D towards the credentials of tendering firm “ABCD” will be taken as Rs.
0.40 cr., Rs. 0.60 cr., Rs. 0.50 cr., Rs. 0.20 cr respectively. Thus, in this example
the firm “ABCD” is deemed to have executed one single work of maximum value of
Rs. 0.60 Cr. for the purpose of technical eligibility criteria.
Evaluation of Financial Eligibility :-
The arithmetic sum of the contribution of all the partners of tendering firm “ABCD”
derived on the basis of their respective proportionate share in the earlier
partnership firms reduced further by their respective percentage share in the
tendering firm, in this example will be taken as Rs. 1.70 Cr. (i.e. A + B + C+ D =
0.40 + 0.60 + 0.50 + 0.20 = 1.70 cr.). Thus, in this example, the firm “ABCD” is
deemed to have received contractual payments of Rs. 1.70 Cr. for the purpose of
financial eligibility criteria.

Page 80 of 103
DyCETMCL-MDS-11-18-19

Annexure - L

NORTHERN RAILWAY
(Standard Format)
COMPLETION CERTIFICATE

The work of “------------------- (Full name of the work) -------------------------” has been
Completed with following details:-

1 Name & complete address of the


contractor.

2 Nature of entity (sole prop/ partnership


firm/ company / JV)
3 In case of Sole proprietorship, the name
(a) of sole proprietor
(b) In case of partnership firm/JV, the names &
shares of various partners/ members.
4 Date of Acceptance/LOA
5 Agreement No. & date
6 (i) Original Agreement Cost
(ii) Final Agreement Cost
7 Total payment made along with financial
year-wise break-up
8 Original date of completion (DOC)
9 (a)Actual date of completion
(b)Whether extension to DOC given with
penalty or without penalty
10 Brief description of nature & scope of
work
11 Performance of contractor
(Satisfactory/unsatisfactory)

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.:-------------------------------

Page 81 of 103
DyCETMCL-MDS-11-18-19

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).

SN Financial Cumulative Breakup of Supporting Placed


year contractual individual values documents at S.
payment included in (16A, 26As, No.
received cumulative Employer
payment (col.3) certificate)
1 2 3 4a 4b 4c
1.
2.
3.
4.

Cumulative value

Page 82 of 103
DyCETMCL-MDS-11-18-19

Annexure-N-1
Request letter from Executive branch to Accounts Office for opening of LC

Office of…………. Railway


No.____________________________ Dated______________

The PFA/Sr.DFM/Dy.FA
HQ/Division/Workshop/ Cost.

Sub: Opening of LC
Ref: Supply Order/Contract Agreement No.

It is requested to open a sight LC against the above referred Order/Agreement in favour


of _________________ . The details of beneficiary are as under:
(i) Name of Contractor/Supplier
(ii) Vender Code
(iii) Address
(iv) Tender No.
(v) Contract Agreement No.
(vi) Description of Goods/Service
(vii) Value of Contract
(viii) Stages of payment
(ix) Expected payment within 6 months (LC Amount)
(x) Beneficiary bank details
a) Bank name
b) Address
c) Account No.
d) IFSC code
(xi) Validity/Period for which LC is to be opened:

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)

Page 83 of 103
DyCETMCL-MDS-11-18-19

Annexure-N-2
LCDA No. (18 DIGIT IPAS GENERATED NO.) :___________________
Dated:___________________

DOCUMENT OF AUTHORIZATION

Reference : (i) Works Contract/supply Contract No._________ Dated________


(ii) Inland Letter of Credit No._________ Dated______

This document is issued against contract No…………(FROM IREPS) -------- Dated------


for supply/work of……………………………………. (DESCRIPTION OF
GOODS/WORKS FROM IREPS) ---------------

The beneficiary of the aforementioned Letter of Credit M/s……………. (NAME AND


VENDOR CODE)………….. (Vender Code……………… as per IRPES…………) is
entitled to receive payment aggregating INR----$$$----- (FROM ABSTRACT OF BILL
PASSED). Out of a total LC amount of INR…… (FROM MASTER TABLE OF LC
OPENED)………………………. Against the first/second* commercial Invoice No.
(FROM IPAS)_________ dated _____FROM IPAS_____ for INR (FROM IPAS ---------
raised against the above contract from State Bank of India--------(branch- FROM LC
MASTER TABLE)----- on the strength of this Certificate.

The details of payments already made to the beneficiary under this Letter of Credit are
as follows:

S.No Invoice Invoice Invoice LCDA No LCDA Amount


No Amou dat pai
Date
nt(INR e d
) (IN
R)

Total
Pai
d

THE PAYMENT: -INR_________________


LC BALANCE AFTER THIS PAYMENT:_________
(Signature of authorised Railway authority)
Name
Designation
Official Seal

Page 84 of 103
DyCETMCL-MDS-11-18-19

Annexure-O-1

AFFIDAVIT BY SOLE PROPRIETORSHIP 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 proprietor of the firm)

I………………..S/o Shri ………………………………………….aged about ………..years


R/o………………………………………………………………………….do hereby solemnly
affirm and declare as under:

1. That I am running a business in the name and style of M/S…………………. which is a


sole proprietorship firm and which has got GST registration No……………..

2. That I am the sole proprietor of the said firm M/S ……………………………………

3. That the Head office of the above named firm is situated at


…………………………………………………………………………..

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

(Seal and signature of Notary Public)

Notes: 1 The document should be notarized at its place of execution (Place of


signing the document).
2 Each page of the document should be signed by executants.

Page 85 of 103
DyCETMCL-MDS-11-18-19

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………………….………

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 ……………………………………… ……………………………………….. (hereinafter to be
referred as 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 “____________________________________________________________”

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.

Page 86 of 103
DyCETMCL-MDS-11-18-19

Specimen signatures of the Attorney are appended below.

IN WITNESS WHEREOF this deed has been signed and sealed by us the under named, on
this………………… day of………………… 20…. , in presence of:
WITNESSES:

Signature Executants Partners


Name: (Name )
Address: ( Signature)

1……………………………..
…………………………………..
2. ……………………………..
…………………………………..
3. ……………………………..
…………………………………..
4. ……………………………..
…………………………………..
Signature
Name:
Address:

Specimen Signatures of Attorney Holder(s) in token of acceptance:


(1) Name…………………………… Signature……………………
(2) Name…………………………… Signature………………………

Executed and Signed before me on this…………day of ……. At


……………………………..(place).

(seal and signature of Notary Public)


Notes:
1. In this format space has been provided for entering details of four partners & two 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 87 of 103
DyCETMCL-MDS-11-18-19

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: “……………………………………………………………………………………………”

The aforesaid Joint Venture shall be known by the name


“………………………………………………..” (Hereinafter called the Joint Venture which
Expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns.

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.

Page 88 of 103
DyCETMCL-MDS-11-18-19

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:

1. First Party (signature)


Name:
Seal

2. Signature 2. Second Party (signature)


Name:
Address: Name:

Seal

Specimen Signatures of Attorney Holder in token of acceptance:


Name…………………………………Signature…………………

Executed and Signed before me on this…………day of ………………. At …………..(place).

(Seal and signature of Notary Public)

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.

Page 89 of 103
DyCETMCL-MDS-11-18-19

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)

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………………….………

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……………………………………………………………………………..

AND WHEREAS it has come to our knowledge that NIT No._____________________________


has been issued by Northern Railway for the work namely
“___________________________________________________________________________”
We all the above named partners on behalf of the above named firm hereby give our consent to
participate in the above tender in Joint Venture.

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. …………………………….. …………………………………..

(Seal and signature of Notary Public)


Notes: 1. In this format space has been provided for entering details of four partners and two
JV constituents 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 90 of 103
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)

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………………….………

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……………………………………………………………….. (hereinafter tobe referred as 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.

Specimen signatures of the Attorney are appended below.

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. Signature Executants Partners
Name:
Address: (Name ) ( Signature)
1……………………………..
…………………………………..

2. Signature 2. ……………………………..
Name: …………………………………..

Address: 3. ……………………………..
…………………………………..

4. ……………………………..
…………………………………..

Specimen Signatures of Attorney Holder(s) in token of acceptance:

(1) Name………………………………Signature……………………
(2) Name………………………………Signature……………………

Executed and Signed before me on this…………day of ……… At ………………..(place).

(Seal and signature of Notary Public)


Notes: 1. In this format space has been provided for entering details of four partners, two
constituents of JV and two attorney holders, however if the number vary the details
may accordingly be entered.
2. The document should be notarized at its place of execution.
3. Each page of the document should be signed by executants.

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)

I…………………….S/o Shri…………………………………….aged about


…………………..years R/o………………………………………………………………
…………………. do hereby solemnly affirm and declare as under:

1. That I am running a business in the name and style of M/s………………………….


which is a sole proprietorship firm and which has got GST registration
No……………………...

2. That I am the sole proprietor of the said firm M/S


……………………………………………………………………………………………

3. That the Head office of the above named firm is situated


at…………………………………………………………………………………………….

4. That I through my above named firm shall participate in the tender


No.____________________________ issued by Northern Railway for the work namely
“_______________________________________________________________________” in
Joint Venture and for the purpose shall enter into and execute joint venture agreement with
M/S__________________________& M/S___________________________ (name of other
constituent(s) of joint venture).

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

(Seal and signature of Notary Public)


Notes: 1. In this format space has been provided for entering details of two constituents of the
JV 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 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)

EXTRACT OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF


DIRECTORS OF (Company Name) ___________________________________
(CIN_________________________________) (hereinafter referred to as company) HELD ON
(Date) _______________ AT (Address) _______________________________________

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.

Resolved further that Board authorizes Mr./Ms.___________________________________


(name and designation) of the company to execute Power of Attorney in terms of this resolution
in favour of Mr./Ms._______________________& Mr./Ms.___________________________ the
person(s) above named.

The acts done and documents executed by such above named authorized person(s) shall be
binding on the company.
For the Organization,

(Seal of company & Signature of authorized person)


Name: __________________________________
Designation: _________________
Place:
Dated:
Executed and Signed before me on this…………day of …………At ……………..(place).

(seal and signature of Notary Public)

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

POWER-OF-ATTORNEY BY A COMPANY (incorporated under companies Act) for


entering into JOINT VENTURE AGREEMENT.

(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)

KNOW ALL MEN BY THESE PRESENTS: WHEREAS M/S …………………


……………………………………………………… (name of company & CIN number) is a
Company registered under the Companies Act, 2013, and having its registered office
at………………… (Hereinafter called the 'Company').

AND WHEREAS by its resolution No………………… passed in the meeting held


on………………… of the Board of directors of the company the company (company name) has
decided to participate in the tender No.___________________________________ issued by
Northern Railway for the work namely
“_________________________________________________________________________”

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.

I………………………………………………………(name and designation) the authorized


representative of M/S ………………… ……………………………………………………… (name of
company) duly authorized in this behalf by aforesaid resolution do hereby irrevocably constitute,
nominate, appoint and authorize Mr./ Ms. ____________ (designation) ____________(address)
______________________& Mr./ Ms. Mr./ Ms. ____________(designation)
____________(address) ______________________who is/are presently holding the above
mentioned position in the company as our true and lawful attorney (hereinafter referred to as
“Attorney”) of the company to jointly or severally exercise all or any of the following powers for
and on behalf of M/S ………………… ……………………………………………………… (Name of
company & CIN number) in connection with aforesaid bid:

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:

Specimen Signatures of Attorney Holder in token of acceptance:

(1) Name ……………………………… Signature……………………


(2) Name ………………………………… Signature…………………

Executed and Signed before me on this…………day of ………………. At ………..(place).

(Seal and signature of Notary Public)

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

POWER-OF-ATTORNEY FOR SIGNING OF BID (when Tenderer is company incorporated


under companies Act)
(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)

KNOW ALL MEN BY THESE PRESENTS: WHEREAS M/s …………………


……………………………………………………… (name of company & CIN number) is a
Company registered under the Companies Act, 2013, and having its registered office
at…………………………………………………………………… (hereinafter called the 'Company').

AND WHEREAS by its resolution No………………… passed in the meeting held


on………………… of the Board of directors of the company the company (company name)
have decided to participate in the tender No.___________________________________ issued
by Northern Railway for the work namely
“_______________________________________________________________________”

I………………………………………………………(name and designation) the authorized


representative of M/S ………………… ……………………………………………………… (name of
company) duly authorized in this behalf by aforesaid resolution do hereby irrevocably
constitute, nominate, appoint and authorize Mr./ Ms.____________(designation)
____________(address) ______________________ & Mr./ Ms. Mr./ Ms.
____________(designation) ____________(address) ______________________ who is/are
presently holding the above mentioned position in the company as our true and lawful attorney
(hereinafter referred to as “Attorney”) of the company to jointly or severally exercise all or any of
the following powers for and on behalf of M/S
………………………………………………………………………… (name of company & CIN
number) 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 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:

Specimen Signatures of Attorney Holder(s) in token of acceptance:

(1) Name ………………………………… Signature…………………

(2) Name…………………………………… Signature………………

Executed and Signed before me on this…………day of …………. At ……………..(place).

(seal and signature of Notary Public)

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)

EXTRACT OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF


DIRECTORS OF (Company Name) ___________________________________
(CIN_____________________) (hereinafter referred to as company) HELD ON (Date)
_______________ AT (Address) _______________________________________________

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 .

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.

Resolved further that Board authorizes Mr./Ms.___________________________________


(name and designation) of the company to execute Power of Attorney in terms of this resolution
in favour of Mr./Ms.____________________________&
Mr./Ms.___________________________ the person(s) above named.

The acts done and documents executed by such above named authorized person(s) shall be
binding on the company.

For the Organization,

(Seal of company & Signature of authorized person)


Name: __________________________________
Designation: _________________
Place:
Dated:

Page 100 of 103


DyCETMCL-MDS-11-18-19

Executed and Signed before me on this…………day of ……... At …………………..(place).

(Seal and signature of Notary Public)

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).

Page 101 of 103


DyCETMCL-MDS-11-18-19

ANNEXURE-‘O-11’

FORMAT FOR JOINT VENTURE MEMORANDUM OF UNDERSTANDING/ AGREEMENT.

THIS JOINT VENTURE MEMORANDUM OF UNDERSTASNDING (MOU) AGREEMENT


EXECUTED AT …………………………….. on this …………day of ……….. 201 between M/s
…………………………………………………… Registered office at ………………..as the first
party M/s ……………………… Registered office at…………. as the second party M/s
……………………… Registered office at…………. as the Third party (The expression and
words of the first and second and third party shall mean and include their heirs successors,
assigns, nominees execution, administrators and legal representatives respectively.)

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.

NOW THIS MOU/AGREEMENT WITHNESSTH AS UNDER:

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:

The first party shall be responsible for ……………………………….


The second party shall be responsible for ……………………………
The third party shall be responsible for ………………………………

4. The share of profit and loss of each constituent of the said Joint Venture shall be as
under

Page 102 of 103


DyCETMCL-MDS-11-18-19

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.

8. That the party number …………………………………………………….. to this Joint


Venture shall be the prime (lead) contractor and will be responsible for
timely completion of work and to co-ordinate with the Railways to receive
payments and also to make all correspondence on behalf of this
Consortium/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

Page 103 of 103

You might also like