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					                                         EASTERN RAILWAY
                            OFFICE OF THE CHIEF MATERIALS MANAGER (BI)
                               3, KOILAGHAT STREET, KOLKATA – 700 001.

Advertised Tender No. 1071/ S.4.S/TRANSPORT/CWP/Wheels/2009-10

Due Date:         30.04.2010                                                                       No. of pages: 22

Tender to reach before: 13:30 Hrs. on 30.04.2010.

Cash Receipt No.                             Date:

Opening Time: 14:00 Hrs on 30.04.2010.

Cost of the Tender Form: Rs.5000/- (Rs. Five Thousand only)

Tenderer’s Name and Address:


SL.NO.            PART                       DESCRIPTION                                           PAGE NO.

1.                PART-I                     OFFER LETTER                                           2

2.                PART-II                    INSTRUCTION TO
                                             TENDERERS &
                                             TENDER CONDITIONS                                     3-8

3.                PART-III                   SPECIAL CONDITIONS
                                             OF TENDER                                             9 - 16

4.                PART-IV                    PRICES & PAYMENT                                      17 - 18

5.                PART-V                     SCHEDULE OF WORK                                      19 - 20

6.                PART-VI                    ARBITRATION                                           21 - 22

                                                                                       For Chief Materials Manager (BI)

                                                                                                                      Page 1 of 22
                                                                                          PART – I
                                        OFFER LETTER
President of India,
Acting through the Chief Materials Manager (BI),
Eastern Railway,
3, Koilaghat Street, Kolkata – 700 001.

SUB: Tender No. 1071/S.4.S/TRANSPORT/CWP/Wheels/2009-10

             CHHAPRA, BIHAR.
1. I/We ______________________________________ have read the terms and conditions
   incorporated in this Tender document and agree to abide by the said terms and conditions.
   I/We also agree to keep this tender open for acceptance for a period of 120 days from the
   date fixed for opening the same and in default thereof , I/We will be liable for forfeiture of my
   /our “Earnest Money” enclosed hereof.

2. I/We offer to execute the work in accordance with the terms and conditions incorporated in
   the tender document at the rates quoted in the Schedule of Rates & thereof.

3. I/We offer to complete the work in all respects within the stipulated Period of 12 months
   from the date of issue of Letter of Acceptance.

4. I/We also hereby agree to abide by the General Conditions of Contract (GCC) of Eastern
   Railway as amended from time to time and to execute the work in accordance with the
   Special Conditions of Contract embodied in this Tender document.

5. A sum of Rs. 1,45,810/- only (Rupees One Lakh Forty Five Thousand Eight Hundred ten
   Only) is submitted herewith as the Earnest Money Deposit (EMD) by way Cash Receipt in
   original / DD / PO / Banker’s Cheque, Bearing No. ____________________ DT. _______ drawn
   in favour of the FA & CAO, Eastern, Kolkata on SBI or any Nationalised Bank . I/We are
   liable for forfeiture of the full amount of the EMD without prejudice to any other right or
   remedies in case my/our tender is accepted and if I/We do not execute the Contract
   Agreement within 7(seven) days of the date of intimation that the agreement is ready for

6. Until the Contract Agreement is executed, the acceptance of this tender by the Railway
   Administration shall constitute to be a binding contract between me/us and the Railway /
   Eastern Railway, subject to modification as may be mutually agreed to and indicated in the
   letter of Acceptance for the subject work.

                                                       (Signature & Seal of Tenderer s)
                                                           Address of the Tenderer(s)
1. Signature: __________________                2. Signature: _______________________
   Name     :_____________________                 Name     : _________________________
   Address : ______________________                Address :___________________________
                                                                                            Page 2 of 22
                                                                                      PART – II

1. Title & Scope of Works:


2. The General Conditions of Contract:

The terms and conditions embodied in this Tender Paper shall be read together with the General
Conditions of Contract (GCC) of Eastern Railway wherever applicable. The GCC is a priced
publication and can be purchased from the Railway by paying the applicable amount to the
Chief Cashier, Eastern Railway, Kolkata. Should there be any conflict between the terms and
conditions incorporated herein and that in the GCC, the import of the former shall prevail over
the latter.

All the powers vested with “Engineer” under the aforesaid GCC shall also be exercisable under
this contract by COS, CMM, Dy. CMM, SMM, AMM or any other authorized officer of Eastern

3. Sale of Tender Papers:

Tender Papers can be obtained from the office of Controller of Stores (IB Section), Eastern
Railway, 17, N. S. Road (2nd Floor), Kolkata – 700 001, against payment of Rs. 5,000/- (Rs. Five
Thousand) in cash with Chief Cashier, Eastern Railway or Money order / Crossed Indian Postal
Order / Demand Draft in favour of FA & CAO, Eastern Railway, Kolkata on SBI or any other
nationalized bank and up on submission of the same in original w.e.f. 01.04.2010 to 29.04.2010
from 10:00 Hrs to 16:00 Hrs.

4. Tenders Not Transferable:

Tender Papers shall not be transferable. The Tenderer shall submit their offer only in the
prescribed Tender Documents purchased by them.

5. Signing the Tender Paper:

The Tenderer shall sign each one of the individual pages of the Tender Paper as an expression of
acceptance of the terms and conditions of this Tender.

6. Offer Validity:

The Tenderers shall keep their offer open for acceptance for a period not less than 120 days (One
hundred & Twenty days) from the date of opening of the tenders.

7. Language for Tendering /Contracting:

The Tender shall be acceptable only in ENGLISH language. Tenders submitted in any other
language shall not be acceptable. All the correspondence pertaining to this Tender and the
Contract emerging out of it, in any case, shall be in English.
                                                                                         Page 3 of 22
 8. Expression of Currency:

 The expression of the currency of transaction shall be in the Indian Rupees.

 9. Expression of Time:

 The expression of time shall be in the Indian Standard Time.

10. Earnest Money Deposit:

Tenderer shall deposit Earnest Money of Rs. 1,45,810/- (Rupees One Lakh Forty Five
Thousand Eight Hundred Ten Only) with the Tender for the due performance of the stipulation
to keep the offer open for acceptance till the expiry of the Validity Period specified at Clause(6)
above. Accordingly the validity of the instrument of the Earnest Money Deposit (EMD) shall be
coextensive / beyond the Offer Validity Period. The EMD shall be submitted by the Tenderer
along with their offers in any one of the following valid forms:

10.1 Cash Receipts: Cash Receipt in ORIGINAL received against the requisite deposit made with
the Chief Cashier, Eastern Railway, Kolkata - 700001.

10.2 Demand Draft/Pay Order: Demand Draft or Pay Order drawn on SBI or any Nationalised
Bank in favour of the FA & CAO, Eastern Railway, Kolkata.

10.3 Banker’s Cheque : Banker’s Cheque drawn on SBI or any Nationalised Bank in favour of the
FA & CAO, Eastern Railway, Kolkata.

10.4 Demand Drafts drawn on Scheduled banks (which are approved by RBI) will be considered
     valid only after encashment and after ensuring that money is realized in the accounts of
     Bank Guarantee Bonds shall not be acceptable as EMD.
     Tenders not received with the requisite EMD in the valid form shall be rejected
     No interest shall be payable on the EMD.
     The entire amount of the EMD shall be forfeited in case a Tendered resiles from or
     withdraws his offer.
     The EMD of the unsuccessful Tenderer(s) will be returned upon finalization of the
     Tender and award of the contract to the successful Tenderer or upon discharge of the

11. Submission of Tenders:

11.1 The Tender shall be closed at 13:30 Hours (IST) on 30.04.2010. Accordingly the tenders duly
sealed and superscribed as (Tender for transportation of Steel Scrap consisting of Condemned
Railway Wheel sets & Wheel Discs/Centres from various Railway Units of Eastern Railway to Cast
Steel Wheel Manufacturing Plant, Bela (Chhapra), Bihar, shall be dropped in the prescribed
tender box outside the chamber of The Controller of Stores, Eastern Railway, Kolkata – 700 001
not later than 13.30 Hours (IST) on 30.04.2010.

11.2 Tender may also be sent by registered post, but no tender which is received after due time
shall be considered.

                                                                                           Page 4 of 22
11.3 Tenders shall be opened at 14.00 Hours on the same day i.e., on 30.04.2010 and at the same
venue i.e., the office of the Controller of Stores, 17, N. S. Road (2nd Floor), Kolkata – 700 001.

11.4 Tenders delayed/late on any account, Postal or otherwise, are liable to be rejected. Tenders
sent by Post shall be under Registered Cover with Acknowledgement Due.

11.5 In case the due date of the Tender Closing /Opening happens to be a Holiday, the tenders
shall be Closed and Opened on the next working day at 13.30 Hours and 14.00 Hours
respectively at the same venue. No separate notice shall be issued in this behalf.

11.6 The EMD shall be submitted along with the tender as brought out vide clause (10). The offer
of the tender, which are found not accomplished by the required EMD during the tender opening,
shall stand rejected summarily.

11.7 The tenderer shall submit their offers in one cover duly sealed and super scribed “Tender
No.” and “Tender for”. The tenders submitted in any other form shall not be acceptable. Bids in
any other form, telegraphic, facsimile, etc. shall not be acceptable.

11.8 If there is any ambiguity in the rates quoted in figures and words, the rates quoted in words
or the rate lesser of the two will be taken into consideration. Further, any discrepancy in
calculation of rates and taxes, the all-inclusive rate quoted will be considered.

12. Omission or Discrepancies:

Should a tenderer find discrepancies or omissions in the Tender Papers or should he be in doubt
as to their meaning, he shall at once notify the authority inviting the Tenders and obtain a written
clarification in that behalf. It shall be understood that the successful Tenderer shall take upon
himself and provide for the risk of any error, which may subsequently be discovered and, shall
make no subsequent claim on account thereof.

13. Right of the Railway to deal with the Tenders:

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 no tenderer(s) shall
demand any explanation for the cause of rejection of his/their tender nor does the Railway
undertake to assign reasons for declining to consider /reject any particular tender(s). The Railway
reserves the right to accept /reject any/all tenders in whole or in part without assigning reasons

14. Submission of Wrong Information:

If the tenderer(s) deliberately give(s) wrong information in his/their tender or create(s)
circumstances for the acceptance of his/their tender, the Railway Administration reserves right to
reject such tender(s) at any stage.

15. Confidentiality of Tender:

The tenderer shall treat the contents of his tender as private and confidential. He shall also treat
the prices quoted by him as strictly confidential until the tenders are opened.

                                                                                             Page 5 of 22
16. Tenderer’s Credential:

The tenderer Shall have the following minimum eligibility criteria and submit adequate proof for
the same along with the tender.

     1.   Should have completed in the last         At least one similar single work, for a
          three financial years (i.e. current       minimum value of 35% of the advertised
          year and three previous financial         tender value of work.
     2.   Total contract amount received            Should be a minimum of 150% of
          during the last three financial years     advertised tender value of work.
          as per current ITCC.

Note: Tenderers are advised to attach documents testifying the credentials submitted by them as
       shown below:-
   1) List of works completed in the last three financial years and in the current year giving
       description of works, organization for whom executed, approximate value of contract at the
       time of award and date of scheduled completion of work. Date of actual start, actual
       completion and final value of contract should also be given.
   2) List of works on hand indicating description of works, contract value, and approximate
       value of balance work yet to be done and date of award.

 To support the information furnished, tenderers shall submit the following documents:-

   a) Attested contract agreement copies/order copies.

   b) Certificate from the organizations/firms with whom the firm has executed the works /being
      executed on hand as listed in the statements and amount of payment made towards the
      work executed. Certificates from private individuals for whom such works are executed
      /being executed shall not be acceptable.

   c) Audited balance sheet duly certified by Chartered Accountant for the period 2007-08,2008-
      09, 2009-10 and current year with another specific certificate from your Chartered
      Accountant giving the details of amount received thereof.

   3) Submit complete set of organization, break-up of type of employees like supervisors,
      helpers etc. Also number of employees in each type and the number of employees proposed
      to be engaged in various categories for the subject work.

   4) List of Plant and Machinery available on hand (own) and proposed to be inducted (own and
      hired to be given separately) for the subject work.

   5) Should possess sufficient number of lorries/trailers with National Permit. Proof for the
      same to be submitted. Should possess minimum 5 Trucks/Trailers.

   6) Should submit a declaration that, they will arrange for transport (Lorry/Trailer) as and
      when required at short notice.

   7) Should have a local office in Kolkata with good communication facilities like telephone/Fax.

                                                                                          Page 6 of 22
17. Signing of Tenders:

Any individual(s) signing the tender or other documents connected therewith should specify
whether he is signing.

As sole proprietor of the concern or Attorney of the sole proprietor; as a partner or partners of
the firm;

As a Director, Manager or Secretary in the case of Limited Company duly authorized by a
resolution passed by the Board of Directors or in pursuance of the authorized conferred by
Memorandum of Association.

In the case of a firm not registered under the Indian Partnership Act in force for the time being,
all the Partners or the Attorney duly authorized by all of them should sign the tender and all
other connected documents.

Requisite power of Attorney or such other documents empowering the individual or individuals
to sign should be furnished to the Railways for verification if required.

The Railways will not be bound by any power of attorney granted by the tenderer or by change in
the composition of the firm made subsequent to the execution of the contract. It may, however,
cognize such power of attorney and changes after obtaining proper legal advice, the cost of
which will be chargeable to the contractor.

18. Employment, Partnership etc., of Retired Railway Employees:

Should a tenderer be retired Officer of Gazetted rank or any other Gazetted officer in the
executive or administrative capacity or whether holding a pensionable post or not in the any of
the departments of any of the Railways owned and administered by the President of India for the
time being, or should a tenderer being partnership firm have one of its partners a retired
Gazetted Officer as aforesaid , or should a tenderer being in incorporated company have any
such retired officer as one of the /its directors , or should a tenderer have in his employment
from any retired Gazetted officer from the said service and in cases where such Officer had not
retired from Government Service at least two years prior to the date of the submission of the
tender as to whether permission for taking such contract or if the contractor be a partnership
firm or an incorporated company , to become a partner or Director as the case may be , or to
take employment under the contractor , has been obtained by the tenderer or the Officers 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 as referred retired Gazetted Officer is so associated with the tenderer , as the case
may be , shall be rejected.

Should a tenderer /contractor being an individual on the list of the approved contractors, have
a relative employed in Gazetted capacity in any department of the Railways or in the case of
partnership firm or company incorporated under the Indian Company Law , should a partner or
a relation of the partner or a share-holder or a relative of share holder be employed in Gazetted
capacity in any department of the Railways, the authority inviting tenders shall be informed of
the fact at the time of submission of tenders , failing which the tender may be rejected or if such
fact subsequently comes to light , the contract may be rescinded in accordance with the
provisions laid down in the GCC.

                                                                                           Page 7 of 22
19. Illegal Gratification:

Any bribe , commission , gift or advantage given , promised or offered by or on behalf of the
Contractor or his partner , agent or servant , or anyone on his behalf , to any officer or employee
of the Railway , or to any person on his behalf in relation to obtaining or execution of this or any
other contract with the Railway shall , in addition to any criminal liability which he may incur ,
subject the Contractor to the rescission of the Contract and all other contracts with the Railway
and to the payment of any loss or damage resulting from such decision and the Railway shall be
entitled to deduct the amounts so payable from any money due to Contractor(s) under this
contract with the Railway.

The Contractor shall not lend to or borrow from or have or enter into any monetary dealings or
transactions either directly or indirectly with any employee of the Railway and if he       shall
be entitled forthwith to rescind the Contract and all other Contracts with the Railway. Any
dispute or question as to the commission or any such offence or compensation payable to the
Railway under this clause shall be settled by the General Manager of this Railway in such a
manner as he shall consider fit and sufficient and his decision shall be final and conclusive. In
the event of rescission of the contract under this clause, the Contractor will not be paid any
compensation whatsoever except payment for the work done upto the date of rescission.

                                                                                            Page 8 of 22

                             EASTERN RAILWAY
                   3, KOILAGHAT STREET, KOLKATA – 800 001.


These Special Conditions of Contract (SCC) shall be read together with the terms and conditions
incorporated in this tender paper and General Conditions of Contract (GCC). Should there be
any conflict between the provisions of the SCC hereof and that of GCC, the import of the former
shall prevail over the latter.


Sl.                      DESCRIPTION OF WORK                                     QTY (MT)
Transportation of Steel Scrap consisting of Condemned Railway Wheel
Sets and Wheel Discs/Centres from various Railway units of Eastern
Railway to Cast Steel Wheel Manufacturing Plant / Bela, (Chhapra),
(A Condemned Wheel Sets                                                          3500 MT
(B Condemned Wheel Discs                                                         3500 MT
        1. The above materials are required to be transported from
           various     Railway     Units    of     Eastern    Railway  to
           SE/MECH/MELT SHOP/CWP, Cast Wheel Plant, Vuillage –
           Bela, Block – Dariyapur, En-route: Sheetalpur-Parsa Road,
           Distt.- Saran (Bihar) – 841 221 as per quantities indicated
        2. Tenderers are requested to go through the Special Conditions
           before submitting their tender.
        3. Loading of Scrap Materials will be done by the consignor at
           Railway Units premises and unloading by consignee i.e.,
           CWP/Bela, Bihar.
        4. Evaluation Criteria: Offers shall be evaluated item-wise based
           on all-inclusive rate for deciding the inter-se ranking.

                                                                                       Page 9 of 22
The Transporter shall supervise and co-ordinate for proper loading of Scrap, transporting the
same to destination and unloading at the ultimate consignee’s end.
        The Transporter shall provide transport vehicles required for efficiently performing the
whole work under this TENDER. The contractor shall provide adequate and suitable supervision
of all labour employed by him.


The currency of contract shall be 12 months from the date of issue of letter of acceptance.


The material is to be transported on carrier’s risk. To cover the transit risk of items handed over,
the transporter shall take all necessary steps as deemed fit by him. (i.e., to cover insurance of
the materials etc.)


 i)   The quantity indicated is only approximate and indicative. There is no guarantee for the
      quantity tendered.
              The successful tenderer shall also lift and transport the material from the
      destinations other than the ones indicated as directed by Railway Administration at the
      same rate, terms and conditions.

 ii) Railway Administration reserves the right to increase the tendered quantity by upto 25%
     within the contract period on the same rate, terms and conditions.

 iii) Railway Administration reserves the right to reject / accept any or all or split the tender as
      deemed fit in the interest of the administration without assigning any reason whatsoever.

 iv) Railway Administration reserves the right to cancel or reduce the quantity without
     assigning any reason for such action. Payment shall be made for the actual quantity


Railway Administration reserves the right to increase the tendered quantity (individual item) by
up to 25% within the contract period on the same rate, terms and conditions.

In case of increase in quantity of an individual item by more than 25% of the agreement quantity
is considered as unavoidable, the same shall be got executed by floating a fresh tender. If
floating a fresh tender is considered not practicable, negotiations shall be held with the existing
contractor for arriving at reasonable rates for additional quantities in excess of 125% of
agreement quantity.


The detailed description, quantity (No. of pieces as well weight) witnessed will be indicated for
consignment being dispatched. The consignment will also be weighed at the destination i.e.
CWP/Bela (Chhapra), Bihar, on arrival and quantity (No. of Pieces and weight) shall be indicated
as acknowledgement of materials.
                                                                                           Page 10 of 22
7.1 A detailed description of the material loaded on the truck for dispatch with quantity (number
of pieces involved and weight thereof) should be indicated in the Lorry Receipt (LR).

7.2 The consignment will be weighed at the destination/consignee’s end i.e. CWP/Bela,
Chhapra, Bihar and the quantity (No. of pieces and weight thereof) received at their end shall be
indicated in the LR as acknowledgement.

7.3 If the quantity (No. of pieces) acknowledged by the consignee at their end is found same as
that of quantity (No. of pieces) indicated in the LR by the consignor, the payment will be made as
per weight certified by the consignee i.e. CWP/Bela, Chhapra, Bihar) in the LR.

7.4 If the quantity (No. of pieces) acknowledged by the consignee at their end is lesser compared
to that of quantity (No. of pieces) indicated in the LR by the consignor, then payment will be
made as per weight certified by the consignee i.e. CWP/Bela, Chhapra, Bihar.However the cost
towards shortage of materials will be recovered from the transporter’s bill as per the difference in
weight and transfer rates prevailing during the contemporary period.


The material should be delivered to the Consignee within 15(Fifteen) days from the last date of
loading , failing which, a Penalty of 1/2% (Half a percent) for each week or part of the week , of
total value of the delayed consignment will be levied and recovered from the contractor’s bill for
the delayed period.


It will be necessary for the contractor to keep 01 full time representative up to 18:30 Hrs. in the
Sales Section under office of Chief Materials Manager/BI, 3, Koilaghat Street, Kolkata – 700001
for receiving instructions from time to time.
          The trucks which have All India Permit needs to be deployed and should be readily
available and supplied on demand within 72 hours from the time of intimation for the demanded
quantity from the Eastern Railway Authorities, failing which, a penalty of Rs. 100/- (Rupees One
Hundred only) per day, per truck will be levied and recovered from the Contractor’s bill for delay
in supply of Trucks as demanded.


NO TRANSHIPMENT IS PERMITTED. Trucks having All India permit only should be used for
loading and transportation.
The contractor should be prepared to work during night hours and during holidays, if so
In case of accident /eventuality, which require transshipment en-route, approval from Railway
Administration will be obtained before transshipment is carried out.


The Contractor shall at all times indemnify the Railway Administration against all claims which
may arise owing to breach of terms & conditions mentioned herein and / or owing to any sort of
act or commission on the part of the contractor during the currency of contract.


                                                                                           Page 11 of 22
The successful tenderer will have to remit 5% of the total value of the contract as Security
Deposit for the fulfillment of the contract. The amount to be deposited towards SD will be
intimated to the tenderer through letter of acceptance. Failure to deposit SD will result in
forfeiture of Earnest Money Deposit (EMD).

The earnest money deposited by the tenderer will be retained towards part payment of security
deposit for the due and faithful fulfillment of the contract by the contractor. The balance to
make up the security deposit may be deposited by the contractor in cash or may be recovered by
percentage deduction from the contractor’s “on account” bills. Provided also that , in case of
defaulting contractor , the Railway may retain any amount due for payment to the contractor on
the pending “on account bills” so that the amounts so retained may not exceed 10% of the total
value of the contract.

Unless otherwise specified in the special conditions, if any, security deposit/rate of
recovery/mode of recovery shall be as under:

Security Deposit for each work should be 5% of the contract value.
The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is
Security Deposit will be recovered only from the running bills of the contract and no other mode
of collecting SD such as SD in the form of instruments like BG, FD etc., shall be accepted
towards Security Deposit.

Security Deposit will be returned as per conditions governed by GCC. After the work is
physically completed, security deposit recovered from the running bills of the contractor shall be
returned to contractor if he so desires, in lieu of FDR/irrevocable Bank Guarantee for the
equivalent amount to be submitted by him. Before releasing the SD, an unconditional,
unequivocal no claim certificate from the contractor concerned should be obtained.

             No interest is payable on the security deposit.


The successful tenderer shall be required to execute Indemnity Bond for 10% of the cost of
material before commencement of work.


The successful tenderer should give a Performance Guarantee in the form of an irrevocable Bank
Guarantee amounting to 5% of the contract value.

Bank Guarantee (BGs) to be submitted by contractors should be sent directly to the concerned
authorities by the issuing bank under registered post AD.

The performance Guarantee (PG) should be furnished by the successful tenderer after the letter
of acceptance has been issued, but before signing of the agreement. The agreement shall
normally be signed within 15 days from the date of issue of LOA and performance Guarantee
shall also be submitted within this time limit. This guarantee shall be initially valid upto the
stipulated date of completion plus 60 days beyond that. In case, the time for completion of work
gets extended, the contractor shall get the validity of the performance guarantee extended to
cover such extended time for completion work plus 60 days.

                                                                                             Page 12 of 22
Performance Guarantee shall be released after satisfactory physical completion of the work
based on the “Completion Certificate” issued by the competent authority stating that the
contractor has completed the works in all respects satisfactorily. The security deposit, however,
shall be released only after the expiry of the maintenance period and after passing the final bill
based on “No Claim Certificate”.

Whenever the contract is rescinded, the security deposit shall be forfeited and PG can be
encashed and the balance work shall be got done independently without risk and cost of the
failed contractor. The failed contractor shall be debarred from participating in the tender for
executing the balance work. If the failed contractor is a JV or a partnership firm, then every
member/partner of such a firm shall be debarred from participating in the tender for the
balance work either in his/her individual capacity or as a partner of any other JV/partnership

The Railway Administration shall not make a claim under the PG except for amounts to which
the President of India is entitled under the contract (notwithstanding and/or without prejudice
to any other provisions in the contract agreement) in the event of:

   i)     Failure by the contractor to extent of the PG as described herein above, in which
          event, the Railway Administration may claim the full amount of the Performance

   ii)    Failure by the contractor to pay President of India any amount due, either as agreed
          by the contractor or determined under any of the clause/conditions of the agreement,
          within 30 days of the service of notice to this effect by the Administration.

   iii)   The contract being determined or rescinded under provision of the GCC, the
          Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal
          at the disposal of the President of India.


Railway Administration reserves the right to extend the period of Contract by up to 6 Months at
the same terms and conditions of Contract.

16. The term contractor/transporter are used interchangeably and mean the same.


The contractor shall be bound to observe and act up to provisions of the Workmen
Compensation Act, the payment of Wages Act, the Factories Act, or all other enactments like
Employment of Children’s Act etc., that may be made applicable to the aforesaid contract work
from time to time . He shall be liable to pay all such sum or sums that may become payable as
compensation , penalty fine or otherwise which the Railways may be called upon to make under
the provisions of the said various acts referred above and shall indemnify the Government from
and against all payments by way of compensation penalty fine or otherwise which the Railways
may be called upon to make under the provisions of the said Acts to or on behalf of any
workmen by an authority empowered by the Government in connection with any claims or
proceedings and under the said acts or in respect of any loss /injury or damages whatsoever to
any third person arising out of or occasioned by negligent , imperfect or improper performance of
this contract by the contractor , his workmen , servants or agents . Any money which may
become payable to the Government as aforesaid shall be deemed to be money due under this
clause and shall be recovered as such.
                                                                                         Page 13 of 22
18. In the event of Contractor’s labour going on strike or the contractor declaring a lock out or
in case of default or neglect on the part of the contractor to perform the whole or any part of this
contract and to fulfill and observe all and each of the terms and conditions contained herein and
on his part to be fulfilled , the Administration shall be entitled without notice to the contractor to
employ persons other than the contractor to perform the same and should the Administration
incur any expenses thereby beyond what it would have incurred had the contractor performed
the same and should the Administration sustain any loss thereby , the contractor shall be
bound and thereby agree on demand forthwith to pay such expenses and loss to the
Administration. The decision of the Officer-in-charge (CMM/BI/ER) as to the amount of such
expenses and loss payable by the contractor shall be final, conclusive and binding on the

19. In the event of stores being lost while in contractor’s custody for whatsoever reasons, the
transporter should compensate for the cost of the materials and other expenses involved. The
decision on the recovery by the Railway Administration will be final and binding on the

20. The transporter shall produce acknowledged copies of the lorry Challans for having
delivered the material to CWP/Bela. The Challans should indicate the type of material
transported, the acknowledgement for the actual quantities received both in numbers and
weight from the consignor and the place from which it is dispatched to the consignee.

21.    In their own interest, while loading the material in their trucks, they should ensure that
the transporter receives the material in good and undamaged condition. If otherwise, a remark
thereof should be obtained from the representative of the consignors on the Challans at the time
of loading the material in their truck.

22.    The transporter shall be responsible for any discrepancy found at the destination in
respect of the consignment. The transporter will be responsible for any shortage / damage from
the time the material handed over to him/his representative till the time the material is handed
over by the transporter /his representative to the consignee , the shortage / damage as assessed
by the officer-in-charge shall be final and binding on the transporter for the purpose of recovery.

23.    In case of any mishap to consignment during the possession the transporter shall inform
both the consignee and consignor immediately about the complete details of the mishap and
extent of loss/damage.

24.    If the transporter fails to deliver /lift the material within the stipulated period, Railway
Administration reserves the right to take steps as it deems fit for transportation and delivery of
the material. The extra cost borne by Railway Administration towards this will be recovered from
the transporter.

25.   Loading at consignor’s place will be done by the consignor and un-loading at consignee
premises will be done by consignee. This work will be done using Railway men and
material/accessories, free of cost.

26.    If the consignment reaches the consignee on Saturday, Sunday and National Holidays,
the same shall be delivered on the next working day and the delay caused due to holidays will
not be accounted for.

                                                                                             Page 14 of 22
All consignment should be transported through the shortest route and freight payment will be
made for the distance in Kms as certified by Railway Administration/designated consignee or
firm’s claim, whichever is less.

The distance between two places (originating station and Bela (Chhapra), Bihar) for freight
payment will be determined by the shortest route arrived at with reference to the Motoring Guide
of India.

All the road permits or any other relevant authorization from competent authority from different
government bodies /private bodies shall be obtained by the transporter at his own cost. Any
contingency arising in this respect shall be the responsibility of the contractor.
Also, the transporter shall be responsible for any mishap, accident enroute and consequences
thereof including legal complications if any.

28. Railway Administration may enter into parallel contract simultaneously with any other
transporter as may be deemed fit at any time during the period of contract.

29. If the contractor fails or neglects or refuses to observe /perform any of the terms and
conditions /obligations under the contract, Railway Administration may without prejudices to
any other rights terminate the contract by giving one month notice in writing and recover from
the contractor any damages suffered by it on account of violation or breach of contract or any
part thereof.

30. The transporters are not entitled to any claim or compensation in respect of any detention
to their vehicles inside the premises of Railway Units due to any unforeseen circumstances and
or causes beyond the control of administration.

31. All disputes, claims or actions arising out of, under or is in connection with this contract
shall be subjected to the exclusive jurisdiction of the court of Kolkata.

32. Except when otherwise provided all notices will be given on behalf of the President of India
and all other actions to be taken on his behalf, may be given or taken by Chief Materials
Manager (BI), Eastern Railway or any other Officer nominated for this work.

33. Any notice to be served on the tenderer shall be deemed to be sufficiently served if delivered
at or sent by Regd.Post addressed to the tenderer at his regd. Office or last known place of

34. These conditions are without prejudice to the rules and regulations prevalent and issued on
the subject by Railways from time to time.

35. All correspondences on the subject, if any, is to be addressed by the contractor to the Chief
Materials Manager (BI), 3, Koilaghat Street, Kolkata – 800 001.

36. In the event of award of contract , safety of all men and equipment of the contractor shall
be    his own responsibility and for these purpose he will keep close watch on the
movements/operations etc. In case of any loss/damage occurring to the contractor /his
men/machinery, the Railway shall not be responsible. All claims placed on this account will be
on the contractor’s risk and cost.

                                                                                         Page 15 of 22
 37. The contractor shall also take due care for protecting the consignment from raid, theft etc.
 and be responsible for their safe and sound condition during his possession. The contractor
 shall provide packing at his own cost.

 38. If there is quantification with respect to material and packing the same has to be pointed
 out by the transporter at the time of collection of material. In any case once the materials are
 accepted by the contractor, it shall be deemed to have been handed over in good condition.

 39. Chief Materials Manager/BI, Eastern Railway or any other officer/officers nominated by him
 shall be the direct demanding officer for the contract.

 40. All the work orders issued during the currency of contract will have to be executed by the

 41. All transactions shall be done only on contractor’s L.R.

 42. The transporter will provide the vehicle having valid certificate under Pollution Control.

 43. Any loss or damage to the materials handed over to the transporter shall be recovered from
 the transporter based on the transfer price of the materials prevailing at the contemporary

44. Work Procedure: The transporter or his representative shall submit appointment letter
issued by the contractor to the authorized staff (who is nominated to monitor the transport of
Railway material) and his /their Voter’s ID Card/PAN Card etc. at the loading /unloading points
to facilitate hassle free working.

45. Condition of offers: Following facts will be kept in view for consideration of offers:

1)   Offers will be evaluated item wise based on the all-inclusive rate for deciding the inter-se
2)   Tenderers have to fulfill the minimum eligibility criteria as mentioned in the tender and they
     have to submit the requisite supporting documents to prove their credentials. Otherwise,
     offer will be passed over.
3)   If tenderers have fulfilled the minimum eligibility criteria and also have submitted the
     requisite documents, and prima facie Railway Administration is satisfied that, firm is capable
     of executing the subject work. Then, firm will be considered for awarding the contracts.
4)   Railway Administration reserves the right to split the tender quantity for each item, in order
     to ensure timely transportation & receipt of material and also to safeguard failure /delay by
     sole transporter, due to various reasons.
5)   The past performance, reputation of the transport agency with Railways will also be kept in
6)   Railway shall reserve the right to distribute the quantity on one or more of the eligible
     tenderers for reasons such as, quantity to be transported, movement requirements, past
     performance and capacity of the tenderer etc. Zone of consideration of such eligible tenderers
     will be the right of the Railway.

46. Cartel formation:

a) In case of all or most of the firms quote equal rates and cartel formation is suspected, Railway
   Administration reserves the right to conclude contract on one or more firms with exclusion of
   the rest without assigning any reason thereof.

                                                                                             Page 16 of 22
b) Wherever cartel formation is suspected, the Railway Administration reserves the right to award
   contract to any firm/firms for any quantity without assigning any reasons thereof.
c) The firms, who quote in cartel should note that their names are likely to be deleted from the
   regular transporters’ list.

                                    PRICES AND PAYMENTS

   1.   Tenderers are required to quote their rates duly giving the break-up of taxes and duties.
   Railway Administration will not pay any charges other than the Rate, Taxes & Duties quoted
   by the transporter in their offer. Tenderers are required to quote Rate per MT per KM only and
   no minimum/maximum rates in the slabs will be considered. The rates quoted in the schedule
   of work should include all the expenses such as fuel, lubricants, salary and other benefits
   payable to the driver(s) and other staff accompanying the vehicle, statutory taxes as applicable
   to the truck enroute, repair and maintenance charges etc., Railway shall not be liable to pay
   any other charges except the rates approved as per schedule of rates.

   2.   Tenderers are required to avoid overwriting and erasures. If there be any alterations
   /corrections, the same should be attested under clear signature duly affixing the firm’s seal.

   3.    PAYMENT: Payment of Bills will be made by FA & CAO, Eastern Railway, Kolkata. The
   contractor will be required to submit the bills as per required proforma with requisite
   certification along with the supported original Lorry Receipts duly acknowledged (with quantity
   in Nos. of pieces, weight and date of receipt) by the consignee at CWP/Bela, Chhapra (Bihar)
   on the basis of each work order to the Sale Section under office of CMM/BI, Kolkata. The bills,
   if found in order after due scrutiny, will be accepted and forwarded to the FA & CAO, Eastern
   Railway, Kolkata for payment. The contractor will be required to submit all the bills (Transport,
   Detention, Return etc.) pertaining to a particular work order altogether.
                The contractor shall obtain from the consignee and from relevant persons all
   certifications of the Lorry Receipts / Lorry Challans about place of delivery /timings/No. of
   pieces/weight etc. clearly and free from any overwriting / tampering / erasure / unattested
   corrections, failing which Railway Administration may at its sole discretion, refuse payment of
   the relevant bills.

   4.   OCTROI: is not applicable since the materials is transported from one Railway to another
   Railway and for bonafide use of Indian Railways. Railway Administration will issue necessary
   declaration to this effect. If the same is payable on any State Government’s enactment, it shall
   be borne by the contractor as stipulated in clause No.1 above.

   5.  INCOME TAX: In terms of section 194-C of the Income Tax Act 1961 the Income Tax @
   2% and Surcharge @ 15% on Income Tax and 3% Educational Cess thereon or as applicable
   from time to time will be deducted AT SOURCE from the amount payable to the contractor

                                                                                           Page 17 of 22
from running bills. The PAN Number issued by IT Department should be necessarily indicated
in the offer for arranging payment of bill.

6.   In case any recoveries to be made from the contractor under the terms and conditions of
this TENDER or under law, the Administration shall always have the right to make such

   (i)    VAT: VAT, if applicable, shall be regulated as per the Act and deduction will be made
          at source at the rates as applicable from time to time from the bills. Contractor shall
          quote the percentage of tax as applicable in their offer.

   (ii)   SERVICE TAX: Service Tax if applicable shall be recovered at the rates as applicable
          from time to time from the bills and will be remitted to the concerned tax authorities
          directly by Railway Administration. The prevailing percentage of service tax may please
          be quoted in the Schedule. The tenderer is required to quote the Service tax/other
          taxes if any, separately in the schedule. In case the tenderer does not quote any taxes
          separately, it shall be assumed that the rate quoted is inclusive of all taxes.

7.    PRICE VARIATION CLAUSE: Price variation in freight rates will be allowed during the
tenure of the contract due to the HSD price increase /decrease. Offers received without the
PVC clause detailed hereunder or with different PV formula than that of indicated below shall
be liable to be rejected.

For PV calculation, the ruling HSD price in Kolkata on the date of tender opening will be
considered. Following formula will be used for the calculation of freight increase/decrease.

Basic Rate + Basic Rate x (0.30(revised price of Diesel Price as on the date of work order – Price
of Diesel as on date of tender opening)/Price of Diesel as on date of tender opening.

The tenderer will be required to furnish the existing HSD price at Kolkata declared by any
Nationalized Oil Companies for the purpose of application of the PVC formula. Any
increase/decrease on above shall be applicable for loading done on or after the price

8.  All Statutory deductions as required in any Central or State Act and Rules shall be
deducted /paid from /to the transporter.

                                                                                         Page 18 of 22
                                                                                     PART -V

                                   SCHEDULE OF WORK

                   TENDER NO.RWF/S/TRANSPORT/SCRAP/2008-2009

Sl.         DESCRIPTION OF WORK                 Quantit        Service
                                                            Rate            Total
N                                                  y            Tax/
                                                           per ton           Unit
o                                                (MT)           Other
                                                           per KM          Rate per
                                                             (Rs.)         ton per
                                                           (Figure            KM
                                                               &   e         (Rs.)
                                                                if any
                                                           Words)         (Figure &
                                                               (Rs. or      Words)
Transportation of Steel Scrap consisting of Condemned Railway Wheel Sets and Wheel
Discs/Centres from various Railway units of Eastern Railway to Cast Steel Wheel
Manufacturing Plant / Bela, (Chhapra), Bihar.

1.    Condemned Wheel Sets                       3500

2.    Condemned Wheel Discs                      3500

1. The above materials as per quantities indicated are required to be transported from various
   Railway Units of Eastern Railway to Cast Steel Wheel Manufacturing Plant, Bela, (Chhapra),

2. Tenderers are requested to go through the Special conditions of Tender & General conditions
   before furnishing their rates.

                                                                                      Page 19 of 22
3. Tenderers are required to quote Flat Rate per MT per KM.

4. Loading will be done by the Consignor at the Railway Units premises and unloading by
   consignee, i.e., CWP, Bela, Chhapra, Bihar.

5. Offers will be evaluated item wise for deciding the inter-se ranking.

6. The successful tenderer shall lift and transport the material from the destinations indicated
   below as per quantity advised in the work order.

7. The successful tenderer shall also lift and transport the material from destinations other
   than those indicated as directed by Railway Administration.

8. If there is any ambiguity in the rates quoted in figures and words, the rates quoted in words
   or the rate lesser of the two will be taken into consideration. Further, any discrepancy in
   calculation of rates and taxes, the all-inclusive rate quoted will be considered.

9. Tentative lists of various locations under Eastern Railway, where consignors of the subject
   scrap materials are primarily located are furnished below. However the contractor may have
   to lift / transport consignments from other locations also as directed by Railway
   Administration from time to time.

SL.        Co-ordinating Depot                 LOCATION OF CONSIGNOR
No.              Officer
  1.                                                Jamalpur Depot
           Dy.CMM, JAMALPUR                          Jamalpur Yard
  2.                                                Halisahar Depot
                                                      Naihati Yard
           Dy. CMM/HALISHAR                             Ranaghat
  3.                                                Belur Scrap Yard
            Dy.CMM/Liluah                                 Liluah
                  &                                      Howrah
          SMM-D/BELUR SCRAP                            Rampurhat
                YARD                                     Bandel

                                                                                       Page 20 of 22
                                                                                          PART – VI
All disputes or differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress or after their completion and whether before or after the
determination of the contract, shall be referred by the Contractor to the Railway and Railway
shall within a reasonable time after their presentation make and notify decision thereon in
writing. The decisions, direction and certificate with respect to any matters decision of which
specially provided for the condition given and made by the Railway , which matters to referred to
hereinafter as “Excepted Matters” shall be final binding upon the Contractor and shall not be
set-a-aside or to be attempted to be set-a-aside on account of any informality , omission, delay
or error proceedings in or about the same or on any other ground or for any other reason and
shall be without appeal.

In the event of any dispute or difference between the parties hereto as to the operation of this
contract , or the respective rights and liabilities of the parties on any matter in question dispute
difference on any account or as to the withholding by the Railway of any Certificate to which the
Contractor may claim to be entitled to, or if the Railway fails to make a decision within a
reasonable time , then and in any such case, save the “Excepted Matters” the Contractor, after
90 days but within 180 days of his presenting his final claim on disputed matters , shall
demand in writing that the dispute or difference, be referred to arbitration under Arbitration and
Conciliation Act 1996.

1.1) The demand for Arbitration shall specify the matters which are in question, dispute or
difference. Only such dispute(s) for difference(s) in respect of which the demand has been made
shall be referred to Arbitration and other matters shall not be included in the reference.

1.2) If the Contractor(s) dues/do not prefer his/their specific and final claim in writing, within a
period of 90 days of receiving the intimation from the Govt. that the final bill is ready for
payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be
discharged and release of all liabilities under the contract in respect of this claims.

1.3) The Contractor shall not be entitled to make any claim whatsoever against the Railway
under or by virtue of or arising out of the contract, not shall the Railway entertain or consider
any such claim , if made by the Contractor , after he shall have signed a “No Claim certificate” in
favour of the Railway, is such for as shall be required by the Railway after works are finally
completed. The Contractor shall be debarred from dispute the correctness of the items covered
by “No Claim” Certificate or demanding a reference to Arbitration in respect thereof.


Work under the contract, shall unless otherwise directed by the Railway shall be withheld on
account of such proceedings provided however it shall be open for the Arbitrators to consider
and decide whether or not such work should continue during Arbitration, proceedings and only
such payment would be released which is not under any dispute, in or outside the Arbitration

3) Matters in question, dispute or difference to be arbitrated upon shall be referred for decision
3.1) A Sole Arbitrator who shall be the General Manager or a Gazetted Railway Officer nominated by
him in that behalf in case where the claim in question is below Rs. 5,00,000/-(Rupees five lakhs) and
in case where the issues involved are not of a complicated nature.

                                                                                            Page 21 of 22
3.2) Two Arbitrators , who shall be Gazetted Railway Officers of equal status to be appointed in the
matter laid down in the clause 4 for all claims of Rs.5,00,000/-(Rupees five lakhs) and above and for
all claims irrespective of the amount or valued or value of such claim if the issues involved are of a
complicated nature. The General Manager shall be the sole judge to decide whether the issues are of
a complicated nature or not. In the event of the two Arbitrators being divided in their opinions the
matter dispute will be referred to an Umpire to be appointed in the matter laid down in Clause 4 for
his decision.

3.3) In case where the claim is up to Rs. 3,00,000/- (Rupees Three Lakhs) the Arbitrator(s) /Umpire
so appointed, as the case may be shall give the award on all matters referred to Arbitration indicating
therein break up of the sums awarded separately on such individual items of dispute. In case where
the claim is more than Rs.3,00,000/-(Rupees Three Lac) the Arbitrator(s) /Umpire to be appointed as
the case may be shall give intelligible award (i.e. the reasoning leading to the award) should be stated
with the same award separately on each individual item of dispute referred to Arbitration.

4) For the purpose of appointing of two Arbitrators as referred to in sub-clause 3.2 above, the
Railway will send a panel of more than three names of Gazetted Railway Officers of one or more
departments of the Railway to the Contractors, who will be asked to suggest to the General Manager
one name out of the list for appointment as the Contractor’s nominee. The General Manager while so
appointing the Contractor’s nominee will also appoint a second Arbitrator as the Railway’s nominee
either from the panel or from outside the panel, ensuring that one of the two Arbitrators so
nominated is invariably from the Accounts Department. Before entering upon the reference the two
Arbitrators shall nominate as Umpire who shall be a Gazetted Railway Officer to whom the case will
be referred to, in the event of any difference between the two Arbitrators. Officers of the Junior
Administrative Grade of the Accounts Department of the Railways shall be considered as of equal
status to the officers in the intermediate Administrative Grade of other departments of the Railway
for the purpose of appointment of Arbitrators.

5) If the Sole Arbitrator appointed under sub-clause 3.1 or both of the Arbitrator appointed
under sub-clause 4 above resigns his appointment /resigns their appointments unwilling to act
for any reason whatsoever or dies /die , the General Manager may appoint a new Arbitrator
/Arbitrators to act in his/their place in accordance with the provisions of sub-clause 3.1 or sub-
clause 4 above as the case may be such Arbitrator/Arbitrators shall be entitled to proceed with
the reference from the stage at which it was left by the previous Arbitrator/Arbitrators .

6) The Arbitrator/Arbitrators or the Umpire shall have power to call for such evidence by way of
affidavit or otherwise as the Arbitrator or Arbitrators or Umpire shall think proper and it shall be
the duty of the parties hereto to do or cause to be done all such things as may be necessary to
enable the Arbitrator or Arbitrators or Umpire to make the award without any delay.
7) It will be no objection that the person/persons appointed as Arbitrators or Umpire is/are Govt.
Servant(s). He/They shall not be one /those who had an opportunity to deal with the matters to
which the contract relates or who in the course of his /their duties as Railway Servant(s) has/have
expressed views on all or any of the matters under dispute or difference. The award to the Arbitrator
or Arbitrators or Umpire as the case may be, shall be final and binding on the parties to the contract.

8) Subject as aforesaid Arbitration and conciliation Act 1996 and the Rules their under and any
statutory modification thereof shall apply to the Arbitration proceedings under these clauses.

                                                                                               Page 22 of 22

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