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1337319966594_Tender Documents Rag Picking

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					                                 MEDICAL DEPARTMENT
                          EASTERN RAILWAY ASANSOL DIVISION



                                      TENDER DOCUMENTS

      Tender Notice No:   H/San/Corrs/2012, Dated- 30.04. 2012

      Tender Case No:     H/San/Corrs/2012, Dated- 30.04. 2012



Name of Work:  Open tenders in sealed covers on prescribed forms are invited by the Chief
medical Superintendent, Divisional Railway Hospital, Eastern Railway, Asansol on behalf of
President of India for awarding of contract for Rag Picking through Contractual Basis from
the Tracks of 05 stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for one
year under Asansol Division through out-side Agency.


      Date of Opening: 10.07.2011




                            Office of the Chief Medical superintendent
                                Eastern Railway, Asansol -713301
                                                                               Chapter I

                                    Eastern Railway
                       Office of the Chief Medical Superintendent
                          Eastern Railway, Asansol – 713 301

                                   Forwarding letter

Tender Notice No:   H/San/Corrs/2012, Dated- 30.04. 2012

Tender Case No:     H/San/Corrs/2012, Dated- 30.04. 2012


Issued to:
________________________________________
________________________________________
________________________________________
________________________________________


Dear Sir(s),


Open tender for Rag Picking through Contractual Basis from the Tracks
of 05 stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for
one year under Asansol Division through out-side Agency.

Authority:     Price of the prescribed form paid against above tender notice vide Money
               Receipt No./DD No. ____________ dated ______________.


1.0    Sealed tenders have been invited for and on behalf of the President of India for
       the above-mentioned work as per the tender notice number quoted above. A copy
       of the said tender notice is enclosed herewith as chapter-II.

2.0    The prescribed form (hereinafter referred to as ‘tender document’) is hereby
       being issued to you on your request and after having deposited the requisite cost
       there for by you as per the aforesaid details. This is being issued with the
       condition that you agree to abide by the conditions laid down hereunder in this
       tender document.

3.0    The Railway may, of its own or in response to any clarification requested/
       suggested by any person including that from the tenderer, may modify this
       tender document at its sole discretion before the due date of opening of the
       tender.

4.0    This tender document includes many chapters as detailed hereunder and all the
       chapters including all other documents referred to herein, if not scored off, shall
       constitute integral part of this tender document and shall be read and acted upon
       together. No part of this tender document shall be read, relied and/or acted upon
       in isolation:
5.0
        Ch. No. Details of documents enclosed                                            Page
        I         Forwarding letter                                                   01 - 03
        II        Tender Notice                                                       04 - 05
        III       Tender Form                                                         06 - 07
        IV        Instructions to tenderers                                           08 – 17
        V         Schedule form & scope of work                                       18-    19
        VI        Schedule of items- Schedule-D (Rebate)                              20 -   20
        VII       Special conditions of Contract –General                             21 -   26
        VIII      Agreement                                                           27-    31



5.1 SCOPE OF THE WORK:

Open tenders in sealed covers on prescribed forms are invited by the Chief medical
Superintendent, Divisional Railway Hospital, Eastern Railway, Asansol on behalf of President of
India for awarding of contract for Rag Picking through Contractual Basis from the
Tracks of 05 stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for one
year under Asansol Division through out-side Agency.

Above scope of the work is indicative only. The tenderer is advised to visit the site of the
work and acquaint him self with the site conditions, expected scope and quantum of
works involved in his own interest.

6.0 Cost of the work:

        The tender assessed cost of the work has been given in the tender notice. Such
cost is approximate and is meant only for the guidance of the tenderer.

7.0 AMOUNT OF EARNEST MONEY:

       Amount of earnest money required to be deposited along with tender has been
given in the tender notice. Tender received without prescribed amount of the earnest
money shall be summarily rejected.

       Earnest Money: - Rs.15, 100/-

8.0 OPENING OF TENDER

       Tender will be received and opened as per details contained in the tender notice.

9.0 VALIDITY OF TENDER:

       The tenderer shall keep his tender open for a period of 120 days from the date of
       opening of tender.

10.0 PERIOD OF COMPLETION:

       Successful tenderer shall complete the entire work within the period specified in
       the tender notice. The period will start from the date of issue of the letter of
       acceptance by the Railway to such tenderer.
11.0 SPECIFICATIONS OF THE WORK:

      The work shall be carried out as per specifications contained in this tender
 document or otherwise referred to herein.


Enclosure: Tender document



                                                             Yours faithfully



                                       For Chief Medical Superintendent/E.Rly/ Asansol
                                               For & on behalf of the President of India



____________________
Signature of the tenderer




Witness:

Signature:         ________________________
       Name & Address:      ________________________


Signature:                  ________________________
       Name & Address:      _______________________
                                                                                                        Chapter-II
                                                 Eastern Railway
                                           Medical Department, Asansol

                                                   TENDER NOTICE

TENDER NOTICE NO.H/San/Corrs/2012    (T.N.)                                                         Dated. 30 04.2012


Open tenders in sealed covers on prescribed forms are invited by the Chief medical Superintendent,
Divisional Railway Hospital, Eastern Railway, Asansol on behalf of President of India for awarding of contract
for Rag Picking through Contractual Basis from the Tracks of 05 stations of Sitarampur,
Barakar, Madhupur, Andal and Panagarh for one year, under Asansol Division through out
side agency, which will be received as per detailed below.
Name of the Station /      Period   of   Date and       Time      &    Time       &   Estimated       Earnest   Cost of
Contract                   Completion    time     for   date     for   date for the   Cost            money     Tender
                                         purchasing     dropping       opening of                               Form
                                         the Tender     the tender     tender
                                         form           form
Rag Picking through
                       365 days          From           On             A t 15 hrs.    Rupees          Rupees    Rupees
Contractual Basis                        18/06/12 to    10.07.2012     on             07,54,880/-     15100/-   2000/-
from the Tracks of 05                    09.07.2012     from 11hrs     10.07.2012
stationsof Sitarampur,                   from 11hrs     to 14 hrs.
Barakar, Madhupur,                       to 15 hrs
Andal and Panagarh
for one year.

       Note:
      The tender will be dropped at nominated tender box as kept in the Chief Medical Director’s
      Office, Eastern Railway, 14 Strand Road, NKG Building 12th floor, Kolkata-700001 and opened in
      the chamber of Addl. Chief Medical Director, (H&FW) of Chief Medical Directors Office, Eastern
      Railway, Kolkata on the above mentioned date and time.

       The prescribed form is not transferable and may be obtained from the office of Chief Medical Supdt.
       Asansol on and from 18.06.2012 to 09.07.2012 between 11.00 hrs to 15.00 hrs up to one working day
        prior to the date of opening of the tender after payment of cost of the same with Sr.Divisional Cashier,
       Asansol or the Chief Cashier, Eastern Railway,17, Netaji Subhas Road, Kolkata-700 001 and on
       production of the receipt there of.Tenderer, who wishes to obtain the prescribed form by Post, should
       Send cost thereof plus a sum of Rs.500/- (Rupees five hundred) by Money Order to the Sr.Divisional
       Cashier, Asansolor Chief Medical Superintendent office. Asansol -713301 or the Chief Cashier, Eastern
       Railway, 17, Netaji Subhas Road, Kolkata-700 001.The prescribed form shall be sent only on receipt of
        the remittance. However, the Railway takes no responsibility for delay, loss, damage or Non-receipt
       Thereof. Under no circumstances, amount paid for the prescribed form shall be refunded.
       The required documents in case not found to be valid after verification of the same from concerned
       departments, the offer quoted to the tender will not be accepted and earnest money deposited by the
       tenderer will be forfeited.
                                                                                                      Contd Page-2
                                                   -2-

Tender document can be down loaded from E.Railway web site www.er.indianrailways.gov.in. The cost of
tender form has also to be paid in the shape of demand draft issued in favour of FA & CAO/E.Rly/Kolkataand
 to be enclosed with the tender form while dropping the tender along with the tender document. Incase
 the tender is not accompanied with the valid demand draft for the cost of tender document, the tender will
be summarily rejected. The tenderers/firms who are found to be indulging in changing/adding or deleting
the contents of the tender documents downloaded will be liable to face necessary action as per
extent instruction which could be removal from approved list, banning, suspension of business dealings etc.

Tenders must be accompanied with the aforesaid earnest money in acceptable forms as detailed in the
prescribed form. No adjustment of the earnest money submitted with earlier tenders including tenders, which
have already been accepted, shall be done. Tenders received without the aforesaid earnest money shall be
summarily rejected. Tenderers, borne on the appropriate approved list of contractors, may avail of the facility
of the standing earnest money as per extant instructions in this regard.
Tenders must be submitted in the prescribed form either purchased from the above office or downloaded
from the E. Railway Website mentioned above only. They must be in a sealed cover and must be dropped in
the nominated ‘tender box’ kept in the office of the Chief Medical Superintendent, Eastern Railway, Asansol -
713 301 up to 14.00 hrs on the scheduled date of opening the tender, when the said tender box would be
closed. The tender box will be opened on the tender opening day at 15.00 hrs in presence of tenderers or
their authorised representatives who wish to remain present.

 In case the tender opening day is declared a bandh or holiday due to any reason, the tender box shall be
 closed at 14.00 Hrs on the next working day and shall be opened at 16.00 hrs on this day.
 Railway administration deserves the rights to accept, reject or modify the Tender Notice
 without assigning any cause/reason.

  The following documents are essential to be enclosed with
     1. Earnest Money : (2% of estimated cost of tender) for the tender is Rs.15,100/- for Asansol
          Junction station in the Form of DD, Banker cheque should by issued by any
          Nationalized/Schedule Bank in favour of FA&CAO/ERly/Kolkata



                                                                  Sr. Divl Medical Officer (H&FW)
                                                                       Eastern Railway, Asansol
                                                         For & on behalf of the President of India
                                                                             Chapter III

                                        TENDER FORM

To:

The President of India acting through
The Divisional Railway Manager,
Eastern Railway, Asansol – 713 301

Dear Sir,
Tender Notice No:   H/San/Corrs/2012, Dated- 30.04. 2012

Tender Case No:     H/San/Corrs/2012, Dated- 30.04. 2012

      Open tenders in sealed covers on prescribed forms are invited by the Chief
medical Superintendent, Divisional Railway Hospital, Eastern Railway, Asansol on
behalf of President of India for awarding of contract for Rag Picking through
Contractual Basis from the Tracks of 05 stations of Sitarampur, Barakar, Madhupur,
Andal and Panagarh for one year under Asansol Division through out-side Agency.

1.0    WHEREAS the President of India acting through the Eastern Railway administration
       and their authorised officers has invited sealed tenders for the above-mentioned work
       vide tender notice mentioned above.

2.0    AND WHEREAS I/We, _______________________________________________ have
       read the above tender notice, have purchased this tender document, have carefully
       read and understood the same, have visited the site and have satisfied
       myself/ourselves as to the nature of the work and site conditions.

3.0    AND WHEREAS my/our address for all communications hereinafter shall be as under:

                     __________________________________________________
                     __________________________________________________
                     __________________________________________________


4.0    AND WHEREAS I/We, forward a sum of Rs.______________________________
       towards the earnest money in one or more of the following form:

       Note: -Score out whichever are not applicable.

          a. Deposit in cash with the Senior Divisional Cashier, Eastern Railway, Asansol and
             enclose herewith the Money Receipt No. __________ dated _________
             obtained there from for a sum of Rs. __________.

         b.   Deposit Receipt, Pay Order or Demand Draft from ___________________ for a
              sum of Rs. _______________ in favour of the Financial Adviser and Chief
              Accounts Officer, Eastern Railway, Kolkata-700 001 and duly endorsed
              ‘Accounts payee’ and valid up to ________.

         c.   Standing earnest money of Rs. _________________________ in the office of
              ______________________ as per receipt issued by that office vide his letter
              No. ____________________________ dated _________.         A copy of the
              enlistment letter and the receipt are enclosed herewith.
5.0    AND WHEREAS I/We state that in the event of this tender being unsuccessful, the
       aforesaid earnest money deposited by me/us may be refunded to me/us by a crossed
       cheque on the Bank and its Branch as ticked in the list below:
       Note:    -Score out whichever are not applicable.
         1.      Reserve Bank of India at Kolkata,
         2.      Reserve Bank of India at Patna,
         3.      State Bank of India at Ranchi,
         4.      State Bank of India at Garwah,
         5.      State Bank of India at Daltonganj,
         6.      State Bank of India at Varanasi,
         7.      State Bank of India at Dhanbad
         8.      State Bank of India at Rampurhat
         9.      State Bank of India at Asansol

6.0    AND WHEREAS I/We hereby sign this tender document by virtue of the legal
       authorities vested with me/us to enter into commitment on behalf of the tenderer,
       documentary support whereof is enclosed herewith.

7.0    AND WHEREAS I/We have read and understood this tender document and agree to
       abide by the various terms and conditions contained therein. I/We also agree to keep
       the offer open for acceptance for a period of 120 days from the date fixed for opening
       of the same and in default hereof, I/We will be liable for forfeiture of my/our earnest
       money.

8.0    Now, therefore I/We hereby submit this tender and offer to do the work for the
       Eastern Railway at the rates quoted in the attached schedule and hereby bind
       myself/ourselves to complete the work in all respects within stipulated period from
       the date of issue of acceptance letter.
9.0    And I/We agree to abide by the General Conditions of Contract– 1969 and 2001
       editions and the Materials and Labour Schedule-2005, 1996 & 1987 edition issued by
       the Eastern Railway, read with all correction slips issued thereto from time to time,
       and to carry out the works according to the special conditions and specifications of
       materials and works as laid hereunder in various chapters of this tender document.
10.0   And I/We have understood and accept the stipulation that full value of the earnest
       money shall stand forfeited without prejudice to any other right or remedies if:
           1.    I/We do not execute the contract documents, in case my/our tender is
                accepted, within seven days after receipt of notice issued by the Railway that
                such documents are ready or

           2.   I/we do not commence the work, in case my/our tender is accepted, within
                fifteen days after receipt of orders to that effect.

11.0   And until a formal agreement is executed, acceptance of this tender shall constitute a
       binding contract between us subject to modifications as may be mutually agreed
       between us and indicated in the letter of acceptance of my/our offer for this work.

Date: _______________

                                                                     Signature of the tenderer
                                                                     Seal of the tenderer
Witness:

1.     Signature:            ________________________
       Name & Address:       ________________________
2.     Signature:            ________________________
       Name & Address       _________________________
                                                                                 Chapter IV


                                    Eastern Railway
                                   Medical Department


                            INSTRUCTIONS TO TENDERERS

1.0   GENERAL:

1.1   Books of reference: Tenderer should purchase a copy the following books of
      Engineering department of the Eastern Railway from the office of the Principal Chief
      Engineer, Eastern Railway, 17, N. S. Road, Kolkata- 700 001 or from the office of
      Sr.DEN/Co-ordn./Asansol, Eastern Railway, Asansol – 713 301 on payment of
      prescribed cost and should go though them:
         1. The General Conditions of Contract and Specifications, 1969 edition, hereinafter
            referred to as ‘GCC-1969’, for the purpose of specifications of works and
            materials only,
         2. The General Conditions of Contract, 2001 edition, hereinafter referred to as
            ‘GCC-2001’ for the purpose of general condition of contract and
         3. The Labour and Material Schedule, 1987 edition, hereinafter referred to as ‘L &
            M Schedule-1987’ for specifications and rates.
         4. The Labour and Material Schedule, 1996 edition, hereinafter referred to as ‘L &
            M Schedule-1996’ for specifications and rates.
         5. The Labour and Material Schedule, 2005 edition, hereinafter referred to as ‘L &
            M Schedule-2005’ for specifications and rates.
1.2   Contractor: Tenderer, whose tender is accepted by the Railway, shall thereafter be
      referred to as ’contractor’ and shall mean the person/firm/co-operative society or
      company, whether incorporated or not, who enters into contract with the Railway and
      shall include his executor, administrator, successor and permitted assignee. This
      tender document of the successful tenderer shall form part of contract agreement
      between the contractor and the Railway after acceptance thereof by the Railway.
1.3   Singular and Plural: Words importing singular number shall also include plural and vice
      versa where the context requires in this tender document and vice versa.
2.0   INCONSISTENCY BETWEEN THE DOCUMENTS:
      The GCC-1969, the GCC- 2001 and the L & M Schedule-2005, 1996 & 1987 shall be
      read with all correction slips issued thereto from time to time and shall form integral
      part of this tender document. However, in case of any inconsistency and contradictions
      between the same and the special conditions and specifications laid in various chapters
      of this tender document, the later shall prevail.
3.0   SCOPE OF THE TENDER:
      Tenders have been invited in the present case for and on behalf of the President of
      India for the work, scope of which has been described in brief in chapter-I of this
      tender document.
4.0   INSPECTION OF DATA:
      Drawings for the work can be seen in the office inviting this tender on any working day
      during working hours. The drawings are only for the guidance of tenderers. Detailed
      working drawings, if required based on the drawings mentioned above, will be given
      by the Engineer or his representative from time to time.
5.0   INSPECTION OF SITE:
      Before submitting tender, tenderer will be deemed to have satisfied himself, by actual
      inspection of the site and locality of the work, that all conditions liable to be
      encountered during execution of the work are taken into account and that the rates,
      he enters in this tender document, are adequate and all inclusive to accord with the
      provisions in clause-37 of the GCC-2001 for completion of the works to the entire
      satisfaction of the Railway.

6.0   TENDERER’S POSTAL ADDRESS:
6.1   Address of tenderer: Tenderer shall state his postal address fully and clearly in the
      ‘Tender Form’ in chapter-III of this tender document. All communication sent in time
      to the tenderer by post at the said address shall be deemed to have reached the
      tenderer duly and in time. Important documents shall be sent by Registered Post.
6.2   Change of address: Tenderer shall keep the Railway informed of changes in the
      postal address at all times in his own interest.
7.0   PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC:
7.1   Person authorised to sign: Tender shall be signed by individual or individuals legally
      authorised to enter into commitments on behalf of the tenderer. Any individual or
      individuals signing this tender document or any other documents connected therewith
      shall specify whether he is signing the said documents: -
         1. As sole proprietor of a firm or as an attorney of a sole proprietor,
                                                  OR
         2. As partner of a partnership firm duly authorised through authorisation letter,
                                                  OR
         3. As director, manager or secretary of a limited company duly authorised by a
            resolution passed by the board of directors or in pursuance to the authority
            conferred by the Memorandum of Association.
7.2   Document of authorisation: If tender is submitted on behalf of a partnership
      concern, the tenderer should, along with his tender, submit a certified copy of the
      partnership deed and authorisation to sign this tender document on behalf of
      partnership firm. In case of a firm not registered under the Indian Partnership Act, all
      the partners or the attorney duly authorised by all of them, shall sign this tender
      document and all other concerned documents.
7.3   Power of Attorney: Tenderer, whether sole proprietor, a limited company or a
      partnership firm, if he wants to act through an agent or individual partner, should
      submit along with his tender or at a later stage, a power of attorney duly stamped and
      authenticated by a Notary Public or by Magistrate in favour of the specific person
      whether he/they be partner, partner of the firm or any other person specifically
      authorising him/them to submit the tender, sign the agreement, receive money,
      witness measurements, sign measurement books, compromise, settle, relinquish any
      claim preferred by the firm and sign “No Claim Certificate” and refer all or any
      disputes to arbitration.
7.4   Tender without documents/subsequent change: If above documents are not
      enclosed along with this tender documents, tender will be treated as having been
      submitted by an individual signing this tender documents. The Railway will not be
      bound by any power of attorney subsequently granted by the tenderer or by changes
      in the composition of the firm made subsequent to submission of tender. It may,
      however, recognise such power of attorney and changes, after obtaining proper legal
      advice, cost of which will be chargeable to the contractor.

8.0   RAILWAY OFFICERS ASSOCIATED WITH TENDERER:
8.1    Ex-Railway Officer as tenderer: Should tenderer be a retired Gazetted Officer
       working before his retirement on any of the Railways owned and administered by the
       President of India, or should the tenderer being partnership firm have as one of its
       partners a retired Gazetted Officer as aforesaid, or should the tenderer being an
       incorporated company have any such retired Officer as one of its Directors, or should
       the tenderer have in his employment any retired Gazetted Officer as aforesaid, full
       information of such person shall be submitted along with his tender in the format
       given in annexure-I to this chapter of this tender document.
8.2    Officer retired within 2 years: In case where aforesaid Officer had not retired from
       Government service at least 2 years prior to the date of submission of tender, the
       tenderer shall furnish a copy of the permission of the President of India or any officer,
       duly authorised by him in this behalf, permitting such a person as aforesaid to
       associate himself with the tenderer in any of the capacity as aforesaid.
8.3    Tenderer’s relative employed as Gazetted Officer: Should tenderer or contractor
       being an individual on the list of approved Contractors, have a relative or in the case
       of partnership firm or company of contractors one or more of his shareholder or a
       relative of shareholder employed in Gazetted capacity in the Engineering Department
       of the Eastern Railway, detailed information about such Officer shall also be furnished
       along with the tender in the aforesaid Annexure-I.
8.4    No information about Officers’ association: Tender without the information
       referred to above or a statement to the effect that no such Officer is associated, as the
       case may be, shall be rejected and if such fact subsequently comes to light, the
       contract may be rescinded in accordance with the provision in clause 62 of the General
       Conditions of contract.

9.0    INCOME TAX CLEARANCE CERTIFICATE:
9.1.   Tenderer is required to produce, along with his tender, an authorised copy of latest
       Income Tax Clearance certificate, hereinafter referred to as ITCC, or a sworn affidavit
       duly countersigned by the Income-Tax Officer to the effect that he has no taxable
       income. Care should be taken to get all necessary information and date entered in the
       ITCC and no column should be left blank.
9.2.   Tender without such a certificate may not be considered and, if at all considered, such
       certificate shall have to be produced before any payment is made. The contractor shall
       have no claim in regard to non-payment in absence of such a certificate. However,
       instructions issued in this regard by the appropriate authority would prevail.

10.0   SALES TAX CLEARANCE CERTIFICATE:
       Tenderer is required to produce, along with his tender, an authorised copy of latest
       Sales Tax Clearance Certificate, hereinafter referred to as STCC, issued by the
       appropriate Commercial Tax Officer. Care should be taken to get all necessary
       information and date entered in the STCC and no column should be left blank.
       Tender without such a certificate may not be considered and, if at all considered, such
       certificate shall have to be produced before any payment is made. The contractor shall
       have no claim in regard to non-payment in absence of such a certificate. However,
       instructions issued in this regard by the appropriate authority would prevail.

11.0   TESTIMONIALS:
11.1   List of completed works: Tenderer is required to submit, along with his tender,
       particulars of all works completed by him for the Railways or for any other client in the
       last three financial years starting from the original date of opening of this tender in the
       Performa enclosed as annexure-II/A to this chapter of this tender document. Figures
       of cost shall not include cost of materials supplied free of cost by the client to the
       contractor. The tender without this information may be treated as if the tenderer has
       not completed any work. Supportive certificates from the organizations with whom the
       tenderer worked should be enclosed giving description of work, value of work at the
       time of award, date of award, scheduled date of completion, date of actual start,
       actual date of completion final value of contract etc.
11.2    List of works in hand: Tenderer is required to submit, along with his tender,
       particulars of all works in hand for the Railways or for any other client in the Performa
       enclosed as annexure-II/B to this chapter of this tender document. Figures of cost shall
       not include cost of materials supplied free of cost by the client to the contractor. The
       tender without this information may be treated as if the tenderer has no works in hand.
       Supportive documents from the organizations with which the tenderer is workings
       should be enclosed giving description of work, contract value, date of award,
       approximate date value of balance work.
11.3 List of court cases and arbitration cases: Tenderer is also required to submit, along
     with his tender, list of arbitrations demanded from any clients during the last five years
     preceding the date of opening of this tender as per annexure-III/A to this chapter of this
     tender document. The tenderer is also required to submit, along with his tender, list of
     court cases filed against any clients during the last five years preceding the date of
     opening of this tender as per annexure-III/B to this chapter of this tender document.
11.4 List of plant and machinery: Tenderer has to make his own arrangements for
     execution of works. The tenderer is required to submit, along with his tender, 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 in Performa given in annexure-IV to
     this chapter of this tender document. The tender without this information may be
     treated as if the tenderer has no plant and machinery available on hand (own) and that
     no plant and machinery are proposed to be inducted for the subject work.
11.5 List of personnel and organisation: Tenderer is required to submit, along with his
    tender, list of Personnel and oganisation available on hand (own) and proposed to be
    engaged for the subject work in Performa given in annexure-V to this chapter of this
    tender document. The tender without this information may be treated as if the tenderer
    has no personnel and organisation and that no personnel and organisation are proposed
    to be engaged for the subject work.

12.0    ELIGIBILITY CRITERIA:
        Tenderer is also required to submit, along with his tender, all relevant
        documents/certificates, which makes him eligible for the present tender as per
        prescribed eligibility criteria.

13.0    PERIOD OF VALIDITY OF THE TENDER:
        Tenderer shall keep his tender open for a minimum period as stipulated in chapter-I of
        this tender document from the date of opening of this tender. It shall be understood
        that, after submitting his tender, the tenderer shall not resile from his offer or modify
        the terms and conditions there of in a manner not acceptable to the Railway within the
        above period. The Railway may, however, request the tenderer to extend validity of
        his tender with aforesaid stipulations enforced.

14.0    PERIOD OF COMPLETION OF THE WORK:
        The entire work covered by this tender is required to be completed in all respects
        within the period of completion stipulated in chapter-II of this tender document and
        the period shall be reckoned from the date of issue of the letter of acceptance.
        Tenderer shall submit his tender subject to acceptance of this condition and with
        undertaking to do so, if the work is awarded to him.

        In case of granting extension to the currency of the contract by the competent
        authority under clause 17(B) of GCC may also consider levy of token penalty as
        deemed fit based on the merit of the case.
15.0 EARNEST MONEY:
15.1. Condition for earnest money: Tenderer are required to deposit prescribed amount
      of earnest money with the tender for the due performance with the stipulation to keep
      the offer open till such date as specified in the tender, under the condition of tender.
      The earnest money shall be


             Value of the work (Tender value)                             EMD
        For work estimated to the cost up to          2% of the estimated cost of the work.
        Rs.1.00 crore.
        For work estimates to the cost more that      Rs.2.00 lakhs plus ½% (half percent) of
        Rs.1.00 crore.                                the excess of the estimated cost of work
                                                      beyond Rs.1.00 crore subject to a
                                                      maximum of Rs.1.00 crore.


       as indicated in the Tender Notice. The earnest money shall be rounded to the nearest of
       Rs.10.This earnest money shall be applicable for all mode of tendering. The forms, in
       which such earnest money shall be deposited, are mentioned in Para 15.2 hereunder.
       No adjustment of the earnest money submitted with earlier tenders, including tenders,
       which have already been accepted, shall be done. Tenders received without the
       aforesaid earnest money shall be summarily rejected.
15.2. Mode of payment of earnest money: The earnest money as stipulated in this
      tender document can be paid by tenderer in any one of the following forms and no
      other forms:
           a) Deposit in cash with the Senior Divisional Cashier, Eastern Railway, Asansol and
              to attach the money receipt obtained thereof with this tender document.
           b) Deposit Receipts or Pay Orders or Demand Drafts from the State Bank of India
              or from any of the Nationalised Banks or from the Scheduled Bank drawn in
              favour of Financial Adviser and Chief Accounts Officer, Eastern Railway, 17, NS
              Road, Kolkata-700 001 and duly endorsed as ‘Account Payee’ and valid for a
              period of 6(six) months from the date of opening of the tender.
16.0 APPROPRIATION OF EARNEST MONEY TOWARDS SECURITY DEPOSIT:
        If a tender is accepted, the amount of earnest money deposited by such tenderer shall
        be retained as part of security deposit for due and faithful fulfillment of the contract in
        terms of clause 16 of the GCC-2001, read with all correction slips/ further instructions
        issued thereto from time to time, and shall form part of the security deposit stipulated
        in this tender document.

17.0    REFUND OF EARNEST MONEY:
17.1    Earnest money of unsuccessful tenderers shall, save as herein provided, be returned
        to them within a reasonable time. However, the Railway shall not be responsible for
        any loss or depreciation that may happen thereto while in possession of neither the
        Railway nor it will be liable to pay interest thereon.
17.2    Earnest money deposited in cash shall be refunded by a cheque drawn in favour of
        unsuccessful tenderers and shall be sent to them by Registered Post at the address
        given by them in chapter-III of their tenders. The cheque may be drawn on the
        Reserve Bank of India at Kolkata or Patna, or on the State Bank of India at Varanasi,
        Garhwa, Daltonganj, Dhanbad, Rampurhat, Ranchi or Asansol, as indicated by the
        tenderers in chapter-III of the tender document.
17.3    In case the earnest money has been deposited through other instrument, the relevant
        instrument, duly released, shall be sent to unsuccessful tenderers at the address given
        by them in their tenders by Registered Post. The Railway shall not be responsible for
        any postal delays or other causes beyond its control.
18.0   FORFEITURE OF EARNEST MONEY:
18.1   It shall be understood that this tender document has been issued/sold to the tenderer
       and the tenderer has been permitted to tender in consideration of stipulation on his
       part that, after submitting his tender, he shall not resile from his offer or modify the
       rates or terms and conditions thereof in a manner not acceptable to the Railway.
       Should the tenderer fail to observe or comply with the foregoing stipulations, full
       amount of earnest money shall be forfeited.
18.2   Further, if any modification in rates, terms and conditions is made by tenderer, which
       is not acceptable to the Railway, subsequent to opening and within the period of
       validity of his tender and the tenderer refuses to accept award of the contract issued
       without such modifications, full amount of his earnest money shall be forfeited.
18.3   The earnest money is also liable to be forfeited in cases where any of the statements
       and or declarations made by tenderer is proved wrong, false or such as to withhold
       any information relevant for consideration of the tender.
18.4   Tenderer, whose tender is accepted, shall be required to appear in person, or if a firm
       or incorporation, a duly authorised representative shall so appear at the office inviting
       this tender and execute contract document within seven days after issue of notice that
       the contract document is ready for execution. Failure to do so shall constitute breach
       of the agreement affected by acceptance of his tender in which case full amount of the
       earnest money accompanying his tender shall stand forfeited without any other rights
       or remedies.
18.5   In the event when tenderer, whose tender is accepted, shall refuse to execute the
       contract document as hereinbefore provided, the Railway may determine that such
       tenderer has abandoned the contract and thereupon his tender and acceptance thereof
       shall be treated as cancelled and the Railway shall be entitled to forfeit full value of his
       earnest money and to recover damages for such default.

18.6   In the event when tenderer, whose tender is accepted, fails to commence the work
       within fifteen days after issue of letter of acceptance, provisions contained in clause 62
       of the GCC-2001 shall be applicable.


19.0   TENDER WITHOUT EARNEST MONEY:
       Tender not accompanied with prescribed amount of earnest money in the form as
       aforesaid shall be summarily rejected at the time of opening of this tender itself, and
       his rates would not be read out, without any further reference to the tenderer.

20.0   GENERAL INSTRUCTIONS FOR COMPLETING THIS TENDER DOCUMENT:
20.1   Tenderer shall submit this tender document intact as his tender after completing the
       same in all respect as per instructions contained herein, without, detaching, defacing
       or removing any part thereof. The tenderer shall sign each page of this tender
       document before submission.
20.2   Tender containing over writings, scribbling, erasing or overwriting specially of rates
       and or rates not quoted both in figure and words are liable to be rejected. Any
       correction made by the tenderer in his entries must be attested by him. In case any
       discrepancy in rates shown in figures and words is noticed, the accepting authority
       may, at his discretion, accept the lower of the two.
20.3   Tenderer must completely and carefully fill up all rates in chapter-V of this tender
       document.
20.4   Tenderer shall not leave any space blank where he is expected to make an entry.

21.0   FALSE AND/ OR INCOMPLETE STATEMENTS:
       If tenderer gives wrong information in his tender or creates circumstances for
       acceptance of his tender at any stage of tender or at any stage of contract in the
       event of his tender having been accepted, his tender or contract shall be liable to be
       cancelled/rescinded in addition to the following:
         1.   If such issues come to light at tender stage, full amount of his earnest money
              shall be forfeited.
         2.   In cases where such issues come to light at contract stage, the rights available
              to the Railway under clause-61 of the GCC-2001 shall be applicable.

22.0   QUOTATIONS OF RATES:
22.1   Quoting rates for all items: Tenderer shall quote his rates as percentage above or
       below the L & M Schedule-1996 except where he is required to quote rate for an item.
       He must tender such rates for all items of the schedule attached as chapter-IV of this
       tender document. However, quantities of individual items involved in the work are
       shown in the attached schedule for guidance only and are subject to variation
       according to requirement of the Railway. The Railway does not guarantee work under
       each item or each schedule.
22.2   Change in quantities and items: The Railway reserves rights to modify any or all
       items of the schedules including deletion of any of the item. Therefore, tenderer
       should quote reasonable and workable rate for each of the item. The contractor shall
       not be entitled for any revision of rates due to such increase/decrease in quantities of
       items and payment shall be made on the basis of actual quantities executed under
       various items and at the accepted rates thereof.
22.3   Fluctuation in market rates: Rates quoted by tenderer and accepted by the Railway
       shall hold good till completion of the work and are not subject to fluctuation of any
       kind, save and except what is admissible under the price variation clause, if provided
       for in the tender document and applicable in the case.

22.4   Rates to include all taxes: Rates quoted by tenderer shall be inclusive of all taxes
       levied by the central government, state governments, municipal corporations, local
       bodies or any other authorised bodies.
22.5   Rates in figure as well as in words: Tenderer is required to quote rates and all
       other figures having financial implications, wherever occurring in this tender
       document, in numerals as well as in words. In case of difference between the two,
       lower of the two shall be taken into account for all purposes connected with this
       tender.


22.6   Rates in Indian Rupee: Rates should be quoted in Indian Rupees only.

23.0   REBATE:
23.1   If tenderer wishes to give rebate on the rates quoted by him, the same shall be
       quoted by him in schedule-D, if enclosed in chapter-V of this tender document. It is to
       be noted that such rebate, if offered, shall apply on rates for all items of the work and
       on all schedules other than schedule-D of this tender document. Such a rebate should
       be totally unconditional.
23.2. In case tenderer does not wish to give any rebate, he should write ‘NIL’ in schedule-D,
      if enclosed in chapter-V of this tender document. In case nothing has been quoted by
      the tenderer in the schedule-D, it shall be treated as ‘NIL’ and shall be so recorded at
      the time of opening of tender by the officials opening the tender.
23.3   If tenderer gives any other type of rebate, conditional or otherwise, such a rebate shall
       not be considered for evaluation of this tender, although the Railway may avail of
       the same in case this tender is awarded to such tenderer.
24.0   SPECIAL CONDITIONS BY TENDERER:
24.1   Tenderer is normally not expected to quote any special condition or stipulation of his
       own rather is expected to submit his tender in accordance with the conditions and
       stipulations contained in this tender document. However, if the tenderer wishes to
       quote any special condition and or stipulation or wishes to intimate the Railway of any
       matter of importance, he may do so through the covering letter of his tender. Such
       stipulations and conditions shall be part of the contract agreement in case of
       acceptance of his tender only to the extent explicitly accepted by the Railway. The
       Railway, however, reserves rights not to accept any such special condition and
       stipulation made by the tenderer and may reject such tender as unacceptable without
       any reference to the tenderer; may ask the tenderer to withdraw any or all such
       stipulations before accepting his tender and, in the event of his refusal to do so, may
       not accept his tender.
24.2   In cases where tenderer makes special conditions and or stipulations, he shall also
       indicate, along with such conditions and stipulations, the cost of withdrawal of the
       same. The Railway reserves the rights either to accept such conditions and stipulations
       made by such tenderer or to accept the cost thereof at its sole discretion. If such cost
       is not indicated, it will be construed that the tenderer is not in a position to withdraw
       these conditions at any cost and his tender may be adjudged accordingly without any
       reference to the tenderer.

25.0   OMISSIONS AND DISCREPANCIES:
       Should tenderer find discrepancies or omissions in the drawings or otherwise in this
       tender document or should he be in doubt as to their meaning, he should at once
       notify the authority inviting this tender who may send a written clarifications to all
       tenderers. It shall be understood that every endeavor has been made to avoid any
       error, which can materially affect the basis of this tender. 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.

26.0   UNFORTUNATE SITUATION:
       If tenderer expires after submission of his tender or after acceptance of his tender, the
       Railway shall deem such tender cancelled. If a partner of a firm expires after
       submission of the tender or after acceptance of thereof, the Railway shall deem such
       tender as cancelled unless the firm retains its character.

27.0   PURCHASE PREFERENCE:
       For works costing more than Rs 5.00 crore, 10% purchase preference of tender
       cost over the first lowest valid and eligible tender would be admissible for Central
       Public Sector Undertaking subject to satisfaction of all other terms and conditions and
       subject further to the fact that the order to this effect is applicable on the Railway for
       the time being.

28.0   MAINTENANCE OF THE WORK:
       The work shall be maintained for a period specified in the relevant special condition
       beyond the date of completion of the warranty period.

29.0   SUBMISSION OF TENDER:
29.1   Tender duly filled in and complete in all respect with all supporting documents along
       with prescribed earnest money should be submitted in a sealed cover super-scribed
       with the tender number, name of the work and date and place of opening. Such tender
       should, thereafter, be deposited in the tender box placed for the purpose in the office
       inviting this tender on and before the date and time specified in chapter-II of this
       tender document.
29.2   Tender duly filled in and complete in all respect with all supporting documents along
       with prescribed earnest money should be submitted in a sealed cover super scribed as
       above may also be sent by Registered Post to the office inviting this tender. However,
       such tender, received after closing of the tender box, may not be considered and the
       Railway shall not be responsible for the postal delays, if any.
29.3 Late tender/delayed tender: Late/delayed tender shall be dealt with as per extent
     instructions of the Railway for the time being and tenderer shall have no right of
     consideration of such tender.
29.4 In case tender forms downloaded from Eastern Website is used, the same must be
     accompanied with a demand draft towards cost of the tender documents. Such demand
     draft should be issued in favour of FA & CAO/E.Rly/Kolkata. In case the tender is not
     accompanied with the valid demand draft for the cost of tender document, the tender
     will be summarily rejected.

30.0 OPENING OF TENDER:
30.1   Tenders shall be opened in public at the date, time and place mentioned in chapter-II
       of this tender document. However, such date and time of opening may be postponed
       and/or the place may be changed at the sole discretion of the Railway, if
       circumstances so warrant.
30.2   At the time of opening of tenders, rates and special features/conditions given by the
       tenderers shall be read out in presence of such tenderers or their authorised
       representatives who may choose to be present. The authorised representative of the
       tenderers shall have to produce authority before they are allowed to participate in the
       opening.
30.3   Tenderers present during opening shall sign the rate statement, which shall be
       prepared as a result of reading out of above rates to the tenderers.


31.0   CLARIFICATIONS ON THE TENDER SUBMITTED:
       To assist in examination, evaluation and comparison of tenders, the Railway or its
       authorised person may ask the tenderers for clarification, if any, required for such
       examination, evaluation and or comparison. However, request for such clarification
       and response, thereof, shall be in writing.

32.0   NEGOTIATION:
32.1   The Railway reserves the rights to enter into negotiations with one, more or all
       tenderers, at its sole discretion, before acceptance of any particular tender in order to
       clarify special conditions for reduction of rates and/or for changes in scope of the work
       etc.
32.2   Should such a negotiations with a tenderer be entered into, the tenderer shall not be
       permitted to increase the quoted rates under any circumstances, even if it includes
       withdrawal and/or modification of such special conditions as are given by the tenderer
       along with his original tender.

33.0   ACCEPTANCE OF TENDER:
33.1   The authority for acceptance of this tender will rest with the Railway. It shall not be
       obligatory on the said authority to accept the lowest or any other tender. The Railway
       reserves the right to cancel the tender, accept a tender in whole or in part or reject
       any tender or all tenders. No tenderer shall demand any explanation for such cause of
       rejection of his tender nor the Railway undertakes to assign reasons for declining to
       consider or reject any particular tender.
33.2   The Railway reserves the rights to split the work without any reference to tenderer
       and may divide this tender to more than one tenderer, if deemed necessary.
34.0   LETTER OF ACCEPTANCE:
34.1   Acceptance of this tender shall be communicated to the successful tenderer, whose
       tender would be accepted by the Railway, by Registered Post at the address given by
       him in his tender. The letter of acceptance shall remain operative till a formal contract
       agreement is executed and signed between the contractor and the Railway after which
       the said letter of acceptance shall merge into the aforesaid formal agreement.
34.2   The Railway shall not intimate result of this tender to such tenderer whose tender
       would not be accepted. However, the Railway shall refund the earnest money to such
       tenderer as early as possible, where such a refund is required to be made as detailed
       here in above.


Date: __________

                                                                   Signature of the tenderer

                                                                     Dated: ______________


Witness:

1.     Signature            ___________________
       Name & Address       ___________________




2.     Signature            ___________________
       Name    & address    ___________________
                                                                                                    Chapter-V
                                                  SCHEDULE FORM
            Name of Work: contract for Rag Picking through Contractual Basis from the Tracks
           of 05 stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for one
           year under Asansol Division through out-side Agency.
           To,
           The President of India,
           Acting through Chief Medical superintendent
           Eastern Railway, ASANSOL.
           1. I/We …………………..……………………………………………….……………….. have read the various conditions to
           tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep the tender
           open for the 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. I/We do hereby agree to abide by the
           general and special conditions of contract.
           2. A sum of Rs.15, 100/- is hereby forwarded as Earnest Money. The full value of the earnest money
           shall stand forfeited without prejudice to any other rights or remedies if:
           (a) I/We do not execute the contract documents within Fifteen days after receipt of notice issued by the Railway
           that such documents are ready; or
           (b) I/We do not commence the Rag Picking work within Ten days from the receipt of orders in the effect. Until a
           formal agreement is prepared and executed acceptance of this tender shall constitute a binding contract
           between us subject to the modifications as may be mutually agreed between us and indicated in the letter of
           acceptance of my/our offer for this work.
           (c) The rates quoted are inclusive of all charges and liability:-

     Description of work            Period                            Rate Per day in Rupees
                                                                          (Figure & wards)
Rag Picking of Sitarampur          01 years
Railway station.
Rag Picking of Barakar             01 years
Railway station.
Rag Picking of Madhupur            01 years
Railway station.
Rag Picking of Andal               01 years
Railway station.
Rag Picking of Panagarh            01 years
Railway station.
Rate per day including Labour, florescent Jacket, gloves Raxin bags etc.
          Sub-para of rates:-
            The above rates are inclusive of all taxes legally leviable or any other local taxes, licence fees, royalty charges
           and cess etc. The above rates are inclusive of deduction of Sale Tax, Income Tax, and Royalty charges etc as per
           the extant instructions on the issue applicable for the time being. The quantities shown in above schedule are
           approximate and are meant to give the tenderer an idea of the quantum of the work involved.
           Date --------------
           Office Seal
                                                                                    Signature of Tenderer
                                                                               Name & Address of Tenderer
                                                                                       With father’s name
           SCOPE OF WORK:
Sl.   Station Name                           Scope of work
01    Sitarampur Rag Picking of seven tracks including adjoining to Platform and up to
                 Advanced Starter Signal of both UP & DOWN directions of Sitarampur
                 Station measuring approximately 800Mtrs. on each side (total Approx
                 2100 Meters.) as on need basis six days in a week and utilization of
                 man power not less then 2 (Two) per day
02    Barakar    Rag Picking of five tracks including adjoining to Platform and up to
                 Advanced Starter Signal of both UP & DOWN directions of Barakar
                 Station measuring approximately 800 meters on each side (total
                 Approx 2100 meters) as on need basis six days in a week, and
                 utilization of manpower not less then 2(two) per day
03    Madhupur Rag Picking of five tracks including adjoining to Platform and up to
                 Advanced Starter Signal of both UP & DOWN directions of Madhupur
                 Station measuring approximately 800 meters on each side (total
                 Approx 2100 meters) as on need basis six days in a week, and
                 utilization of manpower not less then 4(four) per day.
04    Andal      Rag Picking of fourteen tracks including adjoining to Platform and up
                 to Advanced Starter Signal of both UP & DOWN directions of Andal
                 Station measuring approximately 800 meters on each side (total
                 Approx 2100 meters) as on need basis six days in a week, and
                 utilization of manpower not less then 4(four) per day.
05    Panagarh Rag Picking of ten tracks including adjoining to Platform and up to
                 Advanced Starter Signal of both UP & DOWN directions of Panagarh
                 Station measuring approximately 800 meters on each side (total
                 Approx 2100 meters) as on need basis six days in a week, and
                 utilization of manpower not less then 2(two) per day


                                                           Signature of the tenderer
                                                            Dated: ______________
         Witness:
         1.     Signature        ___________________
                Name & Address   ___________________


         2.     Signature        ___________________
                Name & Address   ___________________
                          Eastern Railway :: Asansol Division
                                 Medical Department

                    Schedule of items (Schedule – D (Rebate)

Tender Notice No:    H/San/Corrs/2012, Dated- 30.04. 2012
Tender Case No:      H/San/Corrs/2012, Dated- 30.04. 2012


Name of Work:  Rag Picking through Contractual Basis from the Tracks of 05
stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for one
year under Asansol Division through out-side Agency.

       I/We offer a general rebate of _______ % (____________) as lump sum
rebate on all items of all the schedules.

NOTES:

If any tenderer wishes to give rebate on the rates quoted by him, the same may be
         filled up by him in this schedule.

It is to be noted that such rebate, if offered, shall apply on rates quoted for all items
          in all the schedules of this tender document. Such a rebate shall be totally
          unconditional.

In case tenderer does not wish to give any rebate, he should write ‘NIL’ in this
        schedule.

In case nothing has been filled in by tenderer in this schedule, it will be treated as
        ‘NIL’ and shall be so recorded in the blanks above at the time of opening of
        this tender by the officials opening this tender.

If any tenderer gives any type of conditional rebate, such rebate shall not be
        considered for evaluation of the tender. However, if his tender is accepted
        by the Railway, it will avail the aforesaid rebate.



                                                              Signature of the tenderer
                                                              Dated: ______________
Witness:
1.    Signature              ___________________
       Name & Address        ___________________


2.     Signature             ___________________
       Name & Address        ___________________
                                                                           Chapter VI

                        Eastern Railway :: Asansol Division
                                Medical department

                 SPECIAL CONDITIONS OF CONTRACT-GENERAL
1.0 GENERAL:
1.1 Books of reference: The contractor should purchase a copy the following books
      of Engineering department of the Eastern Railway from the office of the
      Principal Chief Engineer, Eastern Railway, 17, N. S. Road, Kolkata- 700 001 or
      Sr.DEN/Co-ordn./Asansol, Eastern Railway, Asansol – 713 301 on payment of
      prescribed cost and should go though them:
          1.   The General Conditions of Contract and Specification, 1969 edition,
               hereinafter referred to as ‘GCC-1969’, for the purpose of specifications
               of works and materials only,
          2.   The General Conditions of Contract, 2001 edition, hereinafter referred
               to as ‘GCC-2001’ for the purpose of general condition of contract and
          3.   The Labour and Material Schedule, 2005 edition, hereinafter referred
               to as ‘L & M Schedule-2005’ for specifications and rates.
          4.   The Labour and Material Schedule, 1996 edition, hereinafter referred
               to as ‘L & M Schedule-1996’ for specifications and rates.
          5.   The Labour and Material Schedule, 1987 edition, hereinafter referred
               to as ‘L & M Schedule-1987’ for specifications and rates of chapter
               XXIV only.
 1.2 Inconsistency in this tender document: All the aforesaid books of
      reference’ shall be read with all up-to-date correction slips issued thereto
      from time to time. These books of reference shall govern the contract and
      shall form integral part thereof subject to modification, addition or
      suppression by special conditions of contract and/or special specifications of
      the work as contained in this tender document. However, in case of any
      inconsistency and contradictions between the books of reference and the
      special conditions and specifications, the special conditions and specifications
      shall prevail. It must be noted that English version of this entire document
      will prevail.
1.3    All books, specifications, references and codes referred to hereinafter shall
       mean latest edition thereof incorporating all up-to-date correction slips and
       amendments issued thereto.

2.0    PREVENTION OF ACCIDENTS:
2.1     The contractor shall be responsible for the safety his workmen and shall
      provide them with necessary standard wear and apparel consistent with the
      nature of work being executed by his workmen.
2.2      The contractor shall ensure safety of his workmen by posting necessary
      flagmen, whose job will be to caution the workmen of approaching trains, when
      his workmen work on or near running railway line. Similar action would be
      taken, while working on or near road in use.
2.3 The contractor shall protect the site of the work, excavated areas etc by adequate
    fencing and or other suitable means to prevent accidents to his own workmen, the
    Railway men or any member of the public.
2.4    Should any accident take place, total cost of damage including the cost of
      treatment, loss and or compensation to all affected person/organization and the
      Railway shall be payable by the contractor. In case the Railway, under any
      circumstance or law of the country, pays such damage, the same shall be fully
      recovered from the contractor dues.

3.0   RECOVERY OF SECURITY DEPOSIT:
       The Earnest Money deposited by the contractor with his tender will be
       retained by the Railway as part of security for the due and faithful fulfilment
       of the contract by the contractor. The balance to make up the security
       deposit, the rates for which are given below, 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 condition, if any, the Security
       Deposit/rate of recovery/mode of recovery shall be as under:-

       (a) Security Deposit for each work should be 5% of the contract value.
       (b) The rate of recovery should be at the rate of 10% of the bill amount till
           the full security deposit is recovered.
       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.

4.0   REFUND OF SECURITY DEPOSIT:
       Security Deposit shall be returned to the contractor after the physical
       completion of the work as certified by the competent authority. The
       Competent Authority shall normally be the authority who is competent o sign
       the contract. If this competent authority is of the rank lower than JA Grade,
       than a JA Grade officer (concerned to the work) should issue the certificate.
       The certificate, inter alia, should mention that the work has been completed
       in all respects and that of the contractual obligations have been fulfilled by
       the contractor to Railways against the contract concerned. Before releasing
       the SD, an unconditional and unequivocal no claim certificate from the
       contractor concerned should be obtained. No interest will be payable upon the
       Earnest Money and security Deposit or amount payable to the contractor
       under the contract.
5.0   PERFORMANCE GUARANTEE:
       (a).The successful bidder shall have to submit a Performance Guarantee (PG)
       within 30(thirty) days form the date of issue of Letter Of Acceptance
       (LOA).Execution of time for submission of PG beyond 30(thirty) days and up
       to 60 days from the date of issue of LOA may be given by the Authority who
       is competent to sign the contract agreement. However, a panel interest of
       15% per annum shall be charged for the delay beyond 30(thirty) days, i.e.
       from 31st day after the date of issue of LOA. In case the contractor fails to
submit the requisite PG even after 60 days from the date of issue of LOA, the
contract shall be terminated duly forfeiting EMD and other dues, if any
payable against that contract. The failed contractor shall be debarred from
participating in re-tender for that work.
(b) The successful bidder shall submit the Performance Guarantee (PG) in any
of the following forms, amounting to 5% of the contract value: -
(i). A deposit of Cash,
(ii). Irrevocable Bank Guarantee,
(iii). Government Securities including State Loan Bonds at 5% below the
market value,
(iv). Deposit Receipt, Pay Order, Demand Drafts and Guarantee Bonds. These
forms of Performance Guarantee could be either of the Stare Bank of India or
of any of the Nationalized Banks;
(v). Guarantee Bonds executed or Deposits Receipts tendered by all
Scheduled Banks;
(vi). A Deposit in the Post Office Savings Bank;
(vii). A Deposit in the National Savings Certificates;
(viii). Twelve years National Defence Certificates;
ix). Ten years Defence Deposits;
(x). National Defence Bonds and
(xi). Unit Trust Certificates at 5% below market value or at the face value
whichever is less.Also FDR in favour of FA & CAO (free from any
encumbrance) may be accepted.
NOTE: -The instruments as listed above will also be acceptable for Guarantees
in case of Mobilization advance.
(c). A Performance Guarantee shall be submitted by the successful bidder
after the letter Of Acceptance (LOA) has been issued, but before signing of
the contract agreement. This P.G. shall be initially valid up to the stipulated
date of completion plus 60 days beyond that. In case, the time for completion
of work gets extended, the contractor shall get the validity of P.G. extended
to cover such extended time for completion of work plus 60 days.
(d).The value of PG to be submitted by the contractor will not change for
variation up to 25%(either increase of decrease).In case during the course of
execution, value of the contract increases by more than 25% of the original
contract value, an additional Performance Guarantee amounting to 5%(five
percent) for the excess value over the original contract value shall be
deposited by the contractor.
(e).The Performance Guarantee (PG) shall be released after the physical
completion of the work based on ‘Completion Certificate’ issued by the
competent authority stating that the contractor has completed the work in all
respects satisfactorily. The Security Deposit shall, however be released only
after expiry of the maintenance period and after passing the final bill based
on ‘No Claim Certificate’ from the contractor.
         (f). Wherever the contract is rescinded, the Security Deposit shall be forfeited
         and the Performance Guarantee shall be encashed. The balance work shall be
         got done independently without risk and cost of the failed contractor. The
         failed contractor shall be debarred from participating in the tender for
         executing the balance work. If the failed contractor is a JV or a partnership
         firm, then every member/partner of such a firm shall be debarred from
         participating in the tender for the balancer work in his/her individual capacity
         or as a partner of any other JV/partnership firm.
         (g). The engineer shall not make a claim under the Performance Guarantee
         except for amounts to which the President of India is entitled under the
         contract (not withstanding and /or without prejudice to any other provisions
         in the contract agreement) in the event of:
         (i) Failure by the contractor to extend the validity of the Performance
         Guarantee as described herein above, in which event the Engineer may claim
         the full amount of the Performance Guarantee.
         (ii) Failure by the contractor to pay President of India any amount due, either
         as agreed by the contractor or determined under any of the
         Clauses/Conditions of the agreement, within 30 days of the service notice to
         this effect by Engineer.
         (iii) The contractor being determined or rescinded under provision of the GCC,
         the Performance Guarantee shall be forfeited in full and shall be absolutely at
         the disposal of the President of India.
6.0       RECOVERY OF INCOME TAX:
         In terms of section 101 (c) of the Income Tax Act, 1961, Income Tax
         including surcharge levied thereon shall be deducted, without any exception,
         from all payments made to the contractor by the Railway in discharge of this
         contract at the rate notified by the Central Government at the time of making
         such payments and deduction certificates would be issued to the contractor
         on his request. The contractor is advised to settle his final account with the
         respective Income Tax Officer.

7.0      RECOVERY OF SALES TAX:
         Sales tax including surcharge levied thereon shall be deducted, without any
         exception, from all payments made to the contractor by the Railway in
         discharge of this contract at the rate notified by the respective State
         Government at the time of making such payments and deduction certificates
         would be issued to the contractor on his request. The contractor is advised to
         settle his final account with the respective Sales Tax Officer.

8.0 PENALTY IMPOSED

      a. For not attending the whole area as defined for rag picking, a penalty of Rs.500/-
         per day for the first day and Rs.1000/- per day for the next and subsequent days
         will be levied upon the contractor.
      b. If the quality of work is found unsatisfactory, a penalty of Rs.100/- per 100 meters
         of track will be levied upon the contractor per instance.
      c. For failure to remove the accumulated rag picking from the tracks, a penalty of
         Rs.100/- per heap for the first day and twice the amount for the subsequent
         day/days will be imposed upon the contractor.
d.   If the work not up to standard, the CMS/SR.DMO/DMO/ER/Asansol has the right
     to deduct proportionate amount of whole day charges from the contractors bills.
e. If the work of defined areas is not done by the contractor from the stipulated
   days, or if the   working of the Contractor is found to be unsatisfactory, the
   Railway Administration has the right to forfeit the Earnest Money, Security Deposit
   and encash the Performance Guarantee money and may terminate the
   contract by giving the Contractor only seven days and 48 hours notice and, in
   that case, the work will be get done from any other agency till the expiry of the
   period of the contract.
f. If a gross deficiency in service is pointed out during inspections by Railway
   Officers, a penalty of up to Rs.1000/- per instance may be imposed upon the
   contractor by the Railway Administration. This shall be over and above the
   penalties as enumerated in clause above.

9. 0 That the contractor must submit the bill in duplicate for all the items during
     a calendar month by the 5th of the succeeding month with certificate from
     the respective Health Inspector and counter signed by the respective
     DMO/Sr.DMO concerned on the bill to the effect that all the works have
     been done properly and satisfactorily by the contractor.
10.0 The contractor will carry out the work as per instructions of the supervisors
deputed for the purpose and report to the Railway authorities wherever required.

11.0 In case of any dispute arising out of the contract, the Chief Medical
superintendent, Eastern Railway, Asansol will be the competent authority to decide
the issue. The General Manager, Easternl Railway can however appoint an arbitrator
if so desired by him and also governed under the clause 63 & 64 of GCC-2005 along-
with Arbitration and condition Act 1996.

12.0 The contract will be for a period of one year w.e.f. ............... to .................. , if the
work is left by the Contractor in between the contract period at his own risk or if his
contract is terminated by the Railway Administration on account of unsatisfactory
working, the Earnest Money, Security Deposit shall be forfeited, the Performance
Guarantee money will be encashed and the work will be got done from other
agencies till the last day of the currency of the contract period. The Contractor shall
also be debarred from participating in the tender process for executing the balance
work. If the failed contractor is a JV or partnership firm, each and every
member/partner will also be debarred from participating in the tender for executing
the balance work either in his/her individual capacity or as a partner of any other
JV/partnership firm.

13.0 The contract may be terminated if the contractor does not sign the contract
documents within ten days after receipt of notice issued by the Railway that such
documents are ready and/or does not commence the work within 10 days after
receipt of order to that effect.

14.0 The contractor agrees to use all cleaning materials and disinfectants, machines
and tools and workmen as per the specifications laid down in the scope of work
 15.0 Payment Terms:
     The standard payment terms subject to recoveries of any amount under the
     liquidated damages clause of contract will as under:-
     Generally 100% payment will be made to the firm/ contractor on satisfactory
     completion of the work. Bills in four copies should be duly certified by
     concerned HI and forwarded by Sr,DMO/H&FW/UDL or any nominated Railway
     representative.

                                                       Signature of the tenderer
                                                       Date: _______________
Witness: -
1.   Signature           _________________
      Name & Address     _________________


2.   Signature           _________________
      Name & Address      _________________
                                                              AGREEMENT
       Sub: Contract for Rag Picking through Contractual Basis from the Tracks of 05
      stations of Sitarampur, Barakar, Madhupur, Andal and Panagarh for one year
      under Asansol Division through out-side Agency. w.e.f. ......... to........
                 1. Place of Work      : Sitarampur, Barakar, Madhupur, Andal and Panagarh
                  2. Contractor's Name      : ...............................................................................
                  3. Contract Value         : .................................................................................
                  4. Period of work         : from: ........................ to.................................
                5. Allocation               : ..................................................
                6
         Description of work             Period                                             Rate Per day in Rupees
                                                                                               (Figure & wards)
Rag Picking from                     01 years
Sitarampur Railway station.
Rag Picking from Barakar             01 years
Railway station.
Rag Picking from                     01 years
Madhupur Railway station.
Rag Picking from                     01 years
Andal Railway station.
Rag Picking from                     01 years
Panagarh Railway station.
Rate per day including Labour, florescent Jacket, gloves Raxin bags etc.
              7 SCOPE OF WORK:
 Sl.    Station                                                            Scope of work
        Name
 01     Sitarampur      Rag Picking of seven tracks including adjoining to Platform and up to Advanced Starter
                        Signal of both UP & DOWN directions of Sitarampur Station measuring approximately
                        800Mtrs. on each side (total Approx 2100 Meters.) as on need basis six days in a week
                        and utilization of man power not less then 2 (Two) per day
 02     Barakar         Rag Picking of five tracks including adjoining to Platform and up to Advanced Starter
                        Signal of both UP & DOWN directions of Barakar Station measuring approximately 800
                        meters on each side (total Approx 2100 meters) as on need basis six days in a week, and
                        utilization of manpower not less then 2(two) per day
 03     Madhupur        Rag Picking of five tracks including adjoining to Platform and up to Advanced Starter
                        Signal of both UP & DOWN directions of Madhupur Station measuring approximately
                        800 meters on each side (total Approx 2100 meters) as on need basis six days in a week,
                        and utilization of manpower not less then 4(four) per day.
 04     Andal           Rag Picking of fourteen tracks including adjoining to Platform and up to Advanced
                        Starter Signal of both UP & DOWN directions of Andal Station measuring
                        approximately 800 meters on each side (total Approx 2100 meters) as on need basis six
                        days in a week, and utilization of manpower not less then 4(four) per day.
 05     Panagarh        Rag Picking of ten tracks including adjoining to Platform and up to Advanced Starter
                        Signal of both UP & DOWN directions of Panagarh Station measuring approximately
                        800 meters on each side (total Approx 2100 meters) as on need basis six days in a week,
                        and utilization of manpower not less then 2(two) per day
   8. Terms and conditions:

(2) That the contractor agrees to abide by the terms & conditions of the contracts set for
with the Tender documents, which will be binding by him in addition to the terms and
conditions contained herewith.

(3) That the agreement shall remain in force from _________ to _________ and may be
terminated by given one month’s notice writing from the administration side.

(4) That the contractor or the Agent authorized by the contractor will look after the work
every day under the supervision of respective Health Inspector.

(5) The contractor will make his own arrangements for the accommodation of his
labourers out side Railway premises and also for bringing and taking back daily to and
from place of mark. He will also remain responsible for supply the Fluorescent Jacket,
gloves; raxin bags other materials for run the work. The cost of maintenance will be
borne by the contractor.

(6) That in case of sudden sickness of laborer that are engaged by the contractor to carry
on the contract work the contractor is hereby permitted to carry on the contract work by
engaging substitutes laborers at the existing contract rate.

(7) That the contractor shall not be-entitled to any payment for supply of laborers for the
day or days when his/their work not considered satisfactory by the Administration and
the decision of the aforesaid as to whether work for any day or days is satisfactory or not
and the said decision to with-hold and/or disallow payment in full or in part for any day
or days on grounds or unsatisfactory work shall be final and binding on the contractors.

(8) That the contractor shall not sublet, assign or part with the contract nor shall be taken
any partner or make any other person interested in the contract without the prior written
consent of the Administration. Any breach by the contractor in respect of this clause will
entitle the administration without prejudice to its any other right or rights, to terminate
the contract forth with.

(9) That the administration will not be held responsible for any injury/death to any of the
contractor’s labourers or any violation of any rules or law for the time being in force by
contractor’s men and the contractor shall be absolutely responsible for such violation of
rules and laws committed by the contractor’s labourers.

(10) That the contractor must submit the bill in duplicate for all the items during a
calendar month by the 5th of the succeeding month with certificate from the respective
Health Inspector and counter signed by the respective DMO/Sr.DMO concerned on the
bill to the effect that all the works have been done properly and satisfactorily by the
contractor.
(11) That the Contractor shall comply with the provision of the payment of wages Act
1936 Minimum wages Act, 1940 and contract labour (Regulates and Abolition) Act 1970
and all modification thereof made from time to time and rules made the rounder in
respect of employees employed by him in carrying out his contract and he himself not the
Administration is responsible under the said act for the compliance thereof.

(12) That the contractor hereby agrees to indemnify the Administration against all claims
of compensation by of on behalf of the employees employed by him in connection with
this contract, for injury or death by any accident under the workmen’s compensation
Act VIII of 1923 or any other law for the time being in force and the administration shall
be entitled to deduct from any sum of money due and payable to the contractor, the
amount of compensation thus payable or paid by the Administration on such account
together with all and any cost incurred by the Administration with respect of the amount
of such indemnity shall be accepted by him as final.

(13) The Railway administration has the right to terminate this agreement after giving
15 days notice in writing for committing the breach of this agreement and that in the
event of the contractor’s committing the breach as laid down in paragraph 8 of this
agreement the Administration will be entitled to terminate this agreement forthwith
without giving any notice to the contractor.

(14) That the contractor agrees to act according to orders of the subordinates deputed by
the Administration to supervise the work and to abide by these instructions.

(15) That the Contractor will remain liable for theft of any Railway materials by the
employees employed by him in carrying out the contract and will reimburse the
Administration for any loss suffered by it due to any act or default of the contractor or his
employees.

(16) That this contract and any and every provision here of may be modified or extended
in writing by mutual agreement of the parties there to.

(17) That all disputes or differences which may arise concerning this agreement will be
referred to the arbitration of the Railway Administration, for the time being of the Eastern
Railway Administration or any other railway administration which may have jurisdiction
the station concerned named in panel there of at the time of the arbitration whose
decision shall be final and binding upon the parties here to.

(18) The provisions of Contract labour (Regulation and Abolition Act 1970 and contract
labour, regulation and Abolition of central rules 1971 with all its additions alternations
and amendment
as may be made from time to time shall be fully binding on the contractors and shall
become part of this contract thereof. The violation of any of the statutory provision of the
said act and rule shall be treated as breach of essential and substantial terms and
conditions of the contract and with the result the contract may be abrogated forthwith
either at the initiative of the Rly. Administration (Principal employer) one of the parties to
the contract or as per order and /or
directive of the competent authority under the said Act and Rule with or without any
notice what so ever and that without payment of any damages what so ever which may
arise as a consequence of such abrogation of the contract. The contract besides has other
liabilities shall also be bound and liable to the railway Administration (Principal
employer) being one of the parties to the contract to pay or compensate for the expenses
which the railway had to incur to fulfill any terms and condition and/or provisions of the
said act and rules because failure on the part of the contract to fulfill those terms and
conditions and/or provisions of said act and Rules and the Railway Administration
(Principal Employer) one of the parties to the contract shall be at liberty to deduct the
amount as may be ascertained in the manner as provided for in the Act and the Rule or
otherwise at its discretion.

(19) That the administration may in filet a penalty on the contractor, which may extend to
a sum of Rs.1000/- for each minor breach of the contract and for depositing the sludge to
unauthorized place. For each repeated offence the penalty will be increased to double the
amount and if the work not up to standard, the CMS/SR.DMO/DMO/ER/Asansol has the
right to deduct proportionate amount of whole day charges from the contractors bills.

(20) That the CMS/ER/ASN will have the right to fine the contractor to the extent for
each offence in case damage and /or loss of the Rly properties by the contractor in
addition to recovery to the cost of the Rly. Properties by the contractor in addition to
recovery to the cost of the Rly. Properties in case of severe damage or loss. Such fine or
cost will be relished from the contractor by the Railway Administration.

(21) That if the work of the contractor is proved to unsatisfactory the CMS/Sr.DMO/
DMO/ER/ Asansol may at his discretion terminate the contract.

(22) That the contractor will carry out and abide by all instructions given to him from
time to time by such officer or the Railway administration as may be deputed for the
purpose to supervise the work of the contractor.

(23) Introduction of performance Guarantee: - contractors submitted the performance
guarantee Rs.________/- (Rupees _________only) @ Rs.5% of agreement value of
Rs.___________/- vide deposit Receipt No. ____________ dated ___________ from
______Bank, ________ Branch.

(24) S.D. Money: - Earnest money of Rs_____/- (Rupees _______________ only) Vide
____ No. ________ dt._______ of Rs._______/- issued by _____ Bank/______Branch is
converted to Security deposit money and balance SD money will be deducted from every
on A/C bill of 10% of the bill value as SD money till 5% of the agreement value is
reached vide contractors Letter dated ________.
The contractor will not be entitled to any interest on the said security deposit. If the
contractor infringes or commits any breach of the terms and conditions of contract, of
which the Administration will be the sloe judge and whose decision will be final and
binding on the contractor, the administration may without prejudice to its any other right
or rights forfeit the said security deposit in whole or in part at its absolute discretion and
call upon the contractor to replenish the forfeited amount forthwith to maintain the said
security deposit to the required limit.

 In the event of the contractor failing to replenish the forfeited amount the form the
contractor’s bills and also to terminate the contract in terms of clause 22 hereunder. The
said security deposits will however, he refunded to the contractor on satisfactory
completion of the contract and upon application for refund the security from the
contractor.


(25) All notices to be given and all action to be taken on behalf of the President of India
may be given or taken on his behalf as the case may be by CMS/ Sr.DMO /ER/Asansol

 (26) All payments made to the contractor/contractors under and in connection with this
agreement are subject to deduction on Income Tax in accordance with the provisions
prescribed in this behalf on the Income tax Act1961, and amendments enacted there
under from time to time as well as the relevant finance act of facts made in connection
therewith.

(27) Subject as otherwise provided all notices to be given and all action to be taken for on
behalf of the President of India may be given or taken on the behalf of chief Medical
Superintendent, E.Rly. Asansol.


   IN WITNESS the parties to these presented here into set and subscribed their hands at
   the place and dates hereinafter mentioned respectively.


   Signature of the contractor:



   Signature & Address of witnesses 1.


                                      2.




   Signed and delivered to the Contractor on behalf of the
   President of India by......... Eastern Railway, Asansol on this day of … (month) (Year)

   Witness by: Assistant/Divisional medical officer, Eastern Railway, Asansol

				
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