NORTH WESTERN RAILWAY, ELECTRICAL DEPARTMENT TENDER DOCUMENTS REGARDING WORKS CONTRAT NIT NO: 18/09-10 Open Tender Notice/Adv.NO.09 of 09-10 1. Name of Work: Replacement of Single-phase electronic Energy meter (KWH) in place of conventional KWH Meters for staff quarters over Jodhpur division. 2. Approximate Cost: Rs. 14,20,502.00 3. Completion Period: 06 months. 4. Earnest Money: Rs. 28,410.00 5. Date of opening: 08.02.2010 up to 15.00 hrs. & will be opened at 15.30hrs. 6. Place of opening: SR. DEE, N.W. Rly. DRM‟S Office, Jodhpur. 7. Name of Address of party with date to whom Tender Sold: ........................................................................................... ........................................................................................... 8. Date of Sale: .............................................................................................. 9. Tender Paper in original duly signed on each page must be returned with your tender. 10. Rates must be filled on schedule of Rates attached with the tender Document in words and figures both. 11. Rates should be quoted inclusive of Sales Tax, Works contract Tax, Excise Duty, Levies, Octroi and any other tax applicable. 12. Offer shall be kept open for 90 days. 13. Annexure I to VI are part of Tender document, Tender must fill up these forms positively. Price(Tender cost) Rs. 2000/- (By Hand) Tender Copy No:------------- Rs. 2500/-(By Post) Note: Address & Contact No. of Contractor: Signature of tenderer 1 of 43 DRM(Electrical), N.W. Railway, Jodhpur. SCHEDULE OF WORK NIT NO. 18/09-10 Name of work: - Replacement of single phase electronic Energy meter (KWH) In place of conventional KWh Meters for staff quarters over Jodhpur division. S. Description Unit Qty. Rate per Amount N. unit 1. 2. 3. 4. 5. 6. Replacement of Single Phase 230 Volt KWH Meter Box. make Syntax, model No. GSMB 3126 or similar model of Action Montel. (As per specifications attached) complete with supply & fixing of one 5/20 Amp. Single phase two wire whole current static watt- hour meter 1. nos. 1000 1123.08 1123080.00 (Electronic Energy Meter) As per specifications attached & earthed properly including supply of material as required. NOTE- : Released KWH meter & meter box should be deposit in the store of site supervisor in good condition. Fixing and making connection of single phase and neutral sheet metal powder coated distribution boxes for MCBs fitted with Bus Bar, neural link earth bar and Din Rail confirming to IS: 8623 Make legrand Model No. 601320 R or 2. similar model ABB, Siemens & BCH as under including supply of material as required. 4ways To accommodate 1 SPN /RCCB + 2 SP Nos 350 341.20 119420.00 6ways To accommodate 1 SPN /RCCB + 4 SP Nos 450 395.56 178002.00 TOTAL 14,20,502.00 Say Rs. 14, 20,502.00 ( RS, Fourteen Lac Twenty Thousand five hundred and Two Rupees only ) Sr.Divisional Electrical Engineer, North Western Railway Jodhpur. To Be Filled By Tenderor 1. Rates Offered (in figures )………… ……………% above/below the total tender cost of work . 2. Rates Offered (in Words )……… ………………% above/below the total tender cost of work Signature of tenderer 2 of 43 DRM(Electrical), N.W. Railway, Jodhpur. Technical specification Scope of work:- Replacement of single phase electronic Energy meter (KWH) In place of conventional KWh Meters for staff quarters over Jodhpur division. Technical Specification: for the purpose of this work following are the specification, items / definitions SPECIFICATION OF WIRE It should be bright annealed electrolytic Copper conductor PVC insulated unsheathed cable confirming to IS : 694/1990 for working voltage up to and including 1100 volts grade. It should be ISI mark. Single core 1.0 sq.mm. P.V.C. Insulated Copper wire in preferably Green Colour to be used as Earth Wire along with complete wiring where ever required. S.N. Description and sizes Nominal Area sqmm Current Rating AMP 1. 22 /0.3 1.5 Sqmm 13 Amp 2. 36/0.3 mm 2.5 Sq mm 19 Amp. 3 56/0.3 mm 4 Sq mm 26 Amp. 4 85/0.3 6 Sq mm 31 Amps. Approved Make for Wire Finolex Asian Fort Gloster CCI NICCO Universal Incab Torrent Uniflex RPG Polycab ICL Unistar Signature of tenderer 3 of 43 DRM(Electrical), N.W. Railway, Jodhpur. SINGLE PHASE ELECTRONIC ENERGY METER Single phase electronic static energy meter surface mounting type with bottom connection and terminal cover. Technical specification Single-phase static type (Electronic) Accuracy Class 1.0 as per ISI 13779/1999 Voltage rating 240/230V (-25% to +20%) Current rating 5-20 amps. Frequency 50Hz +/- 10% Starting current 20MA (0.4% of I) Registering mechanism Six digit impulse center with one decimal Enclosure Sheet steel/ Poly carbonate Operating temperature 00 to 55 0 C Relevant Standard IS-13779 or latest The energy meter should have terminal cover plate with sealing arrangements for meter body cover and terminal board. Anti temper features 1. Reverse current-Auto correction, energy registration and LED indication for earth temper. Note 1. Meter should function correctly when phase and neutral connection are interchanged. 2. Meter should record correctly under reverse current connections. 3. Meter should record correct energy when load is connected to earth instead of neutral. 4. Class1.0 accuracy should be maintained in all the above conditions. 5. Temper indication on the name plate of the meter to two LED’s (One each for current reversal connection and earth load connection). 6. The old energy meter is to be disconnected and removed from the main board of staff qtrs. By contractor and deposit .in the store section incharges, including fixing of New meter on board and connections and connecting leads if required. 7. The meter should be ISI marked if available or other wise meter should confirm to IS 13779/1999. 8. Sample of the meter should be got approved from this office before supply installation. Signature of tenderer 4 of 43 DRM(Electrical), N.W. Railway, Jodhpur. Specification for SMC Meter Box It should be suitable for LT single phase KWH meter ( single door) having dimensions 317x265x160 mm (Outside) and 280x235x135 mm (inside). (As per drawing attached) It should be made of insulating, Thermo settings resins material i.e. Sheet Moulding Compound (SMC) confirming to IS 13410. Make: Syntex model No. GSMB-3126 or similar. NOTE 1. Connections to and from meter should be done through “Pin thimbles” for avoiding any chances of sparking due to loose connection. 2. Connection from Meter Box to Distribution Box should be done with 2x4 sq mm copper conductor with PVC conduit of appropriate size and proper size of PVC glands. Signature of tenderer 5 of 43 DRM(Electrical), N.W. Railway, Jodhpur. LIST OF STANDARD MAKES FOR POWER SUPPLY & GENERAL SERVICE ITEMS/EQUIPMENT FOR NWR S. Item IS No. Makes N. Crompton Greaves, NGEF, Kirloskar, BHEL, 1 Transformer IS: 2026/1977 Andrewyule, Bharat Bijlee, Alsthom, ABB, Voltamp, Siemens, GEC, Voltas, TELK 11 kV/HT Vacuum Circuit GEC, Siemens, Andrew yule, Crompton Greave, IS: 3427 for VCB 2 Breaker, SF-6/11kV gas Alsthom(Areva), Jyoti, ABB, BHEL, Alind, L&T, filled Circuit Breaker Schneider, Biecco Lawrie. Siemens, L&T, Crompton Greave, Schneider, IS: 13118/1991 3 ACB(11kV) Jyoti, GEC, MEI, ABB, Merlin Gerin, Moeller, IS: 13947/1993 Biecco Lawrie. PSS/CSS with HT/LT ABB, Siemens, L&T, Crompton Greave, switch gear, transformer IS:11171/85 for dry type BHEL, GEC, Kirloskar, Alsthom(Areva), 4 and connected transformer Schneider accessories IS: 8828/96 for MCB MCCBs, MCBs, ELCBS, IS: 13947(Part-1&5/Sec1)/93for MCCB L&T, Crompton Greave, Siemens, Legrand, RCCBs, DB, ICTPN, TP, 5 IS: 12640(Part-1)/2000 for RCCB Jyoti, GEC, Andrew yule, BCH, Schneider, HRC fuse, Changing over IS: 13703(Part-2/Sec1)/93 for ABB, Moeller, Merlin Gerin switch, Switch Fuse Unit HRC fuse IS: 13947(Part-3)/93 for SFU XLPE Cable 11/33kV Asian, NICCO, Universal, CCI, Torrent, Fort 6 grade IS:7098(Part-2)/1985 Gloster, INCAB, Industrial Cable, Polycab IS: 694/1990 for PVC cable CCI, Universal Cable, Polycab, NICCO, IS: 1554(Part1)/1988 for heavy PVC/XLPE Power Cables Torrent, Asian, Fort Gloster, Finolex, Incab, 7 duty PVC cable up to 1.1kV grade Industrial Cable IS:7098(Part-1)/1988 for XLPE cable Automatic Electric, Meco, Industrial Meter, Instrument Voltmeter, 8 IS:1248 for Analog Motwani, Toshniwal, L&T, Siemens, Rishab, Ammeter, PF meter IMP, Shanti, Moeller(HPL). 11kV Cable End Raychem, M-Seal, Safe system, Xicon brand IS: 13573/92 9 Termination & Jointing of CCI, Hari consolidated(Cable seal brand), kits Densons(Yamuna) Siemens, L&T, Alsthom, EA SUN REY Roll, 10 Relays IS: 3231/65 ABB, BHEL, Jyoti, Alind, GE, BCH, Minilec, Enercon IS: 9974(Part-1)/83 for HPSV Luminaries, MH, HPSV, Phillips, Crompton, Bajaj, GE, Osram, Wipro. IS:10322(Part-5), 11 T-5 fittings, CFL & related 10322(Part2&3)/84 for Luminaries accessories IS:15111 for CFL PVC insulated Elect. Wires Finolex, Asian, Fort Gloster, CCI, NICCO, Sheathed/ unsheathed, Universal, Incab, Torrent, Uniflex, RPG, PVC flexible LT cable, IS: 694/1990 for PVC cable 12 Polycab, ICL, Unistar multicore, single core, Flat cable for submersible pumps Automatic Electric, CGL, C&S, MECO, 13 Current Transformer IS: 2705(Part3)/92 KAPPA, Siemens, L&T, Schneider IS:13314/92 for Inverter AEI, BHEL, Hind Rectifier, L&T, NGEF, Siemens, On line UPS, Servo 14 IS:11260/85 for voltage Hi-rel, Autometer, Enertech, Pyramid, APC, Stabilizer, Inverter, CVT Stabilizer Dubas, Luminous, Microtech , TATA Libert Rotary Switches. Selector Kaycee, L&T, Salzer, GE, ABB, C&S, 15 Relevant IS Switches Siemens, HPL, Moeller Signature of tenderer 6 of 43 DRM(Electrical), N.W. Railway, Jodhpur. Crompton, Khaitan, GEC, Usha, Philips, Exhaust fan/Air IS: 374/79 for ceiling fan Bajaj, Polar, Orient, Almonard. 16 Circulator/ Bracket & IS: 2312/63 for Exhaust fan Pedestal fans/Ceiling fan High mast IS:875(Part3), BSTN- 10025/1993, CPE III TRT/1996 Galvanized High Mast of ILE UK. Bajaj, Philips, GE, CGL Tower / Tubular pole/ 17 Octagonal Pole Octagonal pole for S355JO. general purpose lighting Galvanization IS: 2629 BSEN ISO-1461 IS:13779/1999 L&T, IMP,HPL, Secure, ABB, Enercon, 18 Electronic Energy Meter IEC:62053-21 Central Air Conditioning IS:8148 for package type. Voltas, Blue Star, Sidwal, Fedder Lloyd, 19 Plants & Package type IS:1391 for Room Air Videocon, Amtrex, Carrier, Frick, Shriram, plant Conditioners. Hitachi, O General, Mitsubhisi ABB, BHEL, Indian Capacitors, Khatau 20 Capacitors- PF correction IS:13340/93 Junker, Shreem, Unistar, WS Insulators, for Electrical General IS:13341/92 L&T, Hind Rectifier, Voltas, Siemens, Services Schneider, Indian Condenser, EPCOS IS: 13364(Part-1)/92 for Birla Yamaha, CGL, Shriram Honda 21 DG Sets- Portable AlternatorIS:1001/91 for Diesel Engine Cummins, Kirloskar, Caterpillar, Ashok 22 DG Engine IS:13364 Leylend, Penta-volvo IS:4722/2001 KEC, CGL, Stampford, Leroy-somer, 23 Alternator for DG set IS:4728/1975 Kirloskar-Green IS:235/96 Bharat Bijlee, BHEL, CGL, GE, Jyoti, 24 Induction Motor IS:12615/2004 Kirloskar, Siemens, ABB, NGEF, Alsthom LT Switchgear & control ABB, CGL, Jyoti, L&T, MEI, NGEF, gears- Contactors & IS:13947(Part1)/1993 Siemens, Telemecanique & control (India) motor starters, Energy 25 IS:13947(Part4)/1993 (TC), Legrand(MDS), BCH, Standard, GEC, Efficient Soft Starter BHEL, Minilec, Enercon, Andrewyule, C&S, panel/ Earthing Switch, N.N. Planner, Power Boss, Schneider. Single phase preventer IS: 8034/2002 for submersible Calama, CGL, Jyoti, Kirloskar, KSB, pumpsets IS: 9283/1995 for TEXMO, SABAR 26 Pumps- Submersible motors of submersible pumpsets IS: 14220/1994 for open well submersible pumpsets Timers- electronic solid ABB, BHEL, GE, Jyoti, L&T, BCH, Siemens, 27 Relevant IS state Minilec, Legrand Blue Star, Fedders, Kelvinator, Shriram, 28 Water Coolers IS: 1475/2001 Sidwal, Voltas IS: 3854/88 for switches Electrical accessories SSK(Top line), Anchor(Penta-ornet), IS: 1293/88 for plugs& sockets (Piano switch, Plugs & Precision(Prime), Vinay(Clair-30), 29 IS: 371/79 for ceiling rose sockets, ceiling rose, CONA(Nice-Indian), Leader, Legrand, ABB IS: 1258/79 for lamp holder Angle holder, holders,) bakelite 30 Bell Buzzer IS:2268/1988 or latest CONA, MAX, Anchor, Leader, SSK 31 Electronic fan regulator IS:11037/1984 Anchor, Usha, ERIK, Rider TATA BP, BEL, BHEL, REIL, MOSER 32 Solar cell/Module system Relevant IS BEAR, CEL, Sharp Business Systems (India) Ltd. 33 Solar Lighting system Relevant IS DGS&D approved vendors on RC Signature of tenderer 7 of 43 DRM(Electrical), N.W. Railway, Jodhpur. 34 GI/MS Pipe IS: 1239(Part-1)/90 TATA, Jindal, TT Swastik, Prakash Surya Bajaj, Usha, Crompton , Spherehot, Recold, 35 Geysers IS:2082/93 Venus. OTIS, Thysson Krup, Shindler, KONE, 36 Lifts & Escalators IS:14665/2000 Mitsubhisi. BHEL, Indo Asian Fusegear Ltd., Switch control (India), Siemens, GE, ABB, L&T, Moeller. 37 LEDs Relevant IS Note: Supplier has to submit govt. approved lab type test report for 75,000 burning hours of LED 38 Solar Water Heaters Relevant IS As per MNES approved sources. Solar Distilled Water Makes can be approved on the 39 Relevant IS Plants recommendation of divisions. Item to be procured on trial as per RDSO draft specification No. RDSO/PE/SPEC/PE/0083(Rev.-0)-2007. Energy savers used for Each division to install these at 5 different 40 Relevant IS lighting loads locations and the equipment to be tested by ERDA/CPRI as per Railway Board letter no. 2002/Elec(G)/150/5 dated 18.06.2007. Performance to be reported to HQ. 41 Air Cooling Plants IS:8148/1976 Voltas, Blue Star, Carrier Hind Rectifier, Usha Rectifier, Suresh Battery Charger for other IS:2026 Electrical, Pyramid, Automatic Electric, 42 than battery room for IS:3895 Delta Elect., Trinity Elect., Universal Ind. Train Lighting Products, Venus Engg., RS Power. Battery Charger for As per RDSO specification 43 Amar Raja, Exide, RS Power battery room having re-generation facility PVC Conduit pipe & Precision, A.K.G., Polycab, Finolex , 44 Casing capping for IS:9537/93 Prestoplast electrical wiring 45 Aluminum Ladders IS:4571/1977 Sumer, Beatfire 46 LT Panels As per Relevant IEC From CPRI tested firms. Aircon, ALMONARD, Technocrate, 47 Air Curtain Relevant IS Thermadyne, Mitzwak Signature of tenderer 8 of 43 DRM(Electrical), N.W. Railway, Jodhpur. GENERAL CONDITION 1. The work to be carried out as per IE rules and code of practice. 2. All the electrical item/cables shall be ISI mark if prevailing. 3. Work completed in all respect shall be guaranteed for a period of 1year from date of completion including lamps, tubes, ballast & Chokes. 4. Proper shut down to be arranged from concerned SSE/SE of the station. 5. Samples of item to be approved from this office. 6. Maximum 70% payment can be made against supply on approval and receipt of material. The payment against material will be made as per NS wise as per the discretion of Railway authorities. 7. The location of the work can be changed as per the requirement of Railway in the division. 8. Tender will be governed by G.C.C 9. For the first 15% increase in the value beyond 25% of agreement value the rates will have a reduction of 2% in the incremental value of the agreement and for the next 10% increase in the value rates will have on additional reduction of 2% in the further incremental value of the agreement 10. All the poles to be erected on the pre caste foundation on ground level at specified locations as required. The RCC foundation shall be designed and done as per drawing given for each type of pole , with the help of Base plate, foundation bolts & nuts e.t.c. supplied by the manufacturer along with each pole .by for the reaction arising out of the dynamic loading of poles for the actual safe soil bearing at site with M 15 grade concrete. 11. Inspection of cables & poles will be done at Manufacturer’s work place by authorized representative of Sr. DEE & the contractor. Test report of inspection will also be signed by Manufacturer’s representative. 12. For all other items challan from OEM or his authorized stockist / Dealer will be submitted along with test report. 13. Any other make approved by CEE/NWR/JP also applicable. Special condition: Vehicle and equipments of contractors can be drafted by Railway administration in case of accidents/natural calamities involving human lives. Payment for the same will be made after operating the items as Non-schedule items, as per the existing norms and power delegated in the SOP of Railways. Signature of tenderer 9 of 43 DRM(Electrical), N.W. Railway, Jodhpur. FIRST SHEET OF TENDER PAPER From M/S............................................. .................................................... .................................................... To, The President of India, Acting through Sr. DEE NWR, Jodhpur. Dear Sir, Sub: Tender for the work of Replacement of Single phase electronic Energy meter (KWH) in place of conventional KWH Meters for staff quarters over Jodhpur division. ***** I/We........................................................................................have read the instructions and conditions of tendering and hereby agrees to abide by the said conditions. I/We also agree to keep this offer open for acceptance for a period of 03 Months from the date fixed for opening the tender and in default thereof. I/We.............................................................................will be liable for forfeiture of my/ our “security deposit”. I/We offer to do the work name of which is given on top sheet at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work within 06 Months of date of the issue of letter of acceptance of tender. I/We also fully understand and hereby agree to abide by the general and special conditions of the contract and to carry out the work according to the specification for present contract as included in this tender. I/We have deposited with the Divl. Cashier, North Western Railway, Jodhpur, the required sum of Rs. 28,410.00.as earnest money which includes seniority deposit, in respect of above tender for which receipt No.........................dated.........................has been granted. 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 agreement within seven days after receipt of notice issued by the Railway that such agreement is ready for. b) I/We do not commence the work within a reasonable period after the date stipulated in the approved schedule of work. c) Until a formal agreement is prepared and executed, acceptance of this Tender shall constitute binding Contract between as subject to modifications as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. I/We have no retired Engineer or retired Gazetted Officer of the Electrical Department of any of the Railway owned and administered by the President of India. OR The list of the Retired Engineers or Retired Gazetted Officer who are associated with me/us included as an enclosure to this office letter. (* Strike out whichever is not applicable)., 1. Signature................................................................. Name in block letters............................................. Address................................................................. 2. Signature................................................................. Name in block letters............................................. Address................................................................. Yours faithfully Signature of tenderer 10 of 43 DRM(Electrical), N.W. Railway, Jodhpur. NORTH WESTERN RAILWAY OPEN T E N D E R N O T I C E ELECTRICAL DEPARTMENT JODHPUR DIVISION Sealed tender is invited on prescribed form obtainable from office of Sr. Divisional Electrical Engineer North Western railway ,Jodhpur On behalf of The President Of India on production of money receipt for each tender of Rs. 2000.00 in person & Rs.2500./-by post issued by any Station Master of North Western Railway (non refundable) with application. Tender documents will be issued up to 12.00 hrs on 08/02/2010 and the same will be accepted up to 15.00 hrs. and will be opened at 15.30 hrs. on the same day in the presence of the contractor/ representative. If day of opening of tender happens to be holiday, the tender will be opened on the next working day on same time. Tender form will be sold from 25/01/2010 to 08/02/2010. In case of downloaded tender documents the cost of the Tender Rs..... can be deposited with station Master of any Station of North Western Railway. Under the Allocation No. Z –650 and the Money receipt in Original should be enclosed with the offer. 1. Tender No.: - 18/ 09-10 2. Open Tender Notice/Adv.NO.09/09-10 3. Name of work: Replacement of Single phase electronic Energy meter (KWH) in place of conventional KWH Meters for staff quarters over Jodhpur division. 4. Estimated cost: - Rs.14,20,502.00 5. Earnest money: - Rs.28,410.00 6. Period of completion: 06 Months. 7. Place Of Opening: - Office Of The Sr. Divisional Electrical Engineer, North Western Railway JODHPUR. 8. Tenders not accompanied with earnest money will be summarily rejected FDR/TDR/Demand Draft etc. issued by Nationalized/ scheduled bank should be drawn in favour of Sr. D.F.M. North Western Railway Jodhpur with showing the name of A/c holder. 9. Eligibility Criteria:- Documents testifying tenderer‟s previous experience and financial status should be produced along with tender or when desired by competent Authority of N.W.Railway Tenderer (s) who has/have not carried out any work so far on this railway and who is/are not borne on the Approved list of contractor of Northwestern railway should submit along with his/their tender credentials to establish. i. His Capacity to carry out the works satisfactorily. ii. His Financial status supported by Bank references and other documents. iii. Certificates duly attested and testimonials regarding contracting Experiences for the type of job for which tender is invited with list of Work carried out in Past. iv. Performance Guarantee (P.G.) of 5% of Total contract value (accepted Cost) be Submitted by the tenderar within 15 days of issue of letter of acceptance. v. The firm must have “A” class electrical contractor license in the name of firm/Owner. (FOR TENDERS COSTING MORE THAN 20 LACS) (i) At least one work of similar nature of 35% of the cost of work during three preceding year & Current year. Note: Similar nature work ………………..any Electrical work related to HT/LT installation are eligible. (ii) The firm should have total turnover for execution of similar nature of Electrical Contractual works in Electrical Department of 150% of advertised tender value of the Work during preceding three years & current financial year. No. 160-Elect/81/WC/09-10/18 dated 24/12/2009 Copy forwarded for exhibition of Notice Board. CEE/NWR/JP, CEE/C/NWR/JP. Sr. DEE-JP, AII, JU, BKN, D.F.M/NWR/Jodhpur:- Kindly depute Sr. SO (A\C) for witnessing the tender opening process. Copy to Contractors: M\S ------------------------------------------------------------------- Signature of tenderer 11 of 43 DRM(Electrical), N.W. Railway, Jodhpur. PART – I SECTION - I PREMBLE & GENERAL INSTRUCTION TO TENDERERS INTRODUCTION TO TENDERER 1 INTRODUCTION 18.104.22.168 On behalf of The President of India Sr. Divisional Electrical Engineer North Western railway , Jodhpur her in after referred to as “Railway ” invites tenders from established ,experienced and reliable manufacturers, contractors for execution of electrical works as detailed in Part II and advertised in Notice inviting Tender by North Western railway . 1.1.2 The contract emerging out of this tender shall be referred as “ WORK CONTRACT ” and the contractor who is awarded the work contract shall be referred to “ WORK CONTRACT OR ” 1.2 TENDER DOCUMENT:- This Tender Document consists of two parts (Part I & Part II) 1.2.1 Part I Consists of following : Section I: Preamble And General Instructions to Tenderers. Section II: General Conditions of Contract. Section III: Special conditions of contract. 1.2.2 Part II Consists of technical specifications, schedule of quantity and rates ,special datas and drawings etc. Two parts as explained above at 1.2.1and 1.2.2 shall be collectively referred to as the tender documents. 1.3 SALE & SUBMISSION OF TENDER DOCUMENT Tender documents can be had from the office of the Sr. Divl. Elect. Engineer, N.W. Railway, Jodhpur on any working day from 10.00 hrs. to 15.00 hrs. on 07/02/2010 and up to 12.00 hrs. on 08/02/2010 on payment of Rs.2000 /-.. (Rupees. Two Thousand only.) in cash per set. If the same are required by post, an additional sum of Rs. 500. (Rupees Five Hundred) per set should be deposited towards postal charges. If the tender form is required by post, the cost tender form plus postal charges should be sent by money order. The cost of the tender form is not refundable and the tender form is not transferable. These tender documents must be submitted duly completed in all respects, in sealed cover super scribed as tender form for the work Replacement of Single phase electronic Energy meter (KWH) in place of conventional KWH Meters for staff quarters over Jodhpur division up to 15.00 hrs. on 08/02/2010 and will be opened at 15.30 Hrs and rates read out in the Present of such tenderer(s) as is/are present. Tenders which are received after the time & date specified above may not be considered. In case the intended date for opening of tenders is declared a holiday, the tender will be Opened on the next working day at same time. Signature of tenderer 12 of 43 DRM(Electrical), N.W. Railway, Jodhpur. Tenders sealed and super scribed as aforesaid can also be sent by registered post addressed to the Sr.Divisional Electrical Engineer North Western railway DRM office, Jodhpur but tender which is received after the time & date specified in Para above may not be considered. Tender delivered or sent otherwise will be at the risk of tenderers. The rate should be quoted in figures as well as in words, if there is variation between the rates quoted in figures and words, then the rates quoted in words shall be taken as correct. If more than one of improper rates are tendered for the same item, the tender is liable to be rejected. Each page of the tender paper is to be signed and dated by the tenderer or such person or his / their behalf who is / are legally authorized to sign for him / them. 1.4 FINANCE OF THE CONTRACT The contract shall be financed by Rlys. from resources. 1.5.1 VALDITY OF TENDER:- The tenderer shall keep their offers open for a minimum period of 90 days from the date of opening of the tenders within which period tenderer‟s cannot withdraw his offers subject to the period being extended further if required by mutual agreement from time to time. 1.6 EARNEST MONEY:- 1.6.1 The tenderer‟s is/are required to deposit a sum of Rs. 28,410/- (Rs Twenty Eight Thousand Four hundred Ten only) security deposit for the performance of the stipulation to keep the offer open for the period specified below: The tenderer shall hold the offer open for a period of 03 Months from the date fixed for opening the same, It is understood that the tender document have been sold/issued to the tenderer and the tenderer is being permitted to tender is consideration of the stipulation on his part that after submitting his tender he will not resize from his offer or modify the terms and conditions therefore in a manner not acceptable to the Sr. .DEE /Jodhpur of North Western Railway, should the tenderer fails to Rs. 28,410/- shall be liable to be forfeited. 1.6.2 Earnest money shall be included as per Railway Board‟s letter No RB /CE – I /2 /2006 under letter no. 2003/CE-I/CT/4/PT.I dated 12/16.05.06 a. The tenderer shall be required to deposit 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 the tender. The earnest money shall be 2% of the estimated tender value as indicated in the tender notice. The earnest money shall be rounded to the nearest rupees 10. This earnest money shall be applicable for all modes of tendering. b. It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. c. If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The Earnest Money of other tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any Signature of tenderer 13 of 43 DRM(Electrical), N.W. Railway, Jodhpur. loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. 1.6.3 EARNEST MONEY SHOULD BE IN CASH OF ANY IN THE FOLLOWING FORMS (i) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposit receipts executed by the schedule banks (other than the State bank of India and the Nationalized Banks) approved by Reserve bank of India for this purpose. The Railway will not, however, accept any such deposit receipt without getting in writing the concurrence of the Reserve Bank of India. 1.6.4 Earnest money in the form of Government securities (Stock certificates/Bearer Bonds, Promissory notes and cash receipts with Station Master will not be accepted.) 1.6.5 Bank guarantee for earnest money will not be accepted. 1.6.6 FDR/Term deposit receipt duly discharged by the tenderer on its reverse affixing revenue stamps and stamp of the firm. 1.6.7 TDR/FDR to be drawn in the name of Sr.D.F.M. /N.W.R. / Jodhpur. 1.6.8 The total earnest money shall be forfeited if the contractor fails to execute the agreement or Does not start the work within a reasonable time, to be determined by the Sr. Divisional Electrical Engineer, North Western Railway, Jodhpur or his successor/nominee (whose Address will be intimated in the due course) after the notification of the acceptance of his/their Tender and work would be got executed at the risk and cost of the defaulter. SECURITY DEPOSIT: Unless otherwise specified in the special conditions, 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. C- Security Deposits 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. D- Security Deposit shall be returned to the contractor after the physical completion of the work and after the expiry of the maintenance period, as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained 1.6.9 PERFORMANCE GUARANTEE (P.G.): The procedure for obtaining Performance Guarantee is outlined below- Signature of tenderer 14 of 43 DRM(Electrical), N.W. Railway, Jodhpur. A- The successful bidder should give a Performance Guarantee amounting to 5% of the contract value in any of the following forms. (Authority Rly. Board‟s letter No. 2003/CE- I/CT/4/Pt.I dated 23.5.07.) (i) A deposit in cash. (ii) Irrevocable bank guarantee (iii) Government securities including state loan Bonds at 5 % below the market value. (iv) Deposit receipts, pay order, demand draft and guarantee bonds. These forms of performance guarantee could be either of State bank of India or of any of the nationalized banks. (v) Guarantee bond executed or deposits receipts tendered by all scheduled banks (vi) A deposit in the post office saving bank. (vii) A deposit in the National saving certificate. (viii) Twelve years National defence certificate. (ix) Ten years defence deposits. (x) National defence bonds (xi) Unit trust certificates at 5 % below market value or at the face value whichever is less (xii) Also FDR in favour of Senior Divisional Finance Manager/North Western Railway, Jodhpur (free from any encumbrance) may be accepted. The instruments as listed above will also be acceptable for guarantee in case of Mobilization advance. B- The Performance Guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15 (fifteen) days after the issue of LOA and Performance Guarantee should also be submitted within this time limit. This guarantee 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 Performance Guarantee extended to cover such extended time for completion of work plus 60 days. C- Performance Guarantee shall be released after the physical completion of the work based on the „completion certificate‟ issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on „No Claim Certificate‟ or any latest amendment in relevant para of GCC. D- Wherever the contracts are rescinded, the security deposit should be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done separately. E- The balance work shall be got done independently without risk and cost of the failed contractor. F- The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm. 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 (notwithstanding and/or without prejudice to any other provisions in the contract agreement) in the event of :- Signature of tenderer 15 of 43 DRM(Electrical), N.W. Railway, Jodhpur. (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 of notice to this effect by Engineer. (iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India. 1.7 Mobilization Advance - NIL 1.8 Equipment/Machinery Advance - NIL 1.9 Price Adjustment NIL 1.10 Fixing Milestones: The concerned executive in charge of the work may fix appropriate milestone & Monitor. 1.11 (a) Rescinding of contract Risk & Cost clause Determination of contract owing to default of contractor – (1) if the Contractor should……. (i) Becomes bankrupt or insolvent; or (ii) Make an arrangement with of assignment in favour of his creditors, or agree to carry out the contract under a Committee of Inspection of hisw creditors, or (iii) Being a Company or Corporation, go into liquidation(other than a voluntary liquidation for the purpose of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part there otherwise than as provided in Clause 7 of these condition or (vi) abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or (ix) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of these conditions, or (x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the conditions, or (xi) Fail to afford the Engineer or Engineer‟s representative proper facilities for inspecting the works or any part thereof as required under Clause (28) of the conditions, or (xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Railway., (xiii) (A) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow Signature of tenderer 16 of 43 DRM(Electrical), N.W. Railway, Jodhpur. to act as one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazatted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Engineering Department of the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or (B) Fail to give at the time of submitting the said tender:- (a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service, or as to whether any such retired engineer or retired officer was under the employment of the contractor at the time or submitting the said tender, or (b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or (c) Being a partnership firm, the correct information as to, whether any of its partners was such a retired engineer or a retired officer, or (d) Being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired officer, or (e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the Contractor, and after expiry of 48 hours notice, a final termination notice (Performa as Annexure V) should be issued. Then and in any of the said clause, the Engineer or behalf of the Railway may serve the Contractor with a notice (Performa at Annexure III) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made goods and carry on the work or comply with such direction as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Performa at Annexure IV) in writing under the hand of the Engineer to rescined the contract as a whole or in part or parts( as ,may be specified in such notice). 1. Right of Railway after rescission of contract owing to default of Contractor – In the event of any or several of the courses, referred to in sub-clause(1) of this clause, being adopted:- (a) The Contractor shall have no claim to compensation for any loss sub stained by him by reason of his having purchased or procured any materials or Entered into any commitments or made any advances on account of or witha view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work There to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value Payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified, (b) The Engineer or the Engineer‟s Representative shall be entitled to take Possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or out to have been Executed, and to retain and employ the same in the further Signature of tenderer 17 of 43 DRM(Electrical), N.W. Railway, Jodhpur. execution of the works of any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment Thereof or for wear and tear pr destruction thereof. (c) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determined ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously. 1.12TENDERER‟S ADDRESS The tenderer should state in the tender his postal address legibly and clearly. Any communication sent in time to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time. Important documents should be sent by registered post. 1.13 METRIC UNIT Dimensions, volumes, weights etc should be quoted in metric unit. 1.14 ITCC Now not needed. 1.15 CONTRACTOR‟S CREDENTIALS 1.15.1 Tenderer‟s who has/have not carried out any work so far on this railway and who is/are not borne on the approved list of contractor, for Western Railway is/are required to submit in duplicate, particulars, regarding his /their financial position commensurate with the amount of this contract supported by a bank reference and credentials certificates duly attested by a Gazetted officer and testimonials regarding contracting experience and experience for the type of job for which this tender is invited, with list of works giving cost therefore, carried out in the past along with the tender. 1.15.2 Documents satisfying tenderer‟s previous experience and financial status should be produced along with tender or when desired by competent Authority of N.W.Railway. 1.15.3 Tenderer (s) who has/have not carried out any work so far on this railway and who is/are not borne on the approved list of contractor of North western railway should submit along with his/their tender credentials to establish. l. His Capacity to carry out the works satisfactorily. 2. His Financial status supported by Bank references and other documents. 4. Certificates duly attested and testimonials regarding contracting Experiences for the type of job for which tender is invited with list of work carried out in Past. 5. Performance Guarantee (P.G.) of 5% of Total contract value (accepted Cost) be submitted by the tenderar within 15 days of issue of letter of acceptance. 6. The firm must have “A” Class electrical contractor license in the name of firm/Owner. (FOR TENDERS COSTING MORE THAN 20 LACS) (i) At least one work of similar nature of 35% of the cost of work during three preceding year & Current year. Note: Similar nature Work…………..Any Electrical work related to HT/LT installation are eligible. (ii) The firm should have total turnover for execution of similar nature of Electrical Contractual works in Electrical Department of 150% of advertised tender value of the Work during preceding three years & current financial year. Signature of tenderer 18 of 43 DRM(Electrical), N.W. Railway, Jodhpur. 1.12 PERIOD OF COMPLETION The entire work is required to be completed in all respect within 06 Months from the date of issue of acceptance letter / telegram/fax. Time is the essential contract. The contractor will be required to maintain steady and regular progress to the satisfaction of engineer to ensure that the work will be completed in all respect within the stipulated time, failing which action may be taken by the Rly. administration in terms of clause 17 & clause 62 of GCC 1989. 1.13 PRICES: - 1.13.1 Prices quoted by the tenderer should be firm commercially and inclusive of all taxes, duties liable including Sales Tax on works contract, if any, Successful tenderer shall produce documentary evidence of Taxes/duties paid by him to the State Govt./Central Govt. while claiming the payment. This is necessary to ensure whether the contractor has already paid dues to the government. 1.13.2 Octroi charges, if any, will have to be paid by the contractor and his prices in the tender should include the octroi charges, No octroi exemption certificates will be issued. 1.13.3 Confessional Sales Tax forms C/D would be issued by Railway on demand. 1.13.4 Contractor shall not be allowed to sublet the contract fully or partly to any other contractor 1.13.5 The tenderer should quote his offer in percentage above/below the schedule. No individual rates to be quoted by the tenderer. They should quote percentage above or below both in figures and words The prices should be commercially firm and without any ambiguity. Such incomplete offers will summarily reject. 1.14 TERMS OF PAYMENT: - Payment to the Contractor shall be made as under. 1.14.1 For major items 70 % of the item price (Material Cost) on receipt of materials in railway Custody after Successful inspection and due certification by Engineer‟s representative at Manufacturer‟s Works and /or at site of work will be paid to the contractor. 1.14.2 Balance 30% of item on completion of its erection /commissioning & certification by Engineer In charge. Signature of tenderer 19 of 43 DRM(Electrical), N.W. Railway, Jodhpur. SECTION – I I GENERAL CONDITION OF THE CONTRACT Except where specifically stated otherwise in the tender documents work will be governed by North Western Railway publication “Engineering Deptt. ; GENERAL CONDITION OF THE CONTRACT, REGULATIONS AND INSTRUCTIONS FOR TENDERERS AND STANDARD FORM OF CONTRACT, 1989” copy of which is to be purchased by tenderer from the office of the Chief Electrical Engineer, North Western Railway, Jaipur on payment of Rs..100 /- .per copy. Demand for this publication from out station will be considered only if a sum of Rs. 50 /- towards postal charges is also sent with the cost of copy by Money Order. In the above mentioned publication sub clause C, D, E of clause 1 under chapter “DEFINITION AND INTERPRETATION” shall be read as under: (a) “Chief Engineer” shall be the officer in-charge of the Engineering department of N.W. Rly. and shall also include the Engineer in- chief, Chief Engineer (construction), CSTE, CEE, CEE/Cons. and shall mean and include the Chief Engineer / Engineer in-chief, CE/Const., CSTE and CEE/const. of the successor Railway. (b)“Engineer” shall mean the division / district engineer or the executive engineer in executive charge of the works and shall include the superior officers of Engineering department of N.W. Rly. i.e. Dy. Chief Engineer / Chief Engineer / Chief Engineer (construction) / Engineer in-chief / CSTE, Dy. CSTE / CEE / CEE(Cons) / Dy. CEE (const). and shall mean and include the engineer of the successor Railway. (c) “Engineer‟s representative” shall mean the Asstt. Engineer in direct charge of the works and shall include any resident engineer or sub-engineer or any inspector of Civil Engineering / S & T / Electrical Engineering department appointed by the N.W. Rly. and shall mean and include the Engineer‟s representative of the successor Railway. The intending tenderer will be deemed to have purchased and read this publication. Signature of tenderer 20 of 43 DRM(Electrical), N.W. Railway, Jodhpur. PART –I SECTION – I I I SPECIAL CONDITION OF THE CONTRACT 3.1 INTRODUCTION 3.1.1 The several documents forming the tender are to be taken as mutually complementary to one another. Detailed drawings shall be followed in preference to small-scale drawings and figured dimensions in preference to scaled dimensions. 3.1.2 General Conditions of Contract, preamble and General Instructions to Tenderer and Special Condition of Contract shall govern the tenderer. Wherever there is discordance between any of these documents, various provisions shall have overriding priority in the following order. I. Preamble and General Instructions to Tenderer. II. Special Condition of Contract. III. Technical Specifications. IV. General Condition of Contract. 3.1.3 If there are varying or conflicting provision in the documents forming part of the contract, CEE/Jaipur shall be deciding authority with regard to the intentions of the provisions and decisions shall be final and binding on the contractor. 3.2 SCOPE OF WORK 3.2.1 The works to be governed by this contract shall cover designing, manufacturing, supplying, commissioning, transportation till destination, safe custody at site, Insurance, Erection, Testing & Commissioning of the works as per specifications in Part – II of this tender. 3.2.2 The works to be undertaken by the contractor shall inter alia include the following :- (i) Detailed design of equipments including shop testing of such equipment contained in technical specification. (ii) Complete manufacture including stop testing of the said equipment(s). (iii) Providing Engineering Drawings, Technical Data, operations manuals, catalogues, spare part list etc. for the said equipments as erected at site. (iv) Packing & transportation of said equipments from the manufacturer‟s factory to the work site in North Western Railway. (v) Receipt including unpacking of the said equipment(s) at the site storage, preservation and conservation at site of work in North Western Railway. (vi) Insurance of complete work governed by the contract including the said equipment(s) from the time of dispatch from the manufacturer‟s factory till the issue of acceptance certificate. Signature of tenderer 21 of 43 DRM(Electrical), N.W. Railway, Jodhpur. (vii) Unpacking, checking for damage / shortage, cleaning and erection. (viii) Commissioning tests. (ix) Warranty obligations. 3.3 LOCAL CONDITIONS 3.3.1 It will be imperative on each tenderer to fully against himself with all the local conditions and factors which would have any effect on the performance of the contract and cost of the stores. The Rlys. shall not entertain any request for clarifications from the tenderer regarding such local conditions. No request for the change of price or time schedule of completion of work on account of any local condition or factor shall be entertained after the offer is accepted. 3.3.2 The intending tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender papers are adequate and all inclusive, for the completion of works to the entire satisfaction of the Railways. 3.3.3 In the event of the tenderer desiring to have a field survey before furnishing his quotations, he may apply to Railways for permission in this regard. Such permission will be given in writing by the Rlys. but all the expenses in this regard will be born by the tenderer. 3.3.4 The intending tenderer is advised to study the tender papers carefully, any submission of a bid by the tenderer shall be deemed to have been done after a careful study and examination of these documents with full understanding of the implication thereof. These conditions and specifications shall be deemed to have been accepted unless otherwise, specifically commented upon by the tenderer in his offer. Failure to adhere to anyone of all these instructions may render his offer liable to be ignored without any reference. 3.3.5 Should a tenderer find discrepancies in, or omission from the drawing or any of the tender papers or if he has any doubt as to their meaning, he should at once notify the Rlys. Who may send a written clarification to all tenderers. 3.4 COMPLIANCE 3.4.1 Offer should be fully in accordance with the drawings and specifications. Details of variations from the drawing and specifications, if any should be clearly indicated and in such an event, a certificate from the user must be furnished to the effect that the product offered performs the requisite functions satisfactorily. The names of such user should also be indicated. 3.4.2 Tenderer should give details of supplies and the customers along with their performance certificate. 3.4.3 Should the tenderer wish to depart from the provision of the specifications and drawings on account of manufacturing practices or any reason he should clearly draw attention in his offer Signature of tenderer 22 of 43 DRM(Electrical), N.W. Railway, Jodhpur. to the proposed point of deviation and submit complete information with justification, drawing and specification to explain the related merits of his proposal vis-à-vis the stipulations laid down in tender documents for appreciation and understanding of Railways. In the absence of any such deviation it will be deemed that the tenderer is fully satisfied with the intents of specifications and drawings and shall comply the statutory provisions laid in the tender documents. The statement of deviation, if any should be given in the shape of Performa enclosed to Annexure IV. 3.5 INTEGRATION WITH EXISTING WORKS 3.5.1 The tenderer should keep in mind, visit the location of works, take due note and give proper consideration of integrating the new works (sometimes on replacement account) with the existing system. 3.5.2 The provision of equipment in all electrical installations has to be so sequenced and coordinated that due to erection, installation and commissioning of new equipment included in the scope of work of this tender, no disruption at all, is caused to the functioning of the existing system. 3.5.3 A sequenced schedule of installation, erection and commissioning of equipments should be drawn by the tenderer after visiting the site. It should be based on pragmatic assessment of Quantum of work and time schedule required completing the work. The Scheme should be submitted along side the offer as Annexure-VI entitled “Integration Scheme”. 3.5.4 Since electrical work requires shut down invariable, therefore, the tenderer should keep due Allowance in drawing the integration scheme so that the completion of work is not delayed Beyond the stipulated period of completion. 3.5.5 The rates for different items of work should i.e. quoted while keeping these aspects in view. 3.6 ELECTRIC SUPPLY 3.6.1 The contractor shall make his own arrangement for Electricity required by him for the purpose of execution of the contract. If possible Railway at its own discretion may arrange electricity for the contractor at the prevailing rate. Such arrangements will be made only at feed points from where the contractor shall arrange drawing power to the requisite location. 3.6.2 However, the Railway shall arrange the required power supply for testing and commissioning of the works completed by the contractor. 3.7 SCHEME OF WORK AND PROGRESS REPORT 3.7.1 The contractor shall within 15 days of the date of award of contract submit a BAR /PERT chart and scheme for the execution of key phases of the work such as design, procurement, manufacturing, transportation, field erection, trial operation and performance guarantee. The contractor shall indicate in the form of notes of assumptions and the basis adopted for the preparation of this BAR/PERT chart. 3.7.2 The contractor shall submit a monthly progress report detailing the actual progress made in all activities as compared to the above BAR/PERT chart. The monthly progress report shall indicate the reasons for variation if any, between schedule quantities and actual progress, the action proposed and corrective measures required wherever necessary. Signature of tenderer 23 of 43 DRM(Electrical), N.W. Railway, Jodhpur. 3.8 COORDINATION WITH OTHER AGENCIES 3.8.1 The contractor shall coordinate with other agencies like Railways consultancy contractor, if Any and another action say Civil Engineering contractors in the area and work in close Liaison with them. 3.8.2 The Electrical contractor will have to carry out his works in close coordination with Civil Engineering Contractors at all stages and avoid hold up of construction work, additional work Specially in making arrangements for fixing cable, connection, electrical equipment etc. Wherever Electrical Contractor has to make a chase in the wall or out the wall, roof etc. for Fixing electrical equipments, he can do so with permission of Railway‟s Engineer at site and Make good the disturbance nearly to the satisfaction of Railway‟s Engineer at site without any Extra cost. 3.9 CONTRACTOR TO HAVE A VALID LICENSE 3.9.1 The tenderer should furnish with his tender the particular of the license held by him. The Successful tenderer shall furnish name and particulars of certificates of competency of the Supervisors and working to be engaged for carrying out this work. 3.9.2 By Gazette notification, Government of India has appointed Chief Electrical Engineer, North Western Railway to be Electrical Inspector and has directed that he shall exercise the powers and perform the functions of Act 1910. The inspection officers for the Railways as shall nominate this contract indicated in the technical specification. 3.10 INSPECTIONS All the equipments and materials shall be of best quality and will be tested /Inspected by the Engineer or Engineer‟s representative at the Manufacturer‟s premises / Site and approved before they are installed /used in the execution of the works covered in the contract. All high value items such as H.T./L.T. Panels, Transformers, D.G.Set and Pumps Solar Systems, Air cooling Plants e.t.c. All Cables L.T. / H.T. in excess to one drum length Shall be inspected at Factory before dispatch. 3.11 CONSEQUENCE OF REJECTION 3.11.1 On the equipments/ assemblies being rejected by the inspecting officer of Rlys. at destination, the contractor shall replace such rejected equipments / assemblies of the work forthwith but in any event not later than a period of eight weeks in the case of minor equipments and sixteen weeks in the case of major equipments from the date of rejection. Contractor shall bear all the cost of such replacement including freight etc. but without being entitled to any extra time on this account. The decision as to whether the equipment is to be classifying as minor or major for the purpose of this clause shall be that of the engineer is not questionable. 3.12 COMMISIONING TESTS 3.12.1 As soon as the installation is ready for commissioning/ energization, the contractor shall arrange for all the tests/inspections as required by the relevant ISS and / or IE rules and advise the Railways. Railways shall deputes their inspecting officer for witnessing the tests and to carry out inspection independently and also jointly with other concerned adenoidal Wherever Necessary and only after the installation passes the required tests and Signature of tenderer 24 of 43 DRM(Electrical), N.W. Railway, Jodhpur. inspection it should be Commissioned / energized with the approval of Chief Elect. Inspector / or his authorized Representative. 3.13 WARRANTY 3.13.1 The contractor shall guarantee that all the equipments and works executed under this contract shall be free from all defects and faults in material, design. work station and manufacture and shall be of acceptable standards for the contracted works and ill full Conformity with the Technical specifications, drawings and other contract stipulations. 3.13.2 This warranty clause will not apply to defects arising from designs furnished or specified by the Railways for which contractor has disclaimed responsibility in writing within three months From the date of letter of acceptance or tender. 3.13.3 The contractor is not absolved for the responsibility of the successful functioning of the work Carried out the tender documents. In case the designs are appended to be inadequate for Achieving designed conditions, the tenderer should indicate the same specifically at the time of Submission offers or before giving sufficient time to Railways for taking corrective action. Once. The tenderer accepts the designs; the warranty shall be complete and extended to all Materials and equipments governed in the work. 3.13.4 This warranty shall survive not only till the acceptance of work but shall expire twelve months From the date of except in the respect of defect notified to the contractor before the expiry of the Warranty period. Any approval or acceptance by the Railway at any stage of the work Contracted shall not in any way above the contractor liability under this warranty. 3.13.5 The contractor‟s liability in respect of any complaint defects and /or claim shall be limited to the execution installation and erection of replacement parts free of charges, or the repairs of defective parts only to the extent that such replacement or repairs are attributable which arise from faulty workmanship or design of material in the manufacture of the equipment / store, and /or negligence in any manner and also in the even of failure of the equipment to perform as intended. 3.13.6 The contractor shall if required, replace, repair, execute and / or install the goods or such portion thereof as is rejected by the Railway, The contractor shall pay the railway the value thereof and such other expenditure and damage as may arise by reason of the breach of the condition, therein specified. 3.13.7 All replacement and repairs that the railway shall call upon the contractor i.e. deliver or Platform under this warranty shall be delivered and perform by the contractor within 3 Months promptly and satisfactorily. In cases where such replacements/ repairs, execution And / or installation takes place during the warranty period of the provision of the warranty Clause shall apply to that portion to replace or renew until the expiry of 12 months from the Date of such extended period shall here in after referred to as standard warranty period. 3.13.8 If any defects are not remedied satisfactorily with in the above-mentioned months, the Railway May proceed to do the work at contractor‟s risk and cost and also without a prejudice to any other rights of the contractor under the contract. 3.13.9 If the contractor so desires, the replaced parts can be taken over by him or his representative for disposal as he deems fit within a period of three months from the date of re[placements of Goods /parts .After the expiry of the period ,no claim whatsoever shall lie on Railways. 3.13.10The Railway may at it‟s discretion recover the ground rent for the goods / parts which Signature of tenderer 25 of 43 DRM(Electrical), N.W. Railway, Jodhpur. have been rejected during the warranty period for the specified period of three months by the contractor or his representative. 3.13.11The warranty herein contains shall not apply to any material which have been repaired or already by the / or on it‟s behalf in any way without the consent of the contractor so as to affect it‟s strength, performance & reliability or to any defects to any parts due to most negligence or accident and to items of normal tear & wear to be specifically. The mentioned by contractor in his offer and got accepted by the decision of the Railways in regard to contractor‟s liability and the amount, if any payable under this warranty shall be final and conclusive. 3.14 REJECTION OF TENDERS WITHOUT EARNEST MONEY 3.14.1 Tenders unaccompanied with the earnest money will be summarily rejected. Exemption is not permitted in any circumstances. 3.15 FILLING OF TENDER DOCUMENTS 3.15.1 Tender documents should be filled neatly and rates should be in words and figures. The total amount should be clearly mentioned in figures and words without any cutting, overwriting / corrections in attached schedules. 3.15.2 Tender papers issued to tenderer should be sign by them and submitted along with offer with their covering letter. 3.16 INDIRECT TAXATION 3.16.1 In the event of any new indirect taxation being imposed after the date of opening of tender and of being of such of material directly on account of such additional taxation the purchaser shall reimburse the contractor for such taxation was legally leviable and that the contractor has actually incurred the additional costs. 3.16.2 All the elements of sales tax, if any shall be considered to included in the rates quoted for various items in the schedule of quantities and rates and no extra payment in this regard shall be payable to the contractor/s 3.17 EXECUTION OF CONTRACT DOCUMENTS (AGREEMENT) 3.17.1 The successful tenderer(s) shall be required to execute an agreement with the Railway for carrying out the work according to special conditions/specifications for this work annexed to this tender & General condition of contract. 3.17.2 The tenderer/s whose tender is accepted shall be required to appear at the office of the Sr. Divisional Electrical Engineer N.W.Rly. Jodhpur in person or in case of a firm or corporation, authorized representative shall so appear and to execute the contract documents within seven days after receipt of notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the tender in which case full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies. 3.17.3 In the event of any tenderer/s whose tender is accepted refusing to execute the contract documents as herein before provided, the Rly may determine that such tenderer/s has/have abandoned the contract and thereof shall be treated as cancelled and the Rly shall be entitled Signature of tenderer 26 of 43 DRM(Electrical), N.W. Railway, Jodhpur. to forfeit the full amount of the earnest money and to recover the liquidated damages for such default. 3.18 RIGHTS OF RAILWAY TO DEAL WITH TENDERS The authority for the acceptance of the tender will rest with the Railways which does not bind itself to accept the lowest or an other tender nor does the Rly. Undertake to assign reason for declining to consider or reject any particular tender or tenders. 3.19 CONTRACTOR‟S DRAWINGS 3.19.1 Before execution of the work the contractor shall submit to the railways for approval copies of all detailed drawings which are necessary to insure correction / erection and satisfactory Performance as detailed in tender papers. 3.19.2 EXPENSES ON CONTRACTOR DRAWING etc. The contractor at his own expenses shall furnish any calculation designs, drawing schedules, Information progress charts etc. required by the purchaser‟s Engineers in connection with the Contract 3.20 RAILWAYS STORES- 3.20.1If any material which the contractors has to arrange for himself is supplied by the railways Either at the contractor‟s request in order to prevent any possible delay in execution of the Works likely to occur due to contractor‟s inability to make adequate arrangements for supply the of or otherwise, recovery will be made from contractor‟s bill at the book rata or the last Purchase rate, whichever is higher plus 5% on account of initial, freight and 2% on account of Incidental charges together with supervision charges @ 12.1% on the total cost inclusive of Material, freight and incidental charge, transportation from Railways stores to contractor‟s store / Site of work to be borne by the contractor. NOTE: - If the contractor runs short of materials and such on are available in the purchaser‟s stock the matter be supplies by the purchaser on loan to the contra who will return these on receipt of his stipulated supply. For such supplies made by purchaser charges as per para 3.20.1 will not apply. 3.21 SUB CONTRACT a) The contractor sublet a part of the works and enter into contract will suppliers for supply of material. b) The name of call sub-contractors proposed to on execution of works or any part there of include in manufacture of components and fittings shall be submitted by the contractors to the purchaser and got approved by him before the contractor enters into an agreement with the sub-contractor for the purchase. Signature of tenderer 27 of 43 DRM(Electrical), N.W. Railway, Jodhpur. c) The contractor shall however, arrange for affective supervision of sub-contractor‟s works and remain solely responsible for material supplied for works carried out on his behalf by the sub- contractors. 3.22 DEFAULT & DELAY 3.22.1 The contractor shall execute the work with due diligence and expedition keeping to the Approved time schedule should. He refuses or neglects to comply with any reasonable order Given to him in writing by the Engineer‟s representative in C/W the work or contravene the provision of the contract or the progress of work lags persistently behind the time schedule due to his neglect, the purchaser shall be at liberty to given 7 days notice in writing to the contractor required him to make good the neglect or contravention combined and should the contractor fail to comply with regulation made in the notice within seven days from the receipt there of it shall be lawful for the purchaser the wholly or in part out of the contractor‟s harish without any further reference and get the work of any part there of, as the case may be completed by other age i.e. at expense of the contractor without prejudice to any other right or remedy of the purchaser. 3.22.2 LOSS SUSTAINED DUE TO DEFAULT AND DELAY a. In the event of any loss to the purchaser on account of execution and / or completion of the work or any parts thereof by agencies other than the contractor in terms of the clause 3.22.1 the contractor shall be liable to reimburse the loss to the purchaser without prejudice to any other right and remedies of the purchaser and the case me be met at the option of the purchaser from out of all or any of the following sources viz. i) Any amount due and payable to the contractor/purchaser on any account whatsoever. ii) The contractor‟s security deposit with so far as available and iii) Any other assets, whatsoever belonging to contractor. 3.23 CONTRACTOR‟S RESPONSIBILITY FOR DISCREPENCY A) All designs and drawings submitted by the contractor shall be based on thorough study and shall be such that contractor is satisfied about their suitability. The purchaser‟s approval will be based on this consideration. Not withstanding approval communicated by purchaser during the progress of the contractor for design and drawings, proto type samples of materials after inspection of material, after erection and adjustments to installations, the ultimate responsibility for correct design and execution of work shall rest with the contractor. B) The contractor shall be responsible for and shall bear and pay the cost of any alteration Of work arising from any discrepancies, errors, omissions in the drawings and design Supplied by him, whether such design and drawings have been approved by purchaser or not. Signature of tenderer 28 of 43 DRM(Electrical), N.W. Railway, Jodhpur. 3.24 WORKS BY OTHER AGENCIES: 3.24.1 Any other works undertaken at the same time by the purchaser or the Rlys. direct or through some other agency at the same sight where the contractor is carrying out his work will not Entitle the contractor to prefer any claim, regarding any delay or hindrance he may have to face On this account. The contractor shall comply with any instructions, which may be given to him by the purchaser in order to permit simultaneous execution of his own works and of those Undertaken by the contractor or the Rlys. Without being entitled on this account to any extra Charge. 3.25 ACCESE TO WORK SITE: a) The purchaser shall afford access to the site for the purpose of this contract to the contractor at all reasonable times. In the execution of the work no person other than the contractor and bonafide workman shall give access to its. Access to the site of work at all times shall be allowed by contractor to officials or approved representative of the purchaser or to Railway staff for purpose of maintenance. b) The purchaser or his authorized representative shall have the right to refuse admission to the work site of any person employed by the contractor whom the purchaser or his Engineer may consider undesirable. c) The Engineer or his representative shall be at liberty to object to the presence of any representative or other person employed by the contractor in or about the works on the ground of misconduct, in competence or negligence, the contractor on receipt notice of such objection in writing shall forthwith remove person such so objected to and other competent person and shall not allow such person to enter the site of work subsequently. The purchaser will not be liable to any cost or damage on this account. 3.26 INSURANCE 3.26.1 The contractor shall take out and keep in force a policy or policies of insurance against all liabilities of the contractor or the purchaser at common law or under any stature in respect of accidents to person which shall be employed by the contractor in or about the site of the contractors office for the purpose of carrying out the works or the site. The contractor shall also take out and keep in force a policy or policies of insurance against all recognised risks to their offices and depot such insurance shall in all respects be to be approval of the purchase and if he so requires in his name. 3.26.2 INSURANCE OF MATERIALS & INSTALLATIONS The contractor shall take out and keep in for a policy or policies or insurance for all materials in storage, under erection and/or erected until such materials are provisionally handed over to the purchaser. For this purpose the materials shall be itemed to have been provisionally handed over when provisional acceptance certificate is issued as per clause 3.28.1. The contractor shall not be liable for losses or damages to equipments erected, in the course of erection or in stores at the contractor‟s depot in absence of mutiny or other similar causes over which the contractor has no control and which cannot be insured, be made food by the contractor at the cost of the purchaser. Signature of tenderer 29 of 43 DRM(Electrical), N.W. Railway, Jodhpur. The contractor should however, insure the material brought to site against risks in consequence of war and invasion as required under the emergency risks (goods) Insurance Act 1962 from time to time. The amount of such insurance premium paid by the contractor will be reimbursed to him by the purchaser on admission of bills in proof of payment of such insurance premium. NOTE: The insurance premium under the emergency risks (Goods) insurance Act, 1962, are reimbursable to the contractor only for the premium paid by him and not for any premium paid any for his sub-contractor. The contractor shall have insurance covered construction with the contract with the Insurance Corporation of India only. The contractor‟s liability to meet 3rd party claims of the type outlined above will be applicable only in case where accidents have been caused by bad design, workmanship materials or negligence on the part of the contractor and further the liability of the contractor will be limited as per provision of law for any one accident. The contractor shall be responsible for all repairs and rectification damage to the plant erected or under erection due to accidents or any other cause until the plant is provisionally handed over to the purchaser. 3.27 PENALTY FOR DELAY IN COMPLETION a) If the contractor fails to execute and complete the work within time specified in the agreement or with the period of extension granted except in so far that the delay is on the purchaser‟s account, the contractor shall accept reduction in the total amount payable to him and the purchaser at the rate ½ per week of the contractor the actual delay occurred and until the work shall been completed under the contract on such reduction be accepted by the purchaser in full satisfaction contractor‟s liability arising from delay only. The Engineer shall at his sole discretion specify at within which the unfinished portion of the work shall be completed. In the event of failure of the contractor, the purchaser shall be at liberty to take action in accordance with provision in clause 62 of General Conditions of Contract, 1989. b) EXTENSION OF TIME: - If aforesaid shall have arisen from any cause, which the purchaser may admit as being a reasonable ground for extension of time, the purchaser shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstance of the case. c) Tests as required under the specifications shall be carried out by the contractor in the presence of the purchaser of his representative as soon as possible after commissioning, any other additional test which the purchaser may prescribe for testing the satisfactory operation of the plants shall be carried out by the contractor at his own expense. Necessary electrical power required in c/w the test will be supplied free of any charges by the purchaser. The contractor shall submit six copies of the test results to the purchaser for acceptance. The contractor shall also submit six copies of the manufacturer‟s test certificate for equipments such as motor, cables etc. d) Should the result of the test not be satisfactory, an extension of one month will be granted to the contractor to make good the defects and deficiencies pointed out by the purchaser. A fresh test will then be carried out after the contractor has attended to the defects and deficiencies. If these do not yield satisfactory results, the purchaser may proceed at the contractor‟s expense, by all means as deemed expedient to have installation, approver drawings and design. Signature of tenderer 30 of 43 DRM(Electrical), N.W. Railway, Jodhpur. e) In such a case or in case of delay in completion of the work under this contract within the time limit, the purchaser reserves the right to get the work completed by contractor as per provisions of contract. The purchaser will give to the contractor for this purpose 7 days previous notice. The contractor shall then take at his own expanse, all necessary steps to complete the work in accordance with the. Provision of the contract. In case, it becomes impossible to proceed with the above mentioned taking over tests, for reason other than for which the contractor is responsible, the provisional “Acceptance Certificate” shall be issued after within a mutually agreed reasonable period not exceeding 6 months after completion of the work. 3.28 DEFECTIVE EQUIPMENTS TO BE REPLACED 3.28.1 Not withstanding the issue of a provisional acceptance certificate and partial or full use of any Equipment if the complete plant or any portion there of, before it is finally taken over at the end of the guarantee period, found to be or to have become defective in course of usage by the Railways due to faulty material, Design or workmanship or to otherwise to fulfill the Requirement of the contract and its purpose, the purchaser shall normally give the contractor Prompt notice setting the particulars of such defects or failure and the contractor shall rectify The defects or modify or replace the equipment as may be directed by the purchaser‟s Engineer at the own cost in all respect to make it comply satisfactory with the said notice upon Him or should time not permit of service of such notice the purchaser may repair or reject, replace the whole or part of such defective equipment, as the case may be at the cost of the contractor. The contractor‟s full liability under this clause shall be satisfied by the payment to the Purchaser of the extra total cost any of such replacement delivery and erected as provided for In the original contract. Such defective equipment within a reasonable time, the contractor‟s liability under this clause shall be satisfied by the repayment by the contractor of all moneys Paid by the purchaser to him in respect of such rejected Equipment. Rejected / defective Material shall be returned to the contractor to the extent Possible. 3.29 FINAL ACCEPTANCE a) The final acceptance of the entire plant shall take effect from the date of expiration of the period of guarantee as defined in clause 3.13 provided the installation provisionally accepted are still in perfect working order b) If on the other hand the installations are not perfect working order at the end of the guarantee the purchaser may either extend the period of guarantee until necessary works are carried out by the contractor carrying out these works or have them carried out on behalf of the contractor and at his expense. A certificate of final acceptance shall then be issued by the purchaser, which will determine the contract. 4.0 PARTNERSHIP DEEDS POWER OF ATTORNEY etc. The tenderer/s shall clearly specify whether the tender is submitted on his own behalf or on behalf of the partnership concern. If the tender is submitted on behalf of the partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign. The tender documents not enclosed along with the partner ship deed, will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer by changes in the composition of the firm made subsequent to the executing of the contract. may, however, recognize such power of attorney and changes after obtaining proper legal advise, the cost of which will be chargeable to the contractor, these charges have been fixed at Rs.100/- payable by the tenderer at the time of submitting the power of attorney for scrutiny and legal advise. Signature of tenderer 31 of 43 DRM(Electrical), N.W. Railway, Jodhpur. If the power of attorney is not accepted, otherwise than for legal defect, the charges will be refunded. If the power of attorney is returned on account of legal defect for correction Separate charges of Rs.50/- for scrutiny of corrected power of attorney will be payable by the tenderer while resubmitting power of attorney. The same charges will be recoverable for scrutiny of all documents. No power of attorney in favour of an individual person will be accepted if it is irrecoverable except when it is in favour of bank. In case, where the power of attorney partnership deed has not been executed in English, the true And authenticated copies of the translation of the same by advocate, authorized translation of ourts and licensed petitions writers should be supplied by the contractor/while tendering for the work. 5.0 FORCE MEASURES If at any time during the continuance of this contract, the performance, in whole or in part by either party, of any obligation under this contract shall be prevented or delayed by reasons of any war, hospitality acts of the public enemy, Civil commotion, sabotage, fires, floods, explosions, equiplemics, quarantine restrictions, strike, lockout, any stature, statutory rules, regulations order or requisitions issued by any government department or competent authority or acts of God (hereinafter referred to as Event) then provided notice of the Happening of any such event given by either party to the other within twenty- one days, from the date of occurrence thereof neither party shall have any claim for damages against the other in respect of such non-performance or delay in performance in obligations under the contract and shall be resumed as soon as practicable after such event has come to an end or ceased to exist provided further that if the performance in whole or part of any obligation this contract is prevented or delayed by reason of any such event beyond period as mutually agreed to by the purchaser and the contractor after any event or 60 days in the absence of such an agreement whichever is more either party may at its option terminate under this clause, the purchaser may at the time of such termination t k bver from the contractor at prices as provided for in the contract all erected equipment or equipments under the erection as also all or any portion of unused, underraged and acceptable equipments whether storage or in the course 0f manufacturing. 6.0TENDER DOCUMENTS ARE NOT TRANSFERABLE (a)No unsealed tender or tenders without the deposit receipt will be accepted. (b)The tenderer should quote rates in figures as well in words rates of tenders should be inclusive of all taxes and levies etc. If there is any variation between rates quoted in figures and in words, the rate quoted in words will be taken as correct. If more than or improper rates are tendered for the same item the tender is liable to be rejected. (c)Income Tax 2% & 15% surcharge thereon will be recovered. (d)The tender is governed by General condition of contract. 7.0 EMPLOYMENT PARTNERSHIP ETC. FOR RETIRED RLY EMPLOYEES Should tenderer be retired engineer of the gazetted rank or any other gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pension able post or not in the electrical department of any of the Rly. owned and administered by the President of India or the time being, or should a tenderer/being partnership firm have as one of its partners a retired Engineer or retired gazetted officer as aforesaid, or should a tenderer being as incorporated company have such retired Engineer or retired officer as one or its Director should a tenderer have in his employment any retired Engineer or retired gazzeted officer as aforesaid, the full information As to the date of retirement of such Engineer or gazetted officer from the said services and in case when such Engineer or officer has not retired from Government service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract or if the contractor be partnership firm or an incorporated company to become partner or Director as the case may be or to Signature of tenderer 32 of 43 DRM(Electrical), N.W. Railway, Jodhpur. take employment under the contractor has been obtained by the tenderer or the Engineer or officer as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. (a) Should a tenderer or contractor on the list of approved contractors have relative or relatives, or in the case of firm or company of contractors one or more of his share holder or relative or relatives of the share holders, employed in gazetted capacity in the Electrical Department of North Western Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified or 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. (b)The tenderers whether a sole proprietor a limited company or a partnership firm if they want to act through agent or individual partner/s should submit along with the 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/s of the firm or any other person specifically authorizing him/them to submit the tender sign the agreements, received money, witness measurements, sign measurement books, compromise, settle, relinquish any claim or claims preferred by the firm and sign, “No” claim certificate refer all or any disputes to arbitration. ( c ) Tenders without the information above reference to or a statement to the effect that no such retired engineer or retired gazetted officer is so associated with the tenderer, the tenderer, as the case may shall be rejected. Signature of tenderer 33 of 43 DRM(Electrical), N.W. Railway, Jodhpur. ANNEXURE - I Please see caluse No. 1.11.6 of section “ I ” QUALIFICATION EXPERIENCE S/N Name Of Party To Schedule of Period of Cost of work Remarks The work whom The Execution in Months Work has ------------|-------------- assigned Original | Modified Signature of tenderer 34 of 43 DRM(Electrical), N.W. Railway, Jodhpur. ANNEXURE - II STATEMENT OF DEVIATIONS 1 The following are the particulars of deviations from the requirements of the preamble and general Instructions to the tenderer , General & special conditions of the Contract ( Part – I ) 1.1 Preamble and general Instructions to the tenderer ( Section -I ) S/N CLAUSE DEVIATION REMARKS INCLUDING JUSTIFICATION 1.2 General conditions of Contract ( Section - II ) S/N CLAUSE DEVIATION REMARKS INCLUDING JUSTIFICATION 1.3 Special conditions of Contract ( Section - III ) S/N CLAUSE DEVIATION REMARKS INCLUDING JUSTIFICATION Following are the particulars of from the requirements of technical Specifications (Part II) 2.1 S/N CLAUSE DEVIATION REMARKS INCLUDING JUSTIFICATION Note Where there is no Deviation the Statement should be returned duly signed with Endorsement “NO DEVIATION” Signature of tenderer 35 of 43 DRM(Electrical), N.W. Railway, Jodhpur. ANNEXURE -III CHECK LIST 1.0 The Tenderer should indicate clearly replies against items included in the check list 1.1 Have You S/No DETAILS REMARKS 1.1.1 Purchased The Tender documents? YES / NO 1.1.2 Furnished rates against the quantities in the prescribed YES / NO pro-forma as per schedule of work? 1.1.3 Submitted the Earnest money deposit / Bid Bond ? YES / NO 1.1.4 Furnished the details of previous experience for YES / NO installation of similar kind / Annexure – III ? 1.1.5 Submitted the statement of deviation Annexure II ? YES / NO 1.1.6 Quoted the accessories and essential spares.? YES / NO 1.1.7 Furnished your ITCC ? YES / NO 1.1.8 Quoted the Period Of completion Correctly ? YES / NO 1.1.9 Kept your offer valid for 90 days ? YES / NO 1.1.10 Visited the site and have studied the methodology to be YES / NO adopted for completion of work ? 1.1.11 Submitted the integration scheme Annexure ? YES / NO 1.1.12 Submitted the Bar /Pert chart Annexure ? YES / NO 1.1.13 Submitted the scheme of completion of work. Annexure . YES / NO Signature of tenderer 36 of 43 DRM(Electrical), N.W. Railway, Jodhpur. ANNEXURE -IV TENDERER „S SCHEME OF WORK 1. Submission of design and drawing by Contractors 2. Approval of Design and drawing by The railways. 3. Order of Material. 4. Receipt of Material. 5. Erection of Equipment Phase -I . 6. Erection of Equipment Phase -I I. 7. Erection of Equipment Phase -I I I. 8 Testing & Commissioning. 9. Acceptance by railways. SPECIAL NOTE FOR TENDERER/S (To be attached in Tender and agreement document.) Sub:- Employment of Graduate/Diploma Holder Engineers during executions of the contract work. Ref:- Railwlay Board letter No.81/WI/CT/16 dtd. 8.3.1983. ************ Tenderer/s to please note that they will have to employ Graduate/Diploma holder engineers for execution of contract as given below:- All contracts costing above Rs.15 lacs Graduate Engineers shall be employed 1. All contracts costing above Rs.5 lacs and below Rs.15 lacs Diploma Engineers shall be employed.The contractors failing to comply these instructions, would be liable to pay a reasonable amount not exceeding a sum:- (a) Rs.2000/- for each month of default in case of graduate Engineers. (b) Rs.1000/- for each month of default in case of Diploma Engineer. DETAILS OF THE STAFF WORKING UNDER CONTRACTOR S/No NAME DESIGNATION QUALIFICATION EXPERIENCE Signature of tenderer 37 of 43 DRM(Electrical), N.W. Railway, Jodhpur. PROFORMAFOR EMPLOYMENT OF GRADUATE/DIPLOMAENGINEERS AT THE START OF WORK. (To be attached to all tender and Agreement Document) Sub: - Employment of Graduate/Diploma Holder Engineers during Executions of the contract work. Ref:- 1) Contract Agreement No.__________________ 2) Total cost of contracts Rs.___________ ********** It is certified that we have employed the Graduate Engineer/Diploma Engineer with effect from_____________________ for execution of contract work of above contract. Authorized signature of Contractor:- Rubber stamp of contractor Signature of tenderer 38 of 43 DRM(Electrical), N.W. Railway, Jodhpur. NORTH WESTERN RAILWAY Tender No.18 of 09-10 Name of Work: Replacement of Single phase electronic Energy meter (KWH) in place of conventional KWH Meters for staff quarters over Jodhpur division. To The President of India, Acting through the: Sr Divisional Electrical Engineer North Western .Railway. Jodhpur. 1. I/We …………………………………………… have read the various conditions to tender attached here to and hereby agree to abide the said conditions, I/We also agree to keep the tender open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our earnest money. I/We offer to do the work for North Western Railway at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in 06 Months. from the date of issue of letter of acceptance of tender. I/we also hereby agree to abide by general and special conditions of contract and to carry out the work according to the specification for material and work and laid down by the Railway for the present contract. 2. A sum of Rs. 28,410/- 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 document within seven days after receipt of notice issued by Railway that such documents are ready. OR (b) I/We do not commence the work within ten days after receipt of orders to that effect. 3. Untill a agreement is prepared and executed acceptance of this tender shall constitute binding contract between us subject to modification, as may be mutually agree to between us and indicated in the letter of acceptance of my/our offer of this work. Signature of tenderer 39 of 43 DRM(Electrical), N.W. Railway, Jodhpur. NOTE 1. PLEASE NOTE: Failure to submit the above from duly filled in and signed will be treated as incomplete offer and liable to be summarily rejected. 2(a). Single person trading under his own name should sign his name in full. 3(a) Single person trading under firms name should first write the firms name and than underneath his own name in fulls with a declaration that it is sole proprietary firm. 4. In case of a firm of more than one person the names of the partners must be filled as above and tender signed by one of the partners who should sign first, the firm‟s name and than underneath his own name in full indicating that he signed as a partner. 5. In the case where the tender is signed by a person as partner of the firm for and on behalf of the proprietor or other partners of the firm, the tender under takes the whole responsibility in rest of authority in favour of such person as are referred to above to sign the tender amount and to bind the firm and he shall produce power of attorney issued in favour of the signatory if and when called upon. 6. Person tendering must specify their business name and the constitution of their firm. 7. In case of limited company, one of the director or a manager duly empowered should sign thus. Signature of tenderer 40 of 43 DRM(Electrical), N.W. Railway, Jodhpur. JV can be considered as per CE‟s Railway Board‟s letter No. 2002/CE-I/CT/37 dt. 2.9.08 & HQ. Office letter No. W/-374/0/1/Policy dt. 11.9.08 as under:- GUIDELINES FOR PARTICIPATION OF JOINT VENTURE FIRMS IN WORKS TENDER 1. Separate identity/name shall be given to the Joint Venture Firm. 2. Number of members in a JV firm shall not be more than three if the work involves only one department (say Civil or S&T or Electrical) and shall not be more than five if the work involves more than one department. 3. A member of JV firm shall not be permitted to participate either in individual capacity or as a member of another JV firm in the same tender. 4. The tender form shall be purchased and submitted only in the name of the JV firm and not in the name of any constituent member. 5. Normally EMD shall be submitted only in the name of the JV and not in the name of constituent member. Hoverer, in exceptional cases EMD in the name of lead partner can be accepted subject to submission of specific request letter from lead partner stating the reasons for not submitting EMD in the name of JV and giving written confirmation from the JV partners to the effect that the EMD submitted by the lead partner may be deemed as EMD submitted by JV firm. 6. One of the members of the JV firm shall be the lead member of the JV firm who shall have a majority (at least 51%) share of interest in the JV firm. The other members shall have a share of not less than 20% each in case of JV firms with upto three members and not less than 10% each in case of JV firms with more than three members. In case of JV firm with foreign member(s), the lead member has to be an Indian firm with a minimum share of 51%. 7. A copy of Memorandum of Understanding (MOU) executed by the JV members shall be submitted by the JV firm along with the tender. The complete details of the members of the JV firm, their share and responsibility in the JV firm etc. particularly with reference to financial technical and other obligations shall be furnished in the MOU. (The MOU format for this purpose shall be finalized by the railway in consultation with their law branch and shall be enclosed along with the tender). 8. Once the tender is submitted, the MOU shall not be modified/altered/terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited. In case of successful tenderer, the validity of this MOU shall be extended till the currency of the contract expires. 9. Approval for change of constitution of JV firm shall be at the sole discretion of the Employer (Railways). The constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV firm except when modification becomes inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. In any case the Lead Member should continue to be the Lead Member of the JV firm. Failure to observe this requirement would render the offer invalid. 10. Similarly, after the contract is awarded, the constitution of JV firm shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions. 11. On award of contract to a JV firm, a single Performance Guarantee shall be required to be submitted by the JV firm as per tender conditions. All the Guarantees like Performance Signature of tenderer 41 of 43 DRM(Electrical), N.W. Railway, Jodhpur. Guarantee, Bank Guarantee for Mobilization advance, machinery Advance etc. shall be accepted only in the name of the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted. 12. On issue of LOA, an agreement among the members of the JV firm (to whom the work has been awarded) has to be executed and got registered before the Registrar of the Companies under Companies Act or before the Registrar/ Sub-Registrar under the Registration Act, 1908. This agreement shall be submitted by the JV firm to the Railways before signing the contract agreement for the work. (This agreement format should invariably be part of the tender condition). In case the tenderer fails to observe/ comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be taken against partners of the JV and the JV. This joint venture agreement shall have, inter-alia, following clauses: Joint and several liability- The members of the JV firm to which the contract is awarded, shall be jointly and severally liable to the Employer (Railways) for execution of the project in accordance with General and Special conditions of the contract. The JV members shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contact or due to non execution of the contract or part thereof. Duration of the Joint Venture Agreement- It shall be valid during the entire currency of the contract including the period of extension if any and the maintenance period after the work is completed. Governing Laws- The Joint Venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws. 13. Authorized Member- Joint Venture members shall authorize one of the members on behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender/contract. All notices/correspondences with respect to the contract would be sent only to this authorized member of the JV firm. 14. No member of the Joint Venture firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the employer (Railways) in respect of the said tender/contract. 15. Documents to be enclosed by the JV firm along with the tender: In case one or more of the members of the JV firm is/are partnership firm(s), following documents shall be submitted: (a) Notary certified copy of the Partnership Deed. (b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of appropriate value (in original). (c) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to sign the MOU and JV Agreement on behalf of the partners and create liability against the firm. In case one or more members is/are Proprietary Firm or HUF, the following documents shall be enclosed: Affidavit on Stamp Paper of appropriate value declaring that his concern is a Proprietary Concern and he is sole proprietor of the Concern OR he is in position of "KARTA" of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF. In case one or more members is/are limited companies, the following documents shall be submitted: (a) Notary certified copy of resolutions of the Directors of the Company, permitting the company to enter into a JV agreement, authorizing MD or one of the Directors or Managers Signature of tenderer 42 of 43 DRM(Electrical), N.W. Railway, Jodhpur. of the Company to sign MOU, JV Agreement, such other documents required to be signed on behalf of the Company and enter into liability against the company and/or do any other act on behalf of the company. (b) Copy of Memorandum and articles of Association of the Company. (c) Power of Attorney (duly registered as per prevailing law) by the Company authorizing the person to do/act mentioned in the para (a) above. All the members of the JV shall certify that they have not been black listed or debarred by Railways or any oher Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract in the past either in their individual capacity or the JV firm or partnership firm in which they were members/partners. 16. Credentials & Qualifying criteria: Technical and financial eligibility of the JV firm shall be adjudged based on satisfactory fulfillment of the following criteria: 16.1 Technical eligibility criteria: Either the JV firm or any one of the members of the JV firm must have satisfactorily completed in the last three previous financial years and the current financial year up to the date of opening of the tender, one similar single work for a minimum value of 35% of advertised tender value. OR In case of composite works (e.g. works involving more than one distinct component such as Civil Engineering Works, S&T works, Electrical works, OHE works etc. and in the case of major bridges, substructure and superstructure etc.), at least 35% of the value of each such component of similar nature should have been satisfactorily completed by the JV firm or any one of the members of the JV firm in the previous three financial years and the current financial year up to the date of opening of tender. In such cases, what constitutes a component in a composite work shall be clearly defined as part of the tender condition without any ambiguity. NOTE: Value of a completed work done by a Member in an earlier partnership firm or a JV firm shall be reckoned only to the extent of the concerned member's share in that partnership firm/JV firm for the purpose of satisfying his compliance of the above mentioned technical eligibility criteria in the tender under consideration. 16.2 Financial eligibility criteria: The contractual payments received by the JV firm or the arithmetic sum of contractual payments received by all the members of JV firm in the previous three financial years and the current financial year up to the date of opening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender. NOTE: Contractual payment received by a Member in an earlier JV firm shall be reckoned only to the extent of the concerned member's share in that JV firm for the purpose of satisfying compliance of the above mentioned financial eligibility criteria in tender under consideration. Signature of tenderer 43 of 43 DRM(Electrical), N.W. Railway, Jodhpur.