TD 1-200
TD 1-200
CENTRAL RAILWAY
CONSTRUCTION ORGANISATION
Engineering Department
START OF TENDER DOCUMENT
TENDER DOCUMENT / TECHNICAL BID
e-Tender Notice No. & Dy.CE© PA/2023-24/04
:
Date
Supply,fabrication and launching of composite girder for
major br.no.37/1 including casting of deck slab, trolley
: refuge, railing, bearings and other allied works in between
Name of work
SHIV-ABLE block section in connection with Pune-Miraj
doubling project
:
Tender Value Rs.22,58,24,797/-1,69,57,884.30/-
:
Tender Document Cost Not Applicable ( As per GCC Clause no.3 )
:
Earnest Money Deposit As per NIT of IREPS
:
Completion period 6( Six ) Months
Signature Not
Verified
Digitally signed by
SACHIN KUNDLIKRAO
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MUNGASE
Date: 2023.08.23
15:49:08 IST
Reason: IREPS-CRIS
Location: New Delhi
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11 General 185
15 Reinforcement 203
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2. (a) Initial e-RA period: This shall be the initial time interval for e-RA. e-RA shall
be open for this duration.
(b) Auto extension period: In case any offer is received in the time period equal
to auto extension period before close of initial e-RA shall be extended for time
equal to auto extension period from time to time of last bid. There shall be no
upper limit on number of auto extensions. When no offer is received in the last
auto extension period, e-RA shall close.
(c) Minimum decrement in percentage of value of the last successful bid.
3. Date and time for start of e-RA shall be communicated to qualified tenderers after
evaluation of the Technical Bids.
4. After submission of Initial Price Bid, tenderers will not be allowed to revise the
taxes and other levies.
5. During auction period, identities of the participating tenderers will be kept hidden.
6. Minimum admissible bid value will be last bid value minus minimum decrement as
specified, before starting of reverse auction. Staring point for reverse auction shall
be the lowest Price Bid of the tenderer eligible for award of contract. During
Reverse Auction process, bidders shall not be allowed to bid a rate higher than the
lowest Initial Price Offer.
7. After close of the e-RA, tabulation of last (minimum) bids received from all the
tenderers will be generated and made visible to the participating tenderers.
8. Railway users can also view the bidding history in chronological order.
10. L-1 will be defined as the lowest bid obtained after the closure of e-RA session.
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ACCEPTANCE OF TENDER
*****
CE(Const.)(S)/CSMT
CENTRAL RAILWAY
For and on behalf of the
PRESIDENT OF INDIA
Date …………………………….
Witnesses:
(1) ---------------------------------------------------
(2) --------------------------------------------------
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SECTION
TENDER INFORMATION;
Indian Railways
Standard
General Conditions of Contract
GCC APRIL 2022
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PART I
Instructions to Tenderers (ITT)
1.0 Applicability: These instructions andconditions of contract shall be applicable for
all the tenders and contracts of railways for execution of ‘Works’ as defined in GFR 2017.
1.01 Order of Precedence of Documents: In a contractagreement, in case of any
difference, contradiction, discrepancy, with regard to conditions of tender/contract,
specifications, drawings, Bill(s) of Quantities etc., forming part of the tender/contract, the
following shall be the order of precedence:
i. Letter of Award/Acceptance(LOA)
ii. Bill(s) of Quantities
iii. Special Conditions of Contract
iv. Technical Specifications as given in tender documents
v. Drawings
vi. Indian Railways Standard General Conditions of Contract updated with correction
slips issued up to date of inviting tender or as otherwise specified in the tender
documents.
vii. Indian Railways Unified Standard Specification (IRUSS-2019) updated with
correction slips issued up to date of inviting tender or as otherwise specified in the
tender documents, if applicable in the contract.
viii. CPWD Specifications 2019 Vol I & II updated with correction slips issued up to
date of inviting tender or as otherwise specified in the tender documents, if
applicable in the contract.
ix. Indian Railways Unified Standard Specifications (Works and Material) 2010
updated with correction slips issued up to date of inviting tender or as otherwise
specified in the tender documents, if applicable in the contract.
x. IR Specifications/Guidelines updated with correction slips issued up to date of
inviting tender or as otherwise specified in the tender documents.
xi. Relevant B.I.S. Codes updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
1.1 Interpretation: These Instructions to Tenderers shall be read in conjunction with
the Standard General Conditions of Contract which are referred to herein and shall be
subject to modifications additions or suppression by Special Conditions of Contract and/or
Special Specifications, if any, annexed to the Tender Forms.
1.2 Definition: In these Instructions to Tenderers,the following terms shall have the
meanings assigned hereunder except where the context otherwise requires:
(a) “Railway” shall mean the President of the Republic of India or the administrative
officers of the Railway or Successor Railway authorized to deal with any matter, which
these presents are concerned on his behalf.
(b) “General Manager” shall mean the Officer-in-Charge of the general superintendence
and control of the Zonal Railway/Production Unit and shall also include Addl. General
Manager, General Manager (Construction) and shall mean and include their successors of
the Successor Railway.
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(c) “Chief Engineer” shall mean the Officer-in-Charge of the Engineering Department of
Railway and shall also include Chief Engineer (Construction), Chief Electrical Engineer,
Chief Electrical Engineer (Construction), Chief Signal & Telecom Engineer, Chief Signal
& Telecom Engineer (Construction), Chief Mechanical Engineer and shall mean and
include their successors of the Successor Railway.
(d) “Divisional Railway Manager” shall mean the Officer-in-Charge of a Division of
Zonal Railway and shall mean and include Divisional Railway Manager of the Successor
Railway.
(e) “Engineer” shall mean the Divisional Engineer or Executive Engineer, Divisional
Signal & Telecom Engineer, Divisional Electrical Engineer, Divisional Mechanical
Engineer in executive charge of the works and shall include the superior officers, both
Open Line and Construction Organisations, of Engineering, Signal & Telecom,
Mechanical and Electrical Departments, i.e. the Senior Divisional Engineer/Deputy Chief
Engineer, Senior Divisional Signal & Telecom Engineer / Dy. Chief Signal & Telecom
Engineer, Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer,
Senior Divisional Mechanical Engineer and shall mean & include the Engineers of the
Successor Railway.
(f) “Tenderer” shall mean the person / firm / co-operative or company whether
incorporated or not who tenders for the works with a view to execute the works on
contract with the Railway and shall include their representatives, successors and permitted
assigns.
(g) “Limited Tenders” shall mean tenders invited from all or some contractors on the
approved or select list of contractors with the Railway.
(h) “Open Tenders” shall mean the tenders invited in open and public manner and with
adequate notice.
(i) “Works” shall mean the works contemplated in the drawings and Bill(s) of Quantities
set forth in the tender forms and required to be executed according to the specifications.
(j) “Specifications” shall mean the Specifications for Materials and Works of the Railway
as specified under the authority of the Ministry of Railways or Chief Engineer or as
amplified, added to or superseded by special specifications if any, appended to the Tender
Forms.
(k) Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by the
Railway, which includes-
1. “Unified Standard Schedule of Rates of the Railway (USSOR)” i.e. the Standard
Schedule of Rates of the Railway issued under the authority of the Chief Engineer
from time to time, updated with correction slips issued up to date of inviting tender or
as otherwise specified in the tender documents;
2. “Delhi Schedule Of Rates (DSR)” i.e. the Standard Schedule of Rates published by
Director General/ Central Public Works Department, Government of India, New
Delhi, as adopted and modified by the Railway under the authority of the Chief
Engineer from time to time, updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
(l) “Drawings” shall mean the maps, drawings, plans and tracings, or prints thereof
annexed to the Tender Forms.
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Note:
(i) The Bid Security shall be rounded off to the nearest ₹100. This Bid
Security shall be applicable for all modes of tendering.
(ii) Any firm recognized by Department of Industrial Policy and
Promotion (DIPP) as ‘Startups’ shall be exempted from payment of
Bid Security detailed above.
(iii) Labour Cooperative Societies shall submit only 50% of above Bid
Security detailed above.
(b) It shall be understood that the tender documents have been 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 Bid Security mentioned in sub para (a)
above will be retained as part security for the due and faithful fulfillment of
the contract in terms of Clause 16 of the Standard General Conditions of
Contract. The Bid Security of other Tenderers shall, save as herein before
provided, be returned to them, but the Railway shall not be responsible for
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any loss or depreciation that may happen thereto while in their possession,
nor be liable to pay interest thereon.
(2) The Bid Security shall be deposited either in cash through e-payment
gateway or submitted as Bank Guarantee bond from a scheduled commercial
bank of India oras mentioned in tender documents. The Bank Guarantee bond
shall be as per Annexure-VIA and shall be valid for a period of 90days
beyond the bid validity period.
(3) In case, submission of Bid Security in the form of Bank Guarantee,
following shall be ensured:
i. A scanned copy of the Bank Guarantee shall be uploaded on e-Procurement
Portal (IREPS) while applying to the tender.
ii. The original Bank Guarantee should be delivered in person to the official
nominated as indicated in the tender document within 5 working days
before closing date for submission of bids. (ACS 2 ).
iii. Non submission of scanned copy of Bank Guarantee with the bid on e-
tendering portal (IREPS) and/or non submission of original Bank
Guarantee within the specified period shall lead to summary rejection of
bid.
iv. The Tender Security shall remain valid for a period of 90 daysbeyond the
validity period for the Tender.
v. The details of the BG, physically submitted should match with the details
available in the scanned copy and the data entered during bid submission
time, failing which the bid will be rejected
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed.
The envelope shall clearly bear the identification “Bid for the *****
Project” and shall clearly indicate the name and address of the Bidder. In
addition, the Bid Due Date should be indicated on the right hand top corner
of the envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in
the tender document.
viii. If the envelope is not sealed and marked as instructed above, the
Authority assumes no responsibility for the misplacement or premature
openingof the contents of the Bid submitted and consequent losses, if
any, suffered bythe Bidder.
6. Care in Submission of Tenders:
(a) (i) Before submitting a tender, the tenderer will b(e 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 forms are
adequate and all inclusive to accord with the provisions in Clause-37 of
the Standard General Conditions of Contract for the completion of works
to the entire satisfaction of the Engineer.
(a)(ii) Tenderers will examine the various provisions of The Central Goods and
Services Tax Act, 2017(CGST)/ Integrated Goods and Services Tax Act,
2017(IGST)/ Union Territory Goods and Services Tax Act,
2017(UTGST)/ respective state’s State Goods and Services Tax Act
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7B. Pre Bid Conference: Intenders having advertised value more than Rs 50 Crore oras
mentioned in the tender document, Railway shall conduct Pre Bid Conference(s) with the
prospective bidders.
7C. Make in India Policy:Provisions of Make in India Policy 2017 issued by Govt. of
India, as amended from time to time, shall be followed for consideration of tenders.
7D. Permission to Bid for a bidder from a country which shares Land boundary with
India: Any bidder from the countries sharing a land border with India will be eligible to
bid in any procurement of works (including turnkey projects) only if the bidder is
registered with the Competent Authority. The Competent Authority for registration will be
the Registration Committee constituted by the Department for Promotion of Industry and
Internal Trade (DPIIT), Government of India. For interpretation of this para, Department
of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD
dated 23/07/2020 shall be referred.
7E. Clarification of Bids:To assist in the examination, evaluation & comparison and pre-
qualification of the Tender, the Railway may, at its discretion, ask any Bidder for a
clarification of its Bid. Any clarification submitted by a Bidder that is not in response to a
request by the Railway shall not be entertained or considered. The Railway request for
clarification and the response of the bidder in this regard shall be in writing.
However, if a Bidder does not provide clarificationof its bid by the date and time
communicated in the Railway request for clarification, the bid shall be evaluated as per the
documents submitted alongwith the bid.
8. Execution of Contract Document: The Tenderer whose tender is accepted shall
be required to appear in person at the office of General Manager/General Manager
(Construction), Chief Administrative Officer (Construction), Divisional Railway Manager
or concerned Engineer, as the case may be, or if tenderer is a firm or corporation, a duly
authorized representative shall appear (there would be no need for appear in person if
agreement is signed digitally) and execute the contract agreement within seven days of
notice from Railways that the Contract Agreement is ready. Failure to do so shall
constitute a breach of the agreement affected by the acceptance of the tender. The Contract
Agreement shall be entered into by Railway only after submission of valid Performance
Guarantee by the Contractor. In such cases the Railway may determine that such tenderer
has abandoned the contract and there upon his tender and acceptance thereof shall be
treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Bid
Security and other dues payable to the Contractor under this contract. The failed
Contractor shall be debarred from participating in the re-tender for that work.
9. Form of Contract Document: Every contract shall be complete in respect of the
document it shall so constitute. Not less than 2 copies of the contract document shall be
signed by the competent authority and the Contractor and one copy given to the
Contractor(there would be no need of signing two copies if agreement is signed digitally).
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(a) For Zone Contracts, awarded on the basis of the percentage above or below the
applicable chapter(s) of Standard Schedule of Rates (SSOR) for the whole or part of
financial year, the contract agreement required to be executed by the tenderer whose
tender is accepted shall be as per specimen form, Annexure-II. During the currency of the
Zone Contract, work orders as per specimen form Annexures-III, for works not exceeding
₹ 5,00,000 each, shall be issued by the Divisional Railway Manager / Executive Engineer
under the agreement for Zone Contract.
(b) For contracts for specific works, the contract document required to be executed by
the tenderer whose tender is accepted shall be an agreement as per specimen form
Annexure- IV.
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ANNEXURE - I
____________ RAILWAY TENDER FORM (First Sheet)
Tender No. ____________________
Name of Work ___________________________________________________
To
The President of India
Acting through the _____________________________ Railway
I/We ____________________ have read the various conditions to tender attached
hereto and agree to abide by the said conditions. I/We also agree to keep this offeropen
for acceptance for a period of ________ days from the date fixed for closing of the tender
and in default thereof, I/We will be liable for forfeiture of my/our “Bid Security”. I/We
offer to do the work for _______ Railway, at the rates quoted in the attached bill(s) of
quantitiesand hereby bind myself/ourselves to complete the work in all respects within
____________ months from the date of issue of letter of acceptance of the tender.
2. I/We also hereby agree to abide by the Indian Railways Standard General
Conditions of Contract, with all correction slips up-to-date and to carry out the work
according to the Special Conditions of Contract and Specifications of materials and works
as laid down by Railway in the annexed Special Conditions/Specifications, Standard
Schedule of Rates (SSOR) with all correction slips up-to-date for the present contract.
3. A Bid Securityof ₹ ___________ has already been deposited online/ submitted as
Bank Guarantee bond.Full value of the Bid Security shall stand forfeited without prejudice
to any other right or remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in the
Tender document;
(b) I/We do not execute the contract documents within seven days after receipt of notice
issued by the Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to that
effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department of
Industrial Policy and Promotion (DIPP) and my registration number is ……………. valid
upto …………………. (Copy enclosed) and hence exempted from submission of Bid
Security.
5. We are a Labour Cooperative Society and our Registration No. is ………………..
with …………………..and hence required to deposit only 50% of Bid Security.
6. Until a formal agreement is prepared and executed, acceptance of this tender shall
constitute a binding contract between us subject to modifications, as may be mutually
agreed to between us and indicated in the letter of acceptance of my/our offer for this
work.
Signature of Witnesses:
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ANNEXURE - I (Contd. …)
TENDER FORM (Second Sheet)
1. Instructions to Tenderers and Conditions of Tender: The following documents
form part of Tender / Contract:
(a) Tender Forms – First Sheet and Second Sheet
(b) Special Conditions/Specifications (enclosed)
(c) Bill(s)of quantities (enclosed)
(d) Standard General Conditions of Contract and Standard Specifications (Works and
Materials) of Indian Railways as amended/corrected upto latest correction slips,
copies of which can be seen in the office of ______________ or obtained from the
office of the Chief Engineer, ____________ Railway on payment of prescribed
charges.
(e) Standard Schedule of Rates (SSOR) as amended / corrected upto latest correction
slips, copies of which can be seen in the office of ________________ or obtained
from the office of the Chief Engineer, ________________ Railway on payment of
prescribed charges.
(f) All general and detailed drawings pertaining to this work which will be issued by
the Engineer or his representatives (from time to time) with all changes and
modifications.
2. Drawings for the Work: The Drawing for the work can be seen in the office of
the _________ and / or Chief Engineer, ____________ Railway at any time during the
office hours. The drawings are only for the guidance of Tenderer(s). Detailed working
drawings (if required) based generally on the drawing mentioned above, will be given by
the Engineer or his representative from time to time.
3. The Tenderer(s) shall quote his / their rates as a percentage above or below the
Standard Schedule of Rates (SSOR) of ____________ Railway as applicable to
____________ Division except where he/they are required to quote item rates and must
tender for all the items shown in the Bill(s) of Quantitiesattached. The quantities shown in
the attached Bill(s) of Quantities are given as a guide and are approximate only and are
subject to variation according to the needs of the Railway. The Railway does not guarantee
work under each item of the Bill(s) of Quantities. The tenderer(s) shall quote rates /
rebates only at specified place in Tender Form supplied by Railway. Any revision of rates
/ rebates submitted (quoted) through a separate letter whether enclosed with the bid
(Tender Form) or submitted separately or mentioned elsewhere in the document other than
specified place shall be summarily ignored and will not be considered.
4. Tenders containing erasures and / or alterations of tender documents are liable to
be rejected. Any correction made by tender(s) in his/their entries must be attested by him /
them.
5. The works are required to be completed within a period of ________ months from
the date of issue of acceptance letter.
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6. Bid Security:
(a) Subject to exemptions provided under para 5(1) (a) of Part-1 (ITT) of this
document, the tender must be accompanied by a Bid Securityas mentioned in tender
documents, failing which the tender shall be summarily rejected.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 60 days (in case
of two packet system of tendering 90days) from the date of closing of the Tender. It is
understood that the tender documents have been issued to the Tenderer(s) and the
Tenderer(s), is / are permitted to tender in consideration of the stipulation on his / their
part that after submitting his / their tender subject to the period being extended further, if
required by mutual agreement from time to time, he will not resile from his offer or
modify the terms and conditions thereof in a manner not acceptable to ___________
Railway. Should the tenderer fail to observe or comply with the foregoing stipulation, the
amount deposited or Bank guarantee bond submitted as Bid Security for the due
performance of the above stipulation, shall be forfeited to the Railway.
(c) If his tender is accepted,
(i) the Bid Security mentioned in sub para(a) above deposited in cash through e-
payment gatewaywill be retained as part security for the due and faithful fulfillment
of the contract in terms of Clause 16 of the Standard General Conditions of Contract;
The Bid Security of other Tenderers shall, save as herein before provided, be
returned to them, but the Railway shall not be responsible for any loss or
depreciation to the Bid Security that may happen theretowhile in their possession,
nor be liable to pay interest thereon.
(d) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond
towardseither the Full Security Depositor the Part Security Deposit equal to or more than
Bid Security, the Railway shall return the Bid Security so retained as per sub para(c)
above, to the Contractor.
7. Rights of the Railway to deal with Tender: The authority for the acceptance of
the tender will rest with the Railway. It shall not be obligatory on the said authority to
accept the lowest tender or any other tender, and tenderer(s) shall neither demand any
explanation for the cause of rejection of his/ their tender nor the Railway to assign reasons
for declining to consider or reject any particular tender or tenders.
8. If the tenderer(s) deliberately gives / give wrong information in his / their tender or
creates / create circumstances for the acceptance of his / their tender, the Railway reserves
the right to reject such tender at any stage.
9. If any partner(s) of a partnership firm expires after the submission of its tender or
after the acceptance of its tender, the Railway shall deem such tender as cancelled/contract
as terminated under clause 61 of the Standard General Conditions of Contract, unless the
firm retains its character as per partnership agreement. If a sole proprietor expires after the
submission of tender or after the acceptance of tender, the Railway shall deem such tender
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The subcontractor shall have successfully completed at least one work similar to
work proposed for subcontract, costing not less than 35% value of work to be subletted, in
last 5 years, ending last day of month previous to the one in which tender is invited
through a works contract.
Note: for subletting of work costing up to Rs 50 lakh, no previous work experience of
subcontractor shall be asked for by the Railway.
In case after award of contract or during execution of work it becomes necessary
for contractor to change subcontractor, the same shall be done with subcontractor(s)
fulfilling the requirements as per clause 7 of the Standard General Conditions of Contract,
with prior approval of Chief Engineer in writing.
Note for Item 10.1:
Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificates issued by any Govt. Organisation, work
experience certificate issued by Public listed company having average annual turnover of
Rs 500 crore and above in last 3 financial years excluding the current financial year, listed
on National Stock Exchange or Bombay Stock Exchange, incorporated/registered at least
5 years prior to the date of closingof tender, shall also be considered provided the work
experience certificate has been issued by a person authorized by the Public listed company
to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company, the
tenderer shall also submit along with work experience certificate, the relevant copy of
work order, bill of quantities, bill wise details of payment received duly certified by
Chartered Accountant, TDS certificates for all payments received and copy of final/last
bill paid by company in support of above work experience certificate.
10.2. Financial Eligibility Criteria: (As per Advance Correction Slip No.1 received
through Rly.Board’s Lr.No.2022/CE-I/CT/GCC-2022/Policy Dt.14.7.2022 is applicable
.The tenderer must have minimum average annual contractual turnover of V/N or V
whichever is less where
V= Advertised value of the tender in crores of Rupees
N= Number of years prescribed for completion of work for which bids have been invited.
The average annual contractual turnover shall be calculated as an average of “total
contractual payments” in the previous three financial years, as per the audited balance
sheet. However, in case balance sheet of the previous year is yet to be prepared/ audited,
the audited balance sheet of the fourth previous year shall be considered for calculating
average annual contractual turnover.
The tenderers shall submit requisite information as per Annexure-VIB, along with copies
of Audited Balance Sheets duly certified by the Chartered Accountant/ Certificate from
Chartered Accountant duly supported by Audited Balance Sheet.
10.3 Bid Capacity: The tender/technical bid will be evaluated based on bid capacity
formula detailed as Annexure-VI.
10.4 No Technical and Financial credentials are required for tenders having advertised
value up to Rs 50 lakh.
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10.5 Credentials if submitted in foreign currency shall be converted into Indian currency
i.e., Indian Rupee as under:
The conversion rate of US Dollars into Rupees shall be the daily representative exchange
rates published by the Reserve Bank of India or entity authorized by RBI to do so for the
relevant date orimmediately previous date for which rates have been published. Where,
relevant date shall be as on the last day of month previous to the one in which tender is
invited. In case of any other currency, the same shall first be converted to US Dollars as on
the last day of month previous to the one in which tender is invited, and the amount so
derived in US Dollars shall be converted into Rupees at the aforesaid rate. The conversion
rate of such currencies shall be the daily representative exchange rates published by the
International Monetary Fund for the relevant date orimmediately previous date for which
rates have been published.
[Explanation for Para 10 of the Tender Form (Second Sheet) includingPara 10.1 to 10.5 -
Eligibility Criteria:
1. Substantially Completed Work means an ongoing work in which payment
equal to or more than 90% of the present contract value (excluding the payment made
for adjustment of Price variation (PVC), if any) has been made to the contractor in
that ongoing contract and no proceedings of termination of contract on Contractor’s
default has been initiated. The credential certificate in this regard should have been
issued not prior to 60 days of date of invitation of present tender.
2. In case a work is started prior to 07 (seven) years, ending last day of month previous
to the one in which tender is invited, but completed in last 07 (seven) years, ending last
day of month previous to the one in which tender is invited, the completed work shall
be considered for fulfillment of credentials.
3. If a work is physically completed and completion certificate to this extent is issued by
the concerned organization but final bill is pending, such work shall be considered for
fulfillment of credentials
4. In case of completed work, the value of final bill (gross amount) including the PVC
amount (if paid) shall be considered as the completion cost of work. In case final bill is
pending, only the total gross amount already paid including the PVC amount (if paid)
shall be considered as the completion cost of work.
In case of substantially completed work, the total gross amount already paid
including the PVC amount (if paid), as mentioned in the certificate, shall be
considered as the cost of substantially completed work.
5. If a bidder has successfully completed a work as subcontractor and the work
experience certificate has been issued for such work to the subcontractor by a Govt.
Organization or public listed company as defined in Note for Item 10.1 Para 10 of the
Tender Form (Second Sheet), the same shall be considered for the purpose of
fulfillment of credentials.
6. In case a work is considered similar in nature for fulfillment of technical credentials,
the overall cost including the PVC amount (if paid) of that completed work or
substantially completed work, shall be considered and no separate evaluation for each
component of that work shall be made to decide eligibility.
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7. In case of newly formed partnership firm, the credentials of individual partners from
previous propriety firm(s) or dissolved previous partnership firm(s) or split previous
partnership firm(s), shall be considered only to the extent of their share in previous
entity on the date of dissolution / split and their share in newly formed partnership
firm. For example,a partner A had 30% share in previous entity and his share in
present partnership firm is 20%. In the present tender under consideration, the
credentials of partner A will be considered to the extent of 0.3*0.2*value of the work
done in the previous entity. For this purpose, the tenderer shall submit along with his
bid all the relevant documents which include copy of previous partnership deed(s),
dissolution deed(s) and proof of surrender of PAN No.(s) in case of dissolution of
partnership firm(s) etc.
8. In case of existing partnership firm, if any one or more partners quit the partnership
firm, the credentials of remaining partnership firm shall be re-worked out i.e., the
quitting partner(s) shall take away his credentials to the extent of his share on the date
of quitting the partnership firm(e.g. in a partnership firm of partners A, B & C having
share 30%, 30% & 40% respectively and credentials of Rs 10 crore; in case partner C
quits the firm, the credentials of this partnership firm shall remain as Rs 6 crore). For
this purpose, the tenderer shall submit along with his bid all the relevant documents
which include copy of previous partnership deed(s), dissolution deed(s) and proof of
surrender of PAN No.(s) in case of dissolution of partnership firm(s) etc.
9. In case of existing partnership firm if any new partner(s) joins the firmwithout any
modification in the name and PAN/TAN no. of the firm, the credentials of partnership
firm shall get enhanced to the extent of credentials of newly added partner(s) on the
same principles as mentioned in item 6 above. For this purpose, the tenderer shall
submit along with his bid all the relevant documents which include copy of previous
partnership deeds, dissolution/splitting deeds and proof of surrender of PAN No.(s) in
case of dissolution of partnership firm etc.
10. Any partner in a partnership firm cannot use or claim his credentials in any other firm
without leaving the partnership firm i.e., In a partnership firm of A&B partners, A or B
partner cannot use credentials of partnership firm of A&B partners in any other
partnership firm or propriety firm without leaving partnership firm of A&B partners.
11. In case a partner in a partnership firm is replaced due to succession as per succession
law, the proportion of credentials of the previous partner will be passed on to the
successor.
12. If the percentage share among partners of a partnership firm is changed, but the
partners remain the same, the credentials of the firm before such modification in the
share will continue to be considered for the firm as it is without any change in their
value. Further, in case a partner of partnership firm retires without taking away any
credentials from the firm, the credentials of partnership firm shall remain the same as
it is without any change in their value.
13. In a partnership firm “AB” of A&B partners, in case A also works as propriety firm
“P” or partner in some other partnership firm “AX”, credentials of A in propriety
firm “P” or in other partnership firm “AX” earned after the date of becoming a
partner of the firm AB shall not be added in partnership firm AB.
14. In case a tenderer is LLP, the credentials of tenderer shall be worked out on above
lines similar to a partnership firm.
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15. In case company A is merged with company B, then company B would get the
credentials of company A also.]
11. Tenderer Credentials:
Documents testifying tenderer previous experience and financial status should be
produced alongwith the tender.
Tenderer(s)who is / are not borne on the approved list of the Contractors of ________
Railway shall submit alongwith his / their tender:
(i) Certificates and testimonials regarding contracting experience for the type of job
for which tender is invited with list of works carried out in the past.
(ii) Audited Balance Sheet duly certified by the Chartered Accountant regarding
contractual payments received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the
tendered work. Similarly list of Plant & Machinery available on hand and proposed
to be inducted and hired for the tendered work.
(iv) A copy of certificate stating that they are not liable to be disqualified and all their
statements/documents submitted alongwith bid are true and factual. Standard
format of the certificate to be submitted by the bidder is enclosed as Annexure-V.
In addition to Annexure V in case of other than company/Proprietary firm ,
Annexure V A shall also be submitted by the each member of a Partnership Firm
/Joint venture (JV)/HUF /Limited liability Partnership(LLP) etc . as the case may
be Non submission of a copy of certificate by the bidder shall result in summarily
rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to
identify, state and submit the supporting documents duly self attested/digitally
signed by which they/he are/is qualifying the Qualifying Criteria mentioned in the
Tender Document.
(v) The Railway reserves the right to verify all statements, information and documents
submitted by the bidder in his tender offer, and the bidder shall, when so required
by the Railway, make available all such information, evidence and documents as
may be necessary for such verification. Any such verification or lack of such
verification, by the Railway shall not relieve the bidder of its obligations or
liabilities hereunder nor will it affect any rights of the Railway thereunder.
(vi) (a) In case of any information submitted by tenderer is found to be false, forged or
incorrect at any time during process for evaluation of tenders, it shall lead to
forfeiture of the tender Bid Securitybesides banning of business for a period of
upto two years. (ACS No.3 )
(b) In case of any information submitted by tenderer is found to be false, forged or
incorrect after the award of contract, the contract shall be terminated. Bid Security,
Performance Guarantee and Security Deposit available with the railway shall be
forfeited. In addition, other dues of the contractor, if any, under this contract shall
be forfeited and agency shall be banned for doing business for a period of upto two
years.(ACS No.3 )
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12. Non-compliance with any of the conditions set forth therein above is liable to
result in the tender being rejected.
13. Execution of Contract Documents: The successful Tenderer(s) shall be required
to execute an agreement with the President of India acting through the _____________,
_________ Railway for carrying out the work according to the Standard General
Conditions of Contract, Special Conditions / Specifications annexed to the tender and
Standard Specifications (Works and Materials) of Railway as amended/corrected upto
latest correction slips, mentioned in tender form (First Sheet).
14. Documents to be Submitted Along with Tender
(i) The tenderer shall clearly specify whether the tender is submitted on his own
(Proprietary Firm) or on behalf of a Partnership Firm / Company / Joint Venture (JV) /
Registered Society / Registered Trust / Hindu Undivided Family (HUF) / Limited Liability
Partnership (LLP)etc. The tenderer(s) shall enclose the attested copies of the constitution
of their concern, and copy of PAN Card along with their tender. Tender Documents in
such cases are to be signed by such persons as may be legally competent to sign them on
behalf of the firm, company, association, trust or society, as the case may be.
(ii) Following documents shall be submitted by the tenderer:
(a) Sole Proprietorship Firm:
(i) All documents in terms of Para 10 of the Tender Form (Second Sheet)above.
(b) HUF:
(i) A copy of notarized affidavit on Stamp Paper declaring that he who is
submitting the tender on behalf of HUF is in the position of ‘Karta’ of Hindu
Undivided Family (HUF) and he has the authority, power and consent given
by other members to act on behalf of HUF.
(ii) All other documents in terms of Para 10 of the Tender Form (Second
Sheet)above.
(c) Partnership Firm:
(i) Alldocuments as mentioned in para18 of the Tender Form (Second Sheet).
(d) Joint Venture (JV): All documents as mentioned in para 17 of the Tender Form
(Second Sheet).
(e) Company registered under Companies Act2013:
(i) The copies of MOA (Memorandum of Association) / AOA (Articles of
Association) of the company
(ii) A copy of Certificate of Incorporation
(iii) A copy of Authorization/Power of Attorney issued by the Company (backed
by the resolution of Board of Directors) in favour of the individual to sign the
tender on behalf of the company and create liability against the company.
(iv) All other documents in terms Para 10 of the Tender Form (Second
Sheet)above.
(f) LLP (Limited Liability Partnership):
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation
(iii) A copy of Power of Attorney/Authorization issued by the LLPin favour of the
individual to sign the tender on behalf of the LLP and create liability against
the LLP.
(iv) An undertaking by all partners of the LLP that they are not blacklisted or
debarred by Railways or any other Ministry / Department of the Govt. of India
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Note: A Power of Attorney executed and issued overseas, the document will also have to
be legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Appostille certificate.
16. Employment/Partnership etc. of Retired Railway Employees:
(a) Should a tenderer
i) be a retired Engineer of the gazetted rank or any other gazetted officer working before
his retirement, whether in the executive or administrative capacity or whether holding a
pensionable post or not, in the Engineering or any other department of any of the railways
owned and administered by the President of India for the time being, OR
ii) being partnership firm / joint venture (JV) / registered society / registered trust etc have
as one of its partners/members a retired Engineer of the gazetted rank or any other
gazetted officer working before his retirement, OR
iii) being an incorporated company have any such retired Engineer of the gazetted rank or
any other gazetted officer working before his retirement as one of its directors
AND
in case where such Engineer or officer had not retired from government service at least
1 year prior to the date of submission of the tender
THEN
the tenderer will give full information as to the date of retirement of such Engineer or
gazetted officer from the said service and as to whether permission for taking such
contract, or if the Contractor be a partnership firm or an incorporated company, to become
a partner or director as the case may be, 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.
b) In case, upon successful award of contract, should a tenderer depute for execution of
the works under or to deal matters related with this contract, any retired Engineer of
gazette rank or retired gazetted officerworking before his retirement in the Engineering or
any other department of any of the railways owned and administered by the President of
India for the time being, and now in his employment, then the tenderer will ensure that
retired Engineer or retired gazetted officer had retired from government service at least 1
year prior to the date of his employment with tenderer and in case he had retired from
service within a year then he possesses the requisite permission from the President of
India or any officer, duly authorized by him in this behalf, to get associated with the
tenderer.
c) Should a tenderer or Contractor being an individual, have member(s) of his family or
in the case of partnership firm/ company / joint venture (JV) / registered society /
registered trust etc. one or more of his partner(s)/shareholder(s) or member(s) of the
family ofpartner(s)/shareholder(s)having share of more than 1%in the tendering entity
employed in gazetted capacity in the Engineering or any other department of the railway,
then the tenderer at the time of submission of tender, will inform the authority inviting
tenders the details of such persons.
Note: -If information as required as per 16.a), b), c) above has not been furnished, contract
is liable to be dealt in accordance with provision of clause 62 of the Standard General
Condition of contract.
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submitted alongwith the tender, shall be got registered before the Registrar of the
Companies under 'The Companies Act -2013' (in case JV entity is to be registered as
Company) or before the Registrar/Sub-Registrar under the 'The Indian Partnership Act,
1932' (in case JV entity is to be registered as Partnership Firm) or under 'The LLP Act
2008' (in case JV entity is to be registered as LLP). A separate PAN shall be obtained for
this entity. The documents pertaining to this entity including its PAN shall be furnished to
the Railways before signing the contract agreement for the work. In case the tenderer fails
to observe/comply with this stipulation within 60 days of issue of LOA, contract is liable
to be terminated. In case contract is terminated railway shall be entitled to forfeit the full
amount of the Bid Securityand other dues payable to the Contractor under this contract.
The entity so registered, in the registered documents, shall have, inter-alia, following
Clauses:
17.11.1 Joint and Several Liability - Members of the entity to which the contract is
awarded, shall be jointly and severally liable to the Railway for execution of the project in
accordance with General and Special Conditions of Contract. The members of the entity
shall also be liable jointly and severally for the loss, damages caused to the Railways
during the course of execution of the contract or due to non-execution of the contract or
part thereof.
17.11.2 Duration of the Registered Entity - It shall be valid during the entire currency of
the contract including the period of extension, if any and the maintenance period after the
work is completed.
17.11.3 Governing Laws - The Registered Entity shall in all respect be governed by and
interpreted in accordance with Indian Laws.
17.12 Authorized Member - Joint Venture members in the JV MoU shall authorize
Lead member on behalf of the Joint Venture to deal with the Contract, 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.(ACS 3).
17.13 No member of the Joint Venture shall have the right to assign or transfer the
interest right or liability in the contract without the written consent of the other members
and that of the Railway in respect of the said tender/contract.
17.14 Documents to be enclosed by the JV alongwith the tender:
17.14.1 In case one or more of the members of the JV is/are partnership firm(s), following
documents shall be submitted:
i) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered
with the Registrar.
ii) A copy of consent of all the partners or individual authorized by partnership firm, to
enter into the Joint Venture Agreement on a stamp paper,
iii) A notarized or registered copy of Power of Attorney in favour of the individual
to sign the MOU/JV Agreement on behalf of the partnership firm and create liability
against the firm.
iv) An undertaking by all partners of the partnership firm that they are not blacklisted or
debarred by Railways or any other Ministry / Department of the Govt. of India from
participation in tenders / contracts as on the date of submission of bids, either in their
individual capacity or in any firm/LLP in which they were / are partners/members. Any
Concealment / wrong information in regard to above shall make the bid ineligible or the
contract shall bedetermined under Clause 62 of the Standard General Conditions of
Contract.
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17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following
documents shall be enclosed:
i) A copy of notarized affidavit on Stamp Paper declaring thathis Concern is a proprietary
Concern and he is sole proprietor of the Concern OR he who is signing the affidavit on
behalf of HUF is in the position of ‘Karta’ of Hindu Undivided Family (HUF) and he has
the authority, power and consent given by other members to act on behalf of HUF.
17.14.3 In case one or more members of the JV is/are companies, the following
documents shall be submitted:
(i) A copy of resolutions of the Directors of the Company, permitting the
company to enter into a JV agreement,
(ii) The copies of MOA (Memorandum of Association) / AOA (Articles of
Association) of the company
(iii) A copy of Certificate of Incorporation
(iv) A copy of Authorization/copy of Power of Attorney issued by the Company
(backed by the resolution of Board of Directors) in favour of the individual,to
sign the tender, sign MOU/JV Agreement on behalf of the company and create
liability against the company
17.14.4 In case one or more members of the JV is/are LLP firm/s, the following
documents shall be submitted:
(i) A copy of LLP Agreement
(ii) A copy of Certificate of Incorporation of LLP
(iii) A copy of resolution passed by partners of LLP firm, permitting the Firm
to enter into a JV agreement
iv)A copy of Authorization /copy of Power of Attorney issued by the LLP firm (backed
by resolution passed by the Partners) in favour of the individual, to sign the tender and/or
sign the MOU/ JV agreement on behalf of the LLP and create liability against the LLP.
v) An undertaking by all partners of the LLP that they are not blacklisted or debarred by
Railways or any other Ministry / Department of the Govt. of India from participation in
tenders / contracts as on the date of submission of bids, either in their individual capacity
or in any firm/LLP or JV in which they were / are partners/members. Any Concealment /
wrong information in regard to above shall make the contract liable for determination
under Clause 62 of the Standard General Conditions of Contract.
17.14.5 In case one or more members of the JV is/are Society/s or Trust/s, the following
documents shall be submitted:
(i) A copy of Certificate of Registration
(ii) A copy of Memorandum of Association of Society/Trust Deed
(iii) A copy of Rules & Regulations of the Society
(iv) A copy of Power of Attorney, in favour of the individual to sign the tender
documents and create liability against the Society/Trust.
17.14.6 All other documents in terms of Para 10 of the Tender Form (Second Sheet)
above.
New para 17.14.7 – shall be read as per ACS No.3 – A power of attorney executed and
issued overseas, the document will also have to be legalized by the Indian embassy and
notatized in the jurisdiction where the power of attorney is being issued . However, the
power of attorney provided by bidders from countries that have signed the Hague
legislation convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate .
17.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity
of the JV shall be adjudged based on satisfactory fulfillment of the following criteria:
17.15.1 Technical Eligibility Criteria (‘a’ or ‘b’ mentioned hereunder):(As per Advance
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18.2 The partnership firm should have been in existence or should have been formed
prior to submission of tender. Partnership firm should have either been registered with the
Registrar or the partnership deed should have been notarized as per the Indian Partnership
Act,prior to submission of tender.
18.3 Separate identity / name should be given to the partnership firm. The partnership
firm should have PAN / TAN number in its own name and PAN / TAN number in the
name of any of the constituent partners shall not be considered. The valid constituents of
the firm shall be called partners.
18.4 Once the tender has been submitted, the constitution of the firm shall not normally
be allowed to be modified / altered / terminated during the validity of the tender as well as
the currency of the contract except when modification becomes inevitable due to
succession laws etc., in which case prior permission should be taken from Railway and in
any case the minimum eligibility criteria should not get vitiated. The re-constitution of
firm in such cases should be followed by a notary certified Supplementary Deed. The
approval for change of constitution of the firm, in any case, shall be at the sole discretion
of the Railways and the tenderer shall have no claims what-so-ever. Any change in the
constitution of Partnership firm after submissionof tender shall be with the consent of all
partners and with the signatures of all partners as that in the Partnership Deed. Failure to
observe this requirement shall render the offer invalid and full Bid Security shall be
forfeited.
If any Partner/s withdraws from the firm after submissionof the tender and before
the award of the contract, the offer shall be rejected and Bid Security of the tenderer will
be forfeited. If any new partner joins the firm after submissionof tender but prior to award
of contract, his / her credentials shall not qualify for consideration towards eligibility
criteria either individually or in proportion to his share in the previous firm. In case the
tenderer fails to inform Railway beforehand about any such changes / modification in the
constitution which is inevitable due to succession laws etc. and the contract is awarded to
such firm, then it will be considered a breach of the contract conditions liable for
determination of the contract under Clause 62 of the StandardGeneral Conditions of
Contract.
18.5 A partner of the firm shall not be permitted to participate either in his individual
capacity or as a partner of any other firm in the same tender.
18.6 The tender form shall be submitted only in the name of partnership firm. The Bid
Security shall be submitted by partnership firm. The Bid Security submitted in the name of
any individual partner or in the name of authorized partner (s) shall not be considered.
18.7 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees
like Performance Guarantee, Guarantee for various Advances to the Contractor shall be
submitted only in the name of the partnership firm and no splitting of guarantees among
the partners shall be acceptable.
18.8 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm
shall be executed in the name of the firm only and not in the name of any individual
partner.
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18.9 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following
undertakings shall be furnished by all the partners through a notarized affidavit, before signing of
contract agreement.
(a) Joint and several liabilities:
The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly
and severally liable to the Railway for execution of the contract in accordance with General and
Special Conditions of the Contract. The partners shall also be liable jointly and severally for the
loss, damages caused to the Railway during the course of execution of the contract or due to non-
execution of the contract or part thereof.
(b) Duration of the partnership deed and partnership firm agreement:
The partnership deed/partnership firm agreement shall normally not be modified/altered/
terminated during the currency of contract and the maintenance period after the work is completed
as contemplated in the conditions of the contract. Any change carried out by partners in the
constitution of the firm without permission of Railway, shall constitute a breach of the contract,
liable for determination of the contract under Clause 62 of the Standard General Conditions of
Contract.
(c) Governing laws: The partnership firm agreement shall in all respect be governed by and
interpreted in accordance with the Indian laws.
(d) No partner of the firm shall have the right to assign or transfer the interest right or liability in
the contract without the written consent of the other partner/s and that of the Railway.
18.10 The tenderer shall clearly specify that the tender is submitted on behalf of a partnership
firm. The following documents shall be submitted by the partnership firm, with the tender:
(i) A notarized copy of the Partnership Deed or a copy of the Partnership deed registered
with the Registrar.
(ii) A notarized or registered copy of Power of Attorney in favour of the individual to tender
for the work, sign the agreement etc. and create liability against the firm.
(iii) An undertaking by all partners of the partnership firm that they are not blacklisted or debarred
by Railways or any other Ministry / Department of the Govt. of India from participation in tenders
/ contracts as on the date of submission of bids, either in their individual capacity or in any
firm/LLP in which they were / are partners/members. Any Concealment / wrong information in
regard to above shall makethe bid ineligible or the contract shall bedetermined under Clause 62 of
the Standard General Conditions of Contract.
(iv)All other documents in terms of Para 10 of the Tender Form (Second Sheet) above.
18.11 Evaluation of eligibility of a partnership firm:
Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of
the eligibility criteria laid down in Para 10 of the Tender Form (Second Sheet) above.
19.0 Advances to Contractor –
If specifically provided in Tender Documents oftender having advertised value more than Rs 50
Crores, Railway shall make payment, as an Interest bearing advances, as per Contractor’s request.
These advances shall carry a simple interest ________ as indicated in the Tender documents.The
payment and recovery of such advances shall be made as per manners prescribed in Clause 46.4 of
the Standard General Conditions of Contract.
(Signature)
(Designation)
Signature of Tenderer(s) _________Railway Date _____________
Date _____________
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ANNEXURE - I (Contd. …)
TENDER FORM (Third Sheet)
Name ofWork: ________________________________________________
BILL OF QUANTITIES
1. Standard Schedule of Rates (SSOR) Items:
SL Item Description Approximate Unit Rates in Figures Amount
No.of of Item of Quantity and Words to be (₹)
SSOR Work filled by tenderer
(₹)
1 2 3 4 5 6 7
The quantities shown in above Bill of Quantities are approximate and are as a
guide to give the tenderer(s) an idea of quantum of work involved. The Railway reserves
the right to increase/ decrease and/or delete or include any of the quantities given above
and no extra rate will be allowed on this account.
I/We undertake to do the work at __________ % above/below the Standard
Schedule of Rates (SSOR) of the _______ Railway as applicable to ________ Division or
at the rates quoted above for each item.
Dated ______________
Signature of the Tenderer(s)
Note: Columns 1 to 5 shall be filled by the office of the Authority inviting tender.
Columns 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders are
not invited.
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ANNEXURE – II
AGREEMENT FOR ZONE CONTRACT
CONTRACT AGREEMENT No.______________ DATED _____________.
ARTICLES OF AGREEMENT made this ______________ day of ______________
between the President of India acting through the _________________, _____________
Railway hereinafter called the "Railway" of the one part and
___________________________ hereinafter called the "Contractor" of the other part.
WHEREAS the Contractor has agreed with the Railway during the period of _____
months from ______________ to _________________ for the performance of:
(a) New Works, additions and alterations to existing structures, special repair works
and supply of building materials subject to the contract value for such works not
exceeding ₹ _______.
(b) All ordinary repair and maintenance works at any site between kilometer __________
and kilometre _________ as will be set forth in the work orders (which work orders shall
be deemed and taken to be part of this contract) that will be issued during the said period
at _______% above/below theStandard Schedule of Rates (SSOR) of the _____________
Railway, corrected up to the latest correction slips and Standard Specifications of the
_____________ Railway corrected upto latest correction slips and the Special Conditions
and Special Specifications, if any in conformity with the drawings (if any) that will be
issued with the work order, aforesaid AND WHEREAS the performance of the said work
is an act in which the public are interested.
NOW THIS INDENTURE PRESENTS WITNESSETH That in consideration of
the payment to be made by the Railway, the Contractor will duly perform the works set
forth in the said Work Order and shall execute the same with great promptness, care and
accuracy, in a workman like manner to the satisfaction of the Railway and will complete
the same on or before the respective dates specified therein in accordance with the said
specifications and said drawings (if any) and said conditions of contract and will observe,
fulfill and keep all the conditions therein mentioned, (which shall be deemed and taken to
be part of this contract as if the same had been duly set forth herein), AND the Railway
both here-by agree that if the Contractor shall duly perform the said work in the manner
aforesaid and observe and keep the said terms and conditions, the Railway will pay or
cause to be paid to the Contractor for the said works on the completion thereof the amount
due in respect thereof at the rates specified above.
Contractor _______________ Designation
Address _________________ Railway _________
(For President of India)
Witnesses (to signature of Contractor):
Signature of witnesses with address ______________________________________
Date __________
_______________________________________
Signature of witnesses with address _______________________________________
Date __________
____________________________________
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ANNEXURE - III
WORK ORDER UNDER ZONE CONTRACT
WORK ORDER NO._________, DATED ________ UNDER CONTRACT
AGREEMENT
NO._________________________________ DATED __________________.
Name of Work _____________________________________
(SITE) _____________________
Schedule of Drawings
____________________________________________________________
Authority__________________________________
Allocation _________________________
The works herein mentioned are required to be completed on or before ________ (Date).
The quantities provided herein are approximate and subject to variation under Clause 42 of
the Standard General Conditions of Contract updated with correction slips issued up to
date of inviting tender or as otherwise specified in the tender documents.
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I agree to complete the works herein set forth on or before the date specified under
the Zone Contract Agreement herein before referred to in conformity with the drawings
hereto annexed and in accordance with the General and Special (if any) Conditions of
Contract updated with correction slips issued up to date of inviting tender or as otherwise
specified in the tender documents and the Standard Specifications of _________ Railway
updated with correction slips issued up to date of inviting tender or as otherwise specified
in the tender documents .
I also agree to maintain such works for the period specified below from the date of
completion:
(a) Repair and maintenance work including white/color washing: three calendar
months from date of completion.
(b) All new works except earth work: Six calendar months from date of
completion.
Contractor _______________ (Signature) Railway: Designation
_____________
Address __________________________
For President of India)
Date _____________ Date _____________
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ANNEXURE - IV
___________ RAILWAY
CONTRACT AGREEMENT OF WORKS
CONTRACT AGREEMENT NO. _________________________ DATED ___________
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ANNEXURE-V Reference -Para 6.1 of ITT(As per Advance Correction Slip No.1 ,2,3,4
received through Rly.Board’s Lr.No.2022/CE-I/CT/GCC-2022/Policy Dt.14.7.2022 etc are applicable)
FORMAT FOR CERTIFICATE TO BE SUBMITTED / UPLOADED BY TENDERER
ALONGWITH THE TENDER DOCUMENTS
I………………………………(Name and designation)**appointed as the attorney/authorized
signatory of the tenderer (including its constituents),
M/s_____________________________ (hereinafter called the tenderer) for the purpose of the Tender
documents for the work of ____________________________________________ as per the tender
No.____________ of ________(Railway)**, do hereby solemnly affirm and state on the behalf of the
tenderer including its constituents as under:
1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway website
www.ireps.gov.in . I/we have verified the content of the document from the website and there is no
addition, no deletion or no alteration to the content of the tender document. In case of any
discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment of
the contract, the master copy available with the railway Administration shall be final and binding
upon me/us.
4. I/we declare and certify that I/we have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the tender by me/us
are correct and I/we are fully responsible for the correctness of the information and
documents, submitted by us.
7. I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other
Ministry / Department of Govt. of India from participation in tender on the date of submission of
bids, either in individual capacity or as a HUF/ member of the partnership
firm/LLP/JV/Society/Trust.
8. I/we understand that if the contents of the certificatesubmitted by us are found to be forged/false or
incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the Bid
Securityand may also lead to any other action provided in the contract including banning of
business for a period of upto Two years. Further, I/we (insert name of the
tenderer) **_____________and all my/our constituents understand that my/our offer shall be
summarily rejected.(ACS 4)
9. I/we also understand that if the contents of the certificatesubmitted by us are found to be
false/forged or incorrect at any time after the award of the contract, it will lead to termination of
the contract, along with forfeiture of Bid Security/Security Depositand Performance guarantee and
may also lead to any other action provided in the contract including banning of business for a
period of upto two years.(ACS4)
10. I/We have read the clause regarding restriction on procurement from a bidder of a country which
shares a land border with India and certify that I am/We are not from such a country or, if from
such a country, have been registered with the competent Authority. I/We hereby certify that I/we
fulfil all the requirements in this regard and am/are eligible to be considered (evidence of valid
registration by the competent authority is enclosed)
ANNEXURE.V(A)
Reference -Para 6.1 of ITT
2. I/We have read the clause regarding restriction on procurement from a bidder of a
country which shares a land border with India and certify that I am/we are not from
such a country or, if from such a country, have been registered with the competent
Authority. I/we hereby certify that I/we fulfil all the requirements in this regard and
arn/are eligibte to be considered (evidence of valid registration by the competent
authority is enclosed),
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ANNEXURE – VI
Reference -Para 10.3 & 17.15.3 of Tender Form (Second Sheet) of Annexure I of ITT
(As per Advance Correction Slip No.1 received through Rly.Board’s Lr.No.2022/CE
I/CT/GCC-2022/Policy Dt.14.7.2022 is applicable)
TENDERER’S CREDENTIALS (BID CAPACITY)
___________ RAILWAY
For tenders having advertised value more than Rs 20 crore wherein eligibility criteria includes bid
capacity also, the tenderer will be qualified only if its available bid capacity is equal to or more
than the total bid value of the present tender. The available bid capacity shall be calculated as
under:
Available Bid Capacity = [A x N x 2] – 0.33xNxB
Where,
A = Maximum value of construction works executed and payment received in any one of the
previous three financial years or the current financial year (up to date of inviting tender), taking
into account the completed as well as works in progress.
N= Number of years prescribed for completion of work for which bids has been invited.
B = Value of existing commitments and balance amount of ongoing works with the tenderer as on
date one month prior to the tender closing date to be completed in next ‘N’ years.
Note:
(a) The Tenderer(s) shall furnish the details of -
(i) Maximum value of construction works executed and payment received in
any one of the previous three financial years or the current financial year (up to date of inviting
tender) for calculating A, and
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Annexure –VIA
Para 5 of the Instructions to Tenderers
(Bid Security)
Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).
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4. The guarantee hereinbefore shall not be affected by any change in the constitution of
the Bank or in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid
document or to any documents, which have been or may be made between the
Railway and the Bidder, will in any way absolve the Bank from the liability under this
guarantee; and the Bank, hereby, waives any requirement for notice of any such
change, addition or modification made by Railway at any time.
6. This guarantee will remain valid and effective from…….…….[insert date of
issue]till ………..[insert date, which should be minimum 90 days beyond the expiry
of validity of Bid]. Any demand in respect of this Guarantee should reach the Bank
within the validity period of Bid Security.
7. The Bank Guarantee is unconditional and irrevocable.
8. The expressions Bank and Railway herein before used shall include their respective
successors and assigns.
9. The Bank hereby undertakes not to revoke the guarantee during its currency, except
with the previous consent in writing of the Railway. This guarantee is subject to the
Uniform Rules for Demand Guarantees, ICC Publication No.758.
10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging
System) and shall invariably send the advice of this Bank Guarantee to the following
bank details –
IFSC CODE SBIN000RAIL
IFSC TYPE BRANCH
BANK NAME STATE BANK OF INDIA
BRANCH NAME RAIL
CITY NAME NAVI MUMBAI
ADDRESS SECTOR-11, CBD BELAPUR, NAVI MUMBAI
DISTRICT NAVI MUMBAI
STATE MAHARASHTRA
BG ENABLED YES
11. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee(s) of Bidder in favour of the Railway. The Bank, under this Guarantee,
shall be deemed as Principal Debtor of the Railway.
Date ………… ………………………………………
Place…………. Bank’s Seal and authorized
signature(s)
[Name in Block letters]
………………....
[Designation with Code
No.]……………..……
[P/Attorney] No.
Witness:
1 Signature, Name & Address & Seal
2 Signature, Name& address & Seal Bank’s Seal
[P/Attorney]No.
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
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Annexure –VIB
Reference -Para 10.2 & 17.15.2 of Tender Form (Second Sheet) of Annexure I of ITT
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Part II
STANDARD GENERAL CONDITIONS OF CONTRACT
1. (1) Definitions: In these Standard General Conditions of Contract, the following
terms shall have the meaning assigned hereunder except where the context otherwise
requires:
(a) "Railway" shall mean the President of the Republic of India or the Administrative
Officers of the Railway or of the Successor Railway authorized to deal with any matters
which these presents are concerned on his behalf.
(b) "General Manager" shall mean the Officer in-charge of the General
Superintendence and Control of the Railway and shall also include Addl. General
Manager, the General Manager (Construction)and shall mean and include their successors,
of the successor Railway.
(c) "Chief Engineer" shall mean the Officer in-charge of the Engineering Department
of Railway and shall also include Chief Engineer (Construction), Chief Signal &
Telecommunication Engineer, Chief Signal & Telecommunication Engineer
(Construction), Chief Electrical Engineer, Chief Electrical Engineer (Construction), Chief
Mechanical Engineerand shall mean & include their successors, of the Successor Railway.
(d) "Divisional Railway Manager" shall mean the Officer in-charge of a Division of
the Railway and shall mean and include the Divisional Railway Manager of the Successor
Railway.
(e) “Engineer” shall mean the Divisional Engineer or the Executive Engineer,
Divisional Signal & Telecom Engineer, Divisional Electrical Engineer, Divisional
Mechanical Engineer in executive charge of the works and shall include the superior
officers of Open Line and Construction organisations on the Railway of the Engineering,
Signal & Telecom, Electrical and Mechanical Departments, i.e. the Senior Divisional
Engineer/Deputy Chief Engineer, Senior Divisional Signal & Telecom Engineer /
Dy.Chief Signal & Telecom Engineer, Senior Divisional Electrical Engineer / Deputy
Chief Electrical Engineer, Senior Divisional Mechanical Engineer and shall mean &
include the Engineers of the Successors Railway.
(f) "Engineer's Representative" shall mean the Assistant Engineer, Assistant Signal &
Telecommunication Engineer and Assistant Electrical Engineer, Assistant Mechanical
Engineer in direct charge of the works and shall include any Sr. Section/Junior Engineer of
Civil Engineering/Signal and Telecommunication Engineering/Mechanical
Engineering/Electrical Engineering Departments appointed by the Railway and shall mean
and include the Engineer's Representative of the Successor Railway.
(g) "Contractor" shall mean the Person/Firm/LLP/Trust/Co-operative Society or
Company whether incorporated or not who enters into the contract with the Railway and
shall include their executors, administrators, successors and permitted assigns.
(h) "Contract" shall mean and include the Agreement, theWork Order, the accepted
Bill(s) of Quantities or Chapter(s) of Standard Schedule of Rates (SSOR) of the Railway
modified by the tender percentage for items of works quantified, or not quantified, the
Standard General Conditions of Contract, the Special Conditions of Contracts, if any; the
Drawing, the Specifications, the Special Specifications, if any and Tender Forms, if any.
(i) "Works" shall mean the works to be executed in accordance with the contract.
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(j) "Specifications" shall mean the Standard Specifications for Materials &Works of
Railway as specified by Railway under the authority of the Chief Engineer or as amplified,
added to or superseded by Special Specifications, if any.
(k) Standard Schedule of Rates (SSOR) shall mean the schedule of Rates adopted by
the Railway, which includes-
1. “Unified Standard Schedule of Rates of the Railway (USSOR)” i.e. the Standard
Schedule of Rates of the Railway issued under the authority of the Chief Engineer
from time to time, updated with correction slips issued up to date of inviting tender or
as otherwise specified in the tender documents;
2. “Delhi Schedule Of Rates (DSR)” i.e. the Standard Schedule of Rates published by
Director General/ Central Public Works Department, Government of India, New
Delhi, as adopted and modified by the Railway under the authority of the Chief
Engineer from time to time, updated with correction slips issued up to date of inviting
tender or as otherwise specified in the tender documents.
(l) "Drawing" shall mean the maps, drawings, plans and tracings or prints there of
annexed to the contract and shall include any modifications of such drawings and further
drawings as may be issued by the Engineer from time to time.
(m)"Constructional Plant" shall mean all appliances or things of whatsoever nature
required for the execution, completion or maintenance of the works or temporary works
(as hereinafter defined) but does not include materials or other things intended to form or
forming part of the permanent work.
(n)"Temporary Works" shall mean all temporary works of every kind required for the
execution completion and/or maintenance of the works.
(o) "Site" shall mean the lands and other places on, under, in or through which the
works are to be carried out and any other lands or places provided by the Railway for the
purpose of the contract.
(p) "Period of Maintenance" shall mean the specified period of maintenance from the
date of completion of the works, as certified by the Engineer.
(q) ‘Contractor’s authorized Engineer’ shall mean a graduate Engineer or equivalent,
having more than 3 years experience in the relevant field of construction work involved in
the contract, duly approved by Engineer.
(r) Date of inviting tender shall be the date of publishing tender notice on IREPS
website if tender is published on website or the date of publication in newspaper in case
tender is not published on website.
(s)“Bill of Quantities” shall mean Schedule of Item(s) included in the tender document
along with respective quantities and rates,accepted by the Railway.
1. (2) Singular and Plural: Words importing the singular number shall also include the
plural and vice versa where the context requires.
1.(3) Headings and Marginal Headings: The headings and marginal headings in these
Standard General Conditions are solely for the purpose of facilitating reference and shall
not be deemed to be part thereof or be taken into consideration in the interpretation or
construction thereof the contract.
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GENERAL OBLIGATIONS
2. (1) Execution Co-Relation and Intent of Contract Documents: The contract
documents shall be signed in triplicate by the Railway and the Contractor. The contract
documents are complementary and what is called for by anyone shall be as binding as if
called for by all, the intention of the documents is to include all labour and materials,
equipments and transportation necessary for proper execution of work. Materials or works
not covered by or properly inferable from any heading or class of the specifications shall
not be supplied by the Railway to the Contractors unless distinctly specified in the contract
documents. Materials or works described in words which so applied have a well-known
technical or trade meaning, shall be held to refer to such recognized standards.
2.(2) If a work is transferred from the jurisdiction of one Railway to another Railway or
to a Project authority or vice versa while contract is in subsistence, the contract shall be
binding on the Contractor and the Successor Railway/Project in the same manner & take
effect in all respects as if the Contractor and the Successor Railway/Project were parties
thereto from the inception and the corresponding officer or the Competent Authority in the
Successor Railway/Project will exercise the same powers and enjoy the same authority as
conferred to the Predecessor Railway/Project under the original contract/agreement
entered into.
2. (3) If for administrative or other reasons the contract is transferred to the Successor
Railway, the contract shall, notwithstanding any things contained herein contrary there to,
be binding on the Contractor and the Successor Railway in the same manner and take
effect in all respects as if the Contractor and the Successor Railway had been parties
thereto from the date of this contract.
3. (1) Law Governing the Contract: The contract shall be governed by the law for the
time being in force in the Republic of India.
3.(2) Compliance to Regulations and Bye-Laws: The Contractor shall conform to the
provision of any statute relating to the works and regulations and bye-laws of any local
authority and of any water and lighting companies or undertakings, with whose system the
work is proposed to be connected and shall before making any variation from the drawings
or the specifications that may be necessitated by so confirming give to the Engineer notice
specifying the variation proposed to be made and the reason for making the variation and
shall not carry out such variation until he has received instructions from the Engineer in
respect thereof. The Contractor shall be bound to give all notices required by statute,
regulations or bye-laws as aforesaid and to pay all fees and taxes payable to any authority
in respect thereof.
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(ii) There is no banning of business with the sub-contractor in force over IR.
(b) The Contractor shall provide to the Engineer a copy of the agreement to be entered
into by Contractor with subcontractor. No subcontractor shall be permitted without a
formal agreement between Contractor and subcontractor. This agreement shall
clearly define the scope of work to be carried out by subcontractor and the terms of
payment in clear & unambiguous manner.
(c) On receipt of approval from Chief Engineer, Contractor shall enter into a formal
agreement legally enforceable in Court of Law with subcontractor and submit a copy
of the same to the Engineer.
(d) The Contractor shall intimate to the Engineer not less than 7 days in advance, the
intended date of commencement of subcontractor’s work.
(e) Once having entered into above arrangement, Contractor shall discontinue such
arrangement, if he intends to do so at his own or on the instructions of Railway, with
prior intimation to Chief Engineer.
(f) The Contractor shall indemnify railway against any claim of subcontractor.
(g) The Contractor shall release payment to the Sub-contractor(s) promptly and shall
endeavour to resolve all issues amicably and speedily with the Sub-contractor(s), so
that the execution of work is not affected in any manner whatsoever.
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(j) Further, in case Engineer is of the view that subcontractor’s performance is not
satisfactory, he may instruct the Contractor to remove the subcontractor from the
work and Contractor has to comply with the above instructions with due promptness.
Contractor shall intimate the actual date of discontinuation of subcontract to
Engineer. No claim of Contractor whatsoever on this account shall be entertained by
the Railway and this shall be deemed as ‘excepted matter’ (matter not arbitrable).
(k) The permitted subcontracting of work by the Contractor shall not establish any
contractual relationship between the sub-contractor and the Railway and shall not
relieve the Contractor of any responsibility under the Contract.
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and orders given by the Engineer or the Engineer's representative to the agent shall be
deemed to have the same force as if they had been given to the Contractor. Before
absenting himself, the Contractor shall furnish the name and address of his agent for the
purpose of this clause and failure on the part of the Contractor to comply with this
provision at any time will entitle the Railway to rescind the contract under Clause 62 of
these Conditions.
13. Relics and Treasures: All gold, silver, oil, other minerals of any description, all
precious stones, coins, treasures relics antiquities and other similar things which shall be
found in or upon the site shall be the property of the Railway and the Contractor shall duly
preserve the same to the satisfaction of the Railway and shall from time to time deliver the
same to such person or persons as the Railway may appoint to receive the same.
14. Excavated Material: The Contractor shall not sell or otherwise dispose of or
remove except for the purpose of this contract, the sand, stone, clay ballast, earth, trees,
rock or other substances or materials which may be obtained from any excavation made
for the purpose of the works or any building or produced upon the site at the time of
delivery of the possession thereof but all the substances, materials, buildings and produce
shall be the property of the Railway provided that the Contractor may, with the permission
of the Engineer, use the same for the purpose of the works either free of cost or pay the
cost of the same at such rates as may be determined by the Engineer.
15. Indemnity by Contractors: The Contractor shall indemnify and save harmless
the Railway from and against all actions, suit, proceedings, losses, costs, damages,
charges, claims and demands of every nature and description brought or recovered against
the Railways by reason of any act or omission of the Contractor, his agents or employees,
in the execution of the works or in his guarding of the same. All sums payable by way of
compensation under any of these conditions shall be considered as reasonable
compensation to be applied to the actual loss or damage sustained, and whether or not any
damage shall have been sustained.
16.(1) Security Deposit: The Security Deposit shall be 5% of the contract value. The Bid
Security submitted by the Contractor with his tender will be retained/encashed by the
Railways as part of security for the due and faithful fulfillment of the contract by the
Contractor. Provided further that, if Contractor submits the Cash or Term Deposit Receipt
issued from a Scheduled commercial bank of India or irrevocable Bank Guarantee Bond
from a Scheduled commercial bank of India, either towards the Full Security Depositor the
Part Security Deposit equal to or more than Bid Security, the Railway shall return the Bid
Security, to the Contractor.
Balance of Security Deposit may be deposited by the Contractor in cash or Term Deposit
Receipt issued from Scheduled commercial bank of India or irrevocable Bank Guarantee
bond issued from Scheduled commercial bank of India, or may be recovered at the rate of
6% of the bill amount till the full Security Deposit is recovered. Provided also that in case
of defaulting Contractor, the Railway may retain any amount due for payment to the
Contractor on the pending "on account bills" so that the amounts so retained (including
amount guaranteed through Performance Guarantee) may not exceed 10% of the total
value of the contract.
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The Irrevocable Bank Guarantee submitted towards Security deposit shall be initially valid
up to the stipulated date of Maintenance period plus 60 days and shall be extended from
time to time, depending upon extension of contract granted in terms of Clause 17Aand
17Bof the Standard General Conditions of Contract.
Note: Security Deposit deposited in cash by the Contractor or recovered from the running
bills of a Contractor or submitted by contractor as Term Deposit Receipt(s) can be
refunded/returned to the contractor, in lieu of irrevocable Bank Guarantee bond issued
from scheduled commercial bank of India, to be submitted by him, for an amount equal to
or more than the already available Security Deposit, provided however that, in a contract
of value less than Rs. 50 Crore, such refund/ return of the already available Security
Deposit is permitted up to two times and in a contract of value equal to or more than Rs.
50 Crore, such refund / return of the already available Security Deposit is permitted up to
three times.
16.(2) (i) Refund of Security Deposit: Security Deposit mentioned in sub clause (1)
above shall be returned to the Contractor along with or after, the following:
16. (2) (ii) Forfeiture of Security Deposit: Whenever the contract is rescinded as a whole
under clause 62 (1) of these conditions, the Security Deposit already with railways under
the contract shall be forfeited. However, in case the contract is rescinded in part or parts
under clause 62 (1) of these conditions, the Security Deposit shall not be forfeited.
16.(3) No interest shall be payable upon the Bid Security and Security Deposit or
amounts payable to the Contractor under the Contract, but Government Securities
deposited in terms of Sub-Clause 16.(4)(b) of this clause will be payable with interest
accrued thereon.
16.(4) Performance Guarantee
The procedure for obtaining Performance Guarantee is outlined below:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within
21 (Twenty one) days from the date of issue of Letter of Acceptance (LOA). Extension of
time for submission of PG beyond 21 (Twenty one) days and upto 60 days from the date
of issue of LOA may be given by the Authority who is competent to sign the contract
agreement. However, a penal interest of 12% per annum shall be charged for the delay
beyond 21(Twenty one) days, i.e. from 22ndday after the date of issue of LOA. Further, if
the 60thday happens to be a declared holiday in the concerned office of the Railway,
submission of PG can be accepted on the next working day.
In all other cases, if the Contractor fails to submit the requisite PG even after 60
days from the date of issue of LOA, the contract is liable to be terminated. In case contract
is terminated railway shall be entitled to forfeit Bid Securityand other dues payable to the
contractor against that particular contract, subject to maximum of PG amount. In case a
tenderer has not submitted Bid Securityon the strength of their registration as a Startup
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(iii) The Contract being determined or rescinded under clause 62 of these conditions.
17. Force Majeure Clause: 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 reason of any war, hostility, acts of public enemy, civil commotion,
sabotage, serious loss or damage by fire, explosions, epidemics/pandemics, strikes, lockouts or
acts of God (hereinafter, referred to events) provided, notice of the happening of any such
event is given by either party to the other within 30 days from the date of occurrence thereof,
neither party shall by reason of such event, be entitled to terminate this contract nor shall
either party have any claim for damages against the other in respect of such non-performance
or delay in performance, and works under the contract shall be resumed as soon as practicable
after such event has come to an end or ceased to exist, and the decision of the Engineer as to
whether the works have been so resumed or not shall be final and conclusive, PROVIDED
FURTHER that if the performance in whole or in part of any obligation under this contract is
prevented or delayed by reason of any such event for a period exceeding 120 days, either party
may at its option terminate the contract by giving notice to the other party.
17A Extension of Time in Contracts:(As per Advance Correction Slip No.1 received
through Rly.Board’s Lr.No.2022/CE-I/CT/GCC-2022/Policy Dt.14.7.2022 is applicable or as
per latest correction slips ) Subject to any requirement in the contract as to completion of any
portion or portions of the works before completion of the whole, the Contractor shall fully and
finally complete the whole of the works comprised in the contract (with such modifications as
may be directed under conditions of this contract) by the date entered in the contract or
extended date in terms of the following clauses:
(i) Extension due to Modification: If any modifications have been ordered which in the
opinion of the Engineer have materially increased the magnitude of the work, then such
extension of the contracted date of completion may be granted as shall appear to the
Engineer to be reasonable in the circumstances, provided moreover that the Contractor
shall be responsible for requesting such extension of the date as may be considered
necessary as soon as the cause thereof shall arise.
(ii) Extension for Delay not due to Railway or Contractor: If in the opinion of the
Engineer, the progress of work has any time been delayed by any act or neglect of
Railway's employees or by other Contractor employed by the Railway under Sub-Clause
(4) of Clause 20 of these Conditions or in executing the work not forming part of the
contract but on which Contractor's performance necessarily depends or by reason of
proceeding taken or threatened by or dispute with adjoining or to neighbouring owners
or public authority arising otherwise through the Contractor's own default etc. or by the
delay authorized by the Engineer pending arbitration or in consequences of the
Contractor not having received in due time necessary instructions from the Railway for
which he shall have specially applied in writing to the Engineer or his authorized
representative then upon happening of any such event causing delay, the Contractor
shall immediately give notice thereof in writing to the Engineer within 15 days of such
happening, but shall nevertheless make constantly his best endeavours to bring down or
make good the delay and shall do all that may be reasonably required of him to the
satisfaction of the Engineer to proceed with the works. The Contractor may also indicate
the period for which the work is likely to be delayed and shall be bound to ask for
necessary extension of time.
(iii) Extension for Delay due to Railways: In the event of any failure or delay by the
Railway to hand over the Contractor possession of the lands necessary for the execution
of the works or to give the necessary notice to commence the works or to provide the
necessary drawings or instructions or any other delay caused by the
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Railway due to any other cause whatsoever, then such failure or delay shall in no
way affect or vitiate the contract or alter the character thereof or entitle the
Contractor to damages or compensation therefor, but in any such case, the Railway
may grant such extension or extensions of the completion date as may be considered
reasonable.
The Contractor shall indicate the period for which the work is likely to be delayed and
shall seek extension of time as may be considered necessary under clause 17A(i) or/and 17A(ii) or/
and 17A(iii) above, as soon as the cause thereof shall arise and, in any case, not less than 15 days
before the expiry of the date fixed for completion of the works. The Engineer shall consider the
same and shall grant and communicate such extension of time as in his opinion is reasonable
having regard to the nature and period of delay and the type and quantum of work affected thereby.
No other compensation shall be payable for works so carried forward to the extended period of
time; the same rates, terms and conditions of contract being applicable, as if such extended period
of time was originally provided in the original contract itself.
The non-submission of request for extension or submission of request within less than 15
days before the expiry of the date fixed for completion of the works, shall make him ineligible for
extension under these sub clauses, subject to final decision of Engineer.
17B Extension of Time with Liquidated Damages (LD) for delay due to Contractor: (As
per Advance Correction Slip No.1 received through Rly.Board’s Lr.No.2022/CE-I/CT/GCC-
2022/Policy Dt.14.7.2022 is applicable OR as per latest correction slips )The time for the
execution of the work or part of the works specified in the contract documents shall be deemed to
be the essence of the contract and the works must be completed not later than the date(s) as
specified in the contract. If the Contractor fails to complete the works within the time as specified
in the contract for the reasons other than the reasons specified in Clause 17 and 17A, the Railway
may, if satisfied that the works can be completed by the Contractor within reasonable short time
thereafter, allow the Contractor for further extension of time (Proforma at Annexure-VII) as the
Engineer may decide. On such extension the Railway will be entitled without prejudice to any
other right and remedy available on that behalf, to recover from the Contractor as agreed damages
and not by way of penalty for each week or part of the week, a sum calculated at the rate of
Liquidated damages as decided by Engineer , between 0.05% to 0.3% of Contract value of the
works for each week or part of the week.
For the purpose of this Clause, the contract value of the works shall be taken as value of
work as per contract agreement including any supplementary work order/contract agreement
issued. Provided also, that the total amount of liquidated damages under this condition shall not
exceed 5% of the contract value or of the total value of the item or groups of items of work for
which a separate distinct completion period is specified in the contract.
S.No. Duration of extension of time under Clause 17B Rate of Liquidated Damages
(i) Up to Twenty Five percent of original period of As decided by Engineer, between 0.01% to
completion including period of extension of time 0.05% of contract value for each week or
granted under Section 17A(i) part of the week
(ii) Above Twenty Five percent but upto Fifty 0.10 % of contract value for each week
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(iii) Above Fifty percent of original period of 0.30 % of contract value for each week
completion including period of extension of time or part of the week
granted under Section 17A(i)
Provided further, that if the Railway is not satisfied that the works can be
completed by the Contractor and in the event of failure on the part of the contractor to
complete the work within further extension of time allowed as aforesaid, the Railway shall
be entitled without prejudice to any other right or remedy available in that behalf, to
appropriate the contractor’s Security Deposit and rescind the contract under Clause 62 of
these Conditions, whether or not actual damage is caused by such default.
NOTE:
In a contract, where extension(s) of time have been allowed once under clause 17B,
further request(s) for extension of time under clause 17A can also be considered under
exceptional circumstances. Such extension(s) of time under clause 17A shall be without
any Liquidated damages, but the Liquidated damages already recovered during
extension(s) of time granted previously under clause 17B shall not be waived. However,
Price variation during such extension(s) shall be dealt as applicable for extension(s) of
time under clause 17B.
17C Bonus for Early Completion of Work: In open tenders havingadvertisedvalue more
than Rs.50 crore and original period of completion 12 months or more, when there is no
reduction in original scope of work by more than 10%, and no extension granted on either
railway or Contractor’s account, Contractor shall be entitled for a bonus of 1% for each 30
days early completion of work. The period of less than 30 days shall be ignored while
working out bonus. The maximum bonus shall be limited to 5% of original contract value.
The completion date shall be reckoned as the date of issuance of completion certificate by
Engineer.
18.(1) Illegal Gratification: Any bribe, commission, gift or advantage given, promised
or offered by or on behalf of the Contractor or his partner or agent or servant or anyone on
his behalf, to any officer or employee of the Railwayor to any person on his behalf in
relation to obtaining or execution of this or any other contract with the Railway shall, in
addition to any criminal liability which he may incur, subject Contractor to the rescission
of the contract and all other contracts with the Railway and to the payment of any loss or
damage resulting from such decision and the Railway shall be entitled to deduct the
amounts so payable from the Contractor’s bills/Security Deposit or any other dues of
Contractor with the Government of India.
18.(2) The Contractor shall not lend or borrow from or have or enter into any monitory
dealings or transactions either directly or indirectly with any employee of the Railway and
if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all
other contracts with the Railway. Any question or dispute as to the commission of any
such offence or compensation payable to the Railway under this Clause shall be settled by
the General Manager of the Railway, in such a manner as he shall consider fit & sufficient
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and his decision shall be final & conclusive. In the event of rescission of the contract
under this Clause, the Contractor will not be paid any compensation whatsoever except
payments for the work done upto the date of rescission.
EXECUTION OF WORKS
19.(1) Contractor's understanding: It is understood and agreed that the Contractor
has, by careful examination, satisfied himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity of the materials to be
encountered, the character of equipment and facilities needed preliminary to and during
the progress of the works, the general and local conditions, the labour conditions
prevailing therein and all other matters which can in any way affect the works under the
contract.
19.(2) Commencement of Works: The Contractor shall commence the works within
15 days after the receipt by him of an order in writing to this effect from the Engineer and
shall proceed with the same with due expedition and without delay
19.(3) Accepted Programme of Work: The Contractor who has been awarded the
work shall as soon as possible but not later than 30 days after the date of receipt of the
acceptance letter in respect of contracts with initial completion period of two years or less
or not later than 90 days for other contracts have to submit the detailed programme of
work indicating the time schedule of various items of works in the form of Bar
Chart/PERT/CPM. He shall also submit the details of organisation (in terms of labour and
supervisors), plant and machinery that he intends to utilize (from time to time) for
execution of the work within stipulated date of completion. The programme of work
amended as necessary by discussions with the Engineer, shall be treated as the agreed
programme of the work for the purpose of this contract and the Contractor shall endeavor
to fulfill this programme of work. The progress of work will be watched accordingly and
the liquidated damages will be with reference to the overall completion date. Nothing
stated herein shall preclude the Contractor in achieving earlier completion of item or
whole of the works than indicated in the programme.
In Contracts for works of New Line/Gauge Conversion/Doubling/Railway
Electrification, finalized through Tenders having advertised value more than Rs.100
crores, the Contractor shall submit a detailed time programme to the Engineer within 30
days after issue of LOA. The program shall include the physical and Financial
Progressvis-à-vis program and forecast cash flow adopting Project Management Software
such as Primavera/Sure Track/MS Project etc. The program must identify the
milestones, interface requirements and program reporting elements. The Contractor shall
supply, free of cost one set of authorized software to the Engineer and the soft copy of
structured program for the project. This shall be updated every month. The Contractor
shall also submit a revised programme whenever the previous programme is inconsistent
with actual progress. Each programme shall include:
The order in which the Contractor intends to carry out the Works, including the
anticipated timing of each stage, Contractor’s Documents, procurement,
manufacture of Plant, delivery to Site, construction, erection and testing, each of
these stages for work by each Subcontractor, if any, the sequence and timing of
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inspections and tests specified in the Contract, and a supporting report which
includes:
a general description of the methods which the Contractor intends to adopt, and
of the major stages, in the execution of the Works, and details showing the Contractor’s
reasonable estimate for the number of each class of Contractor’s Personnel &Equipment,
required on the Site for each major stage.Unless the Engineer, within 21 days after
receiving a programme, gives notice to the Contractor stating the extent to which it does
not comply with the Contract, the Contractor shall proceed in accordance with the
programme, subject to his other obligations under the Contract. The Engineer shall be
entitled to rely upon the programme when planning their activities.
If, at any time, the Engineer gives notice to the Contractor that a programme fails (to the
extent stated) to comply with the Contract or to be consistent with actual progress and the
Contractor’s stated intentions, the Contractor shall submit a revised programme to the
Engineer within 15 days in accordance with this Sub-Clause.
19.(4) Setting out of Works: The Contractor shall be responsible for the correct setting
out of all works in relation to original points, lines and levels of reference at his cost. The
Contractor shall execute the work true to alignment, grade, levels and dimensions as
shown in the drawing and as directed by the Engineer's representative and check these at
frequent intervals. The Contractor shall provide all facilities like labour and instruments
and shall co-operate with the Engineer's representative for checking of all alignment,
grades, levels and dimensions. If, at any time, during the progress of the works any error
appear or arise in any part of the work, the Contractor, on being required so to do by the
Engineer's representative shall, at his own cost rectify such errors, to the satisfaction of the
Engineer's representative.
Such checking shall not absolve the Contractor of his own responsibility of maintaining
accuracy in the work. The Contractor shall carefully protect and preserve all bench marks,
sight rails, pegs and other things used in setting out the work.
20.(1) Compliance to Engineer’s Instructions: The Engineer shall direct the sequence
in which the several parts of the works shall be executed and the Contractor shall execute
without delay all orders given by the Engineer from time to time; but the Contractor shall
not be relieved thereby from responsibility for the due performance of the works in all
respects.
20.(2) Alterations to be Authorized: No alterations in or additions to or omissions or
abandonment of any part of the works shall be deemed authorised, except under written
instructions from the Engineer.
20.(3) Extra Works: Should works over and above those included in the contract
require to be executed at the site, the Contractor shall have no right to be entrusted with
the execution of such works which may be carried out by another Contractor or
Contractors or by other means at the option of the Railway.
20.(4) Separate Contracts in Connection with Works: The Railway shall have the
right to let other contracts in connection with the works. The Contractor shall afford other
Contractors reasonable opportunity for the storage of their materials and the execution of
their works and shall properly connect and coordinate his work with theirs. If any part of
the Contractor’s work depends upon proper execution or result upon the work of another
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Contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects
in such works that render it unsuitable for such proper execution and results. The
Contractor's failure so-to inspect and report shall constitute an acceptance of the other
Contractor's work as fit and proper for the reception of his work, except as to defects
which may develop in the other Contractor's work after the execution of his work.
21. Instruction of Engineer's Representative: Any instructions or approval given
by the Engineer's representative to Contractor in connection with the works shall bind the
Contractor as though it had been given by the Engineer provided always as follows:
(a) Failure of the Engineer's representative to disapprove any work or materials shall
not prejudice the power of the Engineer thereafter to disapprove such work or
material and to order the removal or breaking up thereof.
(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer's
representative, he shall be entitled to refer the matter to the Engineer who shall there
upon confirm or vary such decision.
22.(1) Adherence to Specifications and Drawings: The site and the detailed drawings
shall be made available to the contractor commensurate with the accepted programme of
work submitted under clause 19(3). The whole of the works shall be executed in perfect
conformity with the specifications and drawings of the contract. If Contractor performs
any works in a manner contrary to the specifications or drawings or any of them and
without such reference to the Engineer, he shall bear all the costs arising or ensuing
therefrom and shall be responsible for all loss to the Railway.
22.(2) Drawings and Specifications of the Works: The Contractor shall keep one copy
of Drawings and Specifications at the site, in good order, and such contract documents as
may be necessary, available to the Engineer or the Engineer's Representative.
22.(3) Ownership of Drawings and Specifications: All Drawings and Specifications
and copies thereof furnished by the Railway to the Contractor are deemed to be the
property of the Railway. They shall not be used on other works and with the exception of
the signed contract set, shall be returned by the Contractor to the Railway on completion
of the work or termination of the Contract.
22.(4) Compliance with Contractor's Request for Details: The Engineer shall furnish
with reasonable promptness, after receipt by him of the Contractor's request, additional
instructions by means of drawings or otherwise, necessary for the proper execution of the
works or any part thereof. All such drawings and instructions shall be consistent with the
Contract Documents and reasonably inferable there from.
22.(5) Meaning and Intent of Specification and Drawings: If any ambiguity arises as
to the meaning and intent of any portion of the Specifications and Drawings or as to
execution or quality of any work or material, or as to the measurements of the works the
decision of the Engineer thereon shall be final subject to the appeal (within 7 days of such
decision being intimated to the Contractor) to the Chief Engineer who shall have the
power to correct any errors, omissions, or discrepancies in aforementioned items and
whose decision in the matter in dispute or doubt shall be final and conclusive.
23. Working during Night: The Contractor shall not carry out any work between
sun-set and sun-rise without the previous permission of the Engineer. However, if the
Engineer is satisfied that the work is not likely to be completed in time except by resorting
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to night work, he may order the same without confirming any right on the Contractor for
claiming any extra payment for the same.
24. Damage to Railway Property or Private Life and Property: The Contractor
shall be responsible for all risk to the work and for trespass and shall make good at his
own expense all loss or damage whether to the works themselves or to any other property
of the Railway or the lives, persons or property of others from whatsoever cause in
connection with the works until they are taken over by the Railway, although all
reasonable and proper precautions may have been taken by the Contractor. In case the
Railway shall be called upon to make good any costs, loss or damages, or to pay any
compensation, including that payable under the provisions of the Workmen's
Compensation Act or any statutory amendments thereof to any person or persons
sustaining damages as aforesaid by reason of any act, or any negligence or omissions on
the part of the Contractor; the amount of any costs or charges including costs and charges
in connection with legal proceedings, which the Railway may incur in reference thereto,
shall be charged to the Contractor. The Railway shall have the power and right to pay or
to defend or compromise any claim of threatened legal proceedings or in anticipation of
legal proceedings being instituted consequent on the action or default of the Contractor, to
take such steps as may be considered necessary or desirable to ward off or mitigate the
effect of such proceedings, charging to Contractor, as aforesaid; any sum or sums of
money which may be paid and any expenses whether for reinstatement or otherwise which
may be incurred and the propriety of any such payment, defence or compromise, and the
incurring of any such expenses shall not be called in question by the Contractor.
25. Sheds, Storehouses and Yards: The Contractor shall at his own expense provide
himself with sheds, storehouses and yards in such situations and in such numbers as in the
opinion of the Engineer is requisite for carrying on the works and the Contractor shall
keep at each such sheds, storehouses and yards a sufficient quantity of materials and plant
in stock as not to delay the carrying out of the works with due expedition and the Engineer
and the Engineer's representative shall have free access to the said sheds, store houses and
yards at any time for the purpose of inspecting the stock of materials or plant so kept in
hand, and any materials or plant which the Engineer may object to shall not be brought
upon or used in the works, but shall be forthwith removed from the sheds, storehouses or
yards by the Contractor. The Contractor shall at his own expenses provide and maintain
suitable mortar mills, soaking vats or any other equipments necessary for the execution of
the works.
26. Provision of Efficient and Competent Staff at Work Sites by the Contractor:
26.1 The Contractor shall place and keep on the works at all times efficient and
competent staff to give the necessary directions to his workmen and to see that they
execute their work in sound & proper manner and shall employ only such supervisors,
workmen & labourers in or about the execution of any of these works as are careful and
skilled in the various trades.
26.2 The Contractor shall at once remove from the works any agents, permitted sub-
contractor, supervisor, workman or labourer who shall be objected to by the Engineer and
if and whenever required by the Engineer, he shall submit a correct return showing the
names of all staff and workmen employed by him.
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26.3 In the event of the Engineer being of the opinion that the Contractor is not
employing on the works a sufficient number of staff and workmen as is necessary for
proper completion of the works within the time prescribed, the Contractor shall forthwith
on receiving intimation to this effect deploy the additional number of staff and labour as
specified by the Engineer within seven days of being so required and failure on the part
of the Contractor to comply with such instructions will entitle the Railway to rescind the
contract under Clause 62 of these conditions.
26A. Deployment of Qualified Engineers at Work Sites by the Contractor:
26A.1 The Contractor shall also employ qualified Graduate Engineer(s) or equivalent, or
qualified Diploma Engineer(s), as prescribed in the tender documents.
26A.2 In case the Contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he
shall be liable to pay liquidated damages at the rates, as prescribed in the tender
documents.
26A.3 No. of qualified Engineers required to be deployed by the Contractor for various
activities contained in the works contract shall be specified in the tender documents as
‘Special Condition of Contract’.
27.(1) Workmanship and Testing: The whole of the works and/or supply of materials
specified and provided in the contract or that may be necessary to be done in order to form
and complete any part thereof shall be executed in the best and most substantial workman
like manner with materials of the best and most approved quality of their respective kinds,
agreeable to the particulars contained in or implied by the specifications and as referred to
in and represented by the drawings or in such other additional particulars, instructions and
drawings given during the carrying on of the works and to the entire satisfaction of the
Engineer according to the instructions and directions which the Contractors may from
time to time receive from the Engineer. The materials may be subjected to tests by means
of such machines, instruments and appliances as the Engineer may direct and wholly at
the expense of the Contractor.
27.(2) Removal of Improper Work and Materials: The Engineer or the Engineer's
Representative shall be entitled to order from time to time:
(a) The removal from the site, within the time specified in the order, of any materials
which in his opinion are not in accordance with the specifications or drawings.
(b) The substitution of proper and suitable materials, and
(c) the removal and proper re-execution, notwithstanding any previous tests thereof or on
account payments therefor, of any work which in respect of materials or workmanship is
not in his opinion in accordance with the specifications and in case of default on the part
of the Contractor in carrying out such order, the Railway shall be entitled to rescind the
contract under Clause 62 of these conditions.
(d) The provision of Construction and Demolition Waste Management Rule 2016 issued
by Ministry of Environment Forest and Climate Change dated 29.03.2016 and published
in the Gazette of India, Part – II, Section -3, Sub-section (ii) are binding upon the
Contractor. Contractor shall implement these provisions at worksites, for which no extra
payment will be payable.
28. Facilities for Inspection: The Contractor shall afford the Engineer and the
Engineer's Representative every facility for entering in and upon every portion of the work
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at all hours for the purpose of inspection or otherwise and shall provide all labour,
materials, planks, ladders, pumps, appliances and things of every kind required for the
purpose and the Engineer and the Engineer's Representative shall at all times have free
access to every part of the works and to all places at which materials for the works are
stored or being prepared.
29. Examination of Work before Covering Up: The Contractor shall give 7 days’
notice to the Engineer or the Engineer's Representative whenever any work or materials
are intended to be covered up in the earth, in bodies or walls or otherwise to be placed
beyond the reach of measurements in order that the work may be inspected or that correct
dimensions may be taken before being so covered, placed beyond the reach of
measurement in default whereof, the same shall at the option of the Engineer or the
Engineer's Representative be uncovered and measured at the Contractor's expense or no
allowance shall be made for such work or materials.
30. Temporary Works: All temporary works necessary for the proper execution of
the works shall be provided and maintained by the Contractor and subject to the consent of
the Engineer shall be removed by him at his expenses when they are no longer required
and in such manner as the Engineer shall direct. In the event of failure on the part of the
Contractor to remove the temporary works, the Engineer will cause them to be removed
and cost as increased by supervision and other incidental charges shall be recovered from
the Contractor. If temporary huts are provided by the Contractor on the Railway land for
labour engaged by him for the execution of works, the Contractor shall arrange for
handing over vacant possession of the said land after the work is completed; if the
Contractor's labour refuse to vacate, and have to be evicted by the Railway, necessary
expenses incurred by the Railway in connection therewith shall be borne by the
Contractor.
31.(1) Contractor to Supply Water for Works: Unless otherwise provided in the
Contract, the Contractor shall be responsible for the arrangements to obtain supply of
water necessary for the works.
31.(2) Water Supply from Railway System: The Railway may supply to the Contractor
part or whole of the quantity of the water required for the execution of works from the
Railway's existing water supply system at or near the site of works on specified terms and
conditions and at such charges as shall be determined by the Railway and payable by the
Contractor, provided that the Contractor shall arrange, at his own expense, to effect the
connections and lay additional pipelines and accessories on the site and that the Contractor
shall not be entitled to any compensation for interruption of failure of the water supply.
31.(3) Water Supply by Railway Transport: In the event of the Railway arranging
supply of water to the Contractor at or near the site of works by travelling water tanks or
other means, the freight and other charges incurred thereby, including demurrage charges
that may be levied, shall be paid by the Contractor in addition to the charges referred to in
Sub-Clause (2) of the Clause provided that the Contractor shall not be entitled to any
compensation for interruption or failure of the water supply.
31.(4)(a) Contractor to Arrange Supply of Electric Power for Works: Unless
otherwise provided in the contract, the Contractor shall be responsible for arrangements to
obtain supply of Electric Power for the works.
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(b) Electric Supply from the Railway System: The Railway may supply to the
Contractor part or whole of the electric power wherever available and possible, required
for execution of works from the Railway's existing electric supply systems at or near the
site of works on specified terms and conditions and such charges as shall be determined by
the Railway and payable by the Contractor provided the cost of arranging necessary
connections to the Railway's Electric Supply systems and laying of underground/overhead
conductor, circuit protection, electric power meters, transmission structure, shall be borne
by the Contractor and that the Contractor shall not be entitled to any compensation for
interruption or failure of the Electric supply system.
32. Property in Materials and Plant: The materials and plant brought by the
Contractor upon the site or on the land occupied by the Contractor in connection with the
works and intended to be used for the execution thereof shall immediately be deemed to be
the property of the Railway. Such of them as during the progress of the works are rejected
by the Engineer under Clause 25 of these conditions or are declared by him not to be
needed for the execution of the works or such as on the grant of the certificate of
completion remain unused shall immediately on such rejection, declaration or grant cease
to be deemed the property of the Railway and the Contractor may then (but not before)
remove them from the site or the said land. This clause shall not in any way diminish the
liability of the Contractor nor shall the Railway be in any way answerable for any loss or
damage which may happen to or in respect of any such materials or plant either by the
same being lost, stolen, injured or destroyed by fire, tempest or otherwise.
33.(1) Tools, Plant and Materials Supplied by Railway: The Contractor shall take all
reasonable care of all tools, plant and materials or other property whether of a like
description or not belonging to the Railway and committed to his charge for the purpose of
the works and shall be responsible for all damage or loss caused by him, his agents,
permitted sub-contractor, or his workmen or others while they are in his charge. The
Contractors shall sign accountable receipts for tools, plants and materials made over to
him by the Engineer and on completion of the works shall hand over the unused balance of
the same to the Engineer in good order and repair, fair wear and tear excepted, and shall be
responsible for any failure to account for the same or any damage done thereto.
33.(2) Hire of Railway's Plant: The Railway may hire to the Contractor such plant as
concrete mixers, compressors and portable engines for use during execution of the works
on such terms as may be specified in the special conditions or in a separate agreement for
Hire of Plant.
34.(1) Precaution During Progress of Works: During the execution of works, unless
otherwise specified, the Contractor shall at his own cost provide the materials for and
execute all shoring, timbering and strutting works as is necessary for the stability and
safety of all structures, excavations and works and shall ensure that no damage, injury or
loss is caused or likely to be caused to any person or property.
34.(2) Roads and Water Courses: Existing roads or water courses shall not be blocked
cut through, altered, diverted or obstructed in any way by the Contractor, except with the
permission of the Engineer. All compensations claimed for any unauthorized closure,
cutting through, alteration, diversion or obstruction to such roads or water courses by the
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Contractor or his agent or his staff shall be recoverable from the Contractor’s
bills/Security Deposit or any other dues of Contractor with the Government of India.
34.(3) Provision of Access to Premises: During progress of work in any street or
thoroughfare, the Contractor shall make adequate provision for the passage of traffic, for
securing safe access to all premises approached from such street or thoroughfare and for
any drainage, water supply or means of lighting which may be interrupted by reasons of
the execution of the works and shall react and maintain at his own cost barriers, lights and
other safeguards as prescribed by the Engineer, for the regulation of the traffic, and
provide watchmen necessary to prevent accidents. The works shall in such cases be
executed night and day, if so ordered by the Engineer and with such vigour so that the
traffic way be impeded for as short a time as possible.
34.(4) Safety of Public: The Contractor shall be responsible to take all precautions to
ensure the safety of the public whether on public or railway property and shall post such
look out men as may, in the opinion of the Engineer, be required to comply with
regulations appertaining to the work. Contractor shall ensure placement of barricading /
partitions at the place of work to ensure safety of habitants of adjacent area, failing which
Engineer may advise stoppage of work as per his discretion.
34.(5) Display Board: The Contractor shall be responsible for displaying the details of
works i.e. name of work, approximate cost, expected date of completion, name and
address of the Contractor and address of Engineer on a proper steel Board of size not less
than 1m x 1m.
35. Use of Explosives: Explosives shall not be used on the works or on the site by the
Contractor without the permission of the Engineer and then also only in the manner and to
the extent to which such permission is given. Where explosives are required for the works,
they shall be stored in a special magazine to be provided by and at the cost of the
Contractor in accordance with the Explosive Rules. The Contractor shall obtain the
necessary license for the storage and the use of explosives. All operations in which or for
which explosives are employed shall be at the sole risk and responsibility of the
Contractor and the Contractor shall indemnify the Railway in respect thereof.
36.(1) Suspension of Works: The Contractor shall on the order of the Engineer,
suspend the progress of the works or any part thereof for such time or times and in such
manner as the Engineer may consider necessary and shall during such suspension properly
protect and secure the work so far as is necessary in the opinion of the Engineer. If such
suspension is:
(a) Provided for in the contract, or
(b) Necessary for the proper execution of the works or by the reason of weather
conditions or by some default on the part of the Contractor, and or
(c) Necessary for the safety of the works or any part thereof, or
(d) Necessary for the safety of adjoining public or other property or safety of the
public or workmen or those who have to be at the site, or
(e) Necessary to avoid disruption of traffic and utilities, as also to permit fast repair
and restoration of any damaged utilities, or
(f) Due to instruction of The National Green Tribunal or any other statutory
authority due to high level of pollution in the city of worksite.
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36.(2) The Contractor shall not be entitled to the extra costs, if any, incurred by him
during the period of suspension of the works, but in the event of any suspension ordered
by the Engineer for reasons other than aforementioned and when each such period of
suspension exceeds 14 days, the Contractor shall be entitled to such extension of time for
completion of the works as the Engineer may consider proper having regard to the period
or periods of such suspensions and to such compensations as the Engineer may consider
reasonable in respect of salaries or wages paid by the Contractor to his employees during
the periods of such suspension.
36.(3) Suspension Lasting More than 3 Months: If the progress of the works or any
part thereof is suspended on the order of the Engineer for more than three months at a
time, the Contractor may serve a written notice on the Engineer requiring permission
within 15 days from the receipt thereof to proceed with the works or that part thereof in
regard to which progress is suspended and if such permission is not granted within that
time the Contractor by further written notice so served may, but is not bound to, elect to
treat the suspension where it affects part only of the works as an omission of such part or
where it affects the whole of the works, as an abandonment of the contract by the Railway.
37. Rates for Items of Works:
(i) The rates, entered in the accepted Bill(s) of Quantities of the Contract are
intended to provide for works duly and properly completed in accordance with the General
and Special (if any) Conditions of the Contract and the Specifications and drawings
together with such enlargements, extensions, diminutions, reductions, alterations or
additions as may be ordered in terms of Clause 42 of these conditions and without
prejudice to the generality thereof and shall be deemed to include and cover
superintendence and labour, supply, including full freight of materials, stores, patterns,
profiles, moulds, fittings, centerings, scaffolding, shoring props, timber, machinery,
barracks, tackle, roads, pegs, posts, tools and all apparatus and plant required on the
works, except such tools, plant or materials as may be specified in the contract to be
supplied to the Contractor by the Railway, the erection, maintenance and removal of all
temporary works and buildings, all watching, lighting, bailing, pumping and draining, all
prevention of or compensation for trespass, all barriers and arrangements for the safety of
the public or of employees during the execution of works, all sanitary and medical
arrangements for labour camps as may be prescribed by the Railway, the setting of all
work and of the construction, repair and upkeep of all center lines, bench marks and level
pegs thereon, site clearance, all fees duties, royalties, rent and compensation to owners for
surface damage or taxes and impositions payable to local authorities in respect of land,
structures and all material supplied for the work or other duties or expenses for which the
Contractor may become liable or may be put to under any provision of law for the purpose
of or in connection with the execution of the contract and all such other incidental charges
or contingencies as may have been specially provided for in the Specifications.
However, if rates of existing GST or cess on GST for Works Contract is increased
or any new tax /cess on Works Contract is imposed by Statute after the date of opening of
tender but within the original date of completion/date of completion extended under clause
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17 & 17A and the Contractor thereupon properly pays such taxes/cess, the Contractor shall
be reimbursed the amount so paid.
Further, if rates of existing GST or cess on GST for Works Contract is decreased
or any tax/cess on Works Contract is decreased / removed by Statute after the date of
opening of tender, the reduction in tax amount shall be recovered from Contractor’s
bills/Security Deposit or any other dues of Contractor with the Government of India.
38. Demurrage and Wharfage Dues: Demurrage charges calculated in accordance
with the scale in force for the time being on the Railway and incurred by the Contractor
failing to load or unload any goods or materials within the time allowed by the Railway
for loading as also wharfage charges, of materials not removed in time, as also charges due
on consignments booked by or to him shall be paid by the Contractor, failing which such
charges shall be debited to the Contractor's account in the hands of the Railway and shall
be deducted from any sums which may become due to him in terms of the contracts.
39.(1) Rates for Extra Item(s) of Works: (ACS 1 Dt.14.7.2022 is applicable for this )
(a) Standard Schedule of Rates (SSOR) Items: Any item of work carried out by the
Contractor on the instructions of the Engineer which is not included in the accepted Bill(s)
of Quantities but figures in the Standard Schedule of Rates (SSOR), shall be executed at
the rates set forth in the "Standard Schedule of Rates (SSOR)" modified by the tender
percentage as accepted in the contract for that chapter of Standard Schedule of Rates
(SSOR). However, the cumulative value of all such extra item(s) together (modified by the
respective tender percentage) shall not exceed 10 % of the original contract value.
For item(s) not covered in this sub clause, the rate shall be decided as agreed upon
between the Engineer and the Contractor before the execution of such items of work as per
sub clause (b).
(b) Other Items: For any item of work to be carried out by the Contractor but not included
in the accepted Bill(s) of Quantities and also not covered under sub clause (a) above, the
Contractor shall be bound to notify the Engineer at least seven days before the necessity
arises for the execution of such items of works that the accepted Bill(s) of Quantities does
not include rate or rates for such extra work involved. The rates payable for such items
shall be decided at the meeting to be held between the Engineer and Contractor, in as short
a period as possible after the need for the special item has come to the notice. In case the
Contractor fails to attend the meeting after being notified to do so or in the event of no
settlement being arrived at, the Railway shall be entitled to execute the extra works by
other means and the Contractor shall have no claim for loss or damage that may result
from such procedure.
The assessment of rates for extra item(s) shall be arrived at based on the prevailing market
rates of labour, machinery & materials and by taking guidance from the following
documents in order of priority:
i. Analysis of Rates for “Unified Standard Schedule of Rates of Indian Railways
(USSOR)”
ii. Analysis of Rates for “Delhi Schedule of Rates issued by CPWD (DSR)”
iii. Market Analysis
.39.(2) Provided that if the Contractor commences work or incurs any expenditure in
regard thereto before the rates as determined and agreed upon as lastly hereuntofore-
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mentioned, then and in such a case the Contractor shall only be entitled to be paid in
respect of the work carried out or expenditure incurred by him prior to the date of
determination of the rates as aforesaid according to the rates as shall be fixed by the
Engineer. However, if the Contractor is not satisfied with the decision of the Engineer in
this respect, he may appeal to the Chief Engineer within 30 days of getting the decision of
the Engineer, supported by analysis of the rates claimed. The Chief Engineer's decision
after hearing both the parties in the matter would be final and binding on the Contractor
and the Railway.
40.(1) Handing over of Works: The Contractor shall be bound to hand over the works
executed under the contract to the Railway complete in all respects to the satisfaction of
the Engineer. The Engineer shall determine the date on which the work is considered to
have been completed, in support of which his certificate shall be regarded as sufficient
evidence for all purposes. The Engineer shall determine from time to time, the date on
which any particular section of the work shall have been completed, and the Contractor
shall be bound to observe any such determination of the Engineer.
40.(2) Clearance of Site on Completion: On completion of the works, the Contractor
shall clear away and remove from the site all constructional plant, surplus materials,
rubbish and temporary works of every kind and leave the whole of the site and works
clean and in a workman like condition to the satisfaction of the Engineer. No final
payment in settlement of the accounts for the works shall be paid, held to be due or shall
be made to the, Contractor till, in addition to any other condition necessary for final
payment, site clearance shall have been affected by him, and such clearance may be made
by the Engineer at the expense of the Contractor in the event of his failure to comply with
this provision within 7 days after receiving notice to that effect. Should it become
necessary for the Engineer to have the site cleared at the expenses of the Contractor, the
Railway shall not be held liable for any loss or damage to such of the Contractor's property
as may be on the site and due to such removal there from which removal may be affected
by means of public sales of such materials and property or in such a way as deemed fit and
convenient to the Engineer.
40A Offloading of Part(s) of Work ( correction slip dt.27.4.2022 is applicable ) At the final
stage of completion/ commissioning of work, in case the contractor fails to complete the final
part(s) of the work and the value of such part(s) of the work is limited to 5% of the original
contract value,the Engineer may allow/decide for offloading of such part(s) of works, either after
the Contractor’s request in writing to do so or after serving a 14 (Fourteen) days suo-moto notice
(as per annexure- VIIA), if the Engineer is of the opinion that :-
(i) Such Offloading of works (up to 5% of original contract value) would enable successful
completion of contract/work,
(ii) Termination/ Part termination of the contract at this stage is not be in the interest of the
Railway/work;, and
(iii) The anticipated additional cost for execution of such works through other mode would not be
substantial and can be recovered from the pending dues of the contractor;
The Contractor shall be informed, in due course, by the Engineer of the mode and
cost of execution of such offloaded work through other agency(ies)(as per annexure-
VIIB). The extra expenditure so incurred in execution of the offloaded work, shall be
recovered from subsequent Bill(s) or any other dues of the Contractor, but not exceeding
the value of Performance Guarantee available in the contract. There shall be no other
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repercussion of such offloading on execution of the balance contract. The Contractor shall
have no claim on account of above mentioned offloading of works.
VARIATIONS IN EXTENT OF CONTRACT
41. Modification to Contract to be in Writing: In the event of any of the provisions
of the contract required to be modifiedafter the contract documents have been signed, the
modifications shall be made in writing and signed by the Railway and the Contractor and
no work shall proceed under such modifications until this has been done. Any verbal or
written arrangement abandoning, modifying, extending, reducing or supplementing the
contract or any of the terms thereof shall be deemed conditional and shall not be binding
on the Railway unless and until the same is incorporated in a formal instrument and signed
by the Railway and the Contractor, and till then the Railway shall have the right to
repudiate such arrangements.
42.(1) Powers of Modification to Contract: The Engineer on behalf of the Railway shall
be entitled by order in writing to enlarge or extend, diminish or reduce the works or make
any alterations in their design, character position, site, quantities, dimensions or in the
method of their execution or in the combination and use of materials for the execution
thereof or to order any additional work to be done or any works not to be done and the
Contractor will not be entitled, to any compensation for any increase/reduction in the
quantities of work but will be paid only for the actual amount of work done and for
approved materials supplied against a specific order.
42.(2) (i) Unless otherwise specified in the special conditions of the contract, the
accepted variation in quantity of each individual item of the contract would be upto 25%
of the quantity originally contracted, except in case of foundation work (in which no
variation limit shall apply). However, the rates for the increased quantities shall be as per
sub- para (iii) below.
(ii) The Contractor shall be bound to carry out the work at the agreed rates and shall not be
entitled to any claim or any compensation whatsoever upto the limit of 25% variation in
quantity of individual item of works.
(iii) In case an increase in quantity of an individual item by more than 25% of the
agreement quantity is considered unavoidable, then same shall be executed at following
rates
a. Quantities operated in excess of 125% but upto 140% of the agreement
quantity of the concerned item, shall be paid at 98% of the rate awarded for
that item in that particular tender;
b. Quantities operated in excess of 140% but upto 150% of the agreement
quantity of the concerned item shall be paid at 96% of the rate awarded for that
item in that particular tender;
c. Variation in quantities of individual items beyond 150% will be avoided and
would be permitted only in exceptional unavoidable circumstances and shall
be paid at 96% of the rate awarded for that item in that particular tender.
d. Variation to quantities of Minor Value Item:
The limit for varying quantities for minor value items shall be 100% (as
against 25% prescribed for other items). A minor value item for this purpose is
defined as an item whose original agreement value is less than 1 % of the total
original contract value.
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d.(i) Quantities operated upto and including 100% of the agreement quantity of the
concerned minor value item, shall be paid at the rate awarded for that item in that
particular tender;
d.(ii) Quantities operated in excess of 100% but upto 200% of the
agreement quantity of the concerned minor value item, shall be paid at 98% of the rate
awarded for that item in that particular tender;
d.(iii) Variation in quantities of individual minor value item beyond 200%
will be avoided and would be permitted only in exceptional unavoidable circumstances
and shall be paid at 96% of the rate awarded for that item in that particular tender.
(iv) In case of earthwork items, the variation limit of 25% shall apply to the gross quantity
of earthwork items and variation in the quantities of individual classifications of soil shall
not be subject to this limit.
(v) As far as Standard Schedule of Rates (SSOR) items are concerned, the variation limit
of 25% would apply to the value of SSOR schedule(s) as a whole and not on individual
SSOR items. However, in case of Non Standard Schedule of Rates (SSOR)items, the limit
of 25% would apply on the individual items irrespective of the manner of quoting the rate
(single percentage rate or individual item rate).
42.(3) Valuation of Variations: The enlargements, extensions, diminution, reduction,
alterations or additions referred to in Sub-Clause (2) of this Clause shall in no degree
affect the validity of the contract; but shall be performed by the Contractor as provided
therein and be subject to the same conditions, stipulations and obligations as if they had
been originally and expressively included and provided for in the Specifications and
Drawings and the amounts to be paid therefor shall be calculated in accordance with the
accepted Bill(s) of Quantities. Any extra item(s)/quantities of work falling outside the
purview of the provisions of Sub-Clause (2) above shall be paid for at the rates determined
under Clause-39 of these Conditions.
CLAIMS
43.(1) Quarterly Statement of Claims: The Contractor shall prepare and furnish to the
Engineer once in every quarter commencing from the month following the month of issue
of Letter of Acceptance, an account giving full and detailed particulars of all claims for
any additional expenses to which the Contractor may consider himself entitled to and of
all extra or additional works ordered by the Engineer which he has executed during the
preceding quarter and no claim for payment for such work will be considered which has
not been included in such particulars.
43.(2) Signing of "No Claim" Certificate : The Contractor shall not be entitled to
make any claim whatsoever against the Railway under or by virtue of or arising out of this
contract, nor shall the Railway entertain or consider any such claim, if made by the
Contractor, after he shall have signed a "No Claim" Certificate in favour of the Railway in
such form as shall be required by the Railway after the works are finally measured up. The
Contactor shall be debarred from disputing the correctness of the items covered by "No
Claim" Certificate or demanding a clearance to arbitration in respect thereof.
MEASUREMENTS, CERTIFICATES AND PAYMENTS
44. Quantities in Bill(s) of Quantities Annexed to Contract: The quantities set out in
the accepted Bill(s) of Quantities with items of works quantified are the estimated
quantities of the works and they shall not be taken as the actual and correct quantities of
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the work to be executed by the Contractor in fulfillment of his obligations under the
contract.
45(i). Measurement of Works by Railway: The Contractor shall be paid for the works at
the rates in the accepted Bill(s) of Quantities and for extra works at rates determined under
Clause 39 of these Conditions on the measurements taken by the Engineer or the
Engineer's representative in accordance with the rules prescribed for the purpose by the
Railway. The quantities for items the unit of which in the accepted Bill(s) of Quantities is
100 or 1000 shall be calculated to the nearest whole number, any fraction below half being
dropped and half and above being taken as one; for items the unit of which in the accepted
Bill(s) of Quantities is single, the quantities shall be calculated to two places of decimals.
Such measurements will be taken of the work in progress from time to time and at such
intervals as in the opinion of the Engineer shall be proper having regard to the progress of
works. The date and time on which ‘on account’ or ‘final’ measurements are to be made
shall be communicated to the Contractor who shall be present at the site and shall sign the
results of the measurements (which shall also be signed by the Engineer or the Engineer's
representative) recorded in the official measurements book as an acknowledgement of his
acceptance of the accuracy of the measurements. Failing the Contractor's attendance, the
work may be measured up in his absence and such measurements shall, notwithstanding
such absence, be binding upon the Contractor whether or not he shall have signed the
measurement books provided always that any objection made by him to measurement
shall be duly investigated and considered in the manner set out below:
(a) It shall be open to the Contractor to take specific objection to any recorded
measurements or Classification on any ground within seven days of the date of such
measurements. Any re-measurement taken by the Engineer or the Engineer's
representative in the presence of the Contractor or in his absence after due notice has been
given to him in consequence of objection made by the Contractor shall be final and
binding on the Contractor and no claim whatsoever shall thereafter be entertained
regarding the accuracy and Classification of the measurements.
(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the
Contractor shall be liable to pay the actual expenses incurred in measurements.
45(ii).Measurement of Works by Contractor’s Authorized Representative (in case the
contract provides for the same):
(a) The Contractor shall be paid for the works at the rates in the accepted Bill(s) of
Quantities and for extra works at rates determined under Clause 39 of these Conditions on
the measurements taken by the Contractor’s authorized Engineer in accordance with the
rules prescribed for the purpose by the Railway. The quantities for items the unit of which
in the accepted Bill(s) of Quantities is 100 or 1000 shall be calculated to the nearest whole
number, any fraction below half being dropped and half and above being taken as one; for
items the unit of which in the accepted Bill(s) of Quantities is single, the quantities shall
be calculated to two places of decimals. Such measurements will be taken of the work in
progress from time to time. The date and time on which ‘on account’ or ‘final’
measurements are to be made shall be communicated to the Engineer.
The date and time of test checks shall be communicated to the Contractor who shall
be present at the site and shall witness the test checks, failing the Contractor’s attendance
the test checks may be conducted in his absence and such test checks shall not
withstanding such absence be binding upon Contractor provided always that any objection
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made by Contractor to test check shall be duly investigated and considered in the manner
set out below:
(i) It shall be open to the Contractor to take specific objection to test checks of any
recorded measurement within 7 days of date of such test checks. Any re-test check
done by the concerned Railway’s authority in the presence of the Contractor or in
his absence after due notice given to him in consequent of objection made by the
Contractor shall be final and binding on the Contractor and no claim whatsoever
shall thereafter be entertained regarding the accuracy and classification of the
measurements.
(ii) If an objection raised by the Contractor is found by the Engineer to be incorrect the
Contractor shall be liable to pay the actual expenses incurred in measurements.
evidence of any facts stated in or to be inferred from such accounts nor of any particular
quantity of work having been executed nor of the manner of its execution being
satisfactory.
46.(4) If payment(s) of Advances are applicable in the contract, as mentioned in the
Tender Documents, Railway shall make payment(s) of Interest bearing advances, on the
request of contractor. The payment and recovery of such Advances shall be made as
under:
(a): Mobilisation Advance –
This shall be limited to 10% of the Contract value and shall be paid in 2 stages :
Stage 1– 5% of Contract Value on signing of the contract agreement.
Stage 2 – 5% on mobilization of site-establishment, setting up offices, bringing in
equipment and actual commencement of work.
The stage 1 of advance shall be payable immediately after signing of contract agreement.
The stage 2 of advance shall be payable at the time of mobilisation, only after submission
of an utilization certificate by the contractor that the Stage 1 advance has been properly
utilized in the contract.
These Advances shall be payable against irrevocable guarantee (Bank Guarantee, FDRs)
from a scheduled commercial bank of Indiaof at least 110% of the value of the
sanctioned advance amount (covering principal plus interest).
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Interest shall be recovered on the advance outstanding for the period commencing
from the date of payment of advance till date of particular on-account bill (through
which recovery of principal is effected) and adjusted fully against on-account bill
along with pro-rata principal recovery. In the event of any short-fall, the same shall be
carried forward to the next on-account bill and shall attract interest.
(ii) The advances shall be used by the Contractor for the purpose of the Contract, and
for the purpose for which they are paid. Under no circumstances, shall the advances
be diverted for other purposes. Any such diversion shall be construed as a breach of
the Contract and the Contractor shall be asked to return the advance at once and pay
interest at 15% per annum till the advance is recovered back from him. The
Contractor shall return the advance and pay the interest in one go without demur. The
Contractor, if required by the Engineer shall provide the details of utilisation of
Mobilisation advance.
(iii) If the Contractor is found to have contravened the provision, it will constitute a
breach of contract and Railway shall be entitled to terminate the contract and forfeit
his Performance Guarantee as well as Security Deposit.
(iv) In cases, where the Contract is rescinded as per clause 62 of the contract or short
closed under any other condition(s) of the contract, without making full recovery of
advances and accrued interest thereon, by the Railway, such balance of advances and
accrued interest thereon shall immediately become due and payable by the Contractor
to the Railway. The same shall be recovered from any due of Contractor with the
Government of India.
46.(5) Manner of Payment: Unless otherwise specified payments to the Contractor
will be transferred electronically to his bank account.
46A. Price Variation Clause (PVC): (corrections As per Advance Correction
Slip No.1 received through Rly.Board’s Lr.No.2022/CE-I/CT/GCC-2022/Policy
Dt.14.7.2022 are applicable for this clause )
46A.1 Applicability:Price Variation Clause (PVC) shall be applicable only in tender having
advertised valueabove Rs. 2 Crores. Provided further that, in a contract where PVC is applicable,
following shall be outside the purview of price adjustments (i.e. shall be excluded from the gross
value of the work for the purpose of price variation) :
a) Materials supplied by Railway to the Contractors, either free or at fixed rate;
b) Any extra item(s) included in subsequent variation falling outside the purview of the Bill(s)
of Quantitiesof tender, under clause 39. (1)(b)ofthese Standard General Conditions, unless
applicability of PVC and ‘Base Month’ has been specially agreed, while fixing the rates of
such extra item(s).
46A.2 Base Month: The Base Month for ‘Price Variation Clause’ shall be taken as the one month
prior to closingof tender, unless otherwise stated elsewhere. The quarter for applicability of PVC
shall commence from the month following the Base month. The Price Variation shall be based on
the average Price Index of the quarter under consideration.
46A.3 Validity:
Rates accepted by Railway Administration shall hold good till completion of work and no additional
individual claim shall be admissible except:
(a) Payment/recovery for increase/decrease in GST on works contract or imposition/removal of
any tax/cess on Works Contract as per Clause 37,
(b) Payment/recovery for overall market situation as per Price Variation Clause given hereunder.
46A.4 Components of various items in a contract on which variation in prices be admissible, shall be
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steel, cement, ferrous material, non-ferrous material, insulators, zinc and other materials, labour,
plant & machinery, fuel, explosives, detonators etc. Adjustment for variation in prices of these items
shall be determined in the manner prescribed.
46A.5No price variation shall be admissible for fixed components.
46A.6 The percentages of various components in various type of works shall be as specified for all
item (s)/ Bill(s) of Quantities in tender document and the same shall be fixed as per table &
classifications given below:
Classification
3D,4D,5D,6D,
3E,4E,5E,6E,
6C, 8C &9C
6B 8B& 9B
1A,2 & 3A
8D& 9D
8E & 9E
S
4A
5A
6A
8A
9A
7
N
Components
1 Fixed * 15 15 15 15 15 15 15 15 15 15 15
2 Labour Lc 20 25 30 20 50 20 20 0 0 10 25
3 Steel Sc 0 0 0 0 0 0 0 85 0 50 0
4 Cement Cc 0 0 15 0 0 0 0 0 85 0 0
5 PlantM
achinery PMc 30 15 5 20 15 20 30 0 0 10 30
&Spares
6 Fuel&Lu
Fc 25 15 5 15 15 20 15 0 0 10 20
bricants
7 Other
Mc 10 15 30 30 5 25 20 0 0 5 10
material
8 Detonator
s&Explosiv Ec 0 15 0 0 0 0 0 0 0 0 0
e
Total 100 100 100 100 100 100 100 100 100 100 100
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5 Building Works
5A All Item(s) excluding 5B or/and 5C or/and 5D or/and 5E
5B Item(s) for supply of Steel
5C Item(s) for supply of Cement
5D Item(s) for Fabrication & Erection of Structures including supply of Steel
5E Item(s) for Fabrication & Erection of Structures excluding supply of Steel.
6 Bridges & Protection work
6A All Item(s) excluding 6B or/and 6C or/and 6D or/and 6E
6B Item(s) for supply of Steel
6C Item(s) for supply of Cement
6D Item(s) for Fabrication, Assembly, Erection& Launching of Girders including supply of Steel
6E Item(s) for Fabrication, Assembly, Erection &Launching of Girders excluding supply of Steel
46A.7 Formulae: The Amount of variation in prices in various components (labour, material etc.) shall be worked out
by the following formulae:
(i) L = (W or WS or WC or WSF or WF or WSFL or WFL) x (LQ – LB) x LC
LB x 100
(ii) M = (W or WSF or WF or WSFL or WFL) x (MQ – MB) x MC
MB x100
(iii) F = (W or WS or WC or WSF or WF or WSFL or WFL) x (FQ – FB) x FC
FB x 100
(iv) E = (W or WS or WC or WSF or WF or WSFL or WFL) x (EQ – EB) x EC
EB x100
(v) PM = (W or WS or WC or WSF or WF or WSFL or WFL) x(PMQ-PMB) x PMC
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PMB x 100
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Telecomm inventory
Works
Telecommunication
Signalling Works
Commissioning
Commissioning
Works
Component
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2. All types and sizes of angles, Average of per tonne rates of ‘Angle 75x75x6mm, Mild
channels and joists Steel Plate 10mm thickness and Channel 150x75mm;
confirming IS2062, E250 Gr “A”
3. All types and sizes of plates Average of per tonne rates of ‘MS Plates 10mm
thickness and 25mm thickness; confirming IS2062,
E250 Gr “A”
4. Any other section of steel not Average of price for the 3 categories covered under SL
covered in the above categories 1, 2 & 3 in this table.
(2). Relevant city for referring “JPC (Joint Plant Committee)”rates of steel items (SQ /SB) in
different Zonal Railways shall be as under :
SL City Railway
1. Delhi Northern , North Central, North Eastern, North Western
2. Kolkata Eastern, East Central, East Coast, Northeast Frontier, South Eastern,
Southeast Central
3. Mumbai Central, Western, West Central
4. Chennai Southern, South Central&South Western
46A.10 Price Variation during Extended Period of Contract
The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto
the stipulated date of completion of work including the extended period of completion where such
extension has been granted under Clause 17A of the Standard General Conditions of Contract.
However, where extension of time has been granted due to Contractor’s failure under Clause 17B of
the Standard General Conditions of Contract, price adjustment shall be done as follows:
a. In case the indices increase above the indices applicable to the last month of original
completion period or the extended period under Clause 17A, the price adjustment for the
period of extension granted under Clause 17B shall be limited to the amount payable as per
the Indices applicable to the last month of the original completion period or the extended
period under Clause 17A of the Standard General Conditions of Contract; as the case may be.
b. In case the indices fall below the indices applicable to the last month of original/ extended
period of completion under Clause 17A, as the case may be; then the lower indices shall be
adopted for the price adjustment for the period of extension under Clause 17B of the
Standard General Conditions of Contract.
47. Maintenance of Works: The Contractor shall at all times during the progress and
continuance of the works and also for the period of maintenance specified in the Tender
Form after the date of issue of the certificate of completion by the Engineer or any other
earlier date subsequent to the completion of the works that may be fixed by the Engineer,
be responsible for and effectively maintain and uphold in good substantial, sound and
perfect condition all and every part of the works and shall make good from time to time
and at all times as often as the Engineer shall require, any damage or defect that may
during the above period arise in or be discovered or be in any way connected with the
works, provided that such damage or defect is not directly caused by errors in the contract
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documents, act of providence or insurrection or civil riot, and the Contractor shall be liable
for and shall pay and make good to the Railway or other persons legally entitled thereto
whenever required by the Engineer so to do, all losses, damages, costs and expenses they
or any of them may incur or be put or be liable to by reasons or in consequence of the
operations of the Contractor or of his failure in any respect.
48.(1) Certificate of Completion of Works: As soon as in the opinion of the Engineer,
the work has been completed and has satisfactorily passed any final test or tests that may
be prescribed, the Engineer shall issue a certificate of completion duly indicating the date
of completion in respect of the work and the period of maintenance of the work shall
commence from the date of completion mentioned in such 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 Contractor and that there is no due from
the Contractor to Railways against the contract concerned.
The Engineer may also issue such a certificate indicating date of completion with respect
to any part of the work (before the completion of the whole of work), which has been both
completed to the satisfaction of the Engineer and occupied or used by the Railway. When
any such certificate is given in respect of part of a work, such part shall be considered as
completed and the period of maintenance of such part shall commence from the date of
completion mentioned in the completion certificate issued for that part of the work.
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The Competent Authority to issue above Maintenance Certificate 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 Contractor
and that there is no due from the Contractor to Railways against the contract concerned
50.(2) Cessation of Railway’s Liability: The Railway shall not be liable to the
Contractor for any matter arising out of or in connection with the contract for execution of
the works unless the Contractor has made a claim in writing in respect thereof before the
issue of the Maintenance Certificate under this clause.
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Railway for or in the respect of damage or loss by from or in consequence of the works,
have been satisfied agreeably and in conformity with the contract.
51.(2) Post Payment Audit: It is an agreed term of contract that the Railway reserves
to itself the right to carry out a post-payment audit and/ or technical examination of the
works and the Final Bill including all supporting vouchers, abstracts etc. and to make a
claim on the Contractor for the refund of any excess amount paid to him till the release of
security deposit or settlement of claims, whichever is later, if as a result of such
examination any over-payment to him is discovered to have been made in respect of any
works done or alleged to have been done by him under the contract.
51-A. Production of Vouchers etc. by the Contractor:
(i) For a contract of more than one crore of rupees, the Contractor shall, whenever
required, produce or cause to be produced for examination by the Engineer any quotation,
invoice, cost or other account, book of accounts, voucher, receipt, letter, memorandum,
paper of writing or any copy of or extract from any such document and also furnish
information and returns verified in such manner as may be required in any way relating to
the execution of this contract or relevant for verifying or ascertaining cost of execution of
this contract (the decision of the Engineer on the question of relevancy of any documents,
information or return being final and binding in the parties). The Contractor shall similarly
produce vouchers etc., if required to prove to the Engineer, that materials supplied by him,
are in accordance with the specifications laid down in the contract.
(ii) If any portion of the work in a contract of value more than one crore of rupees be
carried out by a sub-contractor or any subsidiary or allied firm or company (as per Clause
7 of the Standard General Conditions of Contract), the Engineer shall have power to
secure the books of such sub-contract or any subsidiary or allied firm or company, through
the Contractor, and such books shall be open to his inspection.
(iii) The obligations imposed by Sub Clause (i) & (ii) above is without prejudice to the
obligations of the Contractor under any statute rules or orders binding on the Contractor.
52. Withholding and Lien in Respect of Sums Claimed: Whenever any claim or
claims for payment of a sum of money arises out of or under the contract against the
Contractor, the Railway shall be entitled to withhold and also have a lien to retain such
sum or sums in whole or in part from the security, if any, deposited by the Contractor and
for the purpose aforesaid, the Railway shall be entitled to withhold the said cash Security
Deposit or the Security if any, furnished as the case may be and also have a lien over the
same pending finalization or adjudication of any such claim. In the event of the security
being insufficient to cover the claimed amount or amounts or if no security has been taken
from the Contractor, the Railway shall be entitled to withhold and have a lien to the extent
of the such claimed amount or amounts referred to supra, from any sum or sums found
payable or which at any time thereafter may become payable to the Contractor under the
same contract or any other contract with this or any other Railway or any Department of
the Central Government pending finalization or adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above, by the Railway will be kept withheld or retained
as such by the Railways till the claim arising out of or under the contract is determined by
the arbitrator (if the contract governed by the Arbitration Clause) or by the competent
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court as the case may be and that the Contractor will have no claim for interest or damages
whatsoever on any account in respect of such withholding or retention under the lien
referred to supra and duly notified as such to the Contractor. For the purpose of this
clause, where the Contractor is a partnership firm or a company, the Railway shall be
entitled to withhold and also have a lien to retain towards such claimed amount or amounts
in whole or in part from any sum found payable to any partner / company, as the case may
be whether in his individual capacity or otherwise.
(iii) It is an agreed term of the contract that the sum of money so withheld or retained
under this Clause by the Railway will be kept withheld or retained as such by the Railway
till the claim arising out of or under any other contract is either mutually settled or
determined by arbitration, if the other contract is governed by Arbitration Clause or by the
competent court as the case may be and Contractor shall have no claim for interest or
damages whatsoever on this account or on any other ground in respect of any sum of
money withheld or retained under this Clause and duly notified as such to the Contractor.
53. Signature on Receipts for Amounts: Every receipt for money which may become
payable or for any security which may become transferable to the Contractors under these
presents, shall, if signed in the partnership name by anyone of the partners of a
Contractor's firm be a good and sufficient discharge to the Railway in respect of the
moneys or security purported to be acknowledged thereby and in the event of death of any
of the Contractor, partners during the pendency of the contract, it is hereby expressly
agreed that every receipt by anyone of the surviving Contractor partners shall if so signed
as aforesaid be good and sufficient discharge as aforesaid provided that nothing in this
Clause contained shall be deemed to prejudice or effect any claim which the Railway may
hereafter have against the legal representative of any Contractor partner so dying for or in
respect to any breach of any of the conditions of the contract, provided also that nothing in
this clause contained shall be deemed to prejudice or effect the respective rights or
obligations of the Contractor partners and of the legal representatives of any deceased
Contractor partners interse.
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LABOUR
54. Wages to Labour: The Contractor shall be responsible to ensure compliance with the
provision of the Minimum Wages Act, 1948 (hereinafter referred to as the “said Act”) and
the Rules made thereunder in respect of any employees directly or through petty
Contractors or sub-contractors employed by him for the purpose of carrying out this
contract.
If, in compliance with the terms of the contract, the Contractor supplied any
labour to be used wholly or partly under the direct orders and control of the Railways
whether in connection with any work being executed by the Contractor or otherwise for
the purpose of the Railway such labour shall, for the purpose of this Clause, still be
deemed to be persons employed by the Contractor. If any moneys shall, as a result of any
claim or application made under the said Act be directed to be paid by the Railway, such
money shall be deemed to be moneys payable to the Railway by the Contractor and on
failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within
seven days after the same shall have been demanded, the Railways shall be entitled to
recover the same from Contractor’s bills/Security Deposit or any other dues of Contractor
with the Government of India.
54-A. Apprentices Act: The Contractor shall be responsible to ensure compliance with
the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder
from time to time in respect of apprentices directly or through petty Contractors or sub-
contractors employed by him for the purpose of carrying out the Contract.
If the Contractor directly or through petty Contractors or sub-contractors fails to
do so, his failure will be a breach of the contract and the Railway may, in its discretion,
rescind the contract. The Contractor shall also be liable for any pecuniary liability arising
on account of any violation of the provisions of the Act.
55. Provisions of Payments of Wages Act: The Contractor shall comply with the
provisions of the Payment of Wages Act, 1936 and the rules made thereunder in respect of
all employees employed by him either directly or through petty Contractors or sub-
contractors in the works. If in compliance with the terms of the contract, the Contractor
directly or through petty Contractors or sub-contractors shall supply any labour to be used
wholly or partly under the direct orders and control of the Engineer whether in connection
with the works to be executed hereunder or otherwise for the purpose of the Engineer,
such labour shall nevertheless be deemed to comprise persons employed by the Contractor
and any moneys which may be ordered to be paid by the Engineer shall be deemed to be
moneys payable by the Engineer on behalf of the Contractor and the Engineer may on
failure of the Contractor to repay such money to the Railways deduct the same from any
moneys due to the Contractor in terms of the contract. The Railway shall be entitled to
recover the same from Contractor’s bills/Security Deposit or any other dues of Contractor
with the Government of India all moneys paid or payable by the Railway by way of
compensation of aforesaid or for costs of expenses in connection with any claim thereto
and the decision of the Engineer upon any question arising out of the effect or force of this
Clause shall be final and binding upon the Contractor.
55-A. Provisions of Contract Labour (Regulation and Abolition) Act, 1970:
55-A.(1) The Contractor shall comply with the provision of the contract labour
(Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition)
Central Rules 1971 as modified from time to time, wherever applicable and shall also
indemnify the Railway from and against any claims under the aforesaid Act and the Rules.
55-A.(2) The Contractor shall obtain a valid license under the aforesaid Act as modified
from time to time before the commencement of the work and continue to have a valid
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license until the completion of the work. Any failure to fulfill the requirement shall attract
the penal provision of the Act.
55-A.(3) The Contractor shall pay to the labour employed by him directly or through
sub-contractors the wages as per provision of the aforesaid Act and the Rules wherever
applicable. The Contractor shall notwithstanding the provisions of the contract to the
contrary, cause to be paid the wages to labour, indirectly engaged on the works including
any engaged by sub-contractors in connection with the said work, as if the labour had been
immediately employed by him.
55-A.(4) In respect of all labour directly or indirectly employed in the work for
performance of the Contractor's part of the contract, the Contractor shall comply with or
cause to be complied with the provisions of the aforesaid Act and Rules wherever
applicable.
55-A.(5) In every case in which, by virtue of the provisions of the aforesaid Act or the
rules, the Railway is obliged to pay any amount of wages to a workman employed by the
Contractor or his sub-contractor in execution of the work or to incur any expenditure on
account of the contingent, liability of the Railway due to the Contractor's failure to fulfill
his statutory obligations under the aforesaid Act or the rules, the Railway will recover
from the Contractor, the amount of wages so paid or the amount of expenditure so
incurred and without prejudice to the rights of the Railway under the Section 20, Sub-
Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at
liberty to recover such amount or part thereof from Contractor’s bills/Security Deposit or
any other dues of Contractor with the Government of India. The Railway shall not be
bound to contest any claim made against it under Sub-Section (1) of Section 20 and Sub-
Section (4) of Section 21 of the aforesaid Act except on the written request of the
Contractor and upon his giving to the Railway full security for all costs for which the
Railway might become liable in contesting such claim. The decision of the Chief Engineer
regarding the amount actually recoverable from the Contractor as stated above shall be
final and binding on the Contractor.
55-B.Provisions of Employees Provident Fund and Miscellaneous Provisions Act,
1952:The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees
Provident Fund Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and Para
7 & 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to
time through enactment of “Employees Provident Fund & Miscellaneous Provisions Act,
1952”, wherever applicable and shall also indemnify the Railway from and against any
claims under the aforesaid Act and the Rules.
55-C (i) Contractor is to abide by the provisions of various labour laws in terms of above
clause 54, 55, 55-A and 55-B of the Standard General Conditions of Contract. In order to
ensure the same, an application has been developed and hosted on website
‘www.shramikkalyan.indianrailways.gov.in’. Contractor shall register his firm/company
etc. and upload requisite details of labour and their payment in this portal. These details
shall be available in public domain. The registration/ updationin Portal shall be done as
under:
(a) Contractor shall apply for onetime registration of his company/firm etc. in the
Shramikkalyan portal with requisite details subsequent to issue of Letter of
Acceptance. Engineer shall approve the contractor’s registration in the portal
within 7 days of receipt of such request.
(b) Contractor once approved by any Engineer, can create password with login ID
(PAN No.) for subsequent use of portal for all Letter of Acceptances (LoAs)
issued in his favour.
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(c) The contractor once registered on the portal, shall provide details of his Letter of
Acceptances (LoAs) / Contract Agreements on shramikkalyan portal within 15
days of issue of any LoA for approval of concerned Engineer. Engineer shall
update (if required) and approve the details of LoA filled by contractor within 7
days of receipt of such request.
(d) After approval of LoA by Engineer, contractor shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage
payment to them on shramikkalyan portal on monthly basis.
(e) It shall be mandatory upon the contractor to ensure correct and prompt uploading
of all salient details of engaged contractual labour & payments made thereof after
each wage period.
(ii) While processing payment of any ‘On Account Bill’ or ‘Final Bill’ or release of
‘Advances’ or ‘Performance Guarantee / Security Deposit’, contractor shall submit a
certificate to the Engineer or Engineer’s representatives that “I have uploaded the correct
details of contract labours engaged in connection with this contract and payments made to
them during the wage period in Railway’s Shramikkalyan portal at
‘www.shramikkalyan.indianrailways.gov.in’ till ____Month, ____Year.”
55-D. Provisions of “The Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996” and “The Building and Other
Construction Workers’ Welfare Cess Act, 1996”:
The tenderers, for carrying out any construction work, shall get themselves registered with
the Registering Officer under Section-7 of the Building and Other Construction Workers
Act, 1996 and Rules made thereto by the concerned State Govt., and submit Certificate of
Registration issued by Registering Officer of the concerned State Govt. (Labour Dept.).
The Cess shall be deducted from contractor’s bills as per provisions of the Act.
56. Reporting of Accidents: The Contractor shall be responsible for the safety of all
employees directly or through petty Contractors or sub-contractor employed by him on the
works and shall report serious accidents to any of them however and wherever occurring
on the works to the Engineer or the Engineers Representative and shall make every
arrangement to render all possible assistance.
57. Provision of Workmen’s Compensation Act: In every case in which by virtue
of the provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act
1923, Railway is obliged to pay compensation to a workman directly or through petty
Contractor or sub-contractor employed by the Contractor in executing the work, Railway
will recover from the Contractor the amount of the compensation so paid, and, without
prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act,
Railway shall be at liberty to recover such amount or any part thereof from Contractor’s
bills/Security Deposit or any other dues of Contractor with the Government of India.
Railway shall not be bound to contest any claim made against it under Section 12 Sub-
Section (1) of the said Act except on the written request of the Contractor and upon his
giving to Railway full security for all costs for which Railway might become liable in
consequence of contesting such claim.
57-A. Provision of Mines Act: The Contractor shall observe and perform all the
provisions of the Mines Act, 1952 or any statutory modifications or re-enactment thereof
for the time being in force and any rules and regulations made thereunder in respect of all
the persons directly or through the petty Contractors or sub-contractors employed by him
under this contract and shall indemnify the Railway from and against any claims under the
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Mines Act, or the rules and regulations framed thereunder, by or on behalf of any persons
employed by him or otherwise.
58. Railway not to Provide Quarters for Contractors: No quarters shall normally
be provided by the Railway for the accommodation of the Contractor or any of his staff
employed on the work. In exceptional cases where accommodation is provided to the
Contractor at the Railway's discretion, recoveries shall be made at such rates as may be
fixed by the Railway for the full rent of the buildings and equipments therein as well as
charges for electric current, water supply and conservancy.
59.(1) Labour Camps: The Contractor shall at his own expense make adequate
arrangements for the housing, supply of drinking water and provision of latrines and
urinals for his staff and workmen, directly or through the petty Contractors or sub-
contractors and for temporary creche (Bal-Mandir) where 50 or more women are
employed at a time. Suitable sites on Railway land, if available, may be allotted to the
Contractor for the erection of labour camps, either free of charge or on such terms and
conditions that may be prescribed by the Railway. All camp sites shall be maintained in
clean and sanitary conditions by the Contractor at his own cost.
59.(2) Compliance to Rules for Employment of Labour: The Contractor(s) shall
conform to all laws, bye-laws rules and regulations for the time being in force pertaining
to the employment of local or imported labour and shall take all necessary precautions to
ensure and preserve the health and safety of all staff employed directly or through petty
contractors or sub-contractors on the works.
59.(3) Preservation of Peace: The Contractor shall take requisite precautions and use
his best endeavours to
(i) Prevent any riotous or unlawful behaviour by or amongst his workmen and other
employed directly or through the petty Contractors or sub-contractors on the works and for
the preservation of peace and protection of the inhabitants and
(ii) Security of property in the neighbourhood of the works. In the event of the Railway
requiring the maintenance of a Special Police Force at or in the vicinity of the site during
the tenure of works, the expenses thereof shall be borne by the Contractor and if paid by
the Railway shall be recoverable from the Contractor.
59.(4) Sanitary Arrangements: The Contractor shall obey all sanitary rules and carry
out all sanitary measures that may from time to time be prescribed by the Railway Medical
Authority and permit inspection of all sanitary arrangements at all times by the Engineer,
the Engineer's Representative or the Medical Staff of the Railway. Should the Contractor
fail to make the adequate sanitary arrangements, these will be provided by the Railway
and the cost thereof recovered from the Contractor.
59.(5) Outbreak of Infectious Disease: The Contractor shall remove from his camp
such labour and their families as refuse protective inoculation and vaccination when called
upon to do so by the Engineer or the Engineer's Representative on the advice of the
Railway Medical Authority. Should cholera, plague, or other infectious disease break out,
the Contractor shall burn the huts, beddings, clothes and other belongings of or used by the
infected parties and promptly erect new huts on healthy sites as required by the Engineer,
failing which within the time specified in the Engineer's requisition, the work may be done
by the Railway and the cost thereof recovered from the Contractor.
59.(6) Treatment of Contractor's Staff in Railway Hospitals: The Contractor and his
staff, other than labourers and their families requiring medical aid from the railway
hospital and dispensaries will be treated as private patients and charged accordingly. The
Contractors' labourers and their Families will be granted free treatment in railway
hospitals and dispensaries where no other hospitals or dispensaries are available provided
the Contractor pays the cost of medicines, dressing and diet money according to the
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normal scale and additional charges for special examinations such as pathological and
bacteriological examination, X-Ray, etc. and for surgical operation.
59. (7) Medical Facilities at Site: The Contractor shall provide medical facilities at the
site as may be prescribed by the Engineer on the advice of the Railway Medical Authority
in relation to the strength of the Contractor's resident staff and workmen.
59. (8) Use of Intoxicants: The sale of ardent spirits or other intoxicating beverages
upon the work or in any of the buildings, encampments or tenements owned, occupied by
or within the control of the Contractor or any of his employees shall be forbidden and the
Contractor shall exercise his influence and authority to the utmost extent to secure strict
compliance with this condition.
59.(9) Restrictions on the Employment of Retired Engineers of Railway Services
Within One Year of their Retirement: The Contractor shall not, if he is a retired
Government Engineer of Gazetted rank, himself engage in or employ or associate a retired
Government Engineer of Gazetted rank, who has not completed one year from the date of
retirement, in connection with this contract in any manner whatsoever without obtaining
prior permission of the President and if the Contractor is found to have contravened this
provision it will constitute a breach of contract and administration will be entitled to
terminate the contract and forfeit his Performance Guarantee as well as Security Deposit.
60.(1) Non-Employment of Labourers below the age of 15: The Contractor shall not
employ children below the age of 15 as labourers directly or through petty Contractors or
sub-contractors for the execution of work.
60.(2) Medical Certificate of Fitness for Labour: It is agreed that the Contractor shall
not employ a person above 15 and below 19 years of age for the purpose of execution of
work under the contract unless a medical certificate of fitness in the prescribed form
(Proforma at Annexure-VIII) granted to him by a certifying surgeon certifying that he is fit
to work as an adult, is obtained and kept in the custody of the Contractor or a person
nominated by him in this behalf and the person carries with him, while at work; a token
giving a reference to such certificate. It is further agreed that the responsibility for having
the adolescent examined medically at the time of appointment or periodically till he attains
the age of 19 years shall devolve entirely on the Contractor and all the expenses to be
incurred on this account shall be borne by him and no fee shall be charged from the
adolescent or his parent for such medical examination.
60.(3) Period of Validity of Medical Fitness Certificate: A certificate of fitness
granted or renewed for the above said purposes shall be valid only for a period of one year
at a time. The certifying surgeon shall revoke a certificate granted or renewed if in his
opinion the holder of it, is no longer fit for work in the capacity stated therein. Where a
certifying surgeon refuses to grant or renew a certificate or revoke a certificate, he shall, if
so required by the person concerned, state his reasons in writing for doing so.
60.(4) Medical Re-Examination of Labourer: Where any official appointed in this
behalf by the Ministry of Labour is of the opinion that any person employed in connection
with the execution of any work under this contract in the age group 15 to 19 years is
without a certificate of fitness or is having a certificate of fitness but no longer fit to work
in the capacity stated in the certificate, he may serve on the Contractor, or on the person
nominated by him in this regard, a notice requiring that such persons shall be examined by
a certifying surgeon and such person shall not if the concerned official so directs, be
employed or permitted to do any work under this contract unless he has been medically
examined and certified that he is fit to work in the capacity stated in the certificate.
EXPLANATIONS:
(1) Only Qualified Medical Practitioners can be appointed as "Certifying Surgeons" and the
term "Qualified Medical Practitioners" means a person holding a qualification
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granted by an authority specified in the Schedule to the Indian Medical Degrees Act,
1916 (VII to 1916) or in the Schedule to the Indian Medical Council Act, 1933
(XXVII) of 1933.
(2) The Certifying surgeon may be a medical officer in the service of State or Municipal
Corporation.
DETERMINATION OF CONTRACT
61.(1) Right of Railway to Determine the Contract: The Railway shall be entitled to
determine and terminate the contract at any time should, in the Railway's opinion, the
cessation of work becomes necessary owing to paucity of funds or from any other cause
whatever, in which case the value of approved materials at site and of work done to date
by the Contractor will be paid for in full at the rate specified in the contract. Notice in
writing from the Railway of such determination and the reasons therefor shall be
conclusive evidence thereof.
61.(2) Payment on Determination of Contract: Should the contract be determined
under sub clause (1) of this clause and the Contractor claims payment for expenditure
incurred by him in the expectation of completing the whole of the work, the Railways
shall admit and consider such claims as are deemed reasonable and are supported by
vouchers to the satisfaction of the Engineer. The Railway's decision on the necessity and
propriety of such expenditure shall be final and conclusive.
61.(3) The Contractor shall have no claim to any payment of compensation or
otherwise, howsoever on account of any profit or advantage which he might have derived
from the execution of the work in full but which he did not derive in consequence of
determination of contract.
62.(1) Determination of Contract owing to Default of Contractor:
If the Contractor should:
(i) Becomes bankrupt or insolvent, or
(ii) Make an arrangement for assignment in favour of his creditors, or agree to carry out
the contract under a Committee of Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary
liquidation for the purposes 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 thereof otherwise than as provided in Clause 7 of
these Conditions, 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 Execute the contract documents in terms of Para 8 of the Instructions to
Tenderers.
(x) Fail to submit the documents pertaining to identity of JV and PAN in terms of Para
17.11 of Tender Form (Second Sheet) of Annexure I available in the Instructions to
Tenderers.
(xi) 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
(xii) Fail to take steps to employ competent or additional staff and labour as required
under Clause 26 of these Conditions, or
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(xiii) 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 these
Conditions, or
(xiv) 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.
(xv) Fail to adhere to the provisions of Para 16 of Tender Form (Second Sheet) of
Annexure I of the Instructions to Tenderers, or provision Clause 59(9) of these
Conditions.
(xvi)Submits copy of fake documents / certificates in support of credentials, submitted by
the tenderer
Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the
Contractor with a notice (Proforma at Annexure-IX) 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 good and carry on the
work or comply with such directions as aforesaid of the entire satisfaction of the Engineer,
the Railway shall be entitled after giving 48 hours’ notice (Proforma at Annexure-X or
XII, as the case may be) in writing under the hand of the Engineer to rescind the contract
as a whole or in part or parts (as may be specified in such notice) and after expiry of 48
hours’ notice, a final termination notice (Proforma at Annexure-XI or XIII, as the case
may be) should be issued.
Note: Engineer at his discretion may resort to the part termination of contract with notices
(Proforma at Annexure- IX, XII and XIII), only in cases where progress of work is more
than or equal to 80% of the original scope of work.
62.(2) 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 sustained 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 with a 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 thereto 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) In the contract which has been rescinded as a whole, the Security Deposit already with
railways under the contract shall be encashed/ forfeited and the Performance Guarantee
already submitted for the contract shall be encashed. The balance work shall be got done
independently without risk & cost of the failed Contractor. The failed Contractor shall be
debarred from participating in the tender for executing the balance work. If the failed
Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be
debarred from participating in the tender for the balance work in his/her individual
capacity or as a partner of any other JV /partnership firm.
Further the authorized representative of failed Contractor cannot be accepted as authorized
representative in new contract.
(c) In the contract rescinded in part or parts,
(i) The full Performance Guarantee available for the contract shall be recovered. No
additional Performance Guarantee shall be required for balance of work being executed
through the part terminated contract. The contract value of part terminated contract stands
reduced to the balance value of work under the contract.
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(ii) The Security Deposit of part terminated contract shall be dealt as per clause 16(2) of
these Conditions.
(iii) The defaulting Contractor shall not be issued any completion certificate for the
contract.
(iv) The balance work shall be got done independently without risk & cost of the failed
Contractor. The failed Contractor shall be debarred from participating in the tender for
executing the balance work. If the failed Contractor is a JV or a Partnership firm, then
every member/partner of such a firm shall be debarred from participating in the tender for
the balance work in his/her individual capacity or as a partner of any other JV /partnership
firm.
(v) Further the authorized representative of failed Contractor will not be accepted as
authorized representative in new contract.
(d) 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 ought to have been executed, and to retain and employ the
same in the further execution of the works or 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 or destruction thereof.
(e) The Engineer shall as soon as may be practicable after removal of the Contractor fix
and determine 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.
SETTLEMENT OF DISPUTES – INDIAN RAILWAY ARBITRATION AND
CONCILIATION RULES
63. Conciliation of Disputes:
(i) This clause is applicable in the tender having advertised value less than or equal
toRs 50 Crore.
(ii) All disputes and differences of any kind whatsoever arising out of or in connection
with the contract, whether during the progress of the work or after its completion
and whether before or after the determination of the contract, shall be referred by
the Contractor to the "Chief Engineer" or "Divisional Railway Manager" through
“Notice of Dispute” provided that no such notice shall be served later than 30 days
after the date of issue of Completion Certificate by the Engineer. Chief Engineer or
Divisional Railway Manager shall, within 30 days after receipt of the Contractor’s
“Notice of Dispute”, notify the name of conciliator(s) to the Contractor.
(iii)The Conciliator(s) shall assist the parties to reach an amicable settlement in an
independent and impartial manner within the terms of contract.
(iv) If the parties reach agreement on a settlement of the dispute, they shall draw up
and sign a written settlement agreement duly signed by Engineer In-charge,
Contractor and conciliator(s). When the parties sign the settlement agreement, it
shall be final and binding on the parties.
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(v) The parties shall not initiate, during the conciliation proceedings, any arbitral or
judicial proceedings in respect of a dispute that is the subject matter of the
conciliation proceedings.
(vi) The conciliation proceedings shall be terminated as per Section 76 of ‘The
Arbitration and Conciliation Act, 1996.
63.1 Matters Finally Determined by the Railway: All disputes and differences of any
kind whatsoever arising out of or in connection with the contract, whether during the
progress of the work or after its completion and whether before or after the determination
of the contract, shall be referred by the Contractor to the GM and the GM shall, within
120 days after receipt of the Contractor’s representation, make and notify decisions on all
matters referred to by the Contractor in writing provided that matters for which provision
has been made in Clauses 7(j), 8, 18, 22(5),39.1, 39.2, 40A,43(2), 45(i)(a), 55, 55-A(5),
57, 57A,61(1), 61(2),62(1), 63(iv) and 63.2.11of the Standard General Conditions of
Contract or in any Clause (stated as excepted matter) of the Special Conditions of the
Contract, shall be deemed as ‘excepted matters’ (matters not arbitrable)and decisions of
the Railway authority, thereon shall be final and binding on the Contractor; provided
further that ‘excepted matters’ shall stand specifically excluded from the purview of the
Dispute Adjudication Board (DAB) and Arbitration.
63.2 Dispute Adjudication Board (DAB): This clause is applicable in the tender
having advertised value more than Rs 50 Crore.
63.2.1 Any dispute/s if not settled with the Engineer, shall be referred to DAB.
The DAB shall consist of a panel of three Retired Railway Officers, retired not below
senior administrative grade (SAG). The DAB shall be formed within 90 days of signing of
Contract Agreement. For this purpose, a panel of DAB members shall be maintained in the
GeneralManager’s office. The complete panel, which shall not be less than five members,
shall be sent by Chief Engineer to the Contractor to nominate one member of the DAB
from the panel as Contractor’s nominee within two weeks of receipt of the panel. On
receipt of Contractor’s nominee, the Chief Engineer shall nominate one member from the
same panel as Railway nominee for the DAB. Both above nominees shall jointly select
presiding member of the DAB from the same panel.
63.2.3 If one or more of the members appointed refuses to act as DAB member, or is
unable or unwilling to perform his functions as DAB member for any reason whatsoever
or dies or in the opinion of the Chief Engineer fails to act without undue delay, the parties
shall terminate the mandate of such DAB member and thereupon new DAB member shall
be appointed in the same manner, as the outgoing DAB member had been appointed.
63.2.4 The appointment of any member may be terminated by mutual agreement of both
Parties, but not by the Railway or the Contractor acting alone. Unless otherwise agreed by
both the Parties, the appointment of the DAB (including each member) shall expire upon
expiry of this Contract Agreement.
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63.2.5 Before start of DAB proceedings, each DAB member shall give the following
certificate to the Railway and the Contractor:
63.2.6 DAB proceedings shall be conducted as decided by the DAB. The DAB shall give
its decision within 90 days of a Dispute referred to it by any of the Parties, duly recording
the reasons before arriving at the decision. The DAB shall decide the issue within terms
and conditions of the contract. This time limit shall be extendable subject to the Parties
mutual agreement.
63.2.7 The DAB decision shall not be binding on both the Parties. In case any party is not
satisfied by the decision of DAB, then the aggrieved party may approach Arbitral Tribunal
for arbitration proceedings.
63.2.8 No dispute shall be referred to Arbitral Tribunal unless the same has been referred
to DAB for adjudication. However, in case DAB is not formed due to any reason, the
disputes can be directly referred to Arbitral Tribunal to adjudicate the dispute.
63.2.9 In the specific cases of any misconduct by any of the members of the DAB, the
parties shall have the right to specifically bring it to the notice of the DAB such conduct,
through a statement filed with necessary documents in proof of such misconduct and the
DAB, after taking NOTICE of such conduct initiate the replacement of the member
concerned, in the same manner the member to be replaced was appointed.
63.2.10Once the decision is given by DAB, DAB cannot review the decision at its own or
on the request of one party, unless both parties agree for review of decision by DAB.
63.2.11 In case DAB decision is not challenged by either party within 180 days of receipt
of decision of DAB, the decision shall be considered as final and parties would be barred
for referring the same to Arbitral Tribunal for adjudication.
63.2.12The obligation of the Railway and the Contactor shall not be altered by reasons of
issue being or under reference to DAB.
63.2.13 The DAB shall conduct the proceedings at any convenient venue which shall be
decided by DAB in consultations with parties.
63.2.14It is a term of this contract that the Parties shall not approach any Court of Law for
settlement of such disputes or differences unless an attempt has first been made by the
parties to settle such disputes or differences through DAB and Arbitral Tribunal.
64.(1) : Demand for Arbitration:
64.(1)(i): In the event of any dispute or difference between the parties hereto as to the
construction or operation of this contract, or the respective rights and liabilities of the
parties on any matter in question, dispute or difference on any account or as to the
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withholding by the Railway of any certificate to which the Contractor may claim to be
entitled to, or if the Railway fails to make a decision within 120 days, then and in any such
case, but except in any of the “excepted matters” referred to in Clause 63.1 of these
Conditions, the Contractor, after 120 days but within 180 days of his presenting his final
claim on disputed matters shall demand in writing that the dispute or difference be referred
to arbitration.
64.(1)(ii)(a): The demand for arbitration shall specify the matters which are in question, or
subject of the dispute or difference as also the amount of claim item-wise. Only such
dispute or difference, in respect of which the demand has been made, together with counter
claims or set off, given by the Railway, shall be referred to arbitration and other matters
shall not be included in the reference.
64.(1)(ii)(b): The parties may waive off the applicability of Sub-Section 12(5) of
Arbitration and Conciliation (Amendment) Act 2015, if they agree for such waiver in
writing, after dispute having arisen between them, in the format given under Annexure XV
of these conditions.
64.(1)(iii)(a): The Arbitration proceedings shall be assumed to have commenced from the
day, a written and valid demand for arbitration is received by the Railway.
64.(1)(iii)(b): The claimant shall submit his claims stating the facts supporting the claims
alongwith all the relevant documents and the relief or remedy sought against each claim
within a period of 30 days from the date of appointment of the Arbitral Tribunal.
64.(1)(iii)(c): The Railway shall submit its defence statement and counter claim(s), if any,
within a period of 60 days of receipt of copy of claims from Tribunal, unless otherwise
extension has been granted by Tribunal.
64.(1)(iv): No new claim shall be added during proceedings by either party. However, a
party may amend or supplement the original claim or defense thereof during the course of
arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in
making it.
64.(1)(v): If the Contractor(s) does/do not prefer his/their specific and final claims in
writing, within a period of 90 days of receiving the intimation from the Railways that the
final bill is ready for payment, he/they will be deemed to have waived his/their claim(s)
and the Railway shall be discharged and released of all liabilities under the contract in
respect of these claims.
64.(2): Obligation During Pendency of Arbitration: Work under the contract shall,
unless otherwise directed by the Engineer, continue during the arbitration proceedings, and
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(ii) In cases where the total value of all claims in question added together exceed ₹
50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Panel of three (3)
retired Railway Officer, retired not below the rank of Senior Administrative Grade Officer,
as the arbitrators. For this purpose, the Railway will send a panel of at least four (4) names
of retired Railway Officer(s) empanelled to work as Railway Arbitrator duly indicating
their retirement date to the Contractor within 60 days from the day when a written and
valid demand for arbitration is received by the General Manager.
Contractor will be asked to suggest to General Manager at least 2 names out of the panel
for appointment as Contractor’s nominee within 30 days from the date of dispatch of the
request by Railway. The General Manager shall appoint at least one out of them as the
Contractor’s nominee and will, also simultaneously appoint the balance number of
arbitrators either from the panel or from outside the panel, duly indicating the ‘Presiding
Arbitrator’ from amongst the 3 arbitrators so appointed. General Manager shall complete
this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the
names of Contractor’s nominees. While nominating the arbitrators, it will be necessary to
ensure that one of them has served in the Accounts Department.
64.(3)(c)(i): If one or more of the arbitrators appointed as above refuses to act as
arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or
is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever
or dies or in the opinion of the General Manager fails to act without undue delay, the
General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the
same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-
constituted Tribunal may, at its discretion, proceed with the reference from the stage at
which it was left by the previous arbitrator (s).
64.(3) (c) (ii): (a) The Arbitral Tribunal shall have power to call for such evidence by way
of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the
duty of the parties hereto to do or cause to be done all such things as may be necessary to
enable the Arbitral Tribunal to make the award without any delay. The proceedings shall
normally be conducted on the basis of documents and written statements.
(b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first
decide and pass its orders over any plea submitted/objections raised by any party, if any,
regarding appointment of Arbitral Tribunal, validity of arbitration agreement, jurisdiction
and scope of the Tribunal to deal with the dispute (s) submitted to arbitration, applicability
of time ‘limitation’ to any dispute, any violation of agreed procedure regarding conduct of
the arbitral proceedings or plea for interim measures of protection and record its orders in
day to day proceedings. A copy of the proceedings duly signed by all the members of
tribunal should be provided to both the parties.
64.3(c)(iii): (i) Qualification of Arbitrator (s):
(a) Serving Gazetted Railway Officers of not below JA Grade level.
(b) Retired Railway Officers not below SA Grade level, one year after his date of
retirement.
(c) Age of arbitrator at the time of appointment shall be below 70 years.
(ii) An arbitrator may be appointed notwithstanding the total number of arbitration cases in
which he has been appointed in the past.
(iii)While appointing arbitrator(s) under Sub-Clause 64.(3)(a)(i), 64.(3)(a)(ii), 64.(3)(b)(i)
& 64.(3)(b)(ii) above, due care shall be taken that he/they is/are not the one/those who had
an opportunity to deal with the matters to which the contract relates or who in the course
of his/their duties as Railway servant(s) expressed views on all or any of the matters under
dispute or differences. A certification to this effect as per annexure- XVI shall be taken
from Arbitrators also. The proceedings of the Arbitral tribunal or the award made by such
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Tribunal will, however, not be invalid merely for the reason that one or more arbitrator
had, in the course of his service, opportunity to deal with the matters to which the contract
relates or who in the course of his/their duties expressed views on all or any of the matters
under dispute.
64.(3)(d)(i): The arbitral award shall state item wise, the sum and reasons upon which it is
based. The analysis and reasons shall be detailed enough so that the award could be
inferred therefrom.
64.(3)(d)(ii): A party may apply for corrections of any computational errors, any
typographical or clerical errors or any other error of similar nature occurring in the award
of a Tribunal and interpretation of a specific point of award to Tribunal within 60 days of
receipt of the award.
64.(3)(d)(iii): A party may apply to Tribunal within 60 days of receipt of award to make
an additional award as to claims presented in the arbitral proceedings but omitted from the
arbitral award.
64.(4): In case of the Tribunal, comprising of three members, any ruling on award shall be
made by a majority of members of Tribunal. In the absence of such a majority, the views
of the Presiding Arbitrator shall prevail.
64.(5): Where the arbitral award is for the payment of money, no interest shall be payable
on whole or any part of the money for any period till the date on which the award is made.
64. (6): The cost of arbitration shall be borne by the respective parties. The cost shall inter-
alia include fee of the arbitrator(s), as per the rates fixed by Railway Board from time to
time and the fee shall be borne equally by both the parties, provided parties sign an
agreement in the format given at Annexure XV to these conditions after/ while referring
these disputes to Arbitration. Further, the fee payable to the arbitrator(s) would be
governed by the instructions issued on the subject by Railway Board from time to time
irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway
Administration or by the court of law unless specifically directed by Hon’ble court
otherwise on the matter.
64.(7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and
the rules thereunder and relevant para of the StandardGeneral Conditions of Contractand
any statutory modifications thereof shall apply to the appointment of arbitrators and
arbitration proceedings under this Clause.
64.(8) In case arbitration award is challenged by a party in the Court of Law, 75% of
award amount, pending adjudication by Court of Law, shall be made by party to other
party. In case payment is to be made by Railway to Contractor, the terms & conditions as
incorporated in the Ministry of Railways letter No. 2016/CE(I)/CT/ARB/3(NITI
Aayog)/Pt. dated 08th Mar,2017 as amended from time to time, shall be followed. In case
Contractor has to pay to the Railway, then 75% of the award amount shall be deducted by
the Railway from the Contractor’s bills, Performance Guarantee/ Security Deposit or any
other dues of Contractor with the Government of India.
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PART-II ANNEXURES
ANNEXURE – VII
Reference Para 17B Registered Acknowledgement Due
PROFORMA FOR TIME EXTENSION
No. _______________________ Dated: _________________
Sub: (i) _____________________________________________________(name of
work).
(ii) Acceptance letter no.
_________________________________________________
(iii) Understanding/Agreement no.
__________________________________________
Ref: _______________________________________ (Quote specific application of
Contractor for extension to the date received)
___________________________________________
Dear Sir,
1. The stipulated date for completion of the work mentioned above is
_______________. From the progress made so far and the present rate of progress, it is
unlikely that the work will be completed by the above date (or ‘However, the work was
not completed on this date’).
2. Expecting that you may be able to complete the work if some more time is given,
the competent authority, although not bound to do so, hereby extends the time for
completion from ______________ to _______________.
3. Please note that an amount equal to the liquidated damages for delay in the
completion of the work after the expiry of _______________________ (give here the
stipulated date for completion with/without any liquidated damage fixed earlier) will be
recovered from you as mentioned in Clause 17B of the Standard General Conditions of
Contract for the extended period, notwithstanding the grant of this extension. You may
proceed with the work accordingly.
4. The above extension of the completion date will also be subject to the further
condition that no increase in rates on any account will be payable to you.
5. Please intimate within a week of the receipt of this letter your acceptance of the
extension of the conditions stated above.
6. Please note that in the event of your declining to accept the extension on the above
said conditions or in the event of your failure after accepting or acting upto this extension
to complete the work by ______________ (here mention the extended date), further action
will be taken in terms of Clause 62 of the Standard General Conditions of Contract.
Yours faithfully
For and on behalf of the President of
India
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ANNEXURE – VIIA
(Reference Clause 40(A)
Registered Acknowledgement Due
PROFORMA OF 14 DAYS NOTICE FOR OFFLOADING OF PART OF
CONTRACT WORK
___________ RAILWAY
(Without Prejudice)
To
M/s _____________________________
_________________________________
Dear Sir,
Contract Agreement No. _____________________________________________
In connection with _________________________________________________
3. As you have failed to abide by the instructions issued to commence the work /to
show adequate progress of work, you are hereby given 14 days’ notice in accordance with
Clause 40A of the Standard General Conditions of Contract to deploy adequate resources
i.e. (the details of resource requirement, to be mentioned) and commence / to make good
the progress for part(s) of works detailed above, failing which action as provided in Clause
40A of the Standard General Conditions of Contract shall be commenced after expiry of
14 days’ notice period viz. to offload few/ all part(s) of work mentioned above to any of
the existing or new contractor without your participation and at your Risk & Cost, not
exceeding the value of Performance Guarantee of this contract, which may please be
noted.Kindly acknowledge receipt.
Yours faithfully
For and on behalf of the President of India
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ANNEXURE – VIIB
(Reference Clause 40(A)
Registered Acknowledgement Due
NOTICE FOR PART OF CONTRACT WORK OFFLOADED
___________ RAILWAY
(Without Prejudice)
To
M/s _____________________________
_________________________________
Dear Sir,
Contract Agreement No. _____________________________________________
In connection with _________________________________________________
1. Fourteen days’ notice under Clause 40A of the Standard General Conditions of
Contract was given to you under this office letter of even no., dated ____________; but
you have taken no/inadequate action to deploy adequate resources to commence the part(s)
of work/show adequate progress of the part(s) of work, mentioned therein.
As you have failed to abide by the instructions issued to commence the part(s) of
work/show adequate progress of the part(s) of work even at the lapse of 14 days’ notice
period under Clause 40A of the Standard General Conditions of Contract, few part(s) of
the work under the contract have been offloaded and being executed by other mode(s) at
the cost detailed below:
Or,
1. Please refer your request letter no….. dated ….., wherein it was requested under
clause 40 A of the Standard General Conditions of Contract to offload part(s) of works at
your risk & cost. The details of part(s) of the work under the contract which have been
offloaded and being executed by other mode(s) at the cost detailed below:
(List of Part(s) of work offloaded, Details of mode of execution of such offloaded work
alongwith approximate cost thereof to be mentioned)
2. The final measurement of work(s) already executed for above part(s) of work recorded
as per clause 45 (A) or/and 45 (B) of the Standard General Conditions of Contract is
enclosed herewith.
3. The Bill(s) of Quantities for Part(s) of work offloaded is enclosed herewith.
4. The additional cost in execution of offloaded work through mode(s) mentioned in para
(1) above is determined as Rs. ___________, over& above the cost of execution under this
contract (including the PVC amount payable as per contract, as on the date of issue of this
notice). This additional cost shall be recovered from your next on account bill(s) or any
other dues payable to you under contract.
5. The Contract value gets reduced to Rs………..:
6. You are requested to continue with the balance work in the contract subsequent to
offloading of above part(s) of work.
Kindly acknowledge receipt.
Yours faithfully
For and on behalf of the President of India
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ANNEXURE – VIII
9. Reasons for :
(a) Refusal to grant certificate, or ____________
(b) Revoking the certificate _________________
Note: In case of physical disability, the exact details and cause of the physical disability
should be clearly stated.
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ANNEXURE – IX
___________ RAILWAY
(Without Prejudice)
To
M/s _____________________________
_________________________________
Dear Sir,
Contract Agreement No. _____________________________________________
In connection with _________________________________________________
3. As you have failed to abide by the instructions issued to commence the work /to
show adequate progress of work you are hereby given 7 days’ notice in accordance with
Clause 62 of the Standard General Conditions of Contract to commence works / to make
good the progress, failing which further action as provided in Clause 62 of the Standard
General Conditions of Contract viz. to terminate your Contract and complete the balance
work without your participation will be taken.
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ANNEXURE – X
Reference Para 62(1)
Registered Acknowledgement Due
PROFORMA OF 48 HRS. NOTICE FOR WHOLE WORK
___________ RAILWAY
(Without Prejudice)
To
M/s _____________________________
_________________________________
Dear Sir,
2. You are hereby given 48 hours’ notice in terms of Clause 62 of the Standard
General Conditions of Contract to commence works / to make good the progress of works,
failing which and on expiry of this period your above contract will be rescinded and the
work under this contract will be carried out independently without your participation and
your Security Deposit shall be forfeited and Performance Guarantee shall also be encashed
and any other consequences which may please be noted.
Yours faithfully
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ANNEXURE – XI
Reference Para 62.(1)
Registered Acknowledgement Due
PROFORMA OF TERMINATION NOTICE
______________ RAILWAY
(Without Prejudice)
No. ________________________________ Dated ____________
To
M/s _____________________________
_________________________________
Dear Sir,
Forty eight hours (48 hrs.) notice was given to you under this office letter of even
no., dated _______________; but you have taken no action to commence the work/show
adequate progress of the work.
Since the period of 48 hours’ notice has already expired, the above contract stands
rescinded in terms of Clause 62 of the Standard General Conditions of Contract and the
balance work under this contract will be carried out independently without your
participation. Your participation as well as participation of every member/partner in any
manner as an individual or a partnership firm/JV is hereby debarred from participation in
the tender for executing the balance work and your Security Deposit shall be forfeited and
Performance Guarantee shall also be encashed.
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ANNEXURE – XII
2. You are hereby given 48 hours’ notice in terms of Clause 62 of the Standard
General Conditions of Contract to commence works / to make good the progress of works,
failing which and on expiry of this period your above part of
work…………………(Details of part to be mentioned) in contract will be rescinded and
the work will be carried out independently without your participation.
3. Your full Performance Guarantee for the contract shall be forfeited and you shall not
be issued any completion certificate for the contract. However, no additional Performance
Guarantee shall be required for balance of work being executed through the part
terminated contract.
Yours faithfully
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ANNEXURE – XIII
1. Forty eight hours (48 hrs.) notice was given to you under this office letter of even
no., dated _______________; but you have taken no action to commence the
work/show adequate progress of the part of work…………………..(details of part
to be mentioned).
3. Your full Performance Guarantee for the contract shall be forfeited and you shall
not be issued any completion certificate for the contract. However, no additional
Performance Guarantee shall be required for balance of work being executed
through the part terminated contract.
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ANNEXURE – XIV
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the party thereto of the second part) from the party hereto of the first part and
party hereto of the second part have accepted final measurements recorded on
Page No….. to Page No…. of Measurement Book No……….and corresponding
Final Bill duly adjusted as per price variation clause (PVC), if applicable, for full
and final settlement of all his/its disputed claims under principal agreement.
Now, it is hereby agreed by and between the parties in the consideration of sums
already paid through various On Account Bills and sums to be paid through Final
Bill duly adjusted as per price variation clause (PVC), if applicable, based on
accepted final measurements including the Security Deposit by the party hereto of
the first part to the party hereto of the second part against all outstanding dues and
claims for all works done under the aforesaid principal agreement, the party
hereto of the second part have no further dues of claims against the party hereto of
the first part under the said Principal Agreement.
(Applicable in case Final Supplementary Agreement is signed before release of
Final Payment)
5. It is further agreed and understood by and between the parties that the arbitration
clause contained in the said principal agreement shall cease to have any effect
and/or shall be deemed to be non-existent for all purposes.
Signature of the Contractor/s for and on behalf of the President of India
Witnesses
_______________________
ADDRESS:______________
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ANNEXURE-XV
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ANNEXURE-XVI
1. Name:
2. Contact Details:
3. Prior experience (Including Experience with Arbitrations):
4. I do not have more than ten on-going Arbitration cases with me.
5. I hereby certify that I have retired from Railways w.e.f. _____ and empanelled as
Railway Arbitrator as per ‘The Arbitration and Conciliation Act- 1996’.
6. I have no any past or present relationship in relation to the subject matter in
dispute, whether financial, business, professional or other kind.
Or
7. I have no any past or present relationship with or interest in any of the parties
whether financial, business, professional or other kind, which is likely to give rise
to justifiable doubts as to my independence or impartiality in terms of The
Arbitration and Conciliation Act-1996.
Or
I have past or present relationship with or interest in any of the parties whether
financial, business, professional or other kind, which is likely to give rise to
justifiable doubts as to my independence or impartiality in terms of The Arbitration
and Conciliation Act-1996. The details of such relationship or interests are as
under:
There are Circumstances which are likely to affect my ability to devote sufficient time
to the arbitration and in particular to finish the entire arbitration within twelve months.
The list of such circumstances is as under:
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Whereas the Contractor has agreed with the Railway for the performance of the work
“. ”on or before __.__.____ (i.e. months ), strictly according to the various
provisions in Annexure-I, II & III, hereto attached & as per scope of work, set forth in
the schedule hereto annexed upon the Standard General Conditions of Contract,
corrected up to latest correction slips and the Specifications of Central Railway,
corrected up to latest correction slips and the Schedule of Rates of Central Railway,
corrected up to latest correction slips and the Special Conditions and Special
Specifications, if any and in conformity with the drawings here-into annexed AND
WHEREAS the performance of the said work is an act in which the public are
interested.
In witnesseth whereof the parties have hereunto set and prescribed their respective
hands and / or seal, the day, month and year respectively mentioned against their
respective signature.
Date:
Signature of Witnesses:
(1)………………………………..
(2)………………………………..
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SECTION “B”
SPECIAL
CONDITIONS
OF CONTRACT
(Part- I &II)
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Clause Subject
Index
1. Additions / Modifications / Substitutions to G.C.C.
2. A Completion Period
B Maintenance Period
3 Appendices:
Appendix-I: Particulars of Tender
Appendix-II: List of Works Completed
Appendix-III: List of Works on Hand
Appendix-IV: List of Personnel / Organisation
Appendix-V: A List of Plant & Machinery (Owned)
B List of Plant & Machinery (Proposed)
Appendix-VI: Declaration of Site Visit
Appendix-VII: Mandate Form for ECS/EFT Payment
Appendix-VIII: MOU for JV Agreement
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3. Sub-Clause 10.1. Technical Eligibility Criteria: Add the following below sub Para (a) of
(Annexure-I, Sub-Clause 10.1:
Tender Form Definition of “Similar Work” is as under:-
(Second Sheet): Value (Rs.) Definition of similar work
(Page Nos.12 & “Bridge work with PSC/Steel/Composite
13 of GCC, April Rs.22,58,24,797 Superstructure”
2022)
*****
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APPENDICES
Appendix-I
*****
PARTICULARS OF TENDER(S)
Appendix-II
Note:
(i) Supporting documents/certificates (duly attested) from the organisations with
whom worked/are working should be enclosed.
(ii) Certificate from private individuals for whom such works are executed/ being
executed shall not be accepted.
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Appendix-III
All works in progress and also the works which are awarded to tenderer but yet not
started up to the date of opening of tender. In case of no works in hand, a ‘NIL’
statement should be furnished. This statement should be submitted duly verified by
Chartered Accountant.
Note:
(i) Supporting documents/certificates (duly attested) from the organisations with
whom worked/are working should be enclosed.
(ii) Certificate from private individuals for whom such works are executed/ being
executed shall not be accepted.
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Appendix-IV
I hereby certify that no retired Engineer/Gazetted Officer of the Railways who has
retired within 1 year of date of submission of tender and has not obtained permission
of competent authority has been engaged by me/our firm. I also certify that none of
my relative is engaged in Engineering Department in Central Railway.
Signature of Tenderer(s)
Appendix-V
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Appendix-VI
I/We hereby solemnly declare that I/We visited the sites of work personally and have
made myself/ourselves fully conversant of the conditions therein and in particular the
following:
(i) Topography of the area
(ii) Soil strata at site of work
(iii) Sources and availability of construction materials
(iv) Rates for construction materials, water, electricity including all local taxes,
royalties, octroi, etc.
(v) Availability of local labour (both skilled and unskilled) and relevant labour rates
and labour laws
(vi) Existing roads, approaches, pathways to site of work
(vii) Space for stacking of materials, stores, office etc.
(viii) Availability and rates of private land, etc. required for various purposes
(ix) Trees, shrubs, bushes, debris etc. required to be removed for site clearance
(x) Need of dewatering/pumping etc.
(xi) Climatic conditions and availability of working days and working hours
(xii) Frequency/pattern of rail traffic, electrified tracks, road traffic etc.
(xiii) Availability of rail/road traffic block
(xiv) Law and order situation.
(xv) Any other conditions, which may affect rates.
I/We have quoted my/our rates for various items in the tender schedule taking into
account all the above factors likely to be encountered during execution of work. I/We
shall not be entitled for any claim against Railway on account of the above factors.
Signature of Tenderer(s)
Appendix-VII
Firm’s name
Firm’s address /
Tel. No. /FAX
No./Email.ID
Name of the bank
Bank Branch Name
Address / Tel. No./ Fax
No. / Email ID
Account No.
(as per Core Banking)
Type of Account Saving / Current / Others (please specify)
MICR Code & IFSC Code
IMPORTANT NOTE :
Tenderer/s should ensure that they attach a copy of this ‘Mandate Form’, duly
verified & signed by the Bank Officials along with the EMD instruments, in order
to enable Railway to release the EMD amount quickly to the unsuccessful tenderers
through ECS/NEFT.
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MEMORANDUM OF UNDERSTANDING
FOR JOINT VENTURE AGREEMENT
AND
2. M/s. ________________(Name of Co.) ____________ a company registered
under the Companies Act 1956 having its registered office at _______________
represented through its Director or Authorized Representative _____________
(hereinafter referred to as _______________ which expression shall unless
repugnant to the context thereof includes its successors) of the SECOND PART.
OR
M/s. _______________________________ a partnership firm registered under the
Indian Partnership Act 1932, having its registered office at
__________________________ (hereinafter referred to as _________________
which expression shall unless repugnant to the context thereof includes its
successors) of the SECOND PART
AND
3. This Memorandum of understanding executed this ___________ day of
______ 20___ between _________________ (Name of Co.) _________________ a
company registered under the Companies Act 1956 having its registered office
_____________ through its Director or Authorized Representative
_________________ (hereinafter referred to as ____________________ which
expression shall unless repugnant to the context thereof includes its successors) of
the THIRD PART
OR
M/s. __________________________________ a partnership firm registered under
the Indian Partnership Act 1932, having its registered office at
____________________________ through its Partner or Authorized Representative
___________ (hereinafter referred to as _________________________ which
expression shall unless repugnant to the context thereof includes its successors) of
the THIRD PART.
4. This Memorandum of Understanding executed this ____________ day of
_____ 200___ between __________ (Name of Co.) _______________ a company
registered under the Companies Act 1956 having its registered office
___________________ through its Director or Authorized Representative
________________ (hereinafter referred to as _______________ which expression
shall unless repugnant to the context thereof includes its successors) of the FOURTH
PART
OR
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Whereas, the party of the third part, M/s. _______________ (details to be supplied
of the expertise in their field).
Whereas, the party of the fourth part, M/s. _______________ (details to be supplied
of the expertise in their field).
Whereas, the party of the fifth part, M/s. _______________ (details to be supplied of
the expertise in their field).
AND whereas parties to this MOU, have agreed to co-operate with each other to
associate jointly and to form a Joint Venture Firm to participate in the CR Tender of
Indian Railways.
Now, therefore, in consideration of the premises and mutual promises and of the
undertaking contained herein, it is hereby agreed as follows:-
2. The name of the Jt. Venture firm shall be ___________________ (as per Sub-
Clause 17.1. of Annexure-I, Tender Form (Second Sheet))
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a) They are in possession of all approvals and valid authorization for the
purpose of execution of this MOU.
b) They have not entered into any agreement/MOU of equal or similar nature
with any third party for the CR Tender.
That each of the parties of the JV, agrees and undertake to place at the disposal of
the JV, benefits of its individual experience, technical knowledge and skill and shall in
all respects bear its share of the responsibility, including the provision of information
advice and other assistance required in connection with the works. The share and the
participation of the partners in the JV shall broadly be follows:
M/s. ________________________%
M/s. ____________________________%
M/s. ____________________________%
M/s. ____________________________%
M/s. ____________________________%
Lead Member :
That one of the member of the JV shall be its lead member who shall have a majority
(at least 51%) share of interest in the JV. Theother
membersshallhaveashareofnotlessthan20%eachincaseofJVwithuptothreemembers
andnotlessthan10%eachincaseofJVwithmorethanthreemembers. IncaseofJVwith
foreignmember(s),theLeadMemberhastobe an
Indianfirm/companywithaminimumshare of 51%.
And all rights, interest, liabilities, obligations, work experience and risks (net profits or
net losses) arising out of the contract shall be shared or borne by the Parties in
proportionate to these shares. Each of the parties shall bound by guarantees,
sureties required for the work as well as its proportionate share in working capital and
other financial requirements.
a) That after submission of the tender, the MOU shall not be modified /
altered / terminated during the validity of the tender except when
modification becomes inevitable due to succession laws etc.,
providedfurtherthatthereisnochangeinqualificationofminimumeligibility
criteriabyJV afterchangeof composition.The parties to this MOU further
agree that,the LeadMembershall continueto bethe Lead Memberof theJV.
b) That after the contract is awarded the constitution of the J.V. firm shall not
be altered during the currency of contract except when modification
becomes inevitable due to Succession Law etc. but in no case the minimum
eligibility criteria should get vitiated.
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jointly and severally for the loss, damages caused to the Indian Railways in
course of execution or due to non-execution of the contract or part thereof or
arising out of the contract.
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M/s.---------------------------------------------------------
--------------------------------------------------------------
M/s.---------------------------------------------------------
--------------------------------------------------------------
All correspondence and notices to the Joint Venture shall be addressed to the
Lead Member, i.e. M/s. ________________________/Shri
________________ at the address stated herein below:-
M/s. -------------------------------------------------------
-------------------------------------------------------------
Such communication or notices shall be deemed to have been duly given when
so delivered or, if mailed, when received at destination.
16. Each part shall have full and sole responsibility to bear the expense of and
effect the payment of any taxes, duties, special insurance, fees or assessments
of any nature whatsoever (including personal income taxes level or imposed on
any of its employees or personnel or any of its sub-contractor’s employees or
personnel) including penalties and interest, if any, levied in connection with
the execution of this MOU.
17. The parties to this MOU declare and certify that they have not been black listed
or debarred by Railways or any other Ministry/Department of the Govt. of
India/State Govt. from participation in tenders/contract on or before the date
of opening of bids either in their individual capacity or the JV firm or
partnership firm in which they were member/partners.
In witness whereof, the Parties have caused this MOU to be executed by their
respective authorized representatives on the date and year mentioned herein above.
Signature:- Signature:- Signature:-
Shri ________________ of Shri ___________ of Shri ________________
of
Signature:- Signature:-
Shri ________________ of Shri ___________ of
M/s. ________________ M/s. _____________
Witnesses:-
1) Name : Address:-
2) Name: Address:-
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3. The code Nos., Description and Rates given in the schedule are based on the
Central Railway’s Unified Standard Schedule of Rates,2021, 2019, 2011
(USSOR, 2011)/SOR 2002 Any discrepancy noticed during the execution of
the work, in the working rates, quantity of cement etc., will be rectified by
reference to the printed schedule which shall be treated as authoritative and
binding on the contractor. The relevant notes applicable to the respective
Sub-chapters will apply to the items of the tender schedule and should be
considered as having been incorporated in the Contract agreement and
binding on the contractor.
4. For any other items not specially shown in the Schedule of Rates appended to
the tender document, Executive Engineer will offer rates as shown for the
Mumbai Division of the Central Railway’s USSOR-2021, 2019, 2011/SOR 2002
subject to the same percentage adjustment accepted in the contract being
applicable to the additional items.
5. Any foot note/s appearing below the item/s of the contract schedule will take
precedence over these Special Conditions. For detailed order of preference
refer clause No.1 of Section A.
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7.3 Hire charges for items other than plant and machinery, which do not require
any form of repair and maintenance shall only take into account interest on
capital, depreciation and an additional 10% on these two.
7.4. The hire charges per day shall be arrived at by dividing the annual hire
charges by 250, which shall be assumed to be the number of working days in a year
for this purpose only. These hire charges will be payable from the day the plant is
handed over to the day it is returned to the Railway administration. If, however,
during this period the plant remains out of order for reasons beyond the control of the
contractor, or is withdrawn for periodic overhaul or any repairs, such periods shall not
be counted for levy of hire charges. The contractor shall enter into a separate
agreement in this respect and the terms and conditions as per the agreement will be
final and binding on the contractor.
6.5. In the event of a plant or equipment or facility given on hire to the contractor
not being returned to the railway administration in a reasonably good working order
considering depreciation that it would have suffered for the period of hire, the Railway
shall treat the plant/facility as on sale, as per extant orders of the Railway, from the
date it was initially given on hire, withdrawing the hire terms and charges.
6.6. If, however, the plant and machinery/other facilities, equipment and tools
requisitioned by the contractor are not available in Railway’s stock or the Railway
decides not to supply the same for reasons whatsoever, neither the Railway shall be
bound to arrange for the supply thereof nor will the Railway’s inability to supply them
be accepted as an excuse for delay in the completion of the works/or for any claims
thereof.
7.2. In case it is discovered that the quantity of steel or any other items issued by
the Railway as actually used in the work is less than the quantity/quantities specified
to be used, the cost of steel and for other such items not so used shall also be
recovered from the Contractors on the basis stipulated in sub-para above.
7.3. Action under this Clause will be without prejudice to the right of the Railway to
take action against the Contractor/s under the conditions of the Contract for not
doing/completing the work according to the prescribed specifications and
7.4. Railway’s materials will be issued on specific requisitions by the Contractor and
as per requirement consistent with the progress of works and/or progress of supply of
fabricated materials to the Railway, if the Railway materials required to be issued to
the Contractor for the works, are to be taken to the Contractors workshop outside
Railway premises, a guarantee bond for the amount to cover cost of Railway material
should be furnished by the Contractor before such materials are issued to him.
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7.5. All material left over as ‘Surplus’ or as ‘scraps’ out of materials supplied by the
Railway, should be returned to the Railway’s Stores at failing which the cost will be
recovered, as per the provision of clause 10.1 of the special conditions of Contract.
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The rate of royalty considered in the rates of tender schedule are as per rates
circulated by the Government of Maharashtra vide Govt. Resolution dated 04.06.2021
which is Rs.600/- per brass .
Claim towards such royalty should be unfailingly accompanies by proof of payment
and rate thereof. In the absence of these, royalty payment will not be released.
ii. However, in case of any subsequent increase in the rates of royalties, the increased
amount will be reimbursed to the contractor, only on production of documentary proof
of payment of royalty at such increased rates along with State Govt.’s order. It is
clarified that any increase in the statuary taxes, levies, duties etc. shall not be paid by
the Railway during the extended completion period if the extension is granted under
clause 17(B) of the General Conditions of Contract.
iii. Similarly in case of decrease in the rate of royalty charges or its waival, payment
of royalty will be regulated by such reduced rate and recovery shall be affected from
the contractor accordingly.
iv. Reimbursement/recovery, if required, shall be worked out separately and
submitted along with claims for on-account payments.
v. In case of all other taxes, duties, octroi or any form of levies etc. no additional
amount will be paid or claim entertained on this account by the Railway.
Contractor shall not have any claim whatsoever as a result of the increase in
the rates for such taxes, duties or any other form of levies etc.
vi. The amount of reimbursement or recovery, as the case may be, as per revised
rate of royalty shall be applicable only for the quantity of works executed by
the contractor after the Government Resolution for revision of rate of royalty
has come into effect.
vii. The reimbursement/recoveries as per the revised rate of royalty shall be
effective only for the original completion period of the work. However, the
amount as per revised rate of royalty is payable/recoverable during the
extended period of the contract, provided the PVC was part of the original
contract & the extension has been granted on administrative ground, i.e. under
Clause 17-A(i), (ii) or (iii) of GCC. Where extensions of time has been granted
due to contractor’s failure under Clause 17(B) of the General Conditions of
Contract, the reimbursement due to increase in rate of royalty shall not be
payable for such extended periods, but in case of any decrease in the rate of
royalty or its waival, the difference in the amount will be recovered from the
payment of the contractor for such extended periods under Clause 17(B) of
GCC.
viii. The Refund/Reimbursement may be processed only after submission of
authenticated challans in the name of Firms and with the existing work issued by
concerned Revenue Authorities
9.3. The contractor will at his own expenses obtain such permits or parwana from
whomsoever necessary for carrying out work or for any other purpose as may
be necessary to enable him to perform his part of the contract. The Railway
will not under any circumstances be liable to obtain any permit, or parwana
whatsoever, for the contractor.
10.0 Use of Patented Items in Works Contract:
10.1 In case, the agency supplying the patented item is not the contractor to whom
the work is assigned and these items are being procured by the Contractor,
the concerned contractor will obtain prior approval from the Engineer-in-
charge of the work (Min. JA Grade Officer), who will ensure that all design and
safety aspects are taken care of. For any specific requirement concerning
execution, warranty etc. an agreement / MOU is to be entered between the
main contractor and the party supplying the patented items, clearly bringing
out the responsibility of party supplying such patented items. A copy of such
MOU will be furnished to the Engineer-in-charge by the main contractor to
whom work has been assigned by the Railway and after the approval of
Engineer-in-charge, such item can be used in work.
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10.2 The agency supplying the patented item shall provide complete details /
specifications / drawings of the items including the manner in which it is to be
used.
10.3 During the installation of such patented items, authorised representative of the
firm supplying such patented / propriety items shall be present and after the
execution of work, a certificate to be issued by the firm supplying the patented item in
record by the concerned Engineer-in-charge executing the contract, before releasing
payment for the work done.
11. LEGAL CHARGES:
A fee of Rs.400/- per legal document like partnership deed or power of attorney
executed before or after the execution of the contract will be recovered from the
contractor for obtaining legal Advice in the Law Office.
12. TAXES / ENVIRONMENT CESS:
i). GST, Turn Over Tax on works contract, Octroi, royalty, Toll Tax, Local tax,
duties / levies as well as services and any other tax levied by Central Government,
State Govt. Or Local bodies, as applicable on the date of quoting the rates shall be
payable by the contractor
ii). Environment cess of Rs.1/- per m3 of Earthwork in filling in embankment shall
be levied as per the State Govt.’s directives prevalent during execution of work.
13. INCOME TAX:
Under Section 194(C) of the Income Tax Act 1961 deduction of 2% plus surcharge if
applicable on Income Tax will be made for sums paid for carrying out the work under
this contract. The percentage of deduction may however vary as per the amendments
if any made in the section 194(C) of IT Act 1961.
14. EMPLOYMENT OF STAFF
The contract is liable for cancellation if either the contractor himself or any of his
employee is found to be a person of Gazetted rank of Engineering Department which
includes Civil, Mechanical, Electrical, Signal Telecommunication Departments of
Railways whether pensionable or non-pensionable who after retirement has sought
engagement as contractor for or in connection with the execution of public works
whether on Railway. P.W.D. or Defence Forces or as an employee of such contractor
within 1 year of his retirement without obtaining the permission of the President of
India before, taking up such engagement or employment.
15.0 Deployment of Qualified Engineers at Work Sites by the Contractor:
This is to be read in conjunction with Clause 26A of Indian Railways Standard General
Conditions of Contract (G.C.C.), Part-II GCC, July 2020 at Page No.67 of this
Document).
15.1 The Contractor shall employ at least two experienced graduate Civil engineers
having minimum 3 years of experience in the work of construction of bridges.
15.2 In case the contractor fails to employ the Engineers, as aforesaid in Para 16.1,
he shall be liable to pay penalty at the rate of Rs.40,000/- (Rupees Forty
Thousand only) per month or part thereof, for the default period for the
provisions.
15.3 The decision of the Engineer–in–charge as to the period & suitability for which,
required technical staff was not employed by the contractor and as to the reasonable
ness of the amount to be deducted on this account shall be final and binding on the
contractor.
16. Handling Vitiation during Variation in Contract Quantities:
16.1 The aspect of vitiation of tender with respect to variation in quantities should
be checked and avoided.
16.2 As a result of variation, a contract shall be considered “vitiated” only when, the
following percentage variation in contract value between tenderers are noticed
to have been exceeded:
SN Value of Contract Percentage difference between present
Contractor and new L-1 as a result of
variation (percentage shall be calculated
with base as the revised contract
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i) The Contractor has to provide a Site office (approx. 20m2 area) with basic amenities
to Railway staff for controlling day-to-day activities along with toilets, urinals,
water/electric connections, etc. at each work site.
ii) The rates for all items of the schedule shall be inclusive of the cost of all
arrangements for crossing obstructions to be crossed in the course of the work over
land or across water and the cost of providing and maintenance of approach and/or
service roads that may be necessary for bringing and removing the plants, machinery
and material to and from the site of work including rent for use and /or compensation
for damage if any to intervening private land reversed by such approach/service
roads, and including cost of acquisition of land, if required for the purpose. The
contractor will be permitted to make use of available service roads of the Railways
free of cost. Railway reserves the right to make use of the contractor service road
without paying any charges to him.
iii) After completion of the work, the Contractor shall clear all the land under his
temporary occupancy to useable condition without any cost to CENTRAL RAILWAY and
hand over to the concerned parties before the completion of Maintenance period.
21. Telephone Facilities
The Contractor shall have to make an arrangement for providing telephone facilities at
the site of work at his own cost. The telephone facilities provided by the Contractor
shall be allowed to be used by the Railway staff without any charges.
22. EMERGENCY WORKS / SAFE WORKING METHODS:
i) In the event of any accident or failure occurring in, on or about the work or arising
out of on in connection with the construction, completion or maintenance of the work,
which in the opinion of the Engineer requires immediate attention, the Railway may
bring its own workmen or other agency to execute or partly execute the necessary
work or carry out repairs if the Engineer considers that the contractor is not in a
position to do so in time, and charge the cost thereon, as to be determined by the
Chief Engineer, CENTRAL RAILWAY, CSMT, Mumbai/Dy.CE© to the contractor.
ii) The contractors shall at all times, adopt such safe methods of working as will
ensure safety of structures, equipment and labour, Safety rules that should be
adhered to are given as guidelines in Appendix-IX. If at any time, the Railway finds
the safety arrangements inadequate or unsafe, the contractor shall take immediate
corrective action as directed by the Railway’s representative at site. Any directions in
the matter shall in no way absolve the contractor of his sole responsibility to adopt
safe working methods. The contractor is responsible for providing skilled personnel
and adequate expert supervision so as to ensure complete safety.
iii) The contractor shall design and execute temporary works such as form work and
supports so as to ensure absolute safety of contractors personal as well as Railways
staff & personnel engaged on the work. The contractor should indemnify Railway
against damages and injury to workmen. Railway reserves the right to enforce safety
regulations on the contractor and recover any cost which may be incurred for this
purpose.
iv) The following standard safety codes of practice may be followed for general
guidance:-
a. IS 3764 – 1992 : Safety code for excavation
b. IS 3696 (Part-I) – 1987: Safety Code for Scaffolds& Ladders.
c. IS 3696 (Part-II) – 1991: Safety Code for Scaffolds& Ladders.
d. SP 70 : 2001 – Hand book on Construction Safety Practice
23. NIGHT WORK:
The provision in clause 23 of Standard General Conditions of Contract should be noted
regarding execution of work between sunrise and sunset. If the Railway, is however,
satisfied that the work is not likely to be completed in time except by resorting to
night work, by special order, the contractor would be required to carry out the work
even at night without conferring any right on the contractor for claiming extra
payment for introducing night working. The decision of the engineer in this regard
will be final and binding on the contractor.
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viii) Any other register considered necessary by the Engineer shall be maintained at
site in which the representative to the Engineer and the Contractor/s or his/their
authorised representative will have to sign. The registers, programs, charts etc. will
be the property of the Railway.
33. Precautions while working in the vicinity of track:
(a) When the work is required to be done along or near the existingRailway track
the contractor/s shall take such steps as are necessary for the safety of the track and
labour working at site. He/they will also be required to program his/their working so
as not to interfere with the movement of trains. In this regard, contractor will not
take up the track work on running lines without the presence of authorised
representative of Railway. No extra payment shall be allowed for these precautions
and also for crossing track/tracks, if required during the execution of the work. It
should be ensured that the ballast of the track (s) is not spoiled or mixed with earth.
b) In addition to the precaution by the contractor/s for the safety of the track
and labour, it may necessary to post flagman in same locations as an
additional safety measure, for which the cost shall be recoverable from the
contractor/s on the basis of the expenditure incurred by the railways
enhanced by 12½% department charges. The contractor/s shall be fully
responsible for any damage to or trespass caused by his/their men to any
surrounding structure, Railways bear no liability whatsoever on this account.
Competency Certificate
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issued with the Identity cards and deployed for execution of the particular
contract, to the Railway’s Engineer at site before commencement of the work
and also for any subsequent changes made during the execution of the work.
(iv) No claims whatsoever arising out of implementation of special
conditions pertaining to issue of Identity cards shall be admissible.
41. Special condition of contract for drafting the vehicle and equipment of
Contractor in case of accident/natural calamities involving human lives:
i) Railway reserves the right to withdraw/draft/take over possession of any
of the vehicles and equipment of the contractor deployed by him at the
work site in case of Railway accident/natural calamities involving loss of
human lives occur and deploy, utilize, engage them for work of relief,
restoration of Railway service etc. The said vehicles and equipment along
with Drivers/operators shall be immediately handed over to Railway
Administration on advice of Engineer or Engineer’s Representative. The
decision of the Railway as to type, number of vehicle and period of
engagement shall be final and binding on the contractor.
ii) The crew, fuel and maintenance of the vehicles during the above period
shall be provided by the Contractor to the satisfaction of Railways.
iii) The Contractor shall be paid hire charges for the drafted
vehicles/equipment by operating suitable Non-Schedule items at the
rates decided mutually between the Engineer and the Contractor.
Operation of Non-Schedule item will be approved with the vetting of
associate finance by DY. CE(C) operating the contract. However, if the
Contractor is not satisfied with Engineer’s decision, he may appeal to the
CAO(C) within 30 days of getting the decision of the Engineer supported
by the analysis of the rates claimed. The CAO(C)’s decision after hearing
both the parties in the matter would be final and binding on the
contractor.
iv) In case Railway withdraws/drafts/takes possession of Contractor’s
vehicle/equipment, log book will be maintained by Railway’s
representative and it will be jointly signed by Railway’s authorized
representative &contractor’s driver of vehicle/operator of equipment.
Payment will be made accordingly on agreed rates.
v) The contractor shall provide following information about the
vehicle/equipment available with them at the time of entering into
contract.
Sr. Particulars of No. of Kind/ Capacity Age & Present Remarks
No. Vehicle/ Unit Make Condition Location
equipment
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43. No claim for idle labours and/or idle machinery etc. on any account will be
entertained. Similarly, no claim shall be entertained for business loss or any
such loss.
44. Safety measures at work site:
In addition to various instructions/provisions made in the contract document
following discipline will be enforced during execution of the work at
contractor’s own cost.
i) The equipment can enter Rly premises only from nominated entry points.
ii) Even in case contractor engage separate supply agency, they have to take
permission for the drivers being engaged and ensure presence of assistant
driver/competent lookout man who will responsible for all action of
movement of vehicle. He should be in proper uniform and with hand
signals, warning device etc.
iii) Night working should be done under direct supervision of Railway official.
iv) All protective signals, boards etc. shall be provided by the contractor at his
cost, for which no extra payment shall be made being incidental to the
work.
45. Precautions while movement/Operation of vehicles/Equipment near
running tracks:
45.1 These instructions apply to the plying of Railway’s/Contractor’s vehicles,
trucks, trailers, working of plants/equipment/machinery near running tracks in
Gauge conversion/doubling, yard remodelling or other works.
45.2 Do ensure that normally a road vehicle is run or machinery is worked so as to
maintain a minimum distance of 6.0 m. from centre line of nearest running
track.
45.3 Do ensure that the land strip adjacent to running tracks, where road vehicle is
to ply or machinery is to work, is demarcated by lime in advance to ensure
that vehicles/machinery do not come closer to 6.0m of running tracks.
Wooden pegs at interval not exceeding 75 mts. should be provided along the
lime marking as permanent marks.
45.4 If a road vehicle or machinery is to work closer to 6.0m due to site conditions
or requirement of work, do ensure to observe the following precautions.
45.5 The road vehicle is run or machinery is worked to maintain a minimum
distance of 3.5m from centre line of track.
45.6 Demarcation of land is done by bright coloured ribbon/nylon chord suspended
on 75 cm high wooden/bamboo posts at distance of 3.5 m from centre line of
nearest running track.
45.7 An authorized Railway’s representative is present during plying of vehicle or
working of machinery.
45.8 Suitable caution order to whistle freely is issued to drivers of approaching train
about road vehicles plying or machineries working close to running tracks,
whistle boards shall be provided wherever considered necessary.
45.9 Look out men are posted along the track at a distance of 800 m from such
locations who will carry red flag whistles to warn the road vehicle/machinery
users about the approaching trains. On curves where visibility is poor,
additional lookout men shall be posted.
a) Contractor will provide lookout man
b) The lookout man shall be properly trained in warning to staff at work site
about approaching train.
c) Only that lookout man shall be provided at site who have been issued with
a competency certificate by the railway supervisor.
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(vii) That all necessary precautions are taken to secure Government from
the possibility of loss and for preventing the system becoming more general or
continuing longer than what may be absolutely necessary for proper progress of
the work.
(f) Method of Recovery of Interest:
Interest shall be recovered on the advance outstanding for the period commencing
from the date of payment of advance till date of particular on-account bill (through
which recovery of principal is effected) and adjusted fully against on-account bill
along with pro-rata principal recovery. In the event of any short-fall, the same
shall be carried forward to the next on-account bill and shall attract interest @
10% (Ten percent) per annum.
The Bank Guarantee for such advances shall clearly cover at least 110% of the
value of the sanctioned advance amount (covering principal plus interest).
{Authority: Railway Board's letters No.2007/CE-I/CT/18/Pt.3; dt.05.03.2019 &
No.2018/CE-I/CT/1; dt.15.02.2019}
47. Implementation of GST Act, 2017 – Procedure for payment of
Contractual Bill (Railway Board’s letter No. 2016/CE-I/CT/12/GST/Pt.I; dated
29.06.2017).
On Indian Railways presently work executed by contractor is recorded in
measurement books by railway, duly accepted by contractor. Railway prepares on
account / final contract certificate’ for the payable amount based on the work
executed and the rates quoted by the contractor duly deducting various statutory
taxes like – work contract tax / service tax/royalties/income tax etc.As per applicable
rates. Further, railways deposit the statutory deductions themselves to the concerned
authorities.
With GST act in force, it will be the responsibility of service providers (i.e.
Contractors) to submit the invoice (bill) duly segregating the GST component from the
Gross amount of work executed.
(A) (i) All works contracts are to be provided with goods /service code based on
the type of contract. In case contract consists of both goods & service, them
interpretation regarding nature of contract shall be done as per clause 8, Chapter III
of CGST Act, 2017. The goods/service code is notified by Ministry of Finance and can
be downloaded from the website www.cbec.gov.in.
(ii) The ‘On account / final contract certificate’ shall be prepared by the Railway on
the basis of quantity of work executed and agreement rates, duly segregating the
GST component as detailed in para (iii) below.
(iii) Since the agreement rates of contracts are inclusive of all taxes as per clause
37 of GCC-2014, the calculation of ‘Gross amount of work executed’, ‘ Amount of
work executed excluding GST amount’ and ‘GST amount’ in the ‘on account / final
contract certificate’ shall be done as under:
Let Z = Gross amount of work executed on the basis of quantum
of work executed and agreemental rates.
X = Amount of work executed excluding GST amount.
Y = GST amount as per applicable OST rate for that
goods/service code.
Z = Percentage rate of GST for that goods/service code.
Then, Z = X + Y, Y = X*R/100.
(iv) Percentage rate of GST for various types of goods/services as finalised by GST
council can be downloaded from the website www.cbec.gov.in.
(B) (i) Once the ‘on account / final contract certificate’ is prepared by railway and
communicated to contractor, the contractor shall submit invoice (bill) on his Letter
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head duly segregating the ‘Amount of work executed excluding GST amount’ (i.e. “X”
& “Y” as mentioned in para 3(A) (iii) above) along with Invoice No. (bill No.) and all
other details required under GST act. The sample GST compliant invoice is annexed
herewith.
(ii) In case is liable to be registered under GST Act, Railway shall pay to the
Contractor ‘Gross amount of work executed’ (i.e. “Z” as mentioned in para 3A(iii)
above) duly deducting all other leviable taxes like II Tax, labour cess, royalty etc. as
applicable. Contractor shall be liable to pay ‘GST amount’ to respective authority
himself. Whereas, railway shall deposit all other taxes deducted to concerned
authority as is being done presently.
(iii) In case contractor is not liable to be registered under GST Act, contractor shall be
paid” Amount of work executed excluding GST amount” (i.e. “X” as mentioned in para
3A(iii) above) duly deducting all other leviable taxes like I/Tax, labour cess, royalty
etc. as applicable. Railway shall deposit ‘GST amount’ as well as all other taxes
deducted to concerned authority.
(iv) In case any need arises to modify the Invoice (Bill) due to any reason,
contractor shall submit amended fresh invoice for processing the payment.
Note:-
*All rates quoted in the tender shall be deemed to be inclusive of GST (Goods Service
Tax) payable by the contractor/s to the Govt. or public body or local authority as on
the date of opening of tender and no additional amount will be paid or claim
entertained on this account by the Railway.
*However, in case of any subsequent increase in the rates of GST, the increased
amount will be reimbursed to the contractor, only on production of documentary proof
of payment of GST at such increased rates along with State/Central Govt.‘s order.
*Similarly in case of decrease in the rate of GST charges or its waival, payment of
GST will be regulated by such reduced rate and recovery shall be affected from the
contactor accordingly.
*Reimbursement, if required, shall be worked out separately by the contractor and
submitted along with claims for on-account payments.
*Recovery, if required, shall be worked out separately by Railways and the amount so
worked out shall be deducted from Contractor’s Bills for on account payments.
*The amount of reimbursement or recovery, as the case may be, as per revised rate
of GST shall be applicable only for the quantity of work executed by the contractor
after the Government Resolution for revision of rate of GST has come into effect.
*The reimbursement/recoveries as per the revised rate of GST shall be effective only
for the original completion period of the work. However, the amount as per revised
rate of GST is payable / recoverable during the extended period of the contract, and
the extension has been granted on administrative grounds i.e. under Clause 17-A (i),
(ii) or (iii) of GCC. Where extensions of time has been granted due to contractor’s
failure under Clause 17 (B) of the General Conditions of Contract, the reimbursement
due to change in rate of GST shall not be payable for such extended period, however
decrease in the rate of GST or its waival, the difference in the amount will be
recovered from the payment of the contractor for such extended periods under Clause
17 (B) of GCC.
The provision made by these amendments or by any further orders of the Railway
Board in connection with the provision of the CGST and SGST Acts, as on the date of
opening of the tender, will supersede any other provision in this Tender document if in
contradiction.
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certificate, the recording of measurement for works executed shall include all the
items and their quantity included in previous on account contract certificates,
irrespective of whether to be paid or not in the current On Account Contract
Certificate/ Final Contract Certificate.
12. No payment shall be processed on Lump sum measurement taken by
contractor's authorized engineer except for earthwork. For earthwork, every 4th bill
shall be based on actual levels taken and detailed calculations carried out for the work
done.
13. The contractor shall take out carefully from CMB the used pages of CMB with
one extra blank page for processing the bill; staple them for submission to AEN / XEN
along with bill, duly signing the measurements. The contractor shall keep a
photocopy of the measurements with him for future reference.
14. At the time of submission of final bill, the contractor shall submit all the
remaining CMBs (unused as well as partially used) with him along with bill to AEN /
XEN.
15. The contractor shall submit required copies of invoice and on account contract
certificate / final contract certificate (similar to form E.1337 and Form E.1338) to the
AEN / XEN duly marking them - original or duplicate copy. Original shall be used for
release of payment whereas duplicate copies shall be used for record purpose in
different offices.
16. In case contractor requires provisional payment of on-account bill, the
contractor shall submit his invoice and provisional on account contract certificate for
75% of amount of work done (before deduction of taxes). The contractor shall write
'For Provisional Payment' on top of such on-account contract certificate.
17. AEN/XEN while issuing receipt ofstapled sheets
ofCMBtocontractorshallclearlyrecord the sameinsheet4(E.1314)
ofconcernedCMB,keptintheofficeofAEN / XEN.
Release of Provisional Payment
18. Senior Section Engineer /'Junior Engineer with 5year experience' (SSE/JE)
andAEN / XEN shallsign&record acertificate ontheoriginal provisional 'on account
contract certificate' as under:
"Certified thatthepayment beingmadeislessthantheamount dueforthequantities
ofworks executed bythecontractor".
Incaseofpaymentofearthwork items inanycontract, calculationofquantity ofsuch items
alongwithfieldbook/levelbookmustbeenclosed. Thisshallbecrosschecked, asconsidered
appropriatebySSE/JE & AEN/XEN,toensurethatnoexcesspaymentisbeingmade.
At this stage no test check of measurements by railway isrequired.
19. AEN / XEN shall keep a copy of contractor's invoice & provisional on account
contract certificate in his office, and submit original invoice & original provisional on
account contract certificate along with required number of duplicate copies, and used
sheets of CMB to the Dy.CE/C unit for passing the bill and release of payment.
20. The provisional on account contract certificate shall be passed by Dy.CE/C and
payment shall be released by associate finance based on above certification of SSE/JE
and AEN / XEN. After release of payment, blank sheet of CMB (if any) shall be
crossed by Dy.CE/C before sending the measurement sheets back to AEN / XEN for
carrying out required test checks. At this stage measurements shall not be crossed.
21. No provisional payment shall be allowed in final contract certificate. Further,
once provisional payment has been released in any on-account contract certificate,
the next on account contract certificate can be raised by contractor only when
accounts ofprevious on account certificate(Provisional aswellasremaining payment)
hasbeenfinalised.
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Test Check
22. Necessary test checks shall be carried out by the SSE/JE and AEN/XEN for the
works done before full payment of on-account contract certificate/final contract
certificate. SSE/JE and AEN / XEN shall communicate the date of test checks to
contractor in advance. The contractor can accompany during test check. The
contractor shall provide support staff and all required tools & plants to facilitate test
check by railway officials.
23. The stipulated testchecks forAEN / XEN andSSE/JELevelistabulated asunder:
S. Description ofWorks TestCheckintermsof%ofvalueby
No. SSE / JE AEN / XEN
(a) Measurement of Ballast, pitching stone, 100% 100%
Earthworkandhidden items
(b) Measurement ofallotheritems 100% 20%
(c) Initial and Final levels along centre line 100% 100%
for earthwork in embankment and
cutting
(d) Intermittent levels along centre 100% 20%
line for earth work in embankment and
cutting
(e) Initial, intermittent and final levels 100% 20%
except centre line for earth work in
embankment and cutting
Note: Thecheck regarding levels ofearthwork invariably shall be carried outincross
sections havingheavycrossslopes.
24. Contractor's recorded measurement sheets shall be checked for any
corrections/ over writing during test check. All the corrections/over writing shall be
initialed by SSE/JE.
25. The discrepancy noted (if any) during test check of recorded measurement
shall be communicated by AEN / XEN to the contractor.
26. In case of discrepancy noticed during test check, the contractor shall submit
original and required copies of fresh invoice of amount corrected for discrepancy, and
in case provisional payment has been released earlier, the required copies of fresh
invoice ofremaining amount corrected for discrepancy (if any), along with on
account/final contract certificate to AEN / XEN.
Full payment of On Account Contract Certificate/Final Contract Certificate
27. AEN / XEN shall submit original copy of invoice and on account contract
certificate of remaining amount/ Final Contract Certificate, along with required
number of duplicate copies and used sheets of CMB (all used/blank CMBs in case of
final contract certificate), duly signed by SSE/JE and AEN / XEN to the Dy.CE/C for
passing the bill and release of payment.
28. Once the payment is released, Dy.CE/C shall return back the used sheets of
CMB to AEN / XEN for safe custody, duly crossing of measurements by finance officer.
29. Once all used sheets of a particular CMB is received back by AEN / XEN from
Dy.CE/C, the AEN / XEN shall re-bind all 100 pages of CMB along with sheet No. lA to
4A for submission of CMB to Dy.CE/C office. Dy.CE/C office shall record the receipt of
same in sheet No. 2A of CMB and Register of Measurement Books (Form E1314).
30. The final contract certificate shall be passed by Dy.CE/C only after receipt of all
CMBs (used/blank) from AEN / XEN.
31. The provisions of this Para shall be applicable to all the departments of Indian
Railways andtobeexecuted through equivalent authorities ofrespective departments.
The provision made by these amendments or by any further orders of the Railway
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Board in connection with the provision of the IR WCMS Portal, as on the date of
opening of the tender, will supersede any other provision in this Tender document if in
contradiction.
49. Public Procurement (preference to Make in India) Order 2017:
(Railway Board’s letter No.2015/RS(G)/779/5; dt.27.12.2017)
The work shall be carried out only with indigenous resources including men, material,
machinery and financial resources. In exceptional cases, where foreign resources are
proposed to be deployed, explicit prior written approval of CAO(C) shall be
obtained.
50. Option to take payment from Railways through a letter of credit (LC)
arrangement:
(Railway Board’s letter No.2018/CE-I/CT/9; dt.04.06.2018)
(i) For all tenders having advertised cost of Rs.10 lakh or above, the contractor
shall have the option to take payment from Railways through a letter of credit (LC)
arrangement.
(ii) This option of taking payment through LC arrangement has to be exercised in
IREPS (Indian Railway Electronic Procurement System – the e-application on which
tenders are called by Railways) by the tenderer at the time of bidding itself, and the
tenderer shall affirm having read over and agreed to the terms and conditions of the
LC option.
(iii) The option so exercised, shall be an integral part of the bidder’s offer.
(iv) The above option of taking payment through LC arrangement, once exercised
by the tenderer at the time of bidding, shall be final and no change shall be
permitted, thereafter, during execution of contract.
(v) In case tenderer opts for payment through LC, following shall be the procedure
to deal release of payment through LC:
(a) The LC shall be a sight LC.
(b) The contractor shall select his Advising / Negotiating bank for LC. The
incidental cost towards issue of LC and its operation thereof shall be borne by the
contractor.
(c) SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs based on
online requests received from Railway Accounts Units for tenders opened in financial
year 2018-19.SBI branches where the respective Railway Accounts Office has its
Accounts (local SBI branch) will be the issuance / reimbursing branch for LC issued
under this arrangement. The Bank shall remain same for this tender till completion of
contract. The incidental cost @0.15% per annum of LC value, towards issue of LC and
operation thereof shall be borne by the contractor and shall be recovered from his
bills.
(d) The LC shall be opened initially for duration of 180 to 365 days in consultation
with contractor. The LC shall be extended time to time as per the progress of the
contract, on request of the contractor. The value of LC to be opened initially as well as
extended thereafter shall be finalised by the engineer in consultation with the
contractor on the basis of expected progress of work.
(e) The LC terms and conditions shall inter-alia indemnify and save harmless the
Railway from and against all losses, claims and demands of every nature and
description brought or recovered against the Railways by reason of any act or
omission of the contractor, his agents or employees, in relation to the Letter of Credit
(LC). All sums payable / borne by Railways on this account shall be considered as
reasonable compensation and paid by contractor.
(f) The LC terms and conditions shall inter-alia provide that Railways will issue a
Document of Authorisation (format enclosed as Annexure XVII) after passing the bill
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for completed work, to enable contractor to claim the authorised amount from their
bank.
(g) The acceptable, agreed upon document for payments to be released under the
LC shall be the Document of Authorisation.
(h) The Document of Authorisation shall be issued by Railway Accounts Office
against each bill passed by Railways.
(i) On issuance of Document of Authorisation, a copy of Document of
Authorisation shall be posted on IREPS for download by the contractor. A digitally
signed copy of Document of Authorisation shall also be sent by Railway Accounts
Office to Railway’s bank (Local SBI Branch).
(j) The contractor shall take print out of the Document of Authorisation available
on IREPS and present his claim to his bank (advising Bank) for necessary payments
as per LC terms and conditions. The claim shall comprise of copy of Document of
Authorisation, Bill of Exchange and Bill.
(k) The payment against LC shall be subject to verification from Railway’s Bank
(Local SBI Branch).
(l) The contractor’s bank (advising bank) shall submit the documents to the
Railway’s Bank (Local SBI Branch).
(m) The Railway’s Bank (issuing bank) shall, after verifying the claim so received
w.r.to the digitally signed Document of Authorisation received from Railway Accounts
Office, release the payment to contractor’s bank (advising bank) for crediting the
same to contractor’s account.
(n) Any number of bills can be dealt within one LC, provided the sum total of
payments to contractor is within the amount for which LC has been opened.
(o) The LC shall be closed after the release of final payment including PVC
amount, if any, to the contractor.
(p) The release of performance guarantee or security deposit shall be dealt directly
by Railway with the contractor i.e. not through LC.
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recorded in writing and signed by the contractor and shall form the basis of the
measurements immediately before any portion of the work.
56.3 The contractor shall have to make & maintain at his own cost suitable approach
road and path, etc. for proper inspection of the various works. He shall also provide
all facilities as required by the Engineer such as Ladder and other appliances for
satisfactory inspection of the works and places where materials for the work are
stored or prepared.
The register considered necessary by the Engineer shall be maintained at site in
which the representative to the Engineer & the Contractor/s or his their authorised
representative will have to sign. The registers, programs, charts etc. will be the
property of the Railway.
57. PROVISION OF LIGHT SIGNALS ETC. :
57.1 The contractor/s shall make such provision for lighting the works,
materials and plant and provide all such marks and lights, signals & other appliances
as may be necessary or as may be required by the Engineer or other responsible
authorities during the execution completion and maintenance of the work and
shall provide all labour, stores, etc. required for their efficient working and use at
any time of day or night. He/They shall also provide all arrangement of every
description of watching & maintenance required in connection with the foregoing &
all other services for protection of any securing all dangerous places whether to the
contractor's workmen or to other persons & or vehicular traffic until the work is
certified by the engineer to have been completed & taken over in accordance with
the contract.
57.2 The contractor/s will provide upon the works to the satisfaction of the Engineer
and at such, places as he may nominate, proper and sufficient life saving, fire
fighting and first aid appliances which shall at all times be available for use.
57.3 The Railway Administration may recommend to the concerned authorities the
issue of necessary transport permits for the work. The contractor shall, however,
furnish full justification for the above facilities, to enable the Railway Administration to
address the State Government or other authorities in this connection. The contractor
shall also maintain regular log book of receipts and issue of the materials to
work, if so required by the Civil Authorities. No claim would, however, be
entertained by the non-issue of any priority permits or owing to any interruption in
supply.
57.4 No claim for idle labour and or idle machinery etc. on any account will be
entertained. Similarly no claim shall be entertained for business loss or any such loss.
58. HANDING OVER OF WORK
In addition to what has been stipulated in clause 40 of General Condition of Contract,
it is made clear that all the works and materials before being finally taken over by
CENTRAL RAILWAY will be entirely liability of the contractor for guarding, maintaining
and making good any damages of any magnitude. It is however understood that
before taking over such work CENTRAL RAILWAY will not put it to its regular use as
distinct from casual or incidental one except as specially mentioned elsewhere in this
contract or mutually agreed to.
59.Contractor shall arrange to provide 2 no four wheeler service vehicle such as Tata
Sumo, Xylo, Tavera, Scorpio, Innova or similar vehicles continuously from
commencement of work to completion of work for Railways Supervisors & Engineers
and all required equipments, tools and plants such as level, staff, theodolite etc.
connected with the proposed work, for their day to day movement to site from
Dy.CE© Pune office to site of work as and when required. No separate payment
for these facilities shall be made. The intending tenderers should take into account /
consider all the probable expenditure on this account while quoting the overall rate in
the tender.
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Appendix-IX
SAFETY RULES
[Para 23(ii)]
1. Suitable scaffolds should be provided for workmen for all works that cannot
safely be done from the ground or from solid construction except such short period
work as can be done safely from ladders. When a ladder is used an extra labourer
shall be engaged for holding the ladder and if the ladder is used for carrying materials
as will, suitable foot-holds and hand holds shall be provided on the ladder and the
ladder shall be given an inclination not steeper than one horizontal to four vertical.
2. Scaffolding or staging more than 3.5 metres above the ground or floor swung
or suspended from an overhead support or erected with stationary support shall have
a guard rail properly attached bolted, braced and otherwise secured above the
floor or platform of such scaffolding or staging and extending along the entire
length thereof with only such opening as may be necessary for the delivery of
materials. Such scaffolding or staging shall be so fastened as to prevent it
from swaying from the building or structure.
3. Working platform gangways and stairways should be so constructed that they
should not sag unduly or unequally, and where the height of the platform or
the gangway or the stairway is more than 3.5 meters above ground level or
floor level, they should be closely boarded, should have adequate width and
should be suitably fastened as described in the Para above.
4. Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed. No portable single ladder
shall be over 10 meters in length while the width between side rails in swung
ladder shall in no case be less than 300 mm for ladder up to and including 3.5
meters in length. For longer ladders this width should be increased by at least
20 mm for each additional meter of length. Uniform steps spacing shall not
exceed 300 mm. Adequate precautions shall be taken to prevent danger from
electrical equipment. No materials on any of the sides of work shall be so
stacked or placed as to cause danger for inconvenience to any persons or the
public.
The contractor shall provide all necessary fencing and lights to protect the
public from accident, and shall be bound to bear the expenses of defence of
every suit, action or other proceedings at law that may be brought by any
persons for injury sustained owing to neglect of the above precautions and to
pay any damages and cost which may be awarded in any such suit, action or
proceedings to any such persons or which may with the consent of the
contractor be paid to compromise any claim by any such person.
5. Before any demolition work is commenced and also during the process of the
work: -
(a) All roads and open areas adjacent to the work site shall either be closed
or suitably protected.
(b) No electric cable or apparatus which is liable to be a source of danger
over a cable or apparatus used by the operator shall remain electrically
charged.
(c) All practical steps shall be taken to prevent danger to persons employed
from risk of fire or explosion of flooding. No floor, roof or other part of
the building shall be so overloaded with debris or materials as to render
it unsafe.
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(a) Workers employed on mixing asphalt materials, cement and live mortar shall
be provided with protective goggles.
(b) Those engaged in white washing and mixing or attaching of cement
bags or any materials which are injurious to the eyes shall be provided
with protective goggles.
(c) Those engaged in welding works shall be provided with welder's
protective eyesight lids.
(d) Stone breakers shall be provided with protective goggle and protective
clothing and seated at sufficiently safe intervals.
6. In case the contractors have to ply vehicles for the purpose connected with the
contract adjacent to Railway track, the Railway Administration will be at
liberty to post an experienced staff as flag man for guidance of the
movements of such vehicles so as to prevent accidents and the contractor
will bear wages including all etc. of the staff posted as flag man for the
period of Contract for such periods during which such staff is posted for
the purposes. The Railway Administration will be sole judge in the absolute
discretion, of the fact that it is necessary to post any staff, that which of
the staff will be suitable for the purpose, that what should be the wages
and other allowance payable by the contractor for staff posted for the
purpose. The Railway Administration will have a right without prejudice to
other remedies to deduct the wages etc. of such staff from the bills of the
contractor in respect of this contract of from any moneys or the contractor,
whatsoever, available with the Railway Administration. The contractor will
be liable for any over payments under Workman Compensation Act on
account of any injury sustained to Railway servant during that period.
a) Nominated vehicles and drivers will be utilized for work in the presence of at least
one flagman and one supervisor certified for such work.
b) The vehicles shall ply in clear of track. Any movement/work at less than 6m and
up to minimum 3.5m clear of track center, shall be done only in the presence of
Railway employee authorized by this Engineer-in-charge.
c) The Contractor shall remain fully responsible for ensuring safety and in case of any
accident, shall bear the cost of all damages to the railway property and its
passengers. Engineer-in-charge may impose any other condition necessary for a
particular work or site.
8. When the work is done near any place where there is risk of drowning, all
necessary equipment should be provided and kept ready for use and all
necessary steps taken for prompt rescue of any persons in danger and
adequate provision should be made for prompt first aid treatment of all injuries
likely to be sustained during the course of the work.
9. Use of hoisting machines and tackle including their attachment anchorage and
supports shall confirm the following standards or conditions:
(a) (i) These shall be of good mechanical construction, sound materials and adequate
strength and free from patent defect and shall be kept in good repair and in good
working order.
(ii) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength and free from patent defects.
(b) Every Crane Driver or hoisting appliances operator shall be properly qualified
and no person under the age of 21 years shall be in-charge of any hoisting machine
including any scaffolding.
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(c) In case of every hoisting machine and of every cabin ring, shackle, swivel and
pulley block used in hoisting or as means of suspension, safe working load shall be
ascertained by adequate means. Every hoisting machine and all gear referred to
above shall be plainly marked within the safe working load.
In case of a hoisting machine having a variable safe working load, each safe working
load of the conditions under which it is applicable shall be clearly indicated. No part
of any machinery or any gear referred to above in this paragraph shall be loaded
beyond the safe working load except for the purpose of testing.
(d) In case of departmental machine, the safe working load shall be notified by the
Electrical Engineer-in-charge. As regards contractor's machines, the contractor shall
notify safe working load of the machine to the Engineer-in-charge whenever he brings
any machinery to site of work and get it verified by the Electrical Engineer concerned.
10. Motors, gearing transmission, electric wiring and the dangerous part of
hoisting appliances should be provided with efficient safe guards. Hoisting
appliances should be provided with such means as will reduce to the minimum,
the risk of accidental descent of the load. Adequate precautions should be
taken to reduce to the minimum, the risk of any part of a suspended load
becoming accidentally displaced. When workers are employed on electrical
installations, which are already energised insulating mats, wearing apparel,
such as gloves, sleeves and both as may be necessary should be provided. The
workers should not wear any rings, watches and carry keys or other materials,
which are good conductors of electricity.
11. All scaffolds, ladders and other safety devices mentioned or described herein
shall be maintained in safe condition and no scaffold ladder or equipment shall
be altered or removed while it is in use. Adequate washing facilities should be
provided at or near places of work.
12. These safety provisions should be brought to the notice of all concerned &
displayed on a notice board at a prominent place at the work spot. The persons
responsible for compliance of the safety code shall be named herein by the
contractor.
13. To ensure effective endorsement of the rules and regulations relating to safety
precautions, the arrangements made by the contractor shall be open to
inspection by Labour Officer/Engineer-in-charge of the Department or their
representative.
14. Notwithstanding the above clause from (1) to (13) there is nothing in these to
exempt the contractor from the operation of any other act or Rule in force in
the Republic of India.
***
Appendix-X
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contractors
2 6/11/2002 EW/187/R/465/9 Compendium of instruction on safety
/Vol.II issued by Northern Railway
3 9/2/2004 & EW/187/R/465/C Handbook on safety at construction
8/6/2004 ompendium Cir. work sites
4 1/9/2004 EW/187/R/WKS- Correction slip No. 69 dated
Policy/V 23.5.2001 for para No. 826 of IRPWM
regarding safe working.
5 17/8/2006 CON/CAO(C)/Mis Safety measures to be adopted at
c./Genl./2006 work sites
6 15/12/2006 EW/187/R/465/S Safety in dismantling of bridges and
afety Policy structures
18/01/ CE Circular No. Procedural order for ensuring safety
7
2008 190 vide letter at work site issued by PCE, Central
No. T103/PWT/- Railway.
18 / XXI dated
18.01.2008.
8 24/06/ Rly Board’s letter Procedure for Undertaking digging
2013 No. 2003/Tele/ work in the vicinity of underground
RCIL/1/Pt.IX signaling, electrical and
telecommunication cables.
The GIST of important instructions on the above subject are given as under:
I. The contractor shall not start any work without the presence of railway
supervisor at site.
II. Wherever the road vehicles and/or machinery are required to work in the
close vicinity of railway line, the work shall be so carried out that there is no
infringement to the Railway’s schedule of dimensions. For this purpose, the
area where road vehicles and/or machinery are required to ply, shall be
demarcated and acknowledged by the contractor. Special care shall be taken
for turning/reversal of road vehicles/machinery without infringing the running
track. Barricading shall be provided wherever justified & feasible as
per site condition.
(a) The road vehicle shall be run or machinery shall be worked so as not to
come closer than 6.0m from centre line of nearest running track.
(b) The land strip adjacent to running tracks, where road vehicle is to ply or
machinery is to work, shall be demarcated by lime in advance in
consultation with the Railway’s supervisor. Wooden pegs at interval not
exceeding 75m, shall be provided along the line marking as permanent
marks. The road vehicles shall ply or machinery shall work so as not to
infringe the line of demarcation.
(c) (i) In no case the road vehicle shall run or machinery shall work at
distance less than 3.5m from central line of track.
(ii) Demarcation of land shall be done by bright coloured ribbon/nylon
chord suspended on 75cm. high wooden/bamboo posts at distance
of 3.5m from center line of nearest running track.
(iii) Railway Supervisor shall issue suitable caution order to driver of
approaching train about road vehicles plying or machineries
working close to running tracks. The train driver shall be advised
to whistle freely to warn about the approaching train. Whistle
boards shall be provided wherever considered necessary.
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(iv) Look out men shall be posted along the track at a distance of 800m from such
locations who will carry red flag and whistle to warn the road vehicle/machinery user
about the approaching train.
(v) On curves where visibility is poor, addition look out men shall be posted
(d) Under unavoidable condition, if road vehicles is to ply or machinery is to work
closure to 3.5m due to site conditions or requirement of work, following precautions
shall be observed.
*Plying of vehicle or working of machinery closure to 3.5m of running track shall be
done only under protection of track. Traffic block shall be imposed wherever consider
necessary.
*Railway supervisor shall issue suitable caution order to driver of approaching train
about road vehicles plying or machineries working close to running track. The train
driver shall be advised to whistle freely to warn about the approaching train.
(e) The location where vehicle will take a turn shall be demarcated duly approved
by railway representative. The road vehicle driver shall always face the Railways
track during the course of turning/reversing his vehicle. Presence of an authorized
Railways representative shall be ensured at such location.
III. The road vehicles will ply only between sun rise and sun set.
IV. Road vehicle shall not be allowed to run along the track during night hours
generally. In unavoidable situation, however, vehicle shall be allowed to work during
night hours only in the presence of an authorized railway’s representative and where
adequate lighting arrangement are made and where adequate precaution as
mentioned earlier have been ensured.
V. Nominated vehicle and drivers will be utilised for work in the presence of at
least one flagman and one supervisor certified for such work.
VI. The contractor shall fully responsible for ensuring safety and in case of any
accident, shall bare cost of all damages to this equipment and men and also damages
to railway and its passengers.
VII. Assistant Officer/Sr. Scale Officer shall issue competency certificate after
checking license and their working to all driver of nominated
vehicles/machinery. Inspector at site shall ensure that the driver who does not
possess competency certificate will not work at site.
VIII. Vulnerable locations where construction work adjacent to running line can
cause accident should be protected by suitable strong barrier which should be
included as a paid item in contract schedule. This location should be decided by
Executive Engineer in-charge of the work at the beginning of construction and
intimated to contractor in writing. The barrier should be painted with retro reflective
paint at suitable interval to give warning at night.
2. Electrical cables and singling cables are running along the railway line. Care shall
be taken to protect such cables during execution and vehicle movements.
Contractor shall take all required precautions as prescribed in Joint Procedural
order for undertaking digging work in the vicinity of underground signalling,
electrical and telecommunications cable as communicated vide Rly Board’s letter
No. 2003/Tele/RCIL/1/Pt. IX dated 24.06.2013. Tenderers can see copy of this
joint procedural order in the Office of Dy.Chief Engineer(C). Successful
tenderers shall obtain the copy of this order before commencement of work for
their guidelines and ensuring strict compliance.
3. In case damage is caused to OFC/QUAD cable during execution of the work, the
contractor is liable to pay a penalty for damaging the cable. Penalty shall not be
levied in case of the following.
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i) Detailed cable route plan as per cluse C-1 OF Rly Board’s letter No.
2003/Tele/RCIL/1/Pt. IX dated 24.06.2013 not provided by concerned
department or cable is not protected as per laid down procedures.
ii) The alignment of the cable does not tally with the information provided to
the contractor.
iii) The cable depth is found to be less than 800 mm from normal ground level.
iv) No representative of S&T department/Railtel was available at site guarding
the cable on the fixed pre-determined date and time.
4. Penalty to be imposed for damages to cable from the contractor due to default on
the part of the contractor shall be as under. The decision of Engineer-In-Charge
on fixing up of responsibility on contractor on this account will be final and binding
on the contractor.
***
Appendix-XI
(Space for
Photo)
I) Sr. No.
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Appendix-XII
PERFORMANCE GUARANTEE BOND
In consideration of the President of India (hereinafter called “The Government”)
having agreed to exempt________ (here in after called “the said contractor/s) from
the demand, under the terms and conditions of an agreement made between ………….
and ……………. for …………… (mention Name of Work with LOA No. & Date) (here in
after called “the said agreement”), of performance Guarantee for the due fulfilment
by the said contractor/s of the terms and conditions contained in the said agreement,
on production of a Bank Guarantee Bond for Rs……. (Rupees……only)
(b) The payment so made by us under this bond shall be a valid discharge of
our liability for payment there under and the contractor(s) shall have no claim
against us for making such payment.
4. We, …………….. (indicate the name of bank) do further agree that the guarantee
herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues of the Government under or by
virtue of the said agreement have been fully paid and its claims satisfied or
discharged or till ……….. Office (of LOA issuing Authority) / Department /
Ministry of ________ certify that the terms and conditions of the said
agreement have been fully and properly carried out by the said contractor(s)
and accordingly discharges this guarantee. Unless a demand or claim under
this guarantee is made on us in writing on or before the _____________ we
shall be discharged from all liability under this guarantee thereafter.
5. We, …………….. (indicate the name of Bank) further agree with the Government
that the Government shall have the fullest liberty without our consent and
without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said agreement or to extend time of performance
by the said contractor from time to time or to postpone for any time or from
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time to time any of the powers exercisable by the Government against the said
contractor (s) and to forbear or enforce any of the terms and conditions
relating to said agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said
contractor(s) or for any forbearance act or omission on the part of the
Government or any indulgence by the Government to the said contractor(s) or
by any such matter or thing whatsoever which under the law relating to
sureties would, but for this provision have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of
the Bank or the Contractor(s).
7. We, …………….. (indicate the name of the Bank) lastly undertake not to revoke
this guarantee except with the previous consent of the Government in writing.
Witness
1………………………………….
2………………………………..
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Appendix-XIII/1A
COVER E.1313
(SheetIA)
Railway _____________
CMB No. ___________
Department __________________________________________________________
Division/Construction Unit ___________________________________________
Name of Work _____________________________________________________
Agreement No. ____________________________________________________
NameofAgency _________________________________________
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Appendix-XIII /2A
(Sheet 2 A)
Railway _____________
CMB No. ___________
CONTRACTOR'S MEASUREMENT BOOK
Department __________________________________________________________
Division/Construction Unit ___________________________________________
Name of Work _____________________________________________________
Agreement No. ____________________________________________________
NameofAgency _________________________________________
Issued to _______________________________________________
(Name & designation)
___________________ on
_____________________
(station) (date)
Received by ____________________________________________________
(Signature)
_____________________
_____________________
(Designation) (Station)
on
_____________________
(date)
Date of first entry _________________
Date of last entry _________________
Date received back in Division/Const. Unit
office after completion of book ____________________
Certified that this Measurement Book contains 100 machine numbered pages from _________ to
________ (both pages inclusive) which have been counted by me and found correct.
Signature
_________________
Date ______________ Designation
_______________
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Appendix-XIII /3A
E.1313
(Sheet 3 A)
Railway _____________
CMB No. ___________
Certified that this Contractor’s Measurement Book pages returned by contractor have been counted
by me and are correct. The details of pages received by me is as under:
S. On Account Bill Page No. From No. of Date of receipt in Sign & Designation
No. No. ____ To ____ Pages AEN / XEN Office of Railway official
1
2
3
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Appendix-XIII /4A
E.1313
(Sheet 4 A)
Railway _____________
CMB No. ___________
INDEX OF M.B.
Appendix-XIII /5A
E.1313
(Sheet 5 A)
Railway _____________
Space for Machine numbering with
CMB No. ___________ six digits unique number
Division / Construction Unit _________________
INDEX OF M.B.
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SECTION “C”
&
ADDITIONAL
SPECIAL
CONDITIONS OF
CONTRACT
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*****
A. NATURE & SCOPE OF WORK :
Supply,fabrication and launching of composite girder for major br.no.37/1 including
casting of deck slab, trolley refuge, railing, bearings and other allied works in between
SHIV-ABLE block section in connection with Pune-Miraj doubling project
Note : In terms of HQ's letter No. W.187.R.GCC dated 24.05.2019, "If any contract is
terminated under clause 62 of GCC on contractor's fault, then that contractor shall be
temporarily debarred from participation in any tender in that division for ONE YEAR, If
so decided by the Tender Accepting Authority
***
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1. The structures shown in GAD are tentative; actual size & shape of structural
members of drain/RCC Structure will be as per detailed RCC/Steel design
drawings. GAD is available in the office of Dy. CE (C) Pune . Tenderer may
study the same before submitting the offer:-
i) It should be specifically noted that some of the detailed drawings may not
have been finalized by the Railway and will, therefore, be supplied to the
contractor as and when they are finalized on demand. No compensation
whatsoever on this account shall be payable by the Railway Administration.
ii) No claim whatsoever will be entertained by the Railway on account of any
delay or hold up of the work/s arising out of delay in approval of drawings,
changes, modifications, alterations, additions, omission and the site layout
plans or details drawings and design and or late supply of such material or
delay in handing over of land, as are required to be arranged by the
Railway or due to any other factor on Railway Accounts.
iii) No claim for idle labour and or idle machinery etc. on any account will be
entertained. Similarly no claim shall be entertained for business loss or any
such loss.
Ref: {CAO(C)CSTM’s L.no. EW/187/R/465/Spl.Conditions Dt. 24.05.2007}.
4. While doing the work, if any obstruction is met with, such as water pipeline,
sewerage, gas pipeline, electrical cable, telephone cable or any other structure
which is to be cleared, it will be removed by the Railway at their own cost or
the Tenderer/Contractor will be asked to remove the obstruction for which
necessary payment shall be made to the Contractor.
5. Contractor has to provide all necessary signage’s, boards etc. for road traffic
diversion if required. Being incidental to work, no extra payment for the same
will be made. Contractor has to take all necessary precaution for the safety of
the road traffic.
6. The Contractor has to provide one site office duly furnished with all facilities to
keep record updated and to furnish information about progress to higher ups
with e- updates, fully developed lab including technical staff at site for testing
of various materials. A list of equipment/machinery to be kept in the
laboratory is given in the Annexure- XX of the tender document. No extra
payment for setting up the lab will be paid to the contractor. It is expected to
establish laboratory within 2 months from start of the work. If contractor fail
to establish laboratory within 2 months from start of work, penalty of Rs.
5000/- per week will be imposed on the contractor till establishment of
laboratory at site. Further, if contractor fail to establish laboratory within 4
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months from start of work, fine of Rs. 1,00,000/- (Rs. One Lakh only) will be
recovered from the payment of the contractor. Decision of Railway Engineer in
deciding the necessity of laboratory depending on nature of work and
subsequent penalty will be final and binding on the contractor. After
completion of work all the equipment’s/machinery shall be property of the
contractor.
7. As the work is away from main road, contractor will arrange road transport for
Railway supervisor/staff from nearest Railway station to centralized site office
and from the centralized site office to the work sites and vice versa at their
cost. No payment will be made to the contractor on this account.
8. The tenderer is expected to visit the site and get him fully familiarized with
the site conditions before submitting the tender. They shall consider all the
site conditions likely to be encountered including availability of materials,
resources, approach road and other local conditions before tendering.
9. The railway administration will not provide any facilities such as water, electric
power, service roads etc. and tenderer will have to make their own
arrangement for such services and also for camp, stacking material etc.
However, they can make use of existing service road, if any.
10. The rate quoted by the tenderer should be inclusive of all taxes, levies, GST,
royalty charges etc. leviable by State/Central Govt. or by local authorities.
No claims for increase in the rates on account of increase in any type of tax
(except royalty on earth), shall be entertained by Railways.
11. Two Autocad Operator, and 4 unskilled labours shall be arranged by the
contractors immediately after acceptance letter is received by the contractor
and shall continue to remain till completion of the work for carrying out
necessary day to day works like layout marking, assisting in measurement
handling of various survey instruments records, register etc. They can be
deployed anywhere on site/DYCE(C) office or Head office related to work.
Failure to comply this will invite necessary recovery. The decision on rates of
recovery as worked out & approved by Engineer in charge will be final and
binding on the contractor.
12. The Contractor shall employ at least Two qualified graduate Civil engineer
having minimum 3 years if experience of the work of construction of
building/sheds in accordance with Railway Board’s letter no. 2012/CE-
I/CT/)/20 dated 10.05.2013, exclusively for this work. In case the contractor
fails to employ the technical staff as aforesaid, he shall be liable to pay a
reasonable amount not exceeding sum of Rs. 40,000/- (Rs. Forty Thousand
Only) for each month or part thereof for the default period. Persistent failure
to engage suitable technical staff suitable for this type of specialized work
will lead to termination of contract under clause 62 of GCC.
13. FIRST-AID: The contractor shall maintain in a readily accessible place first aid
box including an adequate supply of sterilized dressing and sterilized cotton
wool. The appliance shall be placed under the charge of responsible person
who shall be available during working hours.
14. For smooth execution of work and ensuring availability and implementation of
the various codes, manuals, drawings etc. One number all in one
Desktop/Laptop with latest configuration may be kept at site work/Site office
for Railway with necessary software such as e reader etc. along with Two A3
size all-in-one colour printer at site office to facilitate the execution and
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monitoring of the work from the commencement of the work till the
completion, at his own cost. This complete unit with all attachments will be
the property of Contractor after completion of work. All the records/details
and drawing will become the property of Railway after completion of work.
This equipment’s should be supplied within one Month after commencement of
the work. No extra payment on this account will be entertained.
15. The erection of tubular trusses & other structural members, if required to be
carried out in day/night during traffic & power block considering safety of
passengers & trains, same shall be done by contractor for which no extra
payment or additional item will be paid for the same.
16. Contractor shall arrange all survey instrument such as auto level, Theodolite,
Total station etc on own cost whenever required.
17. Contractor shall depute surveyor with Total Station survey equipment having
microprocessor for giving layout at every stage of the work. Otherwise, if
required, for carrying out accurate survey work, survey towers should be built
at minimum 3 locations. The towers should be built in two parts i.e. inner
tower and outer tower, securely founded and braced. The inner tower shall
support the instrument only, and the outer shall support the observer /
surveyor. The inner and outer towers should be independent of each other.
The height of the tower shall not be less than the pier height. The contractor
shall be solely responsible for planning and erection of suitable type of towers
which should be maintained throughout the construction period.
This being incidental work, no extra payment will be made to the contractor for
erection of survey tower or surveying with Total station.
18. The tenderer should not stipulate any conditions while submitting his tender.
Any condition quoted by the tenderer involving financial implication shall be
mentioned on the offer sheet itself and the tenderer shall clearly indicate the
monetary value of that condition, in absence of which such conditional offer
shall be summarily rejected.
19. Contractor shall survey entire section covered under this contract to collect
details of all trees required to be cut for earthwork under the contract and
develop drawing showing details of trees i.e. types, diameter of girth, location
of tree, species etc. Contractor has to obtain all necessary permissions
required for cutting of trees from concerned department. Cost towards
obtaining permission for tree cutting from concerned department will be
reimbursed to the contractor by Railway on submission of original payment
receipt.
Cutting of trees will be done by contractor. For this no extra payment will be
made for tree girth up to 30cm (measured at a height of 1.00m above ground
level). For trees of girth more than 30cm (measured at a height of 1.00m
above ground level), cutting of trees will be paid under relevant USSOR 2011
/2021 Item.
20. The contractor shall submit a programme for completion of the work before
the commencement of work.Bar chart /Execution programme shall be
submitted in due consultation with Engg.Incharge. Failure to which suitable
penalty as finalized by Railway Engineer may be imposed .
21. All record /register regarding materials quantity, labour strength or any other
register suggested by Engineer –in-charge will be maintained by contractor/
his representative. Failure to which suitable penalty as finalized by Railway
Engineer may be imposed.
22. All works shall be done in presence of Railway Staff or competent
representative.
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23. At the close of daily work special care is to be taken to clear sites from loose
materials to avoid misuse of the same for sabotage.
24. In the section, other works are in progress, Contractor has to co-ordinate with
those agencies for executing the work smoothly, without disturbing the work
of other agencies.
25. All RCC members in contact with earth may be painted with coal tar epoxy
which will be paid under relevant item as decided by Engg. Incharge.
26. The work shall be carried out strictly in accordance with the contract
specifications. In absence of any specification for any work or material,
relevant Indian Standard Specifications would be applicable, and where no
Indian Standard Specifications exist, relevant International specification or the
specifications given by Railway would be followed. Decision of Railway in this
regard would be final and binding on the contractor.
27. Any items, if not required as per site conditions can be deleted or new items
required to be executed will be operated according to the modification of
drawings/specifications or as per the instructions of Engineer-in-charge,
governed by the provision of General Condition of Contract. No claim
whatsoever in this regard shall be entertained.
28. Cement shall be supplied/arranged by contractor as per specification attached.
The rates of various Concrete NS items are inclusive of cost of cement .For
SOR concrete item, rates are exclusive of cost of cement thus, it shall be paid
under relevant items of schedule.
29. Reinforcement steel of various diameters shall be supplied by contractor as
per specification attached, payment for which (both SOR & NS item)shall be
made under relevant items of schedule {as per Item C. Rly USSOR-2011/
2021).
30. All the testing of material required to be done from outside laboratory shall be
done from the laboratory having approval of National Accreditation Board for
Laboratory Certification (NABLC).
31. LIST OF APPROVED MANUFACTURERS &SUPPLIERS :
All materials and products shall conform to the relevant standard specification,
BIS codes and other relevant codes etc.
The list of approved makes for products and materials is given below. Other
equivalent manufacturers may also be considered with prior approval of the
engineer if found confirming to all standards, subject to submission of
documentary proof of non-availability of the material, from the Approved
Manufacturers listed below:
S. No. Description of Approved Manufacturers
material
1 Cement Ultratech, ACC, GRASIM, Ambuja JK and Birla
2 Reinforcing steel bars TISCO, SAIL, RINL, Jindal, Electro Steel, Shyam
Steel, or (any other primary steel manufacturers)
as per latest RDSO vendor list.
3 Structural steel TISCO, TATA, SAIL, RINL, Jindal (any primary
steel manufacturers)
4 Admixture FOSROC, SIKA or approved equivalent.
5 Shuttering oil FOSROC, SIKA or approved equivalent.
6 Paint Asian Paint, Berger, Nerolac, ICI Dulux
7 Glazed/ceramic Tiles Johnson, Kajaria, Bell, Nitco, Spartek or
approved equivalents
8 G.I.Pipe Tata, Zenith, Bharat, Prakash with ISI mark
equivalent
9 Flush door Sejpal, Kutty, Orchid or other approved brands.
10 Glazing Hindustan, Pilkington, triveni, Float glass of Modi
ASAHI or approved equivalent
11 Aluminum Jindal, Indian Aluminium section or approved
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Note:-
i) Contractor shall ensure that material source and material are approved
by Engineer-in- Charge before commencement of work, failure may
invite rectification of used material.
ii) The material for which manufacturers are approved by RDSO,
manufacturer’s approval should be within validity period.
32. There is limited working space; therefore, the tenderer is requested to visit
the site to explore the possibility of making sufficient area for stacking
materials.
33. Railways by experience have observed that shuttering material becomes
bottleneck in achieving desired progress. Contractor shall, therefore, make
note of this and accordingly make arrangement for required shuttering
material for enabling smooth and speedy execution of work. Contractor has to
arrange new shuttering material of MS shuttering plates for execution of this
work. Use of plywood as shuttering material will not be permitted. Shuttering
shall be properly designed and fabricated in workshop. Supporting props shall
be of steel tubular pipes with screw jack type arrangement. Contractor has to
arrange sufficient shuttering material (plates, props etc.).
Shuttering/Formwork shall be strong enough to be suitable for pump
concreting.
34. Minimum Testing frequency of various materials is given in technical
specification relevant ISC Code. Tenderer/ contractor to note that testing cost
for less number of tests for any material than minimum prescribed will be
recovered at the market rate from the payment of the contractor .Railway’s
decision in this regard will be final and binding on the contractor.
35. The alignment, layout of circulating area/Road/Drain/RCC structure shall be
given by the contractor’s engineer with total station survey instrument (Lieca
or Trimble make) having memory and able to give points in field from stored
co-ordinates of points taken from CAD drawing. Electronic Total station survey
equipment shall be always available with one experience surveyor at work site
for survey work, failing which Railway may depute experienced surveyor at
market rate and recovery for the same shall be liable from contractor’s
account .
36. Contractor should submit to Railways one set of completion drawings (all
detailed drawings) after completion of work, on polyester based tracing films
(75 microns thick, one side mat of superior quality) in black indelible ink duly
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incorporating all additions and alterations in red ink along with a copy of the
same on a CD, 6 white prints and 1 copy on RTF. It will be paid under relevant
item.
37. Payment of earthwork and cutting shall be based on the cross section
calculated on levels taken at various stages for LS bill. The final payment shall
be based on the cross section on Initial Ground level and Final work done
levels only.
38. Disposal of the rejected structure.
If any structure is rejected by Railway, the contractor shall dispose of the
rejected structure at his own cost in the manner indicated by the Engineer. No
payment will be made for construction of such rejected structures.
39. Any temporary work done by contractor for execution of work shall be
removed by the contractor immediately on completion of work at his cost.
40. Contractor shall arrange to provide 2 Number four wheeler service
vehicle such as Tata Sumo, Xylo, Tavera, Scorpio, Innova or similar vehicles
continuously from commencement of work to completion of work for Railways
Supervisors & Engineers and all required equipments, tools and plants such as
level, staff, theodolite etc. connected with the proposed work. No separate
payment for these facilities shall be made. The intending tenderers should take
into account / consider all the probable expenditure on this account while
quoting the overall rate in the tender.
42.Contractor should bring within one month of issue of acceptance letter, Two latest
computer Desktop computer as specified by Engineer-in-charge alongwith and
One A-4 size laser jet printer or Similar for monitoring day to day progress &
quantity calculation / Bills etc. during the progress of work at work site. No
extra payment will be made to contractor on this account, contractor’s should
take in to a/c this aspect while quoting rate in Tender. The above computer shall
be provided alongwith licensed Softwares of Antivirus, of latest version available
in market. Contractors shall also be responsible for ensuring he working
condition of PC & Printer & shall arrange required repairs & spares as required
incl.consumables like cartridges for printers & stationery including CDs and Pen-
drives etc..
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ANNEXURE - XIII
List of Equipment/Apparatus in Field Laboratory
The work covers the provision and maintenance of an adequately equipped field
laboratory as required for site control on the quality of materials and the works.
The lab should be manned, managed & maintained by suitable, qualified
personnel from the contractor. The following minimum items/equipments shall
be provided in the field laboratory.
1 Electronic Balance of 5 kg capacity with least count of 0.1 gm. and 2 Nos.
a physical Balance of 20 kg capacity.
2 Platform balance 300 kg capacity 1 Number
3 Set of IS sieves with lid and pan for sieve analysis of materials: 2 set
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SECTION “D”
Technical
specifications
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However, basic responsibility will be of the Department executing the work and the
Contractor.
4. The SE(P.Way) or SE (Works) shall pass on the information to the concerned SE(Sig) or
SE(Tele) or SE(Elect.) about the works being taken up by the contractors in their
sections at least 3 days in advance of the day of the work. In addition Engineering
control shall also be informed by SE(P.Way) or SE(Works), which in turn shall pass on
the information to the Test Room / Network Operation centre of Rail Tel/TPC/Electrical
Control.
5. On receiving the above information, SE(Sig) or SE(Tele) or SE(Elect) shall visit the site on
or before the date of taking up the work and issue permission to the contractor to
commence the work after checking that adequate precautions have been take to avoid
the damage to the cables. The permissions shall be granted within 3 days of submission
of such requests.
6. The name of the contractor, his contact telephones number, the nature of the work
shall be notified in the Engineering Control as soon as the concerned Engg. official
issued the letter authorizing commencement of work to the contractor. Test Room be
given a copy & Test Room shall collect any further details from the Engineering control
and shall pass it on to S&T/Rail Tel & Elect officials regularly.
7. In case of works being taken up by the State Government, National Highway Authority
etc. the details of the permission given i.e. the nature of work, kilometer etc. be given
to the Engineering Control including the contract person’s number so that the work can
be done in a panned manner. The permission letter shall indicate the contact numbers
of Test Room/Network Operations centre of Rail Tel/TPC/Elect. Control.
8. Where the nature of the work taken up bythe Engineering department is such that the
OFC or other S&T cables or Electrical cables is to be shifted and relocated, notice of
minimum one week shall be given so that the Division/Rail Tel/Construction can plan
the works properly for shifting. Such shifting works shall, in addition, for security and
integrity of the cables, be supervised by S&T supervisors/Rail Tel supervisors/Electrical
Supervisors.
9. The concerned SE(P.Way) SE(Works),/SE(Sig)/SE(Tele)/SE(Elect.) or Rail Tel supervisors,
supervising the work of the contractor shall ensure that the existing emergency sockets
are not damaged in view of their importance in providing communication during
accident/emergency.
10. In case of minor nature of works where shifting of cable is not required, in order to
prevent damage to the cable, the Engineering contractor shall take out the S&T or
optical fire cable or Electrical cable carefully from the trench and place it properly
alongside at a safe location before starting the earthwork under the supervision of
SE(Sig.) or SE(Tele) or SE(Electrical). The cable shall be reburied soon after completion of
excavation with proper care including placement of the brick over the cable by the
concerned S&T supervisors or Electrical Supervisors. However, the work will be charged
to the concerned engineering works.
11. In all the sections where major project are to be taken up/going on Rail Tel/S&T Dept.
shall deploy their official to take preventive/corrective action at site of work.
12. No new OFC/Quad cable shall be laid close to existing track. It shall be laid close to
Railway boundary as per extant instructions i.e. 1.0m from the Railway boundary to the
extent possible to avoid any interference with future works (doubling etc.) It shall be
ensured in the new works of cable laying that the cable route is properly identified with
electronic or Concrete markers. Henceforth, wherever cable laying is planed and before
undertaking the laying work, the cable route plan of the same shall be got approved
from the concerned Sr.DEN or Dy CE/Constn. to avoid possible damages in future. Such
approvals shall be granted within 7 days of submission of the requests.
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13. The works of excavating the trench and laying of the cable should proceed in quick
succession, leaving a minimum time between the two activities.
14. Any damage caused to OFC/Quad cable or Electrical cable during execution of the work,
necessary debit shall be raised on Engineering Department who shall bear the cost of
the corrective action.
15. All types of bonds i.e. rail bond, cross bond and structure bond shall be restored by the
Contractor with a view to keep the rail voltage low to ensure safety of personnel.
16. Above joint circular shall be applicable for construction as well as open line organization
of Engineering, S&T & Electrical.
17. The S&T cable and Electrical cable route plan should be got approved be got approved
from the concerned. Sr. DSTE/DSTE & Sr. DEE/DEE respectively, before undertaking the
work and completion cable route plan should be finalized Block section by Block section
as soon as the work is completed.
TECHNICAL SPECIFICATIONS
1 GENERAL
1.1. Central Railway Specifications for Materials & works shall be adopted.
Some additional specifications are added herewith. Notwithstanding any
provisions made in the C.R specifications, the provisions made in the technical
specifications shall be binding. In the absence of any specification for any work
on material the relevant Indian standard specification would be applicable and
where no Indian standard specification exists, relevant international
specification or the specification given by Railway would be followed. Decision
of Railway in this regard would be final and binding on the contractor.
***
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2. OPEN FOUNDATION
2.1 EXCAVATION: After the site has been cleared, the limits of excavation shall be set out
true to lines, curves and slopes.
2.2. Excavation shall be taken to width at the lowest step of the foundation and the sides shall
be left plumb where the nature of soil allows it. Where the nature of soil or the depth of
the trench and season of the year do not permit vertical sides, the Contractor at his own
expense shall put up necessary shoring, strutting and planking or cut slopes to a safer
angle or both with due regard to the safety of personnel and works and to the
satisfaction of the Engineer.
2.3. The depth to which the excavation is to be carried out shall be as shown on the drawings,
unless the type of material encountered is such as to require changes, in which case the
depth shall be as ordered by the Engineer.
2.4. Where blasting is to be resorted to, the same shall be carried out to prevent any damage.
The work has to be carried out with supervision by qualified personnel.
2.5. Dewatering and Protection: Open foundations shall be laid dry. If water is met within
excavation, the Contractor shall take adequate measures such as bailing, pumping
constructing diversion channels, drainage channels, bunds, depression of water level by
well point system and other necessary works to keep the foundation trenches dry and to
protect the green concrete against damage by erosion or sudden rising of water level.
2.6. Pumping from the interior of any foundation enclosure shall be done in such a manner as
to preclude the possibility of the movement of water through any fresh concrete. No
pumping shall be permitted during the placing of concrete or for any period of at least 24
hours thereafter, unless it is done from a suitable sump separated from the concrete
work by a watertight wall or other similar means.
2.7. At the discretion of the Contractor, cement grouting or other approved methods may be
used to prevent or reduce seepage and to protect the excavation area.
2.8. The Contractor shall take all precautions in diverting channels and, in discharging the
drained water as not to cause damage to the works or any other property. No separate
payment shall be made on this account.
2.10. Backfilling: Backfilling shall be done with approved material after concrete is fully set and
carried out in such a way as not to cause undue thrust on any part of the structure. All
space between foundation concrete and the sides of excavation shall be refilled to the
original surface in layers not exceeding 150 mm compacted thicknesses. The compaction
shall be done with the help of suitable equipment such as mechanical tamper, rammer,
plate vibrator etc., after necessary watering, so as to achieve a density not less than the
field density before excavation.
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2.11. Disposal of Excavated Materials: All the excavated materials shall be the property of the
Railways. The good/usable material obtained from the excavation of foundation shall be
used for back filling of foundation, and the existing pits in the right-of-way and filling in
that embankment, including loading of surplus good earth into truck, transporting,
unloading, spreading, watering, ramming, levelling, etc. with all lifts and lead as per
specifications of Earthwork and as directed by the Engineer. Unsuitable and surplus
material not intended for use shall also, if necessary, be transported with all lifts and
lead, disposed of out of railway land or used as directed by the Engineer and no extra
payment shall be admissible.
2.12. Measurement for Payment: Excavation for structures shall be measured in cum for all
class of material encountered, limited to the dimensions shown on the drawings or as
directed by the Engineer. Side slope payable for excavation is limited to 1 horizontal to 1
vertical (1H:1V) or actual whichever is less. Excavation over increased width, cutting of
slopes, shoring, shuttering and planking shall be deemed as convenience for the
Contractor in executing the work and shall not be measured and paid. Rate of excavation
is inclusive of dewatering & refilling. No separate payment will be made for dewatering
and refilling.
***
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3. STRUCTURAL CONCRETE
3.1 MATERIALS
3.1.1 Cement:
a) Cement older than 3 months from the date of manufacture shall not be used.
b) The cement used shall be any of the following, with prior approval of the engineer in
charge.
Ordinary Portland Cement (53 grade) conforming to IS 12269- 1987
Ordinary Portland Cement (43 grade) conforming to IS:8112-1989
Ordinary Portland Cement (33 grade) conforming to IS:269-1989
Portland slag cement confirming to IS:455-1989
Portland pozzolana cement confirming to IS:1489 (Part-I) -1991 fly ash based
Note: 1) All updated specifications up to date of opening of tender are applicable.
2) Only readymade Portland Pozzolona Cement [confirming to IS:1489 (Part-I)
-1991 fly ash based] shall be allowed to use. Mixing of fly ash and OPC
cement at site/ RMC plant to produce Portland Pozzolona Cement shall
not be allowed.
3) In case of blended cement i.e. Portland pozzalana cement and Portland slag
cement rate of development of strength is slow as compared to ordinary
Portland cement hence period of removal of formwork and period of
curing should be suitable increased.
4) Only Ordinary Portland Cement (53 grade) conforming to IS 12269- 1987
shall be allowed for Prestressed Concrete work (PSC).
c) Cement manufactured by the following company shall only be allowed to use.
ULTRATECH
ACC
Grasim
Ambuja
JK
Birla
d) Testing frequency for cement:
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CHEMICAL TESTS
Physical Tests:
Sr. Characteristics Acceptance Criteria Method of Test Frequency
No. to be checked testing
Code Value
1 Determination of Table (2) Sieve 40 mm 20mm IS:2386 One sample
particle size of IS:383 size (part I) – every 50m3 or
(Sieve Analysis) 63mm 100 - 1963 part thereof
40mm 85–100 100
23mm 0–20 85-100
10 mm 0-5 0-20
4.75mm 0-5
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Water :
Creek water shall not be used. Potable water of proper quality should be used.
a) The permissible limits for solids shall be as follows:
Permissible limits (Max.)
Organic 200 mg/lit.
Inorganic 3000 mg/lit.
Sulphates (SO4) 500 mg/lit.
Chlorides (Cl.) 2000 mg/I for plain concrete works,
500 mg/I for reinforced concrete works and
500 mg/I for pre-stressed concrete works.
Suspended matter 2000 mg/lit.
Acidic material 2 mg/lit.
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Concrete Admixtures:
Concrete admixtures are proprietary items of manufacture and shall be obtained only
from established manufacturers with proven track record, quality assurance and full-
fledged laboratory facilities. The brand and type of admixture should be tested at site for
various properties imparted to the concrete and to be used only if found suitable with
prior approval of the engineer in charge.
Table 1
Uniformity test & Requirements of Admixtures:
Sr. Properties to be Values Test method
No. checked
1 Dry moisture Within 3 % of MTC Annexure E of 9103
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content
2 Ash content Within 1 % of MTC Annexure E of 9103
3 Relative density Within 0.02 % of MTC Annexure E of 9103
4 Chloride ion Within 10% of the value or Annexure E of 9103
content Within 0.2 % of MTC
whichever is greater as
stated by the manufacturer
5 Ph value 7–8 Annexure E of 9103
6 SO3 NIL CBC:4.4.2
* MTC= Manufacturers Test Certificate.
b) The minimum cement content and maximum water cement ratio to be taken for
the design mix shall be as follows:
Plain Concrete RCC PSC
Minimum cement content 300 350 440
Maximum water cement ratio 0.50 0.45 0.35
c) Target Mean strength for design mix of concrete shall be as per IS:456
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d) The contractor may be allowed to use mineral additive like fly ash / silica fumes etc.
to achieve the required strengths at his own cost.
e) Whenever there is significant change in the quality of any of the ingredients for
concrete, the Engineer may at his discretion order to carry out of fresh trial mixes.
All costs for trial mixes & tests shall be to the contractors account and held to be
included in the contract rates.
f) When the proportions of a concrete mix have been approved by the Engineer, the
contractor shall not vary the quality or source of the materials or the mix without
the written approval of the Engineer.
3.4 Special Measures:
a) Mixing Concrete:Concrete shall be mixed in a microprocessor controlled automatic
batching and mixing plant, as per these specifications. Hand mixing shall not be
permitted. The mixers or the plant shall invariably be fitted with water measuring
(metering) devices. The Engineer shall approve the concrete mixer or the plant.
b) Mixing shall be continued till materials are uniformly distributed and a uniform
colour of the entire mass is obtained, and each individual particle of the coarse
aggregate shows complete coating of mortar containing its proportionate amount
of cement.
c) To have the uniformity and homogeneity and to achieve the strength, and durable
concrete, contractor shall use RMC (Ready Mix Concrete) from renowned approved
microprocessor controlled automatic batching plant like L&T or the contractor shall
install his own microprocessor/computer controlled automatic batching and mixing
plant of concrete having capacity of mixing minimum 0.50 cum of concrete in one
batch with minimum rated capacity of 30cum of concrete per hour at site.
e) When concrete is conveyed by chute, the plant shall be of such size and design as
to ensure practically continuous flow. Slope of the chute shall be so adjusted that
the concrete flows without any segregation of its ingredients. The delivery end of
the chute shall be as close as possible to the point of deposit. Concrete shall not be
moved by vibrators. The chute shall be thoroughly flushed with water before and
after each working period and the water used for this purpose shall be discharged
outside the formwork.
f) All formwork and reinforcement contained in it shall be cleaned and made free
from standing water, dust, snow or ice immediately before placing of concrete.
g) No concrete shall be placed in any part of the structure until the approval of the
Engineer has been obtained. If concreting is not started within 24 hours of the
approval being given, approval shall have to be obtained again from the Engineer.
Concreting then shall proceed continuously over the area between the
construction joints
i) Concrete for RCC and PSC, when deposited shall have a temperature of not less
than 5 degrees Celsius, and not more than 30 degree Celsius. Use of ice may be
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required to lower the temperature of the concrete at the discretion of the engineer
in charge.
3.7 Protection and Curing: Concreting operations shall not commence until adequate
arrangements for curing have been made by the Contractor. Curing and protection of
concrete shall start immediately after compaction of the concrete to protect it from:
Premature drying out particularly by solar radiation and wind
Avoiding plastic shrinkage cracks
High internal thermal gradients
Leaching out by rain and flowing water
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a) Water Curing: Only potable water shall be used. Sea/creek water shall not be used
for curing. Sea/creek water shall not come into contact with concrete members
unless it has attained adequate strength.
3.8 Finishing:
a) Immediately after removal of forms, exposed bars or bolts, if any, shall be cut
inside the concrete member to a depth of at least 50 mm below the surface of the
concrete and the resulting holes filled with polymer cement grout.
b) All construction and expansion joints in the completed work shall be left carefully
tooled and free from any mortar and concrete. Expansion joint filler shall be left
exposed for its full length with clean and true edges.
c) The finished surfaces of concrete after removal of formwork should be such that no
touching up is required. All kind of fins / protrusion caused by formwork joints, if
any, shall be ground using electric surface grinder.
d) Immediately on removal of forms, the concrete work shall be examined by the
Engineer before any defects are made good.
e) The work that has sagged or contains honeycombing to an extent detrimental to
structural safety or architectural appearance shall be rejected.
f) Surface defect of a minor nature may be accepted. On acceptance of such work by
the Engineer, the same shall be rectified as directed by Engineer.
3.9 Equipment:
All equipment used for concreting shall have the approval of engineer in charge.
3.10 Measurement for Payment:
Structural concrete shall be measured in cubic meters. In reinforced or pre-stressed
concrete, the volume occupied by reinforcement or pre-stressing cables and sheathing
shall not be deducted. Payment shall be made based on the dimensions as per the
drawing if the structure is within prescribed tolerance.
3.11 TESTS AND STANDARDS OF ACCEPTANCE:
Concrete shall conform to the surface finish and tolerance as prescribed in these
specifications for respective components.
a) Open Foundation:
i) Variation in dimensions. : + 50 mm , - 12 mm
ii) Misplacement from specified position in : 15 mm
plan.
iii) Surface irregularities measured with 3m : 3 mm
straight edge.
b) Substructure /Superstructure:
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a) Compressive strength:
Green concrete, for making 3 test cubes, shall be taken from a batch of
concrete at point of delivery into construction, according to procedure laid
down in IS:1199. Frequency shall be as per IS:456
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d) Concrete shall also be tested for tensile strength. Similarly, concrete used for deck
slab shall also be tested for flexure test. The flexural and splitting tensile strengths
of concrete shall be tested as described in IS 516 and IS 5816 respectively. The
actual modulus of elasticity, flexural and splitting tensile strengths of concrete
shall be measured before approval of design mix.
c) If the concrete produced at site does not satisfy the above strength requirements,
the Engineer will reserve the right to require the contractor to improve the methods
of batching, the quality of the ingredients and redesign the mix with increased
cement content, if necessary. The contractor shall not be entitled to claim any extra
cost for the extra cement used for the modifications stipulated by the Engineer for
fulfilling the strength requirements specified.
e) As frequently as the Engineer may require, testing shall be carried out in the field for:
a. Moisture content and absorption and density of sand and aggregate.
b. Silt content of sand, Grading of sand and aggregates.
c. Slump test of concrete.
f) Before concreting commences on any section of the works the contractor shall obtain
approval of the Engineer or his representative as regards the formworks and
reinforcements conforming to the drawings. He shall also indicate to the Engineer in
writing and obtain his approval for positions of construction joints.
3.14 Cracks:If cracks develop in concrete construction, which in the opinion of the Engineer
may be detrimental to the strength of the construction, the contractor shall dismantle
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the construction, carry away the debris, replace the construction and carry out all
consequential work thereto.
If any cracks develop in the concrete construction, which in the opinion of the Engineer,
are not detrimental to the stability of the construction, the Contractor at his own
expense shall grout the cracks with polymer cement grout of approved quality and also at
his own expense and risk shall make good to the satisfaction of the Engineer.
The Engineer’s decision as to the extent of the liability of the Contractor in the above
matter shall be final and binding.
3.15 Defective Concrete:Should any concrete be found honeycombed or in any way defective
which may be suspected to affect the performance of the structure, shall be rejected
outright. However, some surface defects like minor honey combing etc. not affecting the
structural properties shall on the instruction of the Engineer repaired as per the
approved procedure.
The producer of RMC shall adopt quality assurance programme, which shall get approved
by Engineer. It shall cover forward, immediate and retrospective control. He shall have
necessary laboratory facilities to carry out tests to ensure quality control at each stage
during production of concrete. In case, few tests are done outside, which are not
required frequently, the record of test results shall be available with RMC manufacturer.
Only design mix concrete shall be produced for the required grade and strength of
concrete. For design of concrete mix IS : 10262 or any other standard may be used for
guidance. The design mix computation shall be submitted in advance to the Engineer for
approval indicating the testing of mix for workability, initial setting time, permeability,
total chloride content &sulphate content. In case there is any change in ingredients or in
the process/ plant, design mix shall be redesigned and got approved from Engineer.
The loss in workability and strength during the transit time from batching plant to the
place of work, shall be determined and shall be accounted for while designing the
concrete mix.
RMC manufacturer shall allow the Engineer to supervise/inspect the operations and
materials, process of manufacture and delivery of concrete involved in concrete
production. He shall also provide adequate facility to the Engineer to take samples of
materials used.
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RMC manufacturer shall allow Engineer to peruse the past and present technical records
maintained by him.
Temperature of produced concrete shall not be less than 5 0 C and shall not exceed 35 0
C.
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