(OPEN TENDER)

INDIAN RAILWAYS
(STEEL FOUNDRY) CHITTARANJAN LOCOMOTIVE WORKS
CHITTARANJAN, DIST: BURDWAN
INSTRUCTION TO THE TENDERER
Tender No: SFE/64/EOT Crane
Tendering Authority
cleaning
CME(PR)/SF/CLW
Approx. Value : Rs.6,13,224/Earnest Money: Rs. 12,270/Quantity: One

Duration of contract :.Two

Years

Tender form cost: Rs. 1000 /- (Nonrefundable)

Tender Opening: 12:00 on
23/08/2016
Tender Document
available:21/08/2016 upto 16.00 hrs

1 Name of work: Dust cleaning & proper lubrication of 26 nos.EOT crane alongwith Angle DSL line for safe

2.

running with trouble free equipments round the clock & least down time.

The tender document consists of the following pages, every page of which shall be signed & dated by the tenderer and

all
of which shall be submitted together to form one tender, duly supported by any other documents as may be specified
herein
.
a Instructions to Tenderer.
b Tender Form (TENDER)
c Conditions of Tender
d Arbitration.(Settlement of disputes)
e Special Conditions of Contract
f
Specification and Scope of Work
g Schedule of work.
3.
The tender documents are not transferable.
4. The rates shall be quoted both in figures and words, which shall form the basis of payment for the Work an any
discrepancy, the decision of the accepting authority shall be final.
5. The tender documents shall be placed in a sealed cover and superscribed before submission the (i) Tender No. (ii) Name
of
Work (iii) Name of Officer in whose favour the tender is submitted .
6. The tender shall be dropped in The office of Tendering Authority (i) Chief Mechanical Engineer (PR), Steel Foundry/
Chittaranjan Locomotive Works, Chittaranjan, Dist: Burdwan (WB), PIN 713365 or (ii) Office of the Controller of Stores,
Chittaranjan Locomotive Works, Deshpran Shasmal Road, Trollyganj Metro Railway Carshed, Kolkatta-700040. Phone No
033-2481-0619.
7.

8.
9.

The tender duly sealed and subscribe shall be dropped in tender box upto 13:00 hrs on one day before the tender opening
date only in the office of mentioned above. The Tenderer may also send their tenders by Registered Post to the address to
the office of tender authority i.e mentioned at (i) in Para-6 so as to reach the concerned office not later then 13.00 Hrs on
one day before the Tender opening date in office of Tendering Authority. The tender box shall be closed at 13:00 hrs on one
day before opening date. The tender box shall be opened 13.30 hrs. On one day before tender opening date. The tender
shall be opened 12:00 hrs. on the opening date. In case of closure on the date of opening due to unforeseen reason, the
same shall be opened on the next working day at 12:00 hrs. Tender received after closing of the Tender Box shall not be
considered.
Earnest Money shall be deposited along with the Tender for an amount as specified hereinabove; otherwise the tender is
liable to be rejected summarily.
The subject work is to be completed in all respects within the stipulated time.

10. Shall a tenderer find any discrepancy or omission in the relevant documents, or shall be in doubt as to their meaning, he
shall, at once notify the same to the authority inviting tender, who may send written instruction to all the tenderers. It shall be
understood that every endeavour has been made to avoid any error, which may materially affect the basis of tender. The
successful tenderer shall take upon him and provide for the risk or any error, which may subsequently be discovered and
shall make NO CLAIM on account thereof.
11. The rate quoted for the job shall be strictly as per the provision made in the schedule. Splitting up of the job and quoting of
rates therefore may result the Tender being cancelled.

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12. Tender documents can be purchased from office of Tendering Authority on any working day from 11:00 hrs. to 16:00 hrs.
(Saturday- 10:00 hrs. to 11:00 hrs.) upto one working day before tender opening date.

TENDER FORM
To
The President of India
Acting through CME(PR)/SF
Steel Foundry,
Chittaranjan Locomotive Works,
Chittaranjan, Distt.-Burdwan,
PIN : 713365.
1.
I/We_________________________________________________________________have read the various conditions to tender
attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this offer open for acceptance for a period of
120(one hundred twenty) days from the date fixed for opening of the tender and in default thereof I/We shall be liable for forfeiture of
my/our Earnest Money/Security Deposit'. I/We offer to do the works of Dust cleaning & proper lubrication of 26 nos.EOT
crane along with Angle DSL line for safe running with trouble free equipments round the clock & least down
time., at the rate quoted in the attached schedule/offer and hereby bind myself/ourselves to complete the works within a period of
days/months /year, from the date of issue of the letter communicating the acceptance of our tender. I/We also hereby agree to abide by
the General Condition of Contract/Special Condition of Contract /Additional conditions of contract if any and to carry out the works
according to the provision of the work as laid down by the Railways for the present contract.
2. I/We (in case of tender being accepted) shall be required to appear at the office of the Chief Mechanical Engineer (PR) /SF,
CLW/Chittaranjan, in person or, if a firm or corporation, a duly authorized representative shall appear and execute the Contract
Agreement within 15 days or after notice that the contract has been awarded to him or as may called for, by the Railway. Failure to do so
shall constitute a breach of agreement effected by the acceptance of the tender in which case the full amount of Earnest money
accompanying the tender shall stand forfeited without prejudice to any rights or remedies.
3. *I/We attached herewith Cash Receipt /Demand Draft/Bankers Cheque/Deposit Receipt No._______________, Dated____________ for
Rs._____________ as the deposit of Earnest Money.

Signature of the tenderer/contractor(s)

To be filled by tenderer:

Dated : __/__/__

Name of the contractor : ___________________________________

Address : _____________________________________________________________________________
__________________________________________________________Pin : _____________
(i) Bankers Name & Branch ___________________________________
(ii)Bank Account Details._______________________________________(iii) IFSC Code No._______________________
(iv) PAN No.________________________________________________ (v) S.T. Registration No.___________________
Signature of the tenderer/contractor(s)
Signatures of the witnesses to the signature of tenderer ( s ) :
1. _____________________________
Name : ____________________________________
Address : ___________________________________
__________________________________________
2. _____________________________

Name : ________________________________________
Address : ______________________________________
________________________________________

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INDIAN RAILWAYS
CHITTARANJAN LOCOMOTIVE WORKS
CONDITIONS OF TENDER
Composition of Tender Documents: The Tender is composed of the documents as mentioned in the INSTRUCTION TO TENDERERS.

2
a

Manner of submission of the Tender :

The full set of Tender documents, duly filled in, signed and dated by the Tenderer, must be submitted together in a sealed cover with
superscription clearly on the cover -name of the work/supply, Tender no. and address of the official in whose name the Tender is
submitted.
b The Tender may either be submitted in the sealed Tender Box specially allotted for the purpose and placed in the office as stated
earlier or be sent by registered post so as to reach this office not later than the date and time fixed for receiving the same. Tender
submitted in a manner other than that specified above shall be at the sole risk of the Tenderer.
3 Tender Form : Instructions for filling up :
a The Tenderer must carefully and completely fill up the Tender documents and shall not leave any blank space.
b The Tenderer shall sign on every page of the Tender documents and submit the documents complete in all respects.
c Tenders containing over-writing, erased rate and rate not shown in words are liable to rejection. In case of discrepancies, in rates shown
in figures and in words in the Tender submitted the decision of the accepting authority to consider the Tender or otherwise shall be
final and binding on the Tenderer.
d No scribbling is permissible in the Tender documents and no special conditions are to be stipulated by the Tenderer. If the Tenderer
wants to stipulate anything of importance, he may do so in a separate covering letter with the Tender. Such stipulations and
conditions shall be deemed to be a part of the Tender and communicated to the successful Tenderer. The Railway reserves the
right not to accept any such special stipulations and conditions made by the Tenderers and may ask the Tenderers to withdraw any
or all such stipulations and conditions before awarding the contract. In the event of refusal by the Tenderer to do so, the Tender is
liable to be cancelled.
e The Tenderer must satisfy himself thoroughly about the site and nature of the work and the local conditions before submitting his
Tender.
4
Earnest Money :
a Deposit of Earnest Money may be made either in cash or in any of the form of Demand Draft / STDR / Bankers Cheque/Cash drawn in
favour of FA & CAO, CLW, CHITTARANJAN payable at SBI/Chittaranjan. Earnest Money in the form of Guarantee Bonds shall not
be accepted. In case the tenderer withdraws his offer within the date of his offer or fails to undertake the contract after acceptance of
his Tender, the full earnest money shall be forfeited. Tender submitted without the deposit of Earnest Money or with less deposit of
Earnest Money than specified shall be summarily rejected.
Value of the work (Tender Value)
EMD
For works estimated to cost upto Rs.1 crore.
2% of the estimated cost of the work
For works estimated to cost more than Rs.1 crore.
Rs.2 lakh plus %(half percent) of the excess of estimated cost of work
beyond Rs.1 crore subject to a maximum of Rs.1 crore.
b Deposit of Earnest Money in cash shall be made to the Assistant Chief Cashier, CLW at Chittaranjan, but before making the deposit, an
authority slip shall be obtained from the office of CME (PR)/Steel Foundry/CLW. It shall be clearly noted that without the authority
slips, the deposit of Earnest Money in cash shall not be accepted by the Assistant Chief Cashier.
c Full amount of Earnest Money as notified in the Tender shall constitute the initial security deposit to keep the offer valid for the period
specified in the Tender. It shall be understood that the Tender documents have been issued to the Tenderer and the Tenderer has
been permitted to Tender for the supply / works in consideration of the stipulations, on his part that after submitting his Tender, he
shall not rescind from his offer or modify the Tenders and conditions thereof in the Tender and not acceptable to the Railway. If the
Tenderer fails to observe or comply with the foregoing stipulations, the amount of Security Deposit including Earnest Money, shall be
forfeited.
5 Adjustment of Earnest Money and Security Deposit against the present Tender : No reference to the previous deposit of the
Earnest money and Security Deposit for adjustment against the present Tender shall be accepted. No request for recovery of the
Earnest Money for the present Tender from any outstanding bill shall be entertained
6 Security Deposit & Retention of Earnest Money as part of the Security Deposit: Total Security Deposit of each works shall be 5%
of the contract value. The Earnest Money of the successful Tenderer shall be retained by the Railway as a part of the Security
Deposit against the contract. Unless otherwise specified in the Special conditions of contract, a deduction at the rate of 10
percent shall be recovered only from the running bills of the contractor till it constitutes total Security Deposit.
1

Rejection of Tender in case of furnishing wrong information : If the Tenderer deliberately gives wrong information in his Tender or
creates circumstances for acceptance of his Tender, the Railway reserves the right to reject such Tender at any stage

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Cancellation of Tender in case of death of the Tenderer : If a Tenderer expires after submission of his Tender or after acceptance of
his Tender, the Railway shall deem such Tender cancelled. If a partner of the firm expires after submission of their Tender or after
acceptance of basic Tender, the Railway shall deem such Tender as cancelled unless the firm retains its character
3
Rates : The rates quoted by the tenderer and accepted by the Railway shall hold till the completion of work / supply and shall not be
subject to fluctuations. No claim on this account shall be entertained afterwards.
4 Transfer of Tender documents, sold / issued: Tender documents, sold / issued are not transferable
5 Attestation of the corrections made in the Tender documents:: Any correction made by Tenderer in his entries must be attested by
him failing which the Tender shall be liable to rejection.
6 Quantities of work: The quantities of work / supplies given in the special conditions of contract are approximate and have been given
as guidance. The quantities are subject to variations as per the need of the Railways. The Railways accept no responsibility or
guarantee for their accuracy. No claim on his part for variation of quantity shall be entertained by the Railways.
7 Authority of the person signing the Tender documents :
The Tenderer shall produce following documents showing the authority of the person who has signed the Tender documents.
i In the case of Proprietary firm Either the original or an authority copy of the duly sworn affidavit declaring that he is the sole proprietor of
the firm.
ii In the case of Partnership firm Either the original or an authorised copy of the partnership deed together with power of attorney, if any.
The partnership deed must be registered with the Registrar of the Firms.
iii In the case of private Company Copy of the memorandum and articles of association showing names of directors of the company who
limited by shares
are authorised to sign on behalf of company together with power of attorney, further, if any.
8 Employment of the Railway Gazetted Officer by the Tenderer, notification thereof: Shall a Tenderer be a retired engineer of the
Gazetted rank or any other officer working before his retirement, whether in executive or administrative capacity or whether
holding a pensionable post or not, in any of the Railways, owned and administered by the President of India for the time being, or
shall a tenderer being a partnership firm have one of his partners a retired engineer or a retired Gazetted officer as aforesaid, or
shall the Tenderer being an incorporated company have any such retired engineer or retired gazetted officer as one of its
directors, or shall a Tenderer have in his employment any retired engineer or a retired gazetted officer as aforesaid, the full
information as to the date of retirement of such engineer or gazetted officer from the said service and in cases where such
engineer or officer prior to the date of submission of the tender as to whether permission for taking such contract or if the
contractor be a partnership firm or an incorporated company to become a partner contractor, has been obtained by the Tenderer
or the engineer or the officer as the case may be from the President of India or from any officer duly authorised by him in this
behalf, shall be clearly stated in writing at the time of submitting of tenders. Tenders without the information above referred to or a
statement to the effect that no such retired engineer or retired gazetted officer is so associated with the Tenderer as the case may
be, shall be rejected.
9 Tenderers relative, declaration thereof: Shall a Tenderer or a contractor on the list of the approved contractors have a relative or
relatives or in the case of a firm or company of contractors, one or more of its share-holders or a relative or relatives of the shareholders employed in gazetted capacity of the Chittaranjan Locomotive Works, the authority inviting the Tenders shall be informed
of the fact at the time of submission of the tender, failing which the tender may be disqualified or if such fact subsequently comes
to the light, the contract may be rescinded in accordance with the provisions of the General conditions of Contract.
10 The contractor shall comply with the provision of the Contract Labour (Regulation & Abolition) Act.,1970 & Contract Labour (Regulation
& Abolition) General Rules, 1971 as modified time to time, wherever applicable and shall also indemnify the Railway for & against
any claims under the aforesaid Acts. and Rules. The contractor shall obtain necessary license under the above Act. and Rules,
where necessary.
11 Meaning & intent of terms used : The terms Railway(s) or Administration wherever appearing in this document is deemed to mean
and include Chittaranjan Locomotive Works. The terms Tenderer or Contractor or firm wherever used in this documents is
deemed to mean the person or the firm or the company who has participated in the tender or whom the order has been placed.
The term CLW stands for Chittaranjan Locomotive Works and the term "SF" stands for Steel Foundry. The term Engineer
wherever appeared in this document is deemed to mean the Officers of CLW. Further, EMD stands for Earnest Money Deposit, SD
stands for Security Deposit, and PG stands for Performance Guarantee.
12 Performance Guarantee:
(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter Of
Acceptance(LOA). Extension of time for. submission of PG beyond 30 (thirty) 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 15'% per annum shall be charged
for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite
PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable
against that contract. The failed contractor shall be debarred from participating in re-tender for that work.
(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value:
(i) A deposit of Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market
value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either
of the State Bank of India or of any of the Nationalized Banks; (v) Guarantee Bonds executed or Deposits Receipts tendered by all

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Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National Savings Certificates; (viii) Twelve years
National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below
market value or at the face value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted.
NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.
(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter Of Acceptance (LOA) has been issued, but before
signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the
time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of
work plus 60 days.

(d) The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In case during the
course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance
Guarantee amounting to 5%(five percent) for the excess value over the original contract value shall be deposited by the contractor."
(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the
competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however,
be released only after expiry of the maintenance period and after passing the final bi II based on 'No Claim Certificate' from the contractor.
f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The
balance work shall be got done independently without risk & 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.
(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled
under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of :
(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer
may claim the full amount of the Performance Guarantee.
(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the
Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.
(iii) The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be
absolutely at the disposal of the President of India.

13 Indemnity : The Contractor shall indemnify and save harmless the Railway from & against all actions, suits, proceedings, losses, costs,
damages, charges, claims and demands of every nature and description brought or recovered against the Railway by reason of
any act or omission of the contractor, his agents or employees in the execution of works or in the 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 use of Railway without reference to the actual loss or damage sustained, and whether or not any damage shall have been
sustained.
14 Bank Guarantee/Indemnity for Railway property: If any Railway properties like castings, components, machines etc. are to be taken
by the contractor under their custody for the execution of work under the contract, the contractor shall submit necessary Bank
Guarantee or Indemnity Bond along with insurance for an amount as may be specified in the Special Conditions of Contract.
However, the firm may/shall have to submit Bank Guarantee for the said purpose where it is being specifically asked for by the
Railways.
15 The Railways shall be entitled to appropriate towards the payment due to him by the contractor in respect of any unfulfilled contract
whatsoever from any payment due to the contractor or from security deposit or both lying with the Railway or any other Indian
Railway or other Central Government or State Government.
16 Time to be of the essence of the Contract Liquidated Damage(LD) The time for completing the works by the date or extended date
fixed for completion shall be deemed to be of the essence of the contract and if the contractor shall fail to complete the works within the
time prescribed, the Railway shall, if satisfied that the works can be completed by the Contractor within a reasonably short time thereafter
be entitled, without prejudice to any other right or remedy available on that behalf, to recover by way of ascertained and liquidated
damages a sum equivalent to one half of one percent of the contract value of the supply / works for each week or part of week, the
Contractor is in default and allow the Contractor such further extension of time as the Railway may decide. However, total LD shall be
subject to maximum 10% of the contract value. 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 works within the 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 Contractors security
deposit and rescind the contract under the provision of General Condition of Contract, whether or not actual damage is caused by such
default.
Provided, however, that if the delay shall have arisen from any cause which the competent authority of the Railways may admit as
reasonable ground for further time, the competent authority of the Railways may in this discretion allow such additional time as he may
consider to have been required by the circumstances of the case.

17 Force Majeure: Force majeure clauses as laid down in the GCC of the Railways as amended up-to-date shall be applicable.
18 Power of modifications 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

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19

20

21

22

23

method of their execution or in the combination and use of materials for the execution thereof and to order any additional works to
be done or not be done and save as provided in relevant sub-clause of this clause under G.C.C., the Contractor shall not be
entitled to any compensation for any reductions but shall be paid only for the actual amount of work done and for approved
materials furnished against an specific order.
Acceptance of Tender : The authority for acceptance of the Tender rests with the General Manager / Chief Mechanical Engineer /
Chief Mechanical Engineer(PR)/SF / Dy. Chief Mechanical Engineer (Proj)/CON/ SF / Dy. Chief Mechanical Engineer (PL)/SF or
any other Officer of CLW, as the case may be, of the Chittaranjan Locomotive Works, Chittaranjan, who reserves the right to divide
the Tender amongst more than one Tenderer, if necessary and does not bind himself to accept the lowest or any Tender, or to
assign any reason for non-acceptance or rejection of any tender. The Railways reserve the right to cancel or to accept any tender
in respect of the whole or any portion of supply/works specified in the Tender document or to subdivide the quantum of
supply/works among different tenderers or to reduce the quantum of supply/works or to accept less quantity of supply/works than
that has been specified in the tender without assigning any reason whatsoever. The Railways reserve the right to reduce the time
of completion of the work suitably in the event of the same being divided amongst more than one tenderer depending upon the
extent of work involved.
Negotiation of Rates and Conditions with Tenderers: The Railways reserve its right to enter into negotiations of rates, conditions,
etc., with the Tenderer or Tenderers if considered necessary by the Railways for greater interest of the work and such actions of
Railways cannot be challenged by the Tenderer or Tenderers.
Issue of letters by Railways communicating acceptance to Tender : The acceptance of the Tender shall generally be
communicated by a Registered Post if delivery of the same through the Railway Peon-book locally, for any reason, may not be
possible. The communication of the acceptance of the Tender shall remain operative till the formal agreement is executed and
signed by the Contractor and the authority of the Railways empowered to do so. On execution of the formal agreement, the letter
issued communicating acceptance of the Tender shall get merged into the agreement.
Execution of Contract Agreement : The successful Tenderer shall have to execute an agreement for the work / supply with the
President of India acting through the General Manager / Chief Mechanical Engineer / Chief Mechanical Engineer/SF / Dy. Chief
Mechanical Engineer (SF) as the case may be, of the Chittaranjan Locomotive Works, Chittaranjan, for carrying out the work /
supply according to the terms, conditions and specifications, provided and / or agreed to for the present contract.
Rescinding of contract- Risk & Cost Clause
23.1 Determination of contract owing to default of contractor
23.1.1 If the Contractor should
(i) Become bankrupt or insolvent, or
(ii) Make an arrangement with of assignment in favour of his creditors, or agree to carry out the contract under a Committee of
Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or
reconstruction), or
(iv) Have an execution levied on his goods or property on the works, or
(v) Assign the contract or any part 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 remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that
the said materials or works have been condemned or rejected under Clause 25 and 27 of these conditions, or
(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the conditions, or
(xi) Fail to afford the Engineer or Engineers representative proper facilities for inspecting the works or any part thereof as required
under Clause (28) of the conditions, or
(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or
employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this
Railway,

(xiii) (A) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership
firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as
one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazatted rank or any other
retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether
holding any pensionable post or not, in the Engineering Department of the Railways for the time being owned and
administered by the President of India before the expiry of two years from the date of retirement from the said service of
such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any

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officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor,
as the case may be, or
(B)
Fail to give at the time of submitting the said tender:(a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service, or as to
whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the
said tender, or
(b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or
(c) Being a partnership firm, the correct information as to, whether any of its partners was such a retired engineer or a retired
officer, or
(d) Being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired
officer, or
(e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his
being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation
to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a
partner or director of such firm or company as the case may be or to seek employment under the contractor, and after expiry of
48 hours notice, a final termination notice (Proforma as Annexure v) should be issued. 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 III) in writing to that effect and
if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far
as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire
satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Proforma at Annexure IV) 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).
23.1.2 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 (30.1.1) 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 there to for actually performed under the contract unless and until the Engineer shall have certified the
performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the
value so certified,
(b) The Engineer or the Engineers Representative shall be entitled to take possession of any materials, tools, implements,
machinery and buildings on the works or on the property on which these are being or out to have been executed, and to
retain and employ the same in the further execution of the works of any part thereof until the completion of the works
without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or
destruction thereof,
(c)

The Engineer shall as soon as may be practicable after removal of the Contractor fix and determined ex-parte or by or
after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall
certify what amount(if any) had at the time of rescission of the contract been reasonably earned by or would reasonably
accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any
unused, or partially used materials, any constructional plant and any temporary works upon the site. The legitimate
amount due to the contractor after making necessary deductions and certified by the Engineer should be released
expeditiously.
24 The whole Tender/Contract shall be governed under General Conditions of Contract (G.C.C.) of the Railways.

Declaration
I / we have gone through all the stipulations of all above mentioned Paras of the conditions of Tender and I/we understand that the same are fully binding on me /
us for the purpose of the present Tender / contract.

Special Conditions Of Contract

Page: 7

1.
2.
3.
4.
5.
6.
7.
8.

9.
10.
11.
12.
13.
14.
15.
16.

Completion Period: Two years from the date of issue of work order.
Testing & Inspection: Checking & inspection will be carried out by authorized representative of Dy
CME(Plant)/SF for satisfactory working performance.
Transportation: all materials are to be taken to site at firms own risk & arrangement .No extra cost
will be borne by CLW administration in this regard .Also security arrangement of all materials to be
arranged by the contractor.
Rates: The contractor shall submit their offer rate for each item separately.
Tools & Tackles: The firm shall arrange tools, tackles ,small machineries etc. required for
maintenance work at their own. Electricity are supplied free of cost to the successfull tenderes.
Accommodation /Transportation: The firm shall arrange accommodation/transportation of their
staff at their own.
Safety: The firm shall observe Safety norms, Rules and Regulations, as in force from time to time.
The firm shall be bound by the guidance issued by Safety Officer/Steel Foundry/CLW/Chittaranjan.
Provided, however, that if the failure shall have arisen from any cause which the competent
authority of the Railways may admit as reasonable ground, the competent authority of the railways
may in discretion allow such relaxation/exemption, as he may consider to have been required by
the circumstances of the case.
Logbook of maintenance should be prepare & signed by both the party daily.
Payment Terms: Quarterly payment will be released by FA&CAO(X) after submission of Firms
Quarterly bill along with Challan & firms guarantee Certificate, work completion certificate issued
from SSE/ERS/SF and countersigned thereon by AEE/SF & Dy.CME(Plant)/SF.
Guarantee: The satisfactory working performance of entire work of rectification of 11 nos. VCB to
be guaranteed for one year from the date of commissioning.
Disputes: In case of any dispute arises related to this work order, the decision of CLW
Administration will be final and binding on the contract. The dispute(s) will be settled based on the
IRS condition of Contractor.
LD Clause: LD Clause will be applicable if delay in attending the above work within 48 hrs. @ one
half of 1% of the contract value of supply / works for each week or part of week, however , the total
LD subjected to maximum 10% of contract value.
One copy to consignee as a token of acceptance of the Work Order.
Released materials to be handed over to SSE/ERS/SF on proper accountal.
a) Leave with wages register as nearly as possible in from 15 to be supplied when asked as per
section 83 of factory act 1948 & W.B. Factory Rule 88 of 1958.
b) Personal Protective Equipments (PPEs) to be provided & to be used by Contractors workers as
per section 50A if W.B. Factory rule 1958 and section 41 & 112 of Factory Act 1948.

17. CONTRACT AGREEMENT :The successful firm has to sign a contract agreement with President of
India acting through General Manager /Chief Mechanical Engineer/ Chief Mechanical Engineer(PR)/SF / Dy. Chief
Mechanical Engineer, Steel Foundry/Works Manager, Steel Foundry of Chittaranjan Locomotive Works, Chittaranjan,
as the case may be for execution of the above work to the terms, conditions and specifications, provided and / or
agreed to for the present contract.
18. The Railways reserve the right to terminate the contract at any stage if considered necessary by the
Railways without showing any reason whatsoever for greater interest of the work and such actions of railways cannot
be challenged by the tenderer/contractor.
19.. Whole contract will be governed by the General Conditions of Contract (GCC) of the Indian Railways.

Scope of work for Crane Cleaning and lubrication

Page: 8

Description of work

1.

2.
3.
4.
5.
6.

Unit Rate (Rs.)

Qty.

Sl.
No

Suppl
y

a) Cleaning of entire Crane structure. Driverss cabin &

also associated equipments with the help of brush by
sweeping & compressed air by hand blower and also
removing loose foreign material if any remain on the
platform.
b) Cleaning of all panels & their components like switch ,
relays , Limit switches etc. by suitable liquid cleaner.
c) Cleaning of dust deposited on Motor & Control gear
carefully and lubricate of all moving parts & Thruster
brakes.
d) Checking of grease for all bearings of rotating parts &
grease cup of motors and filling by grease.
e) Cleaning of Electrical wiring & redressing of cable at
Cable hanger, drivers cabin , inside panel of LT , CT & HT
motion carefully.
Misc Work ( Unseen work required to be done which is
not mentioned in the above work)
Supply of Brush for sweeping (4Nos.) & compressed air
by using baby compressor
Supply of Cleaning agent . One bottle contain 500ml
Thinner) will be supplied by the firm.
Total cost of work per month
Total cost of work for two years inclusive of all
taxes & duties.

26Nos.

LS

Erection
/
Servicin
g

1set
3
bottles

Page: 9

Total
cost
Rs.

SETTLEMENT OF DISPUTES INDIAN RAILWAY ARBITRATION RULES

GCC Clause No.
63.

64 (1) (i)

64 (1) (ii)
64 (1)
(ii)

(a)
(b)
(c)
(d)

64 (1) (iii)
64 (1) (iv)
64 (2)
64 (3)
(a)

(i)

64 (3)
(a)

(ii)

64 (3)
(a)

(iii)

64 (3) (a) (iv)

64 (3) (a) (v)

64 (3) (b) (i)

64 (3) (b) (ii)
64 (3) (b) (iii)
64(4)
64(5)
64(6)
64(7)

Provisions
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 contractors 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 8, 18,
22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) to (xiii) (B) of General Conditions of contract or in any clause 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 arbitration clause.
Demand for Arbitration-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 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 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.
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(s) or
difference(s) 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.
The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.
The claimant shall submit his claim stating the facts supporting the claims along with 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.
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 thereafter, unless otherwise extension
has been granted by Tribunal.
The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other
place with the written consent of both the parties.
No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration
proceedings subject to acceptance by Tribunal having due regard to the delay in making it.
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.
Obligation During Pendancy of Arbitration - Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment
due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work
should continue during arbitration proceedings.
In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rupees ten lakhs only), the Arbitral tribunal shall consist of a sole arbitrator who
shall be a gazetted officer of Railway not below JA grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid
demand for arbitration is received by GM.
In cases not covered by the clause 64(3) (a)(i), the Arbitral Tribunal shall consist of a Panel of three Gazetted Rly. Officers not below JA grade or 2 Railway Gazetted Officers not below
JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted
Rly. Officers of one or more departments of the Rly. which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60
days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for
appointment as contractors 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 contractors
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. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of
contractors nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer of Selection Grade of the Accounts
Department shall be considered of equal status to the officers in SA grade of other departments of the Railway for the purpose of appointment of arbitrator.
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).
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 Arbitral Tribunal should record day to-day proceedings.
The proceedings shall normally be conducted on the basis of documents and written statements.
While appointing arbitrator(s) under sub-clause (i), (ii) & (iii) 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. The proceedings of the Arbitral
Tribunal or the award made by such 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.
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 there from.
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 ward to tribunal within 60 days of receipt of the award.
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.
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.
where the arbitral award is for the payment of money, no interest shall be payable on whole or any part f the money for any period till the date on which the award is made.
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 the Railway Board from time to time and the
fee shall be borne equally by both the parties. 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 Honble court otherwise on the matter.
Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings
under this clause.

Page: 10

SPECIAL CONDITIONS OF CONTRACT RELATED TO EMPLOYEES PROVIDENT FUND OORGANISATION &

EMPLOYEES STATE INSURANCE CORPORATION.
1. As per Rly. Boards Lr. No. 2012/CE-1/CT/0/22 dated 14-12-2012, all contractor(s) must follow the instructions given
therein. For smooth payment of the Provident Fund etc for the employees engaged by Contractor(s), following
instructions must be adhered to before placing the bill :a
b
c

The contractor(s) should mention the nos. of employees to be deployed against the particular Works Contract.
The contractor(s) must be registered with EPFO & ESIC.
The contractor must deposit the contribution of employee and employer within 5 th of next month and submit a
statement on Proforma A and certification will be given in the proforma by 10 th of each month to principal employer
along with bill(s).
In case of non-registered with EPFO/ESIC, deduction will be made from the bill of the contractor(s) and deposited it to
directly to EPFO/Durgapur, under Head of Account-WB-158680. If the contractor(s) failed to register with EPFO &
ESIC, a written report will be submitted to EPFO, Durgapur.
In case of continuous default by the contractor(s), principal employer will recover the amount from the contractor(s)
bill(s) and pay to EPFO as per rule along with the statement.

The above procedure must be followed by contractor(s) meticulously under the Provisions of
EMPLOYEES
PROVIDENT FUND & MISC. PROVISIONS ACT 1952,Employees Pension Scheme-1995 &
Employees Deposit
Linked Insurance Scheme 1976.

2.
a)
3)

As per Government of West Bengal Directorate of factories Memo NoB-3.05/LF/254/1 Dt- 02/07/2014 all contractor(s)
must follow the instructions given therein
The Leave with Wages Register as nearly as possible in form no 15 should be available with the contractor workers.
No firm will be eligible for seeking any contract of work unless they under take to obtain enrolment with PFO within
60 days from the date of accepting TENDER. If anybody reneges/ fails to strick to the undertaking within 60 days, they
will be held to be not eligible and accordingly action will be taken as if the firm has not tendered at all .Agreement will
be executed after getting PF No. from PFO.
End of Documents

Page: 11