Aravali Power Company Private Ltd.

Transcription

1 ```````` Aravali Power Company Private Ltd. TENDER DOCUMENT FOR Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana) PART - 1 TECHNICAL BID TENDER NO: RITES/S&T/ APCPL/JHAJJAR/Package 5-YJ/2012 Signal & Telecommunication Division, 5 th Floor, Left wing RITES Bhawan, Plot No.1 Sector-29, Gurgaon , (Haryana) Tel , Fax of 127

2 TENDER AND CONTRACT DOCUMENT CONTENTS S. No. Details Page PART 1 (Technical Bid) SECTION No. 1 Notice Inviting Tender and Instructions 3-56 to Bidders. SECTION No. 2 Tender and Contract Form SECTION No. 3 Special Conditions of Contract SECTION No. 4 Technical Specifications and Drawings PART 2 (Financial SCHEDULE (BILL) OF QUANTITES Bid) ABSTRACT OF COST SECTION No. 5 Schedule A (Supply) 1-5 SECTION No. 6 Schedule B (Execution) 1-5 PART -3 SECTION No. 7 SECTION No. 8 General Conditions of Contract General Conditions of Contract Tentative S-IPs NOTE: - General Conditions of Contract of APCPL are applicable for this contract and are available free of cost from RITES office. Interested bidder may take a copy. This need not be submitted along with tender but will be part of the Contract Agreement. 2 of 127

3 PART - I TECHNICAL BID SECTION - 1 NOTICE INVITING TENDER AND INSTRUCTIONS TO TENDERERS 3 of 127

4 RITES LIMITED (A Government of India Enterprises) NOTICE INVITING TENDER NIT No. RITES/S&T/ APCPL/JHAJJAR/Package 5-YJ/2012 GGM (S&T), RITES Limited on behalf of APCPL/Jhajjar invited sealed tenders from contractors who fulfill Qualifying Criteria stipulated in the Tender document for the following work. Name of the work Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana) Estimated Cost 1,85,00,102/- EMD 1,85,000/- Completion period 04 Months Last date of submission of tender Completed Tender documents including Qualifying Criteria, can be purchased from (Address) Group General Manager/S&T, 5 th Floor, Left Wing, RITES Bhawan, Plot-1, Sector-29, Gurgaon ( Haryana). Phone Fax at accost of Rs. 5000/- or downloaded from our web site Amendments/Corrigendum, if any, would be hosted on the website only. 4 of 127

5 SECTION 1 NOTICE INVITING TENDER AND INSTRUCTIONS TO TENDERERS 1.0 GENERAL 1.1 Tender Notice Tenders are invited by RITES Ltd., a Public Sector Enterprise under the Ministry of Railways, acting for and on behalf of APCPL/Jhajjar as an Agent/Power of Attorney Holder, from working contractors (including contractors who have executed works within the last five years reckoned from the scheduled date of opening of tender) of Railways, CPWD, MES, DOT, RITES, State PWD or any other Central / State Government Undertaking, Municipal Body, Autonomous Body of Central/State Governments or Public Ltd., Co. listed on BSE/NSE for the work of Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana). Tender No. Description Estimated Cost Cost of tender (Rs.) document (Rs.) RITES/S&T/ APCPL/JHAJJA R/Package-5 - YJ/2012 Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana) 1,85,00,102/- 5000/- 1.2 Estimated Cost of Work: The work is estimated to Cost Rs. 1, 85, 00,102/- (Rs. One Crore Eighty Five Lacs One Hundred Two only). This Estimate, however, is given merely as a guide. 1.3 Scope of Work - As per the scheme and SIP of APCPL In-plant R&D yard submitted by 5 of 127

6 RITES Ltd. for train working between In-plant R&D yard and sudhrana station, following signaling arrangement is proposed for Y Junction Cabin. 1) For reception of trains from Sudharna (Jharli end siding) to APCPL In-plant R&D yard, APCPL R&D yard will grant slot No. 114 to Sudharna station after ensuring following conditions:- (i) Line is clear up to Pt. No. 51A of Y Jn. of APCPL R&D Yard. (ii) Axle Counter No. 015AXT provided for detecting portion of siding between Signal No. S-15 of Y junction and started signal No. 47 of Sudharna station is clear. (iii) Signal No. S-15 of y junction of APCPL yard is taken off. 2) For reception of trains from Sudharna (Line No. 1,2&3) to APCPL In-plant R&D yard, APCPL R&D yard will grant slot No. 116 to Sudharna station after ensuring following conditions:- (i) Line is clear up to Pt. No. 51A of Y Jn. of APCPL R&D Yard. (ii) Axle Counter No. 015AXT provided for detecting portion of siding between Signal No. S-17 of Y junction and stop signal No. 47 of Sudharna station is clear. (iii) Signal No. S-17 of y junction of APCPL yard is taken off. 3) Dispatch of trains from APCPL In-plant R&D yard to Sudharna station up to starter signal No. 47 of Sudharna station provided on siding at Jharli end. After receiving of slot No. 304 from ASM Sudharna station, APCPL R&D yard will take off signal No. S-14B provided at Y Jn. Cabin. 4) Dispatch of trains from APCPL In-plant R&D yard to Sudharna station up to stop signal No. S-44 of Sudharna station provided on siding for reception to line No. 1,2&3 After receiving of slot No. 303 by ASM Sudharna station, APCPL R&D yard will take off signal No. S-14A provided at Y Jn. Cabin. Scheme of train working between Sudhrana yard and APCPL In Plant R&D yard along with SIP of Y Junction cabin submitted by RITES is placed on CP side SIP, Panel diagram, SWRD & SWR of Sudhrana has been modified to suite the signaling scheme proposed by RITES Ltd. 6 of 127

7 1.4 Time for Completion. The time followed for completion of the work will be 04 (Four) Months from the 15 th day after the date of issue of Letter of Acceptance or first day of handing over of the site, whichever is later, in accordance with the phasing, if any, indicated in the Tender Documents. 1.5 Availability of Site The site for the work is available. 1.6 Basic conditions for issue of Tender Document: The Tender Document will be issued to any Contractor who satisfies the following conditions. i) He should have deposited the Cost of Tender Document as stipulated in Para 5.2 and 5.3. ii) Tender documents including drawings can also be downloaded from RITES website ( and in such a case, the tenderer shall deposit the cost of tender documents along with submission of tender, failing which his tender shall not be opened. The cost of tender documents shall be deposited in the form of separate Demand Draft / Pay order and enclosed in the envelope containing the Earnest Money Deposit The intending tenderers are advised that in Two Packet System, Financial Bids of only those tenderers whose Technical Bids are found acceptable by RITES shall be opened and evaluated. The Technical Bids of only those Tenderers who have deposited the requisite Earnest Money in an acceptable form will be opened. 2.0 QUALIFICATION CRITERIA TO BE SATISFIED 2.1. The Qualification Criteria to be satisfied are given at Annexure I enclosed. 2.2 Information whether Joint Ventures are allowed and whether category of work is Normal or Large, is given in Annexure I enclosed The Tenderer should also satisfy the following additional requirements. 7 of 127

8 i) The Applicant should own construction equipment as will be required for proper and timely execution of the work within the stipulated completion period of 04 (Four) months including monsoon. To the extent the equipments are not owned, the Applicant should certify that he would be able to arrange the equipments by hiring etc., and submit the list of firms from where he proposes to hire. ii) The Applicant should have sufficient number of Technical and Administrative Employees for the proper execution of the Contract. The Applicant should submit a list of these employees stating clearly how they would be involved in this work. iii) The Applicant should have a clear-cut idea of the Methodology he proposes to adopt for completion of the work within the stipulated period of 04 (Four) months including monsoon. 3.0 FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ON QUALIFICATION CRITERIA 3.1 Other than Joint Venture The tenderer shall furnish a Letter of Transmittal as given in ANNEXURE II A enclosing the documents mentioned therein/listed in para 7(a) of Annexure-I. 3.2 Joint Ventures (For Large Works) Deleted 3.3 Joint ventures (For Normal Works) The Partner in charge / Lead Member shall furnish a Letter of Transmittal as given in ANNEUXRE II B (N) enclosing the documents mentioned therein/listed in para 7(c) of Annexure I. 4.0 CONTENTS OF TENDER DOCUMENT 4.1 Each set of Tender or Bidding Document will comprise the Documents listed below: 8 of 127

9 PART 1 :- Technical Bid Packet i) Notice Inviting Tender and Instructions to Tenderers ii) Tender and Contract Form. iii) Technical Specifications iv) Drawings PART 2 :- Financial Bid Packet Schedule of Quantities (Bill of Quantities) i) Schedule `A (Supply Signalling) ii) Schedule `B - (Execution Signalling) PART 3:- General Conditions of Contract i) Errata to General Conditions of Contract ii) Special Conditions of Contract. 5.0 ISSUE OF TENDER DOCUMENT 5.1 A complete set of Tender Document (Technical and Financial Bid) described in Para 4.1 above can be seen in the office of the Group General Manager/S&T, 5th Floor, Left Wing, RITES BHAWAN, Plot-1, Sector-29, Gurgaon (Haryana) Telephone No between hours of AM and 4.00 PM every day except on Saturdays, Sundays and Public Holidays. 5.2 Tender Document may be purchased from the office of Group General Manager (S&T), 5th Floor, Left wing, RITES Bhawan, from to for a non refundable fee per set of Rs. 5, (Rupees Five Thousand only) in the form of Demand+ Draft/ Pay Order/ Banker s cheque drawn on any Scheduled Bank payable at Gurgaon / Delhi in favour of RITES Ltd. on submission of an application. 5.3 Tender Documents requested by mail will be dispatched by Courier / Speed Post / Registered Post on payment of an extra amount of Rs.1000/- (Rupees one thousand only). The RITES/Employer will not be held responsible for the delay, if any, in the delivery of the Documents or nonreceipt of the same. 9 of 127

10 5.4 Tender documents downloaded from RITES website shall be considered valid for participating in the tender process. In such a case the tenderer shall deposit cost of tender documents as prescribed in para 1.6.1(ii). During the scrutiny of downloaded tender document, if any modification/correction etc. is noticed as compared to the original documents posted on the website, the bid submitted by such a tenderer is liable to be rejected. In case the bid of a tenderer who has downloaded the document from website is accepted, the contract shall be executed in the original/manual tender document issued by concerned RITES office. 5.5 Clarifications on Tender Documents A prospective tenderer requiring any clarification on the Tender Document may notify Group General Manager/S&T at the address, 5 th Floor, Left wing, RITES Bhawan, Plot-1, Sector-29, Gurgaon (Haryana). The nominated official will respond to any request for clarification which he receives earlier than 7 days prior to the deadline for submission of Tenders. Copies of the response shall be forwarded to all purchasers of the Tender Documents including a description of the enquiry but without identifying its source. 6.0 PRE-BID MEETING No pre-bid meeting shall be held. 7.0 AMENDMENT OF TENDER DOCUMENT 7.1 Before the deadline for submission of Tenders, the Tender Document may be modified by RITES Ltd. by issue of Addenda/Corrigendum. 7.2 Any Addendum/Corrigendum issued shall be part of the Tender Documents and shall be communicated in writing to all the purchasers of the Tender Documents. The Prospective Tenderers shall acknowledge receipt of each Addendum/ Corrigendum in writing to the Group General Manager/S&T, 5th Floor, Left Wing, RITES Bhawan, Gurgaon, Haryana. 7.3 To give prospective tenderers reasonable time in which to take the Addenda/ Corrigenda into account in preparing their tenders, extension of the deadline for submission of Tenders may be given as considered necessary by RITES. 10 of 127

11 8.0 TENDER VALIDITY. 8.1 The Tender shall be valid for a period of 90 days from the due date for submission of Tender or any extended date as indicated in Sub Para below. 8.2 In exceptional circumstances, prior to the expiry of the original time limit for Tender Validity, the RITES/Employer may request that the tenderers may extend the period of validity for a specified additional period. The request and the tenderer s response shall be made in writing. A tenderer may refuse the request without forfeiting his. Earnest Money. A tenderer agreeing to the request will not be required or permitted to modify his Financial Bid but will be required to extend the validity of the Earnest Money for the period of the extension. 8.3 The authority for acceptance for the tender will rest with the Employer. The Employer shall not be bound to accept the lowest or any tender or to assign any reason for non-acceptance or rejection of any tender If the tenderer deliberately gives wrong information in his/their tender, creates/create circumstances for the acceptance of his/their tender, the Rites/APCPL reserve the right to reject such tender at any stage The Contractor shall not take any advantage of any misinterpretation of the condition due to typing or any other error and if in doubt shall bring it to the notice of the Engineer without delay. In case of any contradiction only the Printed rules and books should be followed and NO Claim for the misinterpretation shall be entertained Tenderer shall state in the tender his postal address fully and clearly. Any communication sent to the tenderer by post at his said address, shall be deemed to have reached the tenderer duly and timely, not withstanding the fact that the communication could not reach the tenderer at all or in time for whatever reason. Important documents shall be sent by Registered Post. 9.0 EARNEST MONEY 9.1 The Tender should be accompanied by Earnest Money of Rs.1,85,000 (Rs. One Lakh Eighty Five Thousand only) in any of the forms given below:- Banker s Cheque / Pay Order/ Demand Draft payable at Gurgaon/Delhi drawn in favour of RITES Ltd. 11 of 127

12 9.2 Any Tender not accompanied by Earnest Money in an acceptable form shall be rejected by the Employer as non-responsive. 9.3 Refund of Earnest Money a) Two Packet System The Earnest Money of the Tenderers whose Technical Bid is found not acceptable will be returned without interest soon after scrutiny of Technical Bid has been completed by the Employer subject to provisions of Para 9.4 (b). The Earnest Money of the Tenderers whose Technical Bid is found acceptable but Financial Bid is rejected will be returned without interest within 28 days of the end of Tender Validity Period subject to provisions of Para 9.4 (b). b) In case of both Two Packet and Single Packet System, the Earnest Money of the successful Tenderer, without any interest, will be adjusted as a part of the Security Deposit payable in terms of provisions in the General Conditions of Contract (Clause 1A of Clauses of Contract). 9.4 The Earnest Money is liable to be forfeited a) if after bid opening, but before expiry of bid validity or issue of Letter of Acceptance, whichever is earlier, any Tenderer i) withdraws his tender or ii) makes any modification in the terms and conditions of the tender which are not acceptable to the Employer. b) in case any statement/information/document furnished by the Tenderer is found to be incorrect or false. c) in the case of a successful Tenderer, if the Tenderer i) fails to furnish the Performance Guarantee within the period specified under Clause 1 of Clauses of Contract. ii) or iii) fails to commence the work without valid reasons within the period as specified in Schedule F after the date of issue of Letter of Acceptance or from the first date of handing over of the site, whichever is later. In case of forfeiture of E.M. as prescribed hereinabove, the Tenderer shall not be allowed to participate in the retendering process of the work ALTERNATIVE PROPOSALS BY THE TENDERERS The Tenderers shall submit offers which comply strictly with the requirements of the Tender Document. Alternatives or any modifications shall render the Tender invalid. 12 of 127

13 11.0 SUBMISSION OF TENDER 11.1 Two Packet System The tenderer shall submit the Tender in original in two Packets as under:- PACKET A :- TECHNICAL BID Envelope-1 Earnest Money. Envelope-2 Authority to Sign and Qualification Information along with all enclosures /documents as per Letter of Transmittal/ Checklist given in Annexure II A. As regards Authority to Sign Para 11.2 below may be referred to. As regards Integrity Pact, para 11.7 below may be referred to. Technical Bid, Part- I & III including signature on Tender Form (Section 2) duly witnessed after filling up blanks therein. Each page of the above documents including all Drawings should bear the dated initials of the Applicant in token of confirmation of having understood the Contents PACKET B :- FINANCIAL BID Envelope-3 Schedule/ Bill of Quantities. Each page of the Financial Bid should be signed by the tenderer. In the last page of Financial Bid, at the end, the tenderer should sign in full with the name of the Company, Seal of the Company and Date. Each Correction, Cutting, Addition and overwriting should be initialed by the tenderer. The rates must be quoted in decimal coinage. Amounts must be quoted in full rupees by ignoring fifty paise and less and considering more than fifty paise as rupee one. If the same item figures in more than one section/part of Schedule of Quantities, the Tenderer should quote the same rate for that item in all sections/parts. If different rates are quoted for the same item, the least of the different rates quoted only shall be considered for evaluation of that item in all sections/parts of the Schedule of Quantities. The rates tendered and accepted are inclusive of all taxes, transportation, 13 of 127

14 Cess and Seignorage charges, loading, unloading and stacking etc., complete for providing Signalling & Telecommunication facilities for the tendered work Authority to Sign a) If the Applicant is an individual, he should sign above his full type written name and current address. b) If the Applicant is a proprietary firm, the Proprietor should sign above his full type written name and the full name of his firm with its current address. c) If the Applicant is a firm in partnership, the Documents should be signed by all the Partners of the firm above their full type written names and current addresses. Alternatively the Documents should be signed by a Partner holding Power of Attorney for the firm in the Format at Annexure IV. d) If the Applicant is a limited Company, or a Corporation, the Documents shall be signed by a duly authorized person holding Power of Attorney for signing the Documents in the Format at Annexure IV. e) Not Applicable Items to be kept in mind while furnishing details While filling in Qualification Information documents and the Financial Bid, following should be kept in mind: i) There shall be no additions or alterations except those to comply with the instructions issued by the RITES/ACPCL or as necessary to correct errors, if any, made by the tenderers. ii) Conditional Offer/ Tender will be rejected. Unconditional rebate/ discounts in the Financial offer will however be accepted. iii) The RITES//APCPL reserves the right to accept or reject any conditional rebate/discounts. While evaluating the Bid Price, the conditional rebates/discounts which are in excess of the requirements of the bidding documents or otherwise result in accrual of unsolicited benefits to the RITES//APCPL, shall not be taken into account. iv) Transfer of bidding documents purchased by one intending bidder to another is not permissible. 14 of 127

15 11.4 Sealing and Marking of Tenders Two Packet System (a) PACKET A TECHNICAL BID Envelopes 1, & 2 as described in Para 11.1 above should be sealed separately super scribing Technical Bid with Envelope Number, Name of the Work and Name of the Tenderer, In addition, the following should also be super scribed on the respective Envelopes. Envelope 1 Envelope 2 (i) Earnest Money (ii) Cost of tender document if downloaded from website. Authority to Sign, Integrity Pact (when applicable as per para 11.7 below) and Qualification Information/ documents as per checklist in Annexure IIA, Technical Bid Part-I, & Part III Both the Envelopes should be put in a Packet which should be sealed. The following should be super scribed on the Packet: (i). Packet A Technical Bid (ii). Name of the Work (iii). Name of the Tenderer (b) PACKET B FINANCIAL BID Envelope 3- Financial Bid should be put in a Packet (Envelope 3) which should be sealed. The following should be super scribed on the Packet. i) Packet B (Envelope 3) Financial Bid ii) Name of the Work iii) Name of the tenderer (c) Both Packets A and B should be put inside an outer Envelope and sealed. This Envelope should be super scribed with the following details: 15 of 127

16 i) Tender for (Name of Work) ii) Tender Number iii) Date and Time of opening of Tender iv) From (Name of tenderer) v) Addressed to Deleted If the envelopes and packets are not super scribed and sealed as indicated in Paras above, the RITES//APCPL will assume no responsibility for the misplacement or premature opening of the Tender Deadline for submission of Tender Tenders must be received by the RITES/ /APCPL at the following address not later than Hrs. on In the event of the specified date for the submission of the Tender being declared a holiday by the RITES/ APCPL, the Tenders will be received up to the appointed time on the next working day. Address for submission of Tender: Group General Manager/S&T, 5 th Floor, Left Wing, RITES Bhawan, Plot-1, Sector-29, Gurgaon ( Haryana) The RITES//APCPL may extend the deadline for submission of Tenders by issuing an amendment in writing in accordance with Para 7.3 in which case all rights and obligations of the RITES//APCPL and the tenderer previously subject to the original deadline will be subject to new deadline Late Tender / Delayed Tender Any Tender received by the RITES/ /APCPL after the specified date and time of receipt of tender will be returned unopened to the tenderer Integrity Pact (i) The bidder/contractor is required to enter into an Integrity Pact with the Employer, in the Format at Annexure VIII. The Integrity Pact has already been signed by RITES for and on behalf of Employer as its Agent/Power of Attorney Holder. While submitting the bid, the Integrity Pact shall also be signed by the duly authorized signatory of 16 of 127

17 the Bidder/Lead Member of JV. In case of failure to submit the Integrity Pact duly signed and witnessed, along with the bid, the bid is likely to be rejected. (ii) In case of any contradiction between the Terms and Conditions of the Bid Document and the Integrity Pact, the former will prevail. Provided always that provision of this para 11.7 Integrity Pact, shall be applicable only when so provided in para 11.7A below which will also stipulate the name and address of the Independent External Monitors as well as the Name, designation and address of the official nominated by the Employer to act as the Liaison Officer between the Independent External Monitor and the Engineer-in-Charge as well as the Contractor. 11.7A Whether para 11.7 (Integrity Pact) shall be applicable Yes If Yes, Name and Address of the Independent External Monitor (In case value of contract is Rs.10 crores or more) Not Applicable Name, Designation and Address of RITES Liaison Officer GM/CP 11.8 Modification and Withdrawal of Bids Tenderers may modify or withdraw their bids by giving notice in writing before the deadline prescribed in para Each modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with para 11.1, 11.2 and 11.4 with the outer envelopes additionally marked Modification or Withdrawal as appropriate. The envelopes for modifications on Technical Bid and Financial Bid shall be submitted in separate sealed envelopes and marked as Modifications of Technical Bid or Modifications of Financial Bid as the case may be No bid may be modified after the deadline for submission of bids Withdrawal or modification of a bid after the deadline for submission of bids shall result in forfeiture of the Earnest Money. 17 of 127

18 12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS OF APPLICATIONS 12.1 The RITES/ APCPL will open all the Tenders received (except those received late or delayed) as described in para 12.2 below, in the presence of the Tenderers or their representatives who choose to attend at hrs. on in the office of GGM (S&T), 5 th Floor, Left wing, RITES Bhawan. In the event of the specified date of the opening being declared a holiday by the RITES/ APCPL, the Tenders will be opened at the appointed time and location on the next working day Two Packet System (a) The PACKET A will be opened and Envelope-1 containing Earnest Money of all the Tenderers will be opened first and checked. If the Earnest Money furnished is not for the stipulated amount or is not in an acceptable form the Envelope 2 of PACKET-A (TECHNICAL BID) and PACKET-B will be returned to the tenderer concerned unopened at the time of opening of the Tender itself. The Envelopes 2 of PACKET-A (TECHNICAL BID) of other Tenderers who have furnished Earnest Money of correct amount in acceptable Form will then be opened. The tenderer s name, the presence of Earnest Money and Authority to sign and such other details as the RITES/ APCPL may consider appropriate will be announced by the RITES/ACPCL at the time of opening of Packet A. PACKET-B (FINANCIAL BID) of the Tenderers whose Technical Bids have been accepted for evaluation will be checked if the seals are intact. All such PACKETS will be put in an Envelope and sealed. The RITES/ APCPL s official opening the Tender will sign on this Envelope and will also take the signatures of two or three Tenderers or their representatives present. This Envelope will be kept in safe custody by the RITES/ APCPL. (b) The RITES/ APCPL will scrutinize the Technical Bids accepted for evaluation to determine whether each Tenderer. (i) have submitted `Authority to sign as per para 11.2 above & Integrity Pact duly signed and witnessed as per para 11.7 above.. (ii) meets the Qualification Criteria stipulated in Para 2.0 and (iii) confirms to all terms, conditions and specifications of the Tender Document without any modifications or conditions. (c) If required, the RITES/ACPCL may ask any such tenderer for clarifications 18 of 127

19 on his Technical Bid. The request for clarification and the response from the tenderer will be in writing. If a tenderer does not submit the clarification/document requested, by the date and time set in the RITES/ APCPL s request for clarification, the bid of such tenderer is likely to be rejected. Tenderers whose Technical Bids are not found acceptable will be advised of the same and their Earnest Money and PACKET-B (FINANCIAL BID) will be returned unopened. Tenderers whose Technical Bids are found acceptable will be advised accordingly and will also be intimated in writing of the Time and Date and place where and when the PACKET-B (Financial Bid) will be opened. (d) At the appointed place, time and date, in the presence of the tenderers or their representatives who choose to be present, the RITES/ APCPL will open the envelope containing the PACKET-B (FINANCIAL BID). The tenderer s name, the Tender amount quoted and such other details as the RITES/ACPCL may consider appropriate will be announced by the RITES/ACPCL INSPECTION OF SITE BY THE TENDERERS Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders, as to the nature of the ground and sub-soil (as far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity, access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant etc. will be issued to him by the RITES/APCPL and local conditions and other factors having a bearing on the execution of the work. 19 of 127

20 14.0 RITES/ APCPL RIGHT ON ACCEPTANCE OF ANY TENDER (i) If required, the RITES/ APCPL may ask any tenderer the breakup of unit rates. If the tenderer does not submit the clarification by the date and time set in the RITES/ APCPL request for clarification, such tender is likely to be rejected. (ii) The competent authority on behalf of the RITES/ APCPL does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed conditions is not fulfilled or any condition is put forth by the tenderer shall be summarily rejected CANVASSING PROHIBITED Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the tenders submitted by the Contractors who resort to canvassing will be liable to rejection RITES/ APCPL RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER The competent authority on behalf of the RITES/ APCPL reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted MISCELLANEOUS RULES AND DIRECTIONS 17.1 The tenderer shall not be permitted to tender for works if his near relative is posted as Associated Finance Officer between the grades of AGM(F) and J.M (F) in the concerned SBU Unit or as an officer in any capacity between the grades of GGM/GM and Engineer (both inclusive) of the concerned SBU of the RITES/ APCPL. He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any Gazetted officer in the organization of the RITES/ APCPL. Any breach of this condition by the Contractor would render his Tender to be rejected. No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering or Administrative duties in an Engineering Department of the Organisation of the RITES/ APCPL is allowed to work as a contractor for a 20 of 127

21 period of one year after his retirement from the RITES/ APCPL s service without the previous permission of the RITES/ APCPL in writing. The contract is liable to be cancelled if either the Contractor or any of his employees is found any time to be such a person who had not obtained the permission of the RITES/ APCPL as aforesaid before submission of the tender or engagement in the Contractor s service If required by the RITES/ APCPL, the tenderers shall sign a declaration under the officials Secret Act 1923, for maintaining secrecy of the tender documents drawings or other records connected with the work given to them. The unsuccessful tenderers shall return all the drawings given to them Use of correcting fluid anywhere in tender document is not permitted. Such tender is liable for rejection The tenderer has to quote the rates above/below the total cost of Schedule a & B as mentioned in the foot note of BOQ Rates quoted shall be inclusive of Supply of sundry materials like ferrules, eyelets (make: Dowell's),bus bars, bunching materials, Solders insulating tapes, sleeves, M.S. angle, nuts & bolts, washers, screws, sand, stone chips, grease, lubricating oil, paints, jute, waste cotton, lead wool etc. and any other petty consumables Sales-tax/VAT, purchase tax, turnover tax, or any other tax/ Cess on material, labour and Works in respect of this Contract shall be payable by the Contractor and the RITES/ APCPL will not entertain any claim whatsoever in respect of the same. However, in respect of Service Tax, same shall be paid by the contractor to the concerned department on demand and it will be reimbursed to him by the Engineer-in-charge after satisfying that it has been actually and genuinely paid by the Contractor. Concessional Sales Tax forms shall be issued as per extent rules applicable to Govt. deptt The tender for the work shall not be witnessed by a Contractor or Contractors who himself/themselves has/ have tendered for the same work. Failure to observe this condition would render tenders of the Contractors tendering, as well as witnessing the tender, liable to summary rejection. 21 of 127

22 18.0 SIGNING OF CONTRACT AGREEMENT The successful Bidder, on acceptance of his Tender by the Competent Authority, will be issued a Letter of Acceptance, Prior to expiration of the Bid Validity period directing the Contractor to furnish the Performance Guarantee and the Additional Performance Guarantee (if any in case of unbalanced bids) within 15 days of issue of Letter of Acceptance and in very special circumstances on the request of the Bidder within a further extended period of 15 days. If Performance and Additional Performance Security (if applicable) are not furnished within the above time limit, the RITES/ APCPL will be at liberty to forfeit the Earnest Money of the Bidder absolutely The Letter of Acceptance will be sent to the Contractor in two copies, one of which he should return promptly, duly signed as token of the acknowledgement of Receipt of the Letter of Acceptance from the RITES/ APCPL The Letter of Acceptance will be a binding contract between the RITES/ APCPL and the Contractor till the formal Agreement is executed Each page of the Contract Agreement should be singed by the Engineer in Charge and the contractor authorized signatory. If there is any corrections, cuttings, omissions, overwriting, insertions etc (after issue of Tender Document) their number should be clearly mentioned on each page of the Contract Document before signing The tenderer whose tender is accepted shall be required to submit stamp papers of appropriate value for execution of agreement as per the provisions of Indian Stamp Act within 15 days of the date of Letter of Acceptance Issue of Letter of Acceptance. The cost of the stamp papers shall be borne by the tenderer At the same time the Employer notifies the successful tenderer that his tender has been accepted, the RITES will direct him to attend the RITES s office within 28 days of issue of Letter of Acceptance for signing the Agreement No payment for work executed shall be made to the Contractor till the Contract Agreement is signed. 22 of 127

23 ANNEXURE I QUALIFYING CRITERIA (PQ) FOR WORKS CONTRACTS 1. Annual Financial Turnover The bidder should have achieved a minimum annual financial turnover of Rs. 5, 55, 00000/- (Rs. Five Crore Fifty Five Lacs only) in any one of the last 5 financial years. Notes: - The financial turnover will be taken as given under the head Income in audited Profit and Loss Account and excluding nonrecurring income, income from other sources and stock. It is clarified that the Financial Turn over means relevant revenue as recorded ion the Income side of Profit and loss account. It does not mean Profit. - Weightage of 5% (compounded annually) shall be given for equating the financial turnover of the previous years to the current year. - For considering the financial years, for example for a work for which the tender is being opened in financial year , the last five financial years shall be , , , and For a tender opened on (say) (F.Y ), with weight age of 5% compounded annually, the weight ages to be applied on the Turnover of the previous Five Financial Years will be : F.Y = 1.050; F.Y ; F.Y = 1.158; F.Y = 1.216; F.Y = The bidders should furnish annual Financial turnover for each of the last five financial years in tabular form and give reference of the document (with page number) relied upon in support of meeting the qualification criteria. - The tenderer should submit self attested copy of Auditor s Report along with Balance Sheet and Profit and Loss statement along with Schedules for the relevant financial year in which the minimum criterion is met. Provisional audit reports or certified statements 23 of 127

24 shall not be accepted. - If the Audited Balance Sheet for the immediately preceding year is not available in case of tenders opened before 30 th Sept., audited Balance Sheets, Profit and Loss statements and other financial statements of the five financial years immediately preceding the previous year may be adopted for evaluating the credentials of the bidder. - Closing stocks in whatsoever manner should not form part of turnover. 2. Work Experience: The bidder qualify criteria given below - Similar Works Experience The bidder should have completed in his own name or proportionate share as member of a Joint Venture, at least one similar work from start to finish for a minimum value of 35% of the advertised value of the work in the last three financial years (i. e. current year & three previous financial years) prior to the date of submission of the bid. Similar Work Similar works shall mean Supply, installation, testing & commissioning of Panel Interlocking/Electronic Interlocking system Notes : - Only such works shall be considered where physical completion of entire work is over or commissioning of work has been done, whichever is earlier. - The bidder should submit the details of such completed works as per the format at Proforma-1 enclosed. In support of having completed these works, the bidder should submit self attested copies of the completion certificates from the owner/ client indicating the name of the work, the description of work done by the bidder, value of contract executed by the bidder, date of start, date of completion (stipulated and actual) and value of the material supplied by the Client. The value of work executed should be inclusive of the value of free supply items and escalation amount, if any. - The bidder should include details of only such works in proforma I which satisfy the qualification criteria and submit supporting 24 of 127

25 details/credentials of only such works. - Any work executed by the Bidder as a member of a Joint Venture will be accepted provided there is documentary proof in support of the same either in the MOU/ Agreement of the JV or in a declaration by the other Members of that JV or the Client confirming that the specialized work was actually executed by the Bidder. 3. SOLVENCY CERTIFICATE A Solvency Certificate of minimum solvency of Rs Lacs (Suggested format at Proforma 2) from a Nationalized or a Scheduled Bank issued not earlier than 6 months from the last date of submission of tender, is required to be submitted by the bidder. The certificate so produced by the bidder may be got verified from the issuing bank. 4. PROFITABILITY The applicant firm shall be a profit (net) making firm and shall have made profit in each of the last two financial years and at least one of the 3 financial years immediately preceding the last two financial years. The bidder should submit self attested copies of Auditor s Report along with audited Balance Sheet and Profit and Loss statement for the last five financial years. In case the firm is profit making for the last three financial years continuously, the bidder may submit the above document for last three financial years only. 5. JOINT VENTURES * Joint Ventures is allowed for the work of Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana) If JV is successful in the Bid, the contract will be awarded in the name of JV. The JV agreement should be executed within 15 days of receipt of Letter of Acceptance and the JV agreement duly registered in accordance with law so as to be legally valid and binding on the members. The JV shall also open a bank account in the name of JV and all payments due to the JV shall be credited by the Employer to that account only. To facilitate statutory deductions such as towards Income Tax and VAT etc. made from the amounts due to the JV being credited to the concerned 25 of 127

26 Government Departments, the JV shall arrange to obtain in the name of JV, PAN/TIN as required. Bid submitted by Joint Venture of two or more firms as Partners/Members shall be accompanied by the following documents: a) A copy of Joint Venture MOU/Agreement duly notarized so as to be legally valid and binding on all the Partners/Members and incorporating the following provisions (Suggested format at Annexure III): The bid and, in case of a successful bid, the Agreement shall be signed so as to be legally binding on all Partners/Members. One of the Partners/Members shall be nominated as being in charge and this authorization shall be evidenced by submitting Power of Attorney signed by legally authorized signatories of all the Partners/Members. The Partner-in-charge/Lead Member shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners/members of the Joint Venture and the entire execution of the Contract, shall be done exclusively with the Partner in charge. All the partners of the Joint Venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms and a statement to this effect shall be included in the authorization through a Power of Attorney in favour of the Partner-in-charge/Lead Member as well as in the Bid and in the Agreement (in case of a successful bid). Indication of the precise responsibility of all Partners/Members of the Joint Venture in respect of planning, design, construction equipment, key personnel, work execution and financing of the Project duly indicating the percentage in financing of JV by each Partner. In the case of Large Works, the Partner-in-Charge/Lead Member shall have more than 50% participation in financing of the JV and the other Members shall have minimum 20% participation in financing of JV. In case of `Normal Works, the Partner-in-Charge/Lead Partner shall be responsible for 100% financing of the J.V. 26 of 127

27 b) Power of Attorney in favour of the Partner-in-charge/Lead Member on the lines mentioned in item a above.(suggested format at Annexure V). Note: The Partner-in-charge/Lead members shall meet singly financial criterion. All the partners shall meet jointly the experience criterion. 6. DECLARATION OF THE BIDDER Even though the bidders may meet the above qualifying criteria, they are subject to be disqualified if they have a) Made misleading or false representation in the forms, statements and attachments in proof of the qualification requirements. In such a case, besides tenderer s liability to action under para 9.4 of Instructions to Tenderers, the tenderer is liable to be declared ineligible for a period of 3 years, to submit tender for any contract in RITES. b) Records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. c) Their business banned by any Central/State Government Department/ Public Undertaking or Enterprise of Central/State Government. d) Not submitted all the supporting documents or not furnished the relevant details as per the prescribed format. e) A declaration to the above effect in the form of affidavit on stamp paper of Rs. 10/- duly attested by Notary/Magistrate should be submitted as per format given in Proforma 3 enclosed. 7. CHECK LIST OF DOCUMENTS TO BE SUBMITTED a) By Bidders other than Joint Ventures i) Annual Turnover - Annual financial turnover for each of the last 5 years in tabular form. - Self Attested copies of Auditor s Report along with the Balance Sheet and Profit and Loss Statement for the relevant 27 of 127

28 financial year in which the minimum criterion is met (Refer Notes under Para 1) ii) Work Experience - Similar Work Experience: Performa 1 with details of similar works, which satisfy requisite qualification criterion (Refer Para 2a). iii) Solvency Certificate. Suggested format at Performa 2 (Refer Para 3) iv) Profitability - Net profit of last 5 years in tabular form. - Self Attested copies of Auditor s Report along with the Balance Sheet and Profit and Loss Statement for last 5 or 3 financial years, as the case may be (Refer Para 4). v) Declaration by Bidder Performa 3 (Refer Para 6) vi) Integrity Pact (where applicable) : duly signed and witnessed in the format at Annexure VIII (Refer para 11.7) b) Deleted c) By Joint Venture Partners for `Normal Works (1) By Partner-in-Charge/Lead Member i) JV MOU/Agreement (Refer Para 5a) ii) Power of Attorney (Refer Para 5b) iii) Annual Turnover : As in 7a(i) above iv) Work Experience Similar Work Experience : As in 7(a) (ii) above to meet 100% of requirement as per criterion Construction Experience in Key Activities/specialised components: As in 7(a) (ii) above. v) Solvency Certificate: As per 7(a) (iii) above To the extent of 100% financial participation 28 of 127

29 vi) vi) Profitability: As in 7 (a) (iv) above. Declaration by Bidder: As in 7(a) (v) above. (2) By Partners other than Partner-in-Charge/Lead Member i) Work Experience: Construction experience in Key Activities/ Specialised Components: As in 7(a) (ii) above. ii) Declaration by Bidder: As in 7(a) (v) above. 29 of 127

30 Proforma-1 LIST OF SIMILAR WORKS COMPLETED DURING THE LAST 3 YEARS S. Client's Name Scope Agreem Contract Value Date No Name of the of work ent / Value (Rs. in of of. and Work & carried Letter of Lakh) Materia Start Compl Locatio out by Award ls ete n the No. and supplie Addres Bidder date d free s by the Postal Client Addres Award Actual s with ed on Pin Code compl etion Date of Reasons Completion for delay in completio n if any As Actu per al LOA/ Agre e- ment SEAL AND SIGNATURE OF THE BIDDER Note: 1. In support of having completed above works attach self attested copies of the completion certificate from the owner/client indicating the name of work, the description of work done by the bidder, date of start, date of completion (contractual & actual), value of contract as awarded and as executed by the bidder and value of material supplied free by the client and escalation amount. 2. Such Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations / Public Sector Undertakings / Autonomous bodies of Central or State Government / Municipal Bodies / Public Ltd. Co. listed on 30 of 127

31 BSE/NSE shall only be accepted for assessing the eligibility of a Tenderer. 3. Information must be furnished for works carried out by the Bidder in his own name as prime contractor or proportionate share as member of a joint venture. In the latter case details of contract value including extent of financial participation by partners in that work should be furnished. 4. Only similar works completed during the last 3 years which meet the qualification criteria be included in this list. 5. If a Bidder has got a work executed through a Subcontractor on a back to back basis, the Bidder cannot include such a work for his satisfying the Qualification Criterion even if the Client has issued a Completion Certificate in favour of that Bidder. 6. Use a separate sheet for each partner in case of a Joint Venture. 31 of 127

32 Proforma 2 SOLVENCY CERTIFICATE FROM A NATIONALISED OR A SCHEDULED BANK This is to certify that to the best of our knowledge and information, M/s, having their registered office at, a customer of our bank is a reputed company with a good financial standing and can be treated as solvent to the extent of Rs.. This certificate is issued without any guarantee or risk and responsibility on the Bank or any of its officers. Signature with date Senior Bank Manager (Name of Officer issuing the Certificate) Name, address & Seal of the Bank/Branch Note: Banker s Certificate should be on letter head of the Bank. 32 of 127

33 Proforma 3 DECLARATION BY THE BIDDER (Affidavit on Non-Judicial Stamp Paper of Rs.10/- duly attested by Notary / Magistrate) This is to certify that We, M/s., in submission of this offer confirm that:- i) We have not made any misleading or false representation in the forms, statements and attachments in proof of the qualification requirements; ii) We do not have records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completion, litigation history or financial failures etc. iii) Business has never been banned with us by any Central / State Government Department/Public Sector Undertaking or Enterprise of Central / State Government. iv) We have submitted all the supporting documents and furnished the relevant details as per prescribed format. v) The information and documents submitted with the tender by us are correct and we are fully responsible for the correctness of the information and documents submitted by us. vi) We understand that in case any statement/information/document furnished by us is found to be incorrect or false, our EMD in full will be forfeited. SEAL AND SIGNATURE & NAME OF THE BIDDER Signing this document 33 of 127

34 ANNEXURE II A QUALIFICATION INFORMATION/CHECKLIST OF DOCUMENTS LETTER OF TRANSMITTAL BY OTHER THAN JOINT VENTURES (On letter head of the Applicant) From To RITES Ltd. Sir, Sub: Submission of Qualification information /documents as per Checklist. 1. I/We hereby submit the following documents in support of my/our satisfying the Qualification Criteria laid down for the work:- a) Self Attested copy of Partnership Deed/ Memorandum and Articles of Association of the firm. b) Self Attested copy of PAN/TAN issued by Income Tax Department. c) Self Attested copy of valid certificate (valid as on last date of submission of bid) of registration with CPWD/MES/Rlys./ DOT/State Govt. Deptt./Central or State PSU/Municipal body/ Working Contractor of RITES. d) Annual Turnover Self Attested copy of Auditor s Report along with the Balance Sheet and Profit and Loss Statement and Schedules for the relevant financial year in which the minimum criterion is met, with calculations in support of the same. e) Work Experience i) Similar Works Experience:- Performa 1 with details of similar work as applicable and self attested copies of supporting documents as mentioned therein. ii) Construction experience in key activities / specialised components with documentary proof. f) Solvency Certificate - Performa of 127

35 g) Profitability - Self Attested copy of Profit and Loss Statements for the last 5 or 3 Financial Years as applicable. h) Declaration Performa 3 i) Self Attested copy of Sales Tax, Works Contract Tax, Service Tax Registration Certificate (as applicable). j) Self attested copy of Registration under Labour Laws, like PF, ESI etc. k) Self Attested copy of ISO 9000 Certificate (if any) l) Any other document on Qualification and experience. 2. I have furnished all the information and details necessary to prove that I satisfy all the Qualification Criteria laid down. 3. I authorize you to approach any Bank, Individual, RITES/ APCPL, Firm or Corporation whether mentioned in the enclosed documents or not, to verify our competence and general reputation. 4. I have also enclosed written Power of Attorney of the signatory of the tender on behalf of the tenderer. Yours faithfully, Encl: as In Para 1 Signature of Applicant With Name Date with seal 35 of 127

36 ANNEXURE II B (N) QUALIFICATION INFORMATION /CHECKLIST OF DOCUMENTS - LETTER OF TRANSMITTAL BY JOINT VENTURE (To be signed by the Lead Member) (FOR NORMAL WORKS COSTING BETWEEN Rs.1 CRORE and Rs.30 CRORES) From To RITES Ltd. Sir, Subject: Submission of Qualification Information/ documents as per Checklist. As the Lead Member of the Joint Venture, I/We hereby submit the following documents in support of our JV satisfying the Qualification Criteria laid down for the work. Details pertaining to JV a) Self certified copy of the Joint Venture Agreement / Memorandum of Understanding. b) Power of Attorney in my/our favour as the Lead Member executed by the authorized representatives of all the members. c) Self attested copy of a certificate, confirming that the applicant is a working contractor or have executed any work within the last five years reckoned from the date of opening of Tender, issued by Railways, CPWD, MES, DOT, RITES, State PWD or any other Central/State Government Undertaking, Municipal Body, Autonomous Body or Public Limited Company listed on NSE/BSE. d) Self attested copy of Sales Tax, Works Contract Tax, Service Registration Certificate (as applicable). 36 of 127

37 e) Self attested copy of Registration under Labour Laws, like PF, ESI etc. f) Self attested copy of ISO 9000 Certificate ( if any) Details pertaining to Lead Member g) Annual Turnover (i) Annual financial turnover for each of the last 5 years in tabular form. (ii) Self attested copy of Auditor s Report along with the Balance Sheet and Profit and Loss Statement and Schedules for the relevant financial year in which the minimum criterion is met, with calculations in support of the same. Work Experience i) Similar Works Experience: - In Performa 1 with details of 1 / 2 / 3 works as applicable and supporting documents as mentioned therein. ii) Construction experience in key activities/ specialised components:- Tabular Statement giving contract wise quantities executed in last 5 years with documentary proof. i) Solvency Certificate - Performa 2. j) Profitability -Net profit of last 5 years in tabular form with self attested copies of Profit and Loss Statements for the last 5 or 3 Financial Years as applicable. k) Declaration Performa 3 l) Self attested copy of PAN/TAN issued by the Income Tax Department. m) Any other document on Qualification and Experience. 2) I/We also enclose the following documents pertaining to each of the other Partners of J.V. duly signed by the Authorized representative of each Partner/Member of J.V. a) Works experience Construction experience in key activities/ specialised components:- As per para h (ii) above. b) Self attested copy of Partnership Deed/ Memorandum and Articles of Association of the firm. 3) I/We have furnished all information and details necessary to prove that our J.V. satisfies all the Qualification Criteria laid down. 37 of 127

38 4) I/We authorize you to approach any Bank, Individual, Employer, Firm or Corporation whether mentioned in the enclosed documents or not, to verify the competence and general reputation of each Member of our JV. 2. I have also enclosed written Power of Attorney of the signatory of the tender on behalf of the tenderer. Encl: As in Paras 1 & 2 Yours faithfully, Signature of Applicant with Name Date and Seal 38 of 127

39 ANNEXURE III DRAFT MEMORANDUM OF UNDERSTANDING EXECUTED BY MEMBERS OF THE CONSORTIUM / JOINT VENTURE (On each firm s letter Head) From To RITES Ltd Dear Sir, Re: RITES Tender Notice No. dated for (Name of Work) We wish to conform that our company / firm (delete as appropriate) has formed a Consortium with (insert names of all other members of the group) for purposes associated with your Tender No. (Members who are not the Lead Member of the Consortium should add the following paragraph) * * The Consortium is led by (insert name of the Lead Member) whom we hereby authorize to act as leader on our behalf for the purposes of submission of Bid for (name of work) and to incur liabilities and receive instructions for and on behalf of any and all the partners of the Joint Venture/Members of the Consortium. For this purpose we have executed a Power of Attorney in favour of (name of the Lead Member) (Member who is the Lead Member of the Consortium should add the following paragraph)** ** In this Consortium we act as Lead Member and for the purposes of bidding for the work, represent the Consortium. Till the award of work, the Lead Partner shall furnish bid bond and all other bond/guarantees to the Employer on behalf of the Joint Venture, which shall be legally binding on all the partners of the Joint Venture. In the event of our Consortium being awarded the contract we agree to be jointly with (insert names of all other members of the Consortium) and severally liable to RITES, its successors and assigns for all obligations, liabilities, duties and responsibilities arising from or imposed by the contract subsequently entered into between RITES and our Consortium. The precise responsibility of the Lead Member and other Members of the 39 of 127

40 Consortium in respect of planning, design, construction equipment, key personnel, work execution and financing of the Work will be as indicated in the Annexure. These shall not be varied/ modified subsequently without your prior approval. We further agree that entire execution of the contract shall be carried out exclusively through the Lead Member. In case our Bid is successful, the Joint Venture Agreement incorporating the above provisions will be executed within 15 days of receipt of Letter of Acceptance from you and shall be registered where the Agreement will be signed, so as to be legally valid and binding on all Members of the Consortium. We further confirm that we shall open a Bank Account in the name of JV and all payments due to the JV shall be made by you by crediting to that Account. To facilitate statutory deductions such as towards Income Tax and VAT made from the amounts due to us against our bills, being credited to the concerned Government departments, we shall obtain PAN/TIN number etc. as required and advise you the details before claming our first on-account bill. Encl: Annexures. Yours faithfully, Signature (Name of Signatory) (Capacity of signatory) Seal Witness 1 Witness 2 Name Name Address Address Occupation Occupation Note : 1. To be executed by each Member of the Consortium individually. 40 of 127

41 ANNEXURE IV FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY POWER OF ATTORNEY (To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the firm/ company who is issuing the Power of Attorney). We, M/s. (name of the firm/company with address of the registered office) hereby constitute, appoint and authorise Mr./Ms. (Name and residential address) who is presently employed with us and holding the position of, as our Attorney to do in our name and our behalf all or any of the acts, deeds or things necessary or incidental to our bid for the work (name of work), including signing and submission of application proposal, participating in the meetings, responding to queries, submission of information / documents and generally to represent us in all the dealings with RITES or any other Government Agency or any person, in connection with the works until culmination of the process of bidding till the Contract Agreement is entered into with RITES and thereafter till the expiry of the Contract Agreement. We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney shall and shall always be deemed to have been done by us. (Add in the case of a Consortium/Joint Venture) Our firm is a Member/Lead Member of the Consortium of, and. Dated this the day of 20 (Signature and name of authorized signatory) (Signature and name in block letters of all the remaining partners of the firm, Signatory for the Company) Seal of firm/ Company Witness 1: Witness 2: Name: Name: Address: Address: Occupation: Occupation: Notes: 41 of 127

42 - To be executed by all the members individually. In case of a Consortium/ JV, the authorized signatory has to be the one employed by the Lead Member. - The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. 42 of 127

43 ANNEXURE V FORMAT FOR POWER OF ATTORNEY TO LEAD MEMBER OF CONSORTIUM / JOINT VENTURE (To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant Stamp Act. The stamp paper to be in the name of the company who is issuing the Power of Attorney) Whereas RITES Ltd. has invited bids for (Name of work) for and on behalf of as an Agent /Power of Attorney Holder. Whereas, the Members of the Consortium comprising of M/s., M/s., M/s. and M/s. (the respective names and addresses of the registered offices to be given) are interested in bidding for the work and implementing the same in accordance with the terms and conditions contained in the bid documents. Whereas, it is necessary for the members of the Consortium to designate one of them as the Lead Member with all necessary power and authority to do, for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium s bid for the work. NOW THIS POWER OF ATTORNEY WITNESSETH THAT We, M/s., M/s and M/s hereby designate M/s. being one of the members of the Consortium, as the Lead Member of the Consortium, to do on behalf of the Consortium, all or any of the acts, deeds or things necessary or incidental to the Consortium s bid for the work, including submission of application proposal, participating in meetings, responding to queries, submission of information/documents and generally to represent the Consortium in all its dealings with RITES or any other Government Agency or any person, in connection with the work until culmination of the process of bidding till the contract agreement is entered into with RITES and thereafter till the expiry of the contract agreement. We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant to this Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney shall and shall always be deemed to have been done by us/consortium. 43 of 127

44 Dated this the day of 20 (signature) (Name in Block Letter of Executant) Seal of Company Witness 1 Witness 2 Name: Name: Address: Address: Occupation: Occupation: Notes: - To be executed by all the members individually, in case of a Consortium. - The mode of execution of the Power of Attorney should be in accordance with the procedure, if any laid down by the applicable law and the charter documents of the executant (s) and when it is so required the same should be under common seal affixed in accordance with the required procedure. 44 of 127

45 Annexure - VIII INTEGRITY PACT Between RITES LTD. acting for and on behalf of and as an Agent / Power of Attorney Holder of APCPL Ltd. hereinafter called the Employer AND hereinafter referred to as "The Bidder/ Contractor" Preamble The Employer intends to award, under laid down organizational procedures, contract/s for Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana). The Employer values full compliance with all relevant laws and regulations, and economic use of resources, and of fairness and transparency in his relations with the Bidder/s and/or contractor/s. In order to achieve these goals, the Employer will appoint an Independent External Monitor (IEM) who will monitor the Tender process and execution of the contract for compliance with the principles mentioned above. Section 1 Commitments of the Employer (1) The Employer commits himself to take all measures necessary to prevent corruption and to observe the following principles:- 1. No employee of the Employer, personally or through family members, will in connection with the tender or for the execution of the contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. 2. The Employer will, during the tender process, treat all Bidders with equity and reason. The Employer will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. 45 of 127

46 3. The Employer will exclude from the process all known prejudiced persons. (2) If the Employer obtains information on the conduct of any of his employees which is a criminal offence under the IPC (Indian Penal Code) /PC (Prevention of Corruption) Act, or if there be a substantive suspicion in this regard, the Employer will inform its Chief Vigilance Officer and in addition can initiate disciplinary action. Section 2 Commitments of the Bidder/Contractor (1) The Bidder/Contractor commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. 1. The Bidder/Contractor will not directly or through any other person or firm, offer, promise or give to any of the Employer s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract. 2. The Bidder/Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions, to restrict competitiveness or to introduce cartelization in the bidding process. 3. The Bidder/Contractor will not commit any offence under the relevant IPC/PC Act; further the Bidder/ Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Employer as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. 4. The Bidder/Contractor will, when presenting his bid, disclose any 46 of 127

47 and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract. (2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3-Disqualification from tender process and exclusion from future contracts If the Bidder/Contractor, before award or during execution has committed a transgression through a violation of Section 2 above, or in any other form such as to put his reliability or credibility in question, the Employer is entitled to disqualify the Bidder/Contractor from the tender process or take action as per the procedure mentioned in the "Guideline on banning of business dealing annexed and marked as Annexure "A". Section 4- Compensation for Damages (1) If the Employer has disqualified in terms of the provisions in Section 3, the Bidder/Contractor from the tender process prior to the award of contract, the Employer is entitled to demand and recover the damages equivalent to Earnest Money Deposit/ Bid Security. (2) If the Employer has terminated the contract during execution in terms of the provisions under Section 3, the Employer shall be entitled to demand and recover from the Contractor the damages equivalent to Earnest Money deposit, Security Deposits already recovered and Performance Guarantee, which shall be absolutely at the disposal of the Employer. Section - 5 Previous transgression (1) The Bidder/ Contractor declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the Anti-Corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process. (2) If the Bidder/Contractor makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the 47 of 127

48 procedure mentioned in "Guideline on banning of business dealing". Section - 6 Equal treatment of all Bidders/Contractors/Subcontractors (1) The Bidder/Contractor undertakes to demand from all partners/subcontractors (if permitted under the conditions/ clauses of the contract) a commitment to act in conformity with this Integrity Pact and to submit it to the Employer before signing the contract. (2) The Bidder/ Contractor confirms that any violation by any of his partners/sub-contractors to act in conformity with the provisions of this Integrity Pact can be construed as a violation by the Bidder/Contractor himself, leading to possible Termination of Contract in terms of Section 4. (3) The Employer will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions. Section 7- Criminal charges against violating Bidders /Contractors/ Sub- Contractors If the Employer obtains knowledge of conduct of a Bidder, Contractor or Partners/Sub-Contractor, or of an employee or a representative or an associate of a Bidder, Contractor or Sub-Contractor, which constitutes corruption, or if the Employer has substantive suspicion in this regard, the Employer will inform the same to its Chief Vigilance Officer. Section - 8 Independent External Monitor/Monitors (1) The Employer shall appoint competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and will perform his functions neutrally and independently. He will report to the MD/RITES Ltd. (3) The Bidder/Contractor accepts that the Monitor has the right of access without restriction to all Project documentation of the Employer including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and 48 of 127

49 unconditional access to his project documentation. The same is applicable to Partners/Sub-Contractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/ Contractor/Partners/Sub-Contractor with confidentiality. (4) The Employer will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Employer and the Contractor. The parties offer to the Monitor the option to participate in such meetings. (5) As soon as the Monitor notices or has reason to believe that violation of the agreement by the Employer or the Bidder/ Contractor, has taken place, he will request the Party concerned to discontinue or take corrective action, or to take any other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner or refrain from action or tolerate action. (6) The Monitor will submit a written report to the MD/RITES Ltd. within 8-10 weeks from the date of reference or intimation to him by the Employer and should the occasion arise, submit proposal for correcting problematic situations. (7) If the Monitor has reported to the MD/RITES Ltd. of a substantiated suspicion of an offence under relevant IPC/PC Act, and the MD/RITES Ltd. has not, within reasonable time, taken visible action to proceed against such offender or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. (8) The word Monitor would include both singular and plural. Section 9 Pact Duration This pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made/lodged during this time the same shall be binding and 49 of 127

50 continue to be valid despite the lapse of this pact specified above, unless it is discharged/determined by MD/RITES Ltd. Section 10 Other Provisions (1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Employer, i.e. New Delhi. (2) Changes and supplements as well as termination notices need to be made in writing. (3) If the Contractor is a partnership or a consortium, this agreement must be signed by the Partner in charge/ Lead Member nominated as being incharge and who holds the Power of Attorney signed by legally authorised signatories of all the partners/members. The Memorandum of Understanding /Joint Venture Agreement will incorporate a provision to the effect that all Members of the Consortium will comply with the provisions in the Integrity Pact to be signed by the Lead Member on behalf of the Consortium. Any violation of Section 2 above by any of the Partners/Members will be construed as a violation by the consortium leading to possible Termination of Contract in terms of Section 4. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions. RITES Ltd. Agent / Power of Attorney Holder (For & on behalf of the APCPL Ltd.) (For the Bidder/Contractor) (Office Seal) Place: Date:. (Office Seal) Witness 1: Witness 2 (Name & Address) of 127

51 ANNEXURE-A Guidelines on Banning of Business Dealings 1. Introduction RITES, being a Public Sector Enterprise and State, within the meaning of Article 12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter III of the Constitution. RITES has also to safeguard its commercial interests. It is not in the interest of RITES to deal with Agencies who commit deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on RITES to observe principles of natural justice before banning the business dealings with any Agency. 1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case. 2. Scope 2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has been laid down in these guidelines. 2.2 It is clarified that these guidelines do not deal with the decision of the Management not to entertain any particular Agency due to its poor / inadequate performance or for any other reason. 2.3 The banning shall be with prospective effect, i.e., future business dealings. 3. Definitions In these Guidelines, unless the context otherwise requires: i) `Bidder / Contractor / Supplier' in the context of these guidelines is indicated as Agency. ii) Competent Authority and Appellate Authority shall mean the following: 51 of 127

52 a) The Director shall be the Competent Authority for the purpose of these guidelines. MD, RITES shall be the Appellate Authority in respect of such cases. b) MD, RITES shall have overall power to take suo-moto action on any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines. iii) Investigating Department shall mean any Department, Division or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other department set up by the Central or State Government having powers to investigate. 4. Initiation of Banning / Suspension: Action for banning / suspension business dealings with any Agency should be initiated by the department/ unit having business dealings with them after noticing the irregularities or misconduct on their part. 5. Suspension of Business Dealings 5.1 If the conduct of any Agency dealing with RITES is under investigation by any department, the Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Department/Unit, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. The order of such suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Department. The Investigating Department/Unit may ensure that their investigation is completed and whole process of final order is over within such period. 52 of 127

53 5.2 As far as possible, the existing contract(s) with the Agency may be continued unless the Competent Authority, having regard to the circumstances of the case, decides otherwise. 5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage. 5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed. 6. Grounds on which Banning of Business Dealings can be initiated 6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants; 6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises or RITES, during the last five years; 6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc; 6.4 If the Agency employs a public servant dismissed / removed or employs a person convicted for an offence involving corruption or abetment of such offence; 6.5 If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise; 6.6 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts; 6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on the Company (RITES) or its official in acceptance / performances of the job under the contract; 6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying with contractual stipulations; 6.9 Based on the findings of the investigation report of CBI / Police against the 53 of 127

54 Agency for malafide / unlawful acts or improper conduct on his part in matters relating to the Company (RITES) or even otherwise; 6.10 Established litigant nature of the Agency to derive undue benefit; 6.11 Continued poor performance of the Agency in several contracts; (Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason). 7. Banning of Business Dealings 7.1 A decision to ban business dealings with any Agency shall apply throughout the Company. 7.2 If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly. 8. Show-cause Notice 8.1 In case where the Competent Authority decides that action against an Agency is called for, a show-cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or mis-behaviour may be appended to the show-cause notice and the Agency should be asked to submit within 30 days a written statement in its defence. If no reply is received, the decision may be taken ex-parte. 8.2 If the Agency requests for inspection of any relevant document in possession of RITES, necessary facility for inspection of documents may be provided. 8.3 After considering the reply of the Agency and other circumstances and facts of the case, a final decision for Company-wide banning shall be taken by the Competent Authority. The Competent Authority may consider and pass an appropriate speaking order: a) For exonerating the Agency if the charges are not established; b) For banning the business dealing with the Agency. 8.4 The decision should be communicated to the Agency concerned along with 54 of 127

55 a reasoned order. If it decided to ban business dealings, the period for which the ban would be operative may be mentioned. 9. Appeal against the Decision of the Competent Authority 9.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc. 9.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority. 10. Review of the Decision by the Competent Authority Any petition / application filed by the Agency concerning the review of the banning order passed originally by Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Competent Authority upon disclosure of new facts /circumstances or subsequent development necessitating such review. 11. Circulation of the names of Agencies with whom Business Dealings have been banned Depending upon the gravity of misconduct established, the Competent Authority of RITES may circulate the names of Agency with whom business dealings have been banned, to the Ministry of Railways and PSUs of Railways, for such action as they deem appropriate If Ministry of Railways or a Public Sector Undertaking of Railways request for more information about the Agency with whom business dealings have been banned a copy of the report of Inquiring Authority together with a copy of the order of the Competent Authority/ Appellate Authority may be supplied. 12. Restoration 12.1 The Restoration of the banning order shall be for a specific time & on expiry of the same, the banning order shall be considered as "withdrawn" In case any agency applies for restoration of business prior to the expiry of 55 of 127

56 the ban order, depending upon merits of each case, the Competent Authority which had passed the original banning orders may consider revocation of order of suspension of business/lifting the ban on business dealings at an appropriate time. Copies of the restoration orders shall be sent to all those offices where copies of Ban Orders had been sent. 56 of 127

57 PART - I Section - 2 TENDER & CONTRACT FORM 57 of 127

58 Section 2 TENDER AND CONTRACT FORM *Tender for the work of:- Supply, installation, testing & commissioning of S&T System in Y- connection in connection with construction of Railway siding work for APCPL plant [IGSTPP] at Jhajjar (Haryana) * (i) To be submitted by Hrs. on to the Group General Manager/S&T, 5th Floor, Left wing, RITES BHAWAN, Plot-1, Sector-29, Gurgaon (Haryana). * (ii) To be opened in presence of tenderers who may be present at Hrs. on in the office of the General Manager (Project), 5 th Floor, Left wing, RITES BHAWAN. Issued to (Contractor) Signature of officer issuing the documents Designation Date of Issue *(To be filled in by Tender Issuing Officer at the time of issue of tender set). 58 of 127

59 TENDER 1. I/We have read and examined the Notice Inviting Tender and Instructions to Tenderers, General and technical Specification. General Conditions of Contracts and Special Conditions of contract, Drawings and Designs, Schedule of Quantities, other documents and rules referred to in the Conditions of Contract and all other contents contained in the Tender Document for the work. 2. I/We hereby tender for the execution and completion of the work and remedy any defects therein, specified in the Schedule of Quantities within the time specified in tender and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Notice Inviting Tender and Instructions to Tenderers and the Clauses of Contract and with such materials as are provided for, by, and in respects in accordance with, such conditions so far as applicable. 3. We agree that our tender shall remain valid for a period of 90 days from the due date of submission thereof and not to make any modifications in its terms and conditions. 4. A sum of Rs. 1, 85,000/- (Rupees One lac, Eighty Five Thousand only) is hereby forwarded in the form Banker s cheque/demand Draft issued in favour of RITES Ltd., payable at Gurgaon/Delhi as the Earnest Money. 5. If I/We withdraw my/our tender during the period of tender validity or before issue of letter of acceptance which ever is earlier or make modifications in the Terms and Conditions of the Tender which are not acceptable to the RITES/APCPL, then the RITES/ APCPL shall, without prejudice to any other right or remedy, be at liberty to forfeit entire Earnest Money absolutely. 6. If I/We fail to furnish the prescribed Performance Guarantee within prescribed period, I/We agree that the said RITES/ APCPL shall, without prejudice to any other right or remedy, be at liberty to forfeit the said Earnest Money absolutely. 7. If, I/We fail to commence the work within the specified period, I/We agree that the RITES/ APCPL shall, without prejudice to any other right or remedy available in law, be at liberty to forfeit the Earnest Money and 59 of 127

60 Performance Guarantee absolutely. 8. Further, I/We hereby agree that in case of forfeiture of Earnest Money or both Earnest Money & Performance Guarantee as aforesaid in paras 5 to 7, I/We shall be debarred for participation in re-tendering process of the work. 9. On issue of Letter of Acceptance by the RITESR/Employer I/We agree that the said Earnest Money shall be retained by the RITESR/Employer towards Security Deposit, to execute all the works referred to in the Tender document upon the Terms and Conditions contained or referred to therein. 10. I/We hereby agree that I/ We shall sign the Formal Agreement with the RITESR/Employer within 28 days from the date of issue of Letter of Acceptance. In case of any delay, I/We agree that we shall not submit any Bill for Payment till the Contract Agreement is signed. 11. I/We hereby declare that I/We shall treat the tender documents, drawings and other records connected with the work as secret/confidential documents and shall not communicate information derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the RITES/ APCPL /State. 12. I/We hereby declare that I/We have not laid down any condition/deviation to any content of Technical Bid and/or Financial Bid. I/We agree that in case any condition is found to be quoted by us in the Technical and/or Financial Bid, my/our Tender may be rejected. 13. I/We understand that the RITES/ APCPL is not bound to accept the lowest or any tender he may receive. I/We also understand that the RITES/ APCPL reserves the right to accept the whole or any part of the tender and I/We shall be bound to perform the same at the rates quoted. 14. Until a formal agreement is prepared and executed, this bid together with our written acceptance thereof shall constitute a binding contract between us and RITES. 15. I am/we are signing this Tender offer in my / our capacity as one/those authorized to sign on behalf of my/our company/as one holding the Power of Attorney issued in my favour as Lead Member by the Members of the 60 of 127

61 Joint Venture. Seal Witness Signature Name Postal Address Occupation Signature of Authorized Person/s Date Name/s & Title of Signatory Name of Tenderer Postal Address 61 of 127

62 PART - I Section - 3 Special conditions of contract 62 of 127

63 Section - 3 SPECIAL CONDITIONS OF CONTRACT (SCC) 1.0 GENERAL 1.1 The contractor should note and clearly understand that: RITES LTD is getting the work executed on behalf of APCP LTD referred to as Owner/Employer in these documents. If any loss is sustained by RITES LTD/Owner the contractor will make good the same at his own cost. He shall also indemnify RITES LTD/Owner against any claims resulting from the negligence of any acts of omission or commission of the contractor or his agents. 1.2 The Special Conditions supplement the General Conditions of Contract. Where the provisions of special conditions are at variance with the General Conditions of contract and other tender/contract documents, these Special Conditions shall prevail and supercede to General Conditions of Contract/other tender/ contract documents. 1.3 Where there is any conflict between Instructions to tenderers, Conditions of Contract, Special Conditions of Contract, Tender forms, the schedule of works and quantities on the one hand and General Conditions of Contract on the other, the former shall prevail. 1.4 The Contractor shall deemed to have inspected and examined the site and its surroundings & information available in connection therewith & to have satisfied himself as far as practicable before submitting his Tender, as to the form and nature thereof including the subsurface conditions, the extent and the nature of work and materials necessary for the completion of the work, the means of access to the site etc and in general shall be deemed to have obtained all necessary information as to risks contingencies and all other circumstances which may influence or affect his Tender. 1.5 Before starting the work contractor/s shall submit PERT CHART and get 63 of 127

64 approved from the competent authority and the same shall be on display in office. This chart shall be reviewed after every 30 days. 1.6 The land and place where materials are to be stacked shall be made fit for stacking of materials by the contractor at his own cost, nothing extra will be paid for this purpose. 1.7 The contractor will also himself / themselves arrange and pay for the cost of land use for such working facilities as he/they need (i.e. land for labour camps, contractors office, approach road to site(s) of work etc., the contractor will be deemed to have included this element of cost in their through tendered rates and will not be entitled to any extra payment. 1.8 The contractor shall not be entitled to any compensation for any delay in the execution of related items of work to be executed under other contracts. 1.9 Necessary haul roads as required by contractor shall be satisfactorily constructed and maintained by the contractor at his own cost The contractor must not interfere with the work of other contractors who may be employed simultaneously or otherwise by RITES LTD/ APCPL The contractor shall build and provide his site office at his own cost with communication arrangements The Contractor shall indemnify and save harmless the APCPL/RITES from and against all actions, suit proceedings, losses, costs, damages, claims, and demands of every nature and description brought or recovered against them by reason of any act or omission of the contractor, his agents or employees, in the execution of the works or in his guarding the same. Ail 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. PRICE VARIATION: Not applicable to this tender. 1.1 MOBILISATION ADVANCE: Deleted. 1.2 EXTENSION OF TIME If such a failure as aforesaid shall have arisen from any cause which the 64 of 127

65 employer/owner may admit as being a reasonable ground for extension of time, the Group General Manager, RITES LTD/ General Manager, APCPL or his successor(s) shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case and such extension shall be granted by the RITES LTD/ APCPL. The Contractor will apply for extension at least one month before the expiry of the period of completion. 2.3 HANDING OVER OF SITE Efforts will be made by RITES LTD/ APCPL to hand over the site to the Contractor free of encumbrance. However, in case of any delay in handing over of the site to the Contractor, the APCPL /RITES LTD shall only consider suitable extension of time for the execution of the work. It should be clearly understood that the RITES LTD/ APCPL shall not consider any other compensation whatsoever viz. towards idleness of contractor s labour, plant and equipment etc The Contractor shall make his own arrangement for approach to the work site including borrow / disposal area and for movement of men, machinery, other equipment etc. required for carrying out the work included under this Contract The APCPL /RITES LTD reserves the right to hand over the site in parts progressively to the Contractor. The Contractor will be required to do the work on such released-fronts in parts without -any reservation whatsoever The access roads near to the work site may not be available at the time of mobilization of the Contractor. The Contractor shall plan his work within the plant area as per available roads at site. All drainage of works area and all weather truckable /haulage roads as required by the Contractor shall be constructed and maintained during the construction period by the Contractor at his own cost As several contractors will be working within the same site, the contractor should take maximum care not to hamper the other works and is responsible for any damage to existing facilities in the premises. Damages caused, if any, should be made good at contractor's risk and costs. 2.4 TEMPORARY WORKS AND ENABLING WORKS The sitting and nature of all offices, huts, access road to the work areas, access tracks to work areas, bunds, sumps, channels and all other 65 of 127

66 temporary works as may be required for the proper execution of the works shall be subject to the approval of the Engineer-in-Charge. The Contractor at his own cost shall execute these works All the equipments, labour, materials including cement, reinforcement and the structural steel required for the enabling works associated with the entire Contract shall have to be arranged by the Contractor only. Nothing extra shall be paid to the Contractor on this account and the unit rates quoted by the Contractor for various items in the Schedule of Items shall be deemed to include the cost of enabling works The Contractor shall make his own arrangement for approach to the work site including borrow / disposal area and for movement of men, machinery, other requirement etc. required for carrying out the work included under this Contract. 3.0 CO-OPERATION WITH OTHER AGENCIES 3.1 The Contractor shall attend at his cost, all the meetings with the Engineer-in Charge, other Contractors and the Consultants of the RITES LTD/ APCPL for the Contract. The Contractor shall attend such meetings as and when required and fully cooperate with such persons and agencies involved. 4.0 CONTRACT CO-ORDINATION PROCEDURES, MEETINGS & PROGRESS REPORTING COORDINATION 4.1 The Contractor shall prepare and finalise in consultation with RITES LTD / APCPL, a detailed Contract coordination procedure within 30 days from the date of issue of Letter of Award for the purpose of execution of the Contract. 4.2 The Contractor shall have to attend all the meetings at his own cost with APCPL /RITES or Consultants of APCPL /RITES LTD during the currency of the Contract, as and when required and fully cooperate with such persons and agencies involved during these discussions. 4.3 During the execution of the work, Contractor shall submit at his own cost a detailed monthly progress report to the Engineer-in-Charge in three copies by 7 th of every month. 66 of 127

67 5.0 STAFF QUARTER 5.1 It is the responsibility of the contractor to arrange accommodation and hutment at his cost. 6.0 DELETED 7.0 CONTRACTOR S SUPERINTENDENCE/ORGANISATION 7.1 Bidder shall depute well qualified and experienced personnel for administration and execution of the Contract at site in the area of planning, procurement & contracts/construction, electrical, mechanical, quality assurance, personnel, finance, safety etc. 8.0 DELETED 9.0 Ecological Balance 9.1 The Contractor shall maintain ecological balance by preventing deforestation, water pollution and defacing of natural landscape. The contractor shall, so conduct his construction operations, as to prevent any avoidable destruction, scarring or defacing of natural surrounding in the vicinity of work. In respect of ecological balance, the Contractor shall observe the following instructions: 9.2 a) Where destruction, scarring damage or defacing may occur as a result of operations relating to Permanent or Temporary work, the same shall be repaired, replanted or otherwise corrected at Contractor's expense. All work areas shall be smoothened and graded in a manner to conform to natural appearance of the landscape as directed by the Engineer. b) All trees and shrubbery, which are not specifically required to be cleared or removed for construction purposes, shall be preserved and shall be protected from any damage that may be caused by Contractor's construction operations and equipment. The contractor will remove trees or shrubs only after approval by the Engineer. Special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating, 67 of 127

68 dumping, chemical damage or other operation and the Contractor shall adequately protect such trees by use of protective barriers or other methods approved by the Engineer. Trees shall not be used for anchorage. The Contractor shall be responsible for injuries to trees and shrubs caused by his operations. The term 'injury" shall include without limitation, bruising, scarring, tearing and breaking of roots, trunks or branches. All injured trees and shrubs shall be restored as nearly as practicable, without delay, to their original condition at Contractor's expenses. c) In the conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as are reasonably available to control, prevent and otherwise minimize air/noise pollution. d) Excessive emission of dust into the atmosphere will not be permitted during manufacture, handling and storage of concrete aggregates/fly ash/earth/building materials and the contractor shall use such methods and equipment as are necessary for collection and disposal or prevention of dust during these operations. The contractor's method of storing and handling cement shall also include means of eliminating atmospheric discharge of dust. Equipment and vehicles that give objectionable emission of exhaust gases shall not be operated. Burning of materials resulting from cleaning of trees, bushes, combustible construction materials and rubbish may be permitted only when atmospheric conditions for burning are considered favorable. 9.3 Separate payment shall not be made for complying with provisions of this clause and all cost shall be deemed to have been included in the price in the Bill of Quantities 9 4 Noise and Disturbance All works shall be carried out without unreasonable noise and disturbance. The contractor shall indemnify and keep indemnified the Employer from and against any liability for damages on account of noise or other disturbances created while or in carrying out the Works and from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in regard or in relation to such liability. The 68 of 127

69 precautions for safeguarding the Environment shall be the responsibility of the Contactor. 9.5 POLLUTION. Subject and without prejudice to any other provision of the contract and the law of the land and its obligations as applicable, the contractor shall take all reasonable precautions. (a) In connection with rivers, streams, waterways, drains, watercourses, lakes, reservoirs and the like to prevent: i) Silting ii) Erosion of their beds or banks; and iii) Pollution of the water so as to affect adversely the quality or appearance thereof or cause injury or death to animal and plant life. (b) In connection with underground water resources including percolating water to prevent: i) any interference with the supply to or obstruction from such sources; and ii) Pollution of the water so as to affect adversely the quality thereof EXPLOSIVES 10.1 Permission for the use of explosives shall be obtained from the Engineer-in- Charge and shall be used only under close supervision It shall be responsibility of the Contractor to seek and obtain any necessary permits and to ensure that the requirements of the authorities are complied within all respects. Failure to do so may result in the Engineer-in-Charge withdrawing permission to use explosives Under no circumstances shall blasting be permitted at night. The indemnification provided for under the General Condition of Contract shall include indemnification against all claims in respect of any incident arising from the use of explosives Working near running line 11.1 The contractor shall not allow any road vehicle belonging to him or his 69 of 127

70 suppliers etc to ply in land next to the running line If for execution of certain works road vehicles are necessary to be used in land next to the railway line, the contractor shall apply to the Engineer for permission giving the type & no. of individual vehicles, names and license particulars of the drivers, location, duration & timings for such work / movement. The Engineer or his authorized representative will personally counsel, examine & certify the road vehicle drivers, contractor's flag men & supervisor and will give written permission giving names of road vehicle drivers, contractor's flag men and supervisor to be deployed on the work, indicating location, period and timing of the work. This permission will be subject to the following obligatory conditions: (i) Road vehicles can ply along the track after suitable cordoning of track with minimum distance of 6 metre from the center of the nearest track. For plying of road vehicles during night hours adequate measures to be communicated in writing along with a site sketch to the contractor / contractor's representative and controlling engineers / supervisors in-charge of the work including the Engineer-in-charge. (ii) Nominated vehicles and drivers will be utilized for work in the presence of at least one flagman and one supervisor certified for such work. In order to monitor the activities during night hours, the contractor shall post additional staff based on the need of the individual site (iil) The vehicles shall ply 6 m clear of track Any movement / work at less than 6m and upto minimum 3.5m clear of track center, shall be done only in the presence of a supervisor authorized by the Engineer. No part of the road vehicle will be allowed at less than 3.5m from track center. (iv) The contractor shall remain fully responsible for ensuring safety and in case of any accident, shall bear cost of all damages to his equipment, men and also damages to APCPL property, its staff and public. (v) The Engineer may impose any other condition necessary for a particular work or site SECURITY MEASURES 12.1 Security arrangements for the work shall be in accordance with general requirements and the contractor shall conform to such requirements and 70 of 127

71 shall be held responsible for the action or inaction on the part of his staff, employees and the staff and employees of his subcontractors Contractors as well as Sub Contractor's employees and representatives shall wear identification Badges (cards), uniforms. helmets, gum boots and other safety / protection gadgets / accessories to be provided by the Contractor. Badges shall identify the Contractor and show the employee's name and number and shall be worn at all times while at site 12.3 The contractor shall be responsible for security of works for the duration of the contract and shall provide and maintain continuously adequate security personnel to fulfill these obligations. The requirements of security measures shall include, but not be limited to, maintenance of Law and Order at site, provision of all lighting, guard, flagmen, and all other measures necessary for protection of works within the colonies, camps and elsewhere at site, all materials delivered to the site and all persons employed in connection with the works continuously through out working and non-working periods including nights, Sundays and holidays, for the duration of the contract. However, at work sites in close proximity of railway track, traffic corridors where trams, public and traffic are likely to come close to the work area, suitable barricading as proposed by contractor and approved by Engineer shall be provided. Separate payment for provision of security services will not be made and will be deemed to be included in the rates quoted by the bidder against items of Bill of Quantities PROCUREMENT OF S&T MATERIALS 13.1 All the materials and equipments having RDSO specifications must be procured from RDSO approved vendors. Any materials for which approved manufacturers or suppliers are not available shall be procured from sources after getting approval from RITES LTD. prior to procurement. Wherever reference is made in the Technical specification and Bill of quantities in regard to specification number and codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions of the latest alteration of the relevant standards and codes in effect shall 71 of 127

72 apply, unless otherwise expressly stated in the Contract For items where no specific reference has been made to any Specifications, the following should be adopted in the order of precedence starting from top and in all cases the latest edition with up to date correction slip should be followed. (i) Indian Railway /RDSO Guidelines & Specifications (ii) Indian Standard Specifications issued by Bureau of Indian Standards. (iii) Indian Railway Specification In case of doubt, the Engineer in Charge s Directives may be sought Wherever reference is made in the Technical specification and Bill of quantities in regard to specification number and codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions of the latest alteration of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. The work practices during execution shall be same as that of Indian Railway INSPECTION OF MATERIALS: 14.1 Inspection Agency 1. Supply items bearing RDSO/IRS specifications shall be inspected by RDSO. 2. Supply items bearing RDSO/IRS specifications having value less than 1 lakh shall not be inspected by RDSO except the following critical items i. All types of signalling relays; ii. Block instruments; iii. Axle counter equipments; iv. Signal machines; v. Point machines; vi. Colour light signal transformers vii. Electrical signal lamps; viii. Voltage stabilizers and other power supply equipment. ix. Electric signal reversers; x. Signal roundels and lenses; xi. Electric lever lock and circuit controller. xii. Circuit controller; 72 of 127

73 xiii. Electric key transmitter; xiv. Fuses, Fuse Block & Terminal blocks (PBT Type); xv. Electric Point and lock detector. 3. Items bearing no RDSO/IRS specifications and whose value is more than Rs. 1 lakh shall be inspected by RITES/QA 4. Items bearing value less than Rs. I lakh or items whose inspection authority is changed from RDSO/RITES by the competent authority to consignee shall be inspected by RITES/S&T/SBU. RITES will issue letters to the inspecting authority to inspect the material after source of supply of material is informed by contractor. Wherever reference is made in the Technical specification and Bill of quantities in regard to specification number and codes to be met by the goods and materials to be supplied, and work performed or tested, the provisions of the latest alteration of the relevant standards and codes in effect shall apply, unless otherwise specifically stated Inspection Charges- Inspection charges to any of the agency shall be borne by the contractor. 1. Inspection charges shall be directly paid by the contractor to the respective agency at the rates fixed by them (RDSO/RITES). 2. Inspection charges shall be directly paid to S&T/SBU/RITES at the rates fixed by RDSO for items bearing RDSO/RITES specifications and for the other items as fixed by RITES/QA div. 3. If, the inspection agency is changed due to any reason and the inspection charges of the later are more than the former, the difference shall be paid to the contractor by client. In case, the inspection charges of the later are less than the former, the difference shall be paid by the contractor to the client The cost of all test and/or analysis affected at the premises of manufacture of contractor s works shall be borne by the Contractor Materials put up for inspection shall be exactly for the type and quantity laid down in the schedule of works. Any variation shall require the prior approval of the RITES LTD before the material is manufactured or tendered for inspection RITES LTD Engineer will, inspect and test the work at all stages and 73 of 127

74 shall have full powers to reject all or any work that may be considered defective or inferior in quality of material/ poor workmanship or design. The contractor shall carry out such tests at his cost as are necessary in the opinion of the RITES LTD to ensure necessary compliance of the specifications of the contract All material brought to site can be erected only after inspection and acceptance by the Engineer-in-charge or his authorized representative The contractor will be called upon to pay all the expenses incurred by the RITES LTD/ APCPL in respect of any work or materials found to be defective or of inferior quality, adulterated or otherwise unacceptable INSPECTING OFFICER - POWER OF REJECTION Inspecting Officer will have powers to reject the store, if 1. They are not in accordance with the contract/ owing to the adoption of any unsatisfactory method of manufacture. 2. To reject any stores submitted as not being in accordance with the particulars. 3. To reject the whole of the installment tendered for inspection if after inspection of such portion thereof, as he may in his discretion think fit, he is satisfied that the same is unsatisfactory. 4. To mark the rejected stores with a rejection mark, so that they may be easily identified if resubmitted. 5 The Inspecting officer s decision as regards the rejection shall be final and binding on the contractor INSPECTION OF WORKS: 16.1 The completed installation at all stages shall be subjected to checks and test as decided by RITES LTD and the contractor shall be liable to remedy such defects as discovered during these checks and test and make good all deficiencies brought out. However, on certification by RITES LTD, the complete/part installation shall be deemed to be taken over by APCPL just after commissioning of complete part installation. It will be the responsibility of the contractor to rectify any discrepancy (covered under the clause Defect liability Period) noticed within Defect liability period 12 months from the date of commissioning. 74 of 127

75 16.2 The contractor shall advise the RITES LTD 15 days in advance, the time when his portion of the work will be completed by him and be ready for inspection. The RITES LTD will make inspection after the advice of completion of work is received from the Contractor Although the contractor s portion of the work shall be inspected by the RITES LTD as indicated above, it is possible that certain defects may appear at the time of installation. The contractor shall be responsible to rectify these defects to the satisfaction of the RITES LTD During inspection of installation by RITES LTD Engineer, the contractor shall make such tests as would be necessary to demonstrate to the satisfaction of the RITES LTD that the work as completed by him is in accordance with the specifications of the contract. The contractor shall provide such instruments and apparatus as may be necessary for making these tests In case of cable laying, before the cables are actually laid, Contractor s representative and the Engineer s representative of RITES LTD APCPL shall jointly inspect the quality and depth of trenches, check quality of bricks and arrangements for tamped filling. The measurements of length for all these items will be suitably recorded by the Engineer s representative who will permit the laying of cables Inspection Registers will be maintained by the RITES LTD Engineer or their representative in which the contractor will be bound to sign the entries made by the RITES LTD Engineer or their representative. The instructions of the RITES LTD engineer have to be followed. The contractor is required to take into account all the instructions given to him in the Inspection Registers and shall comply with the same within a reasonable time. The contractor shall receive all the letters etc. issued to him at site of work. The contractor shall give the RITES LTD or inspecting authority nominated by RITES LTD clear 10 days notice/or more if required for inspection of material so as to ensure that the progress of works is not delayed on this account in any manner. All the letters submitted to the inspecting authority shall be given to the Engineer-in-charge after due acknowledgment from the inspecting authority. 75 of 127

76 16.7 In case any material is rejected at the site due to its not conforming to the specifications, the contractor/supplier shall arrange to remove all such materials from site at his own cost within 7 days of the receipt of the notice to do so. In case of default, removal from site shall be done by RITES LTD/ APCPL at the risk and cost of the contractor/supplier The contractor is to arrange manpower for smooth & continuous operations of the system. No location/shift should be left unmanned at any given time Tools & plants of all types including various measuring instruments for restoration of gears are to be provided by the contractor In case of theft/pilferage of equipments, the same shall be reported to RITES LTD / OWNER by the contractor immediately after detection or lodging FIR by the contractor to the Police Station QUALITY ASSURANCE a) The tenderer shall submit along with the tender the quality control plan including full details of in-house quality assurance organization, procedures and documentation. During the manufacturing process, proper record shall be maintained for the inspection and test carried out according to this plan. b) In the event of RITES LTD waiving off the inspection, all tests provided in the test schedules approved by RITES LTD shall be carried out by the quality assurance organization and proper record of all such tests and results thereof shall be maintained and supplied to RITES LTD on demand CUSTODY OF MATERIALS: a) All materials brought by the contractor for the work, even if, these have been passed by RITES and payments made therefore, will remain in the custody of the contractor till finally used & commissioned on the work and properly accounted for. b) For this purpose, the contractor will set up his depots in the plant 76 of 127

77 area at locations as directed by the site engineer of RITES. Proper record of receipt of such materials, its acceptance and payment by RITES/APCPL shall be maintained in such stores. When such materials are used on works (with the approval by RITES/APCPL), the issue will be shown against each type of materials and balance derived. Proper formats for maintaining this record will be given by RITES/APCPL to the contractor who will maintain the materials transaction accounts accordingly. c) All the materials so received and stored in the depots by the contractor shall be carefully handled, stacked and maintained so that they are not damaged and used in the work in good condition. In case any materials are damaged in storing, deductions for their cost shall be made from contractor s bills. The contractor shall be solely responsible for keeping in safe custody the RITES/APCPL issued material, if any & also the material procured by him for the works. The contractor shall be responsible for any damage occurring to these material during the time till the material are either his custody but not handed over to RITES/APCPL. Contractor will provide necessary insurance for all the materials till the work is handed over to APCPL. Contractor will hand over necessary insurance documents to RITES/APCPL The insurance cover should be valid till commissioning of the said work handed over to APCPL whichever is earlier. d) All these depots will be set up and maintained by the contractor at his own cost and nothing extra shall be payable on this account. e) On completion of work, all materials brought by the contractor and paid for by RITES shall be accounted for by tallying with site measurements and all surplus materials, if any, shall be removed from the plant area by the contractor at his cost and shall be handed over to APCPL at the location directed by them to keep as maintenance spares. f) Safe custody of the materials at site is the responsibility of the contractor. The work will be carried out in stages and in some cases under traffic conditions; therefore contractor is required to follow the traffic rules. g) If any work (whether/temporary or permanent) or materials, the value of which has been included in any on account bill, is destroyed/damaged for any reasons or stolen, the same shall restored or replaced by the contractor at his own cost or otherwise the 77 of 127

78 value of the work or materials so destroyed/damaged or stolen shall be recovered by the RITES LTD from any payment due to the contractor. h) If any material is supplied by RITES LTD/APCPL for use on a work on the application of a Contractor, the RITES LTD/APCPL shall specify in each case the rate to be charged, which should be the market rate prevailing at the time of supply or the issue rate of RITES LTD/APCPL whichever is higher. i) In case the Contractor fails to return the unused or excess materials (over the actual requirement) on account of excess consumption, negligence materials lost, stolen or damaged in storage and transit on part of the contractor, the cost of such materials shall be recovered from the Contractors at double the rate as calculated in the above para without prejudice the provision of the relevant conditions regarding return of materials governing the contract. j) The provisions made above are without prejudice to the right of RITES LTD/APCPL to take action against the contractor under the conditions of the contract for not doing the work according to the prescribed specification. k) The material issued to contractor but remaining unused and in perfectly good conditions at the time of completion or determination of the contract shall be returned to the Engineer-in-charge of APCPL/RITES at a place where directed by him TESTS & MEASURING INSTRUMENTS, SPECIAL TOOLS AND INSTALLATION MATERIAL 18.1 The contractor shall make such tests as may be necessary to demonstrate to the satisfaction of the RITES that the apparatus and the system as installed are in accordance with the specification and contract. The contractor shall provide such instrument and apparatus as may be necessary for conducting such tests The following tests on equipment and installation shall be made (in addition to tests enumerated in draft Indian Railway standard specification No. RDSO/SPN-13 for Electrical Signaling and Interlocking Fittings and tests specified as under: 78 of 127

79 a) Service tests to determine that protective device function as intended. b) Service test to determine that control system function as intended. c) Test to determine that all circuits conform to approved circuit plan by individually electrically checking each contact/selection. d) Test of all electrically operated devices to determine that its electrical operating characteristics are in accordance with specifications designated by the RITES/ APCPL. e) Test of insulation resistance of each completed circuit in accordance with engineering s instruction. f) The insulation resistance shall be not less than as specified in the Signal Engineering Manual issued by the Ministry of Railways. g) The responsibility of fault location of the defective or inoperative installation during the execution and testing restoration thereof shall be that of the contractor. h) The contractor shall co-operate in conducting tests and trials and wherever defects/deficiencies are required to be attended to or made good, will be complied with promptly The materials required for the work will be arranged in the following manner. a) All materials required for work will be arranged by the contractor at his own cost only from approved sources. All duties, levies, taxes, royalty etc leviable on the materials and their transport will be fully born by the contractor. b). All other materials supplied for the work should also be from Govt or any other approved sources and test certificates regarding their quality must be submitted along with supply of such materials TRANSPORTATION OF MATERIAL: Under this Agreement, all the materials/equipments, to be supplied by the Contractor, shall be hand over by him at APCPL s Depo/store near to site of work. The contractor shall make his own arrangement at his own cost for (i) Transportation of new material (to be supplied by the contractor) up to APCPL s store near to site of work. (ii) Transportation of issued material from APCPL store to site of work. 79 of 127

80 (iii) Transportation of unused new material from site of work to APCPL store. (iv) Transportation of released material from site of work to APCPL store (v) Transportation of unused (new)/released material within work premises. No extra cost on account of (i) to (v) above shall be paid to the contractor SAFETY-PRECAUTIONS 20.1 Some stretches of the alignment are parallel to the existing track. The contractor /supplier will ensure that while stacking materials and making service roads etc. the water way of the bridges/culverts is not obstructed The Contractor/supplier will also ensure that no damage is done to the drainage system and any other service/services structures No claim for escalations under any circumstances will be entertained by RITES LTD/ APCPL DELETED 22.0 SPECIFICATION DRAWING AND CODES 22.1 The Provision of Signalling & Telecommunication facilities for the tendered work shall conform to the specifications and codes of practice mentioned below as amended from time to time till the date of opening of the tender. i) Indian Railway specifications for materials and works, as corrected upto date. ii) Indian Railway Signalling Manual & Telecommunication Manual as corrected up to date. i) IRS specification for the manufacture of Point Machines & its fittings, Panel, IPS etc. issued with latest correction slip upto date The list above at para 22.1 is only indicative, the relevant, IS & IRS Code will have to be followed while supplying the material where the concerned Zonal Railway specification/rdso specification is not specific Copies of concerned Zonal Railways specifications can be obtained from 80 of 127

81 Chief Signal & Telecommunication Engineer of that concerned Zonal Railway on payment of cost. ISI & other Codes may be purchased from Manager Government of India Publication Branch, Patiala House, New Delhi and Director ISI Manak Bhawan, Bahadur Shah Zafar Marg, New Delhi. RDSO drawings and specifications may be obtained on payment from Director, RDSO, Lucknow (UP) The RITES/ APCPL reserve the right to reject or alter any part of the supply by the Contractor/supplier, which in the Judgement of the RITES LTD/ APCPL does not comply with the requirement of the above specifications. The decision of the RITES LTD/ APCPL shall be final and conclusive for all purposes Wherever any materials is found defective in quality or damaged in transit, the same will be rejected and the contractor/supplier should replace the same without any extra cost DELETED 24.0 FORMAT FOR NO CLAIM CERTIFICATE TO BE ATTACHED WITH FINAL BILL 24.1 Payment of final bills for materials supplied shall be subject to the submission of qualified No Claim Certificate to be furnished by the contractor/supplier in the form, as given below: "I/we hereby admit and acknowledge that I/we have no claim or claims whatsoever against RITES LTD/ APCPL under or by virtue of or arising out of the contract/agreement No. dated for the.name of the work made between me/us on the one hand and the RITES LTD/ APCPL of the other hand, save and except the claim more particularly specified hereunder. I/we hereby further admit that my/our only claim which now subsists against RITES LTD/ APCPL under or by the virtue of arising out of the aforesaid contract in respect of. I/we hereby further agree and undertake not to make any claim or claims whomsoever against RITES LTD/APCPL at any time after, under or by virtue or arising out of the aforesaid contract save and except the subsisting claim more particularly specified proceeding paragraph FORCE MAJEURE 25.1 Neither RITES LTD/ APCPL nor contractor/supplier shall be considered in 81 of 127

82 default in performance of the obligations under this order if such performance is prevented or delayed by events such as but not limited to war hostilities, revolution, riots, civil commotion, strike, lock outs, conflagration, epidemics, accidents, fire, wind, floods, draughts, earth quakes or ordinances or any act of God, or for any other cause beyond the reasonable control of the party affected or prevented or delayed, is given within 30 (thirty) days from the happening of the event and in case it is not possible to serve the notice within the shortest possible period without delay As soon as the cause of Force Majeure has been removed the party whose ability to perform its obligations has been affected shall notify the other of such cessation the actual delay incurred in such affected activity adducing necessary evidence in support thereof. From the date of occurrence of a case of Force Majeure, obligations of the party affected shall be suspended during the continuance of any inability so caused with the cause itself and the inability resulting there from have been removed and the agreed time of completion of the respective obligations under this agreement shall stand extended by a period agreed to the period of delay occasioned by such events Should one or both parties be prevented from fulfilling the contractual obligations by a state of Force Majeure lasting for a period of six months or more, the two parties shall consult each other and decide regarding the future execution of this agreement RISK AND COST IN CASE OF FAILURE OF THE CONTRACTOR 26.1 In the even of failure on part of the contractor for maintaining the prorata progress of work as per the mile stone at any stage of contract, the RITES LTD/ APCPL, reserve the right to make good the balance total quantity of work by fixing any other agency on single tender basis or through Departmental means as decided by RITES LTD/ APCPL at the risk and cost of the contractor and the cost so incurred on this shall be to the account of the contractor. The decision of the Engineer-in-charge regarding the quantity of work to be so carried out at the risk and cost of the contractor, the rates at which various items of works to be executed and the selection of alternate agency to carryout such works will be final and binding on the contractor. The extra amount incurred by RITES LTD/ APCPL due to such risk and cost contract will be recovered from the contractor s running bills, security deposit or any other dues available with 82 of 127

83 RITES/ APCPL 27.0 TERMINATION OF CONTRACT In case the contractor fails to maintain the required schedule of progress the contract may be terminated dispensing with 7 days notice and the balance work or part thereof may be got executed by RITES/ APCPL through any agency by way of single tender or Limited tender at the risk and cost of the defaulting contractor PROGRAMME OF WORK/OBLIGATION TO CARRY OUT ENGINEER S INSTRUCTIONS The Contractor shall have necessary resources to execute the work so that the entire work is completed within a period as mentioned in tender documents from the 15 th day of issue of Letter of Acceptance of Tender. The priority of each item for taking up the work shall be as decided by the RITES LTD/ APCPL and the contractor shall take up the work only as per the order of priorities assigned by the RITES LTD/ APCPL or the purpose The engineer-in-charge will also decide priorities location-wise as well as priority in respect of inside vis-à-vis outside work based on completion of other activities from RITES side like Civil Engineering Work and Contractor shall abide by the same Contractor will deploy additional staff including supervisors, artisan, skilled and semi-skilled etc. during N.I. period to ensure that the commissioning of the entire work is completed as per the block or non-interlocking plans by RITES LTD/ APCPL. In case the Contractor/s is/are not able to deploy adequate manpower during N.I., RITES LTD/ APCPL labour/manpower is to be deployed for the purpose to complete the work in time. The expenditure incurred by RITES LTD towards employment of such staff shall be deducted from the Contractor s payment The contractor will programme his work in such a manner so as not to interfere in the working and movement of trains. No extra payment shall be allowed on this account and for taking any precautions or wastage of contractor s labour, time etc. due to train working The Contractor shall be held responsible for the execution of the works 83 of 127

84 according to the time schedule given in the tender document for the execution of the work in full compliance of the specifications and the various clauses of the supplement Technical specifications. Failure to comply with any of these will be dealt with as per provisions laid down in the tender The contractor on his part will have to employ labour in full strength commensurate with working area available. He will also arrange matching materials and equipment to complete the job most expeditiously so as to ensure that the work is completed in phases with the stipulated period If any sub contract is placed against this contract, specific approval shall be taken from Engineer-in-charge before placing the order. In the event of the Contractor's subletting or assigning this contract or any part thereof without such permission, the purchaser shall be entitled to cancel the contract and to purchase the stores elsewhere on the contractor's account and risk and the contractor shall be liable for any loss or damage which the employer may sustain in consequence or arising out of such purpose PROGRESS REPORTING: a) The contractor shall submit to RITES LTD/ APCPL at his own cost periodic progress reports at regular intervals regarding the state and progress of work. The details and Proforma of the report will mutually be agreed after award of the Contract. Such reports shall be for daily manpower, equipment and plant development, weekly work progress and monthly progress review reports. All actions as directed by RITES LTD pursuant to such reports shall be promptly attended to by Contractor. b) The engineer shall also conduct monthly meetings with the contractor to assess and review the progress of works. The action proposed to progress the work as planned, difficulties, assistance required etc. shall be clearly brought out and remedial action taken. The minutes of these meetings shall be jointly signed by RITES LTD and Contractor TENDERER S ADDRESS Tenderers must give their valid address for correspondence. 84 of 127

85 31.0 DOCUMENTS TO BE HANDED OVER AT END OF WORK 31.1 After the execution of the work within two weeks from the date of commissioning of the installations, the contractor shall handover to RITES LTD representative all the original tracings of approved drawings along with 6 prints, duly corrected, where necessary to correspond with the equipments and installations as finally carried out and successfully commissioned for the permanent record of the employer. This will include the following diagrams: - 1. Signalling plans. 2. Selection tables. 3. Circuit diagrams 4. Wiring plan for apparatus cases & relay racks. 5. Route plan of cable laid. 6. Cable distribution chart. 7. Cable insulation chart. 8. Contact analysis chart. 9. Wiring diagrams for the various locations. 10. Track circuit test cards. 11. Track circuit and bonding plan. 12. Power supply arrangements. 13. Technical pamphlets for all equipments installed including guarantee Cards. 14. Any other technical record as required. 15. Panel Diagram The contractor shall ensure that during the execution of the work two sets of prints of all drawings are always available at site, exclusively for reference by RITES LTD/ APCPL apart from the one set of prints to be used by the contractor or his authorised representative for execution of the work SOCIAL BENEFITS IN THE AGREEMENT: To ensure that the social benefits are taken care of, the following clauses 85 of 127

86 must be incorporated in the contract: 1. All employees are covered for all social benefits viz PF, EPF, EDLI and ESI. 2. Proof of recovery and remittance of the same should be submitted along with the monthly/running bill for the next month. 3. An Indemnification covering RITES LTD should be submitted against any claim during execution of the contract or at later stage under the Employees Provident Fund and Workmen Compensation Act before release of payment of first bill TRAINING (Deleted) 34.0 MISCELLANEOUS 34.1 During the contract period, the contractor shall provide free of cost suitable road transport vehicle in good condition (not less than 03 years old) to RITES LTD s officials for the purpose of regular supervision and inspection of works at site by them. The vehicle shall remain fully under the control of site in-charge of RITES LTD. The contractor shall bear all expenses for running the vehicle i.e. fuel, servicing, insurance, maintenance and driver etc Various log books & test cards containing voltage and current readings, cable meggering registers and inspection registers as required shall be maintained as per IR signal Engineering Manual and produced to RITES LTD for scrutiny Contractor will be paid actual amount of work done and for approved material supplied against the contract SECURITIES 35.1 PERFORMANCE GUARANTEE The successful Bidder, on acceptance of his Tender by the Competent Authority, will be issued a Letter of Acceptance, Prior to expiration of the Bid Validity period directing the Contractor to furnish the Performance Guarantee and the Additional Performance Guarantee (if any in case of unbalanced bids) within 15 days of issue of Letter of Acceptance and in 86 of 127

87 very special circumstances on the request of the Bidder within a further extended period of 15 days. If Performance and Additional Performance Security (if applicable) are not furnished within the above time limit, the RITES/NTPC will be at liberty to forfeit the Earnest Money of the Bidder absolutely The Letter of Acceptance will be sent to the Contractor in two copies two of which he should return promptly, duly signed as token of the acknowledgement of Receipt of the Letter of Acceptance from the RITES/NTPC. The Letter of Acceptance will be a binding contract between the RITES/NTPC and the Contractor till the formal Agreement is executed Each page of the Contract Agreement should be singed by the Engineer in Charge and the contractor authorized signatory. If there is any corrections, cuttings, omissions, overwriting, insertions etc (after issue of Tender Document) their number should be clearly mentioned on each page of the Contract Document before signing The tenderer whose tender is accepted shall be required to submit stamp papers of appropriate value for execution of agreement as per the provisions of Indian Stamp Act within 15 days of the date of issue of Letter of Acceptance. The cost of the stamp papers shall be borne by the tenderer At the same time the Employer notifies the successful tenderer that his tender has been accepted, the RITES will direct him to attend the RITES s office within 28 days of issue of Letter of Acceptance for signing the Agreement No payment for work executed shall be made to the Contractor till the Contract Agreement is signed SECURITY DEPOSIT ON ACCEPTANCE/AWARD OF TENDER 36.1 The total security deposit including the earnest money deposited with the tender shall be 5% (Five percent) of the contract value of the work. The Earnest Money deposited at the time of tenders will be treated as part of the total security deposit. 87 of 127

88 The balance Security Deposit shall be 5% of the gross amount of each running bill till the sum along with the sum already deposited as Earnest Money reaches the required total amount of Security Deposit i.e. 5% of the contract value of the work All compensation or other sums of money payable by the contractor under the terms of this contract may be deducted from, or paid by the sale of a sufficient part of this security deposit, or from any sums which may be due to or may become due to the contractor by RITES LTD on any account whatsoever and in the event of his security deposit being reduced by reason of any such deductions or sale as aforesaid, the contractor shall within 10 days make good in cash or Guarantee Bonds in favour of RITES LTD executed by any branch of a scheduled bank, any sum or sums which may have been deducted from, or raised by sake of his security deposit or any part thereof The total security deposit as mentioned above shall be upon fulfilment of the conditions mentioned below shall be released /refund to the contractor after 04(four) months from the date of completion of defect liability period provided Engineer-in-charge of RITES LTD or his authorised representative is satisfied that there is no demand outstanding against the contractor. : (a) (b) (c) Security Deposit will not be released/ refunded to the contractor till the contractor obtains clearance certificate from the Labour Office. Upon commissioning of the work, All defects concerning poor workmanship / defective materials etc. as pointed out by RITES LTD, during the defect liability period of 12 months, have been rectified by the contractor at his own cost including replacements of defective materials. If the contractor fails to rectify the defects pointed out during the defect liability period, then either the rectification work shall be got done through any other agency/agencies at the risk and cost of the contractor or the defect liability period may be extended suitably to allow time for rectification of defects to the satisfaction of RITES LTD. The Security Deposit shall be refunded after adjustment of the cost of rectification s carried out, if any. Security deposit may also be released on completion of work against Bank Guarantee of equal amount from a schedule bank 88 of 127

89 (d) valid for 16 months from the date of completion. The total Security deposit shall be refunded/released without any interest payable on it TERMS OF PAYMENT The measurements shall be recorded in measurement form in quadruplicate and thereafter in Measurement Book or directly in measurement book as the case may be by authorized representative of RITES LTD in the presence of authorized representative of APCPL and the Contractor or his authorized representative at site. The contractor or his authorized representative will sign measurement forms/ measurement book in token of his acceptance of the measurements. The measurement forms/ measurement book shall also be signed by the authorized representative of APCPL Payment will be made by RITES LTD, Gurgaon (Haryana) to the contractor on submission of bills duly certified by RITES LTD. The anticipated date of release of payment will be approximately 45 days from the date of submission of bills to RITES LTD on receipt of funds from APCPL to RITES LTD. RITES LTD will not be responsible for any delay in releasing payments of running bills beyond 45 days due to non-availability of funds with RITES LTD. The Contractor will not be entitled to any claim on RITES LTD for delay in payment due to non -availability of funds. No interest will be paid on any delay on the payment of running/final bills to the contractor Contractor shall handover all the materials, which are to be supplied by them, at APCPL store/depot. near site of work. All the supplied materials shall be received APCPL and shall remain in the custody of APCPL The materials shall be issued by APCPL to contractor on advice of RITES LTD as an when required for erection/installation PAYMENT AGAINST BOQ ITEMS OF SUPPLY OF MATERIALS of Schedule -A.: (i) 80% cost of materials shall be paid to the contractor after receipt of materials duly inspected and certification by authorized representative of RITES LTD on production of documents along with running bill & Notarized 89 of 127

90 Indemnity Bond executed in accordance to performa enclosed. (ii) 10% cost of the supplied material shall be paid to the contractor after certification by authorized representative of RITES about the satisfactory installation / erection of the material in the works at site. (iii) Balance 10% cost of materials supplied & installed at site and shall be paid to the contractor after testing & commissioning of S&T installation. (iv) balance 20% cost of materials supplied but not required to be installed, shall be paid to the contractor in the final bill after testing & commissioning of S&T installation and reconciliation of materials duly certified by the authorized representatives of RITES Ltd. & and countersigned by the authorized representative of APCPL Ltd PAYMENT AGAINST BOQ ITEMS OF ERECTION: (i) 90% cost of erection shall be paid to the contractor on certification by the authorized representative of RITES LTD about satisfactory completion of erection/ installation as per item/items of BOQ. (ii) Balance10% cost of erection shall be paid to the contractor after testing, Commissioning of the S&T system duly certified by authorized representative of RITES LTD PAYMENT OF COMPOSITE ITEMS INVOLVING SUPPLY AND INSTALLATION: (i) 65% cost of such materials shall be paid to the contractor after receipt of materials duly inspected and certification by authorized representative of RITES LTD on production of documents along with running bill & Notarized Indemnity Bond executed in accordance to performa enclosed. (ii) 25% cost of such schedule item shall be paid after successful erection/installation of the materials/equipments. (iii) Remaining 10% cost of such schedule item shall be paid after testing, commissioning of the S&T system OVERPAYMENT & UNDERPAYMENT Whenever any claim for the payment of a sum of money to M/s RITES / APCPL arises out of or under this Contract against the Contractor/supplier 90 of 127

91 the same may be deducted by the M/s RITES LTD/ APCPL from any sum then due or which at any time thereafter may become due to the contractor under this contract and failing that under any contract with M/s RITES / APCPL or from any other sum due to the contractor from M/s RITES / APCPL which may be available with M/s RITES / APCPL or from his security deposit, or he shall pay the claim on demand M/s RITES/ APCPL reserve the right to carry out post payment audit and technical examination of the final bill including all supporting vouchers, abstracts, etc. M/s RITES LTD/ APCPL further reserve the right to enforce recovery of any overpayment when detected If as a result of such audit and technical examination any over payment is discovered in respect of any work done by the contractor or alleged to have been done by him under the contract, it shall be recovered by M/s RITES LTD/ APCPL from the contractor/supplier by any or all of the methods prescribed above and if any under payments is discovered, the amount shall be duly paid to the contractor/supplier by M/s RITES LTD/ APCPL Provided that the aforesaid right of M/s RITES LTD/ APCPL to adjust over payments against amounts due to the contractor/supplier under any other contract with M/s RITES LTD/ APCPL shall not extend beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill, from the date the amount payable by the contractor under MINUS final bill is communicated to the contractor/supplier Any amount due to the contractor/supplier under this contract for underpayment may be adjusted against any amount than due or which may at any time thereafter become due before payment is made to the contractor, from him to M/s RITES LTD/ APCPL on any other contract or account whatsoever APCPL will provide form C and waybill to the contractor for availing of Sales Tax rebate wherever applicable. In case APCPL fails to provide from C and way bill additional sales tax as paid by the contractor on account of non issue of Form-C, will be reimbursed to the contractor by APCPL on production of proof of payment of Sales Tax by the Contractor. This should be done before finalisation of final bill of the contractor. No 91 of 127

92 claim shall be entertained after concluding the final bill SALES TAX ON WORKS CONTRACT, TURNOVER TAX, OTHER TAXES, DUTIES & LEVIES ETC The award of work under this Contract shall be on "Works Contract Basis". The Contractor shall be responsible for payment of sales tax levied on the Works Contract tax under State Government (jurisdiction of works) Sales Tax Act and the rules made there under including amendments if any. This liability shall be to the Contractor's account and it shall not be reimbursed by RITES LTD / APCPL. Tax deductions at source shall be made as per laws prevalent in the country. The above taxes on transaction between contractor and his sub-contractors/sub-vendors shall also be contractor s liability The rates quoted by contractor include all taxes, such as sales tax, excise duty, VAT, octroi, and all other charges and taxes leviable by central/state Government and local bodies etc. including inspection charges on material payable to Inspection wing It will be incumbent upon the Contractor to obtain a registration certificate as a dealer under the Local Sales Tax Act and the Central Sales Tax Act and necessary evidence to this effect shall be furnished by the Contractor to APCPL/ RITES LTD. Sales Tax on the transactions between the Contractor and his Sub contractors/vendors etc. shall not be reimbursed by APCPL /RITES LTD The Contractor shall be responsible for any taxes that may be levied hereinafter on the transactions between Contractor and APCPL /RITES LTD The Contractor, shall be liable and responsible for the payment wherever payable, of the taxes, import duties, tolls, octroi duties, excise duty, levies, VAT, entry tax, service tax, Cess, Royalty, Seinorage charges etc. on all services, materials and articles' that he may use for this work. Any increase in the aforesaid taxes, import duties, tolls, octroi duties, excise duty, levies, entry tax, service tax, Cess, Royalty, Seinorage charges etc. that may arise during the currency of the contract shall be entirely on the Contractor s accounts. Any new tax /taxes levied by the State/Central Govt. after submission of the tender will be reimbursed by APCPL on production of 92 of 127

93 proof of payment The item rates quoted shall be inclusive of all taxes such as Sales Tax Excise Duty, Entry Tax, VAT, Toll Tax, Turnover Tax on Works contract tax, Octroi, Royalty and any other tax or levy etc., as applicable. However sales tax on work contract, if paid by APCPL /RITES directly, the same amount shall be recovered from the contractor s on account bills and no exemption claims on this account shall be entertained by APCPL /RITES LTD SIGNING OF NO CLAIM CERTIFICATE The contractor shall not be entitled to make any claim whatsoever against the RITES LTD/ Owner under or by virtue of or arising out of the contract, nor shall the RITES LTD/ Owner entertain or consider any such claim if made by the contractor after he shall have signed a No Claim Certificate in favour of the RITES LTD/ Owner in such form as stipulated by the RITES LTD/ Owner, after the works are finally measured up. The Contractor shall be debarred from disputing the correctness of any item covered by the No Claim Certificate or demanding a clearance to arbitration in respect thereof VARIATION IN SCHEDULE QUANTITY 45.1 APCPL/RITES reserve the right at the time of award of contract and/or during progress of works to increase or decrease in quantities upto + 25% of the contracted quantities without any change in unit price or other terms & conditions. The rates for the quantity beyond 25% of BOQ items and any nonscheduled items are to be finalized as per the procedure mentioned here under: (a) (b) (c) Estimated rates for such additional quantity of BOQ items and nonscheduled items shall be assessed by RITES LTD based on LARs/market rates. These rates shall be vetted by associated finance of RITES LTD. Contractor shall be asked to submit their rates for these items. Comparative statement of estimated rates and rates offered by the contractor along with briefing note shall be prepared and got vetted by associate finance of RITES LTD. 93 of 127

94 (d) Vetted comparative statement shall be put up to already nominated / fresh nominated Tender Committee consisting members of RITES LTD only for negotiation and finalization of rates for these items. (e) (f) Based on finalized rates by tender committee, the variation statement shall be prepared and sent to APCPL for scrutiny and approval for varied quantities and revised rates thereof. On receipt of approval for varied quantities, revised rates and revised contract price from APCPL, the supplementary LOA after the approval of competent authority of RITES LTD shall be issued to contractor for their acceptance DEFECT LIABILITY PERIOD 46.1 The Defect liability period shall be 06 months reckoned from the certified date of completion of the work. Also through out the defect liability period of 06 months sufficient materials/equipments etc. will be arranged by the contractor to enable to carry out the repairs/ rectification immediately whenever pointed out by OWNER/ RITES LTD After the issuance of completion certificate,regular/preventive maintenance of the signaling gears shall be the responsibility of APCPL. Contractor shall not be responsible for the defects arising due to the lack of such regular/preventive maintenance During Defect liability period, the contractor shall only be responsible for rectification of defects arising out of bad work man-ship/ defective materials and shall be replaced by the contractor at his own cost In case, the contractor fails to rectify defects covered under clause 46.3 above to the satisfaction of Engineer-in-charge, then RITES LTD./OWNER reserves the right to get the rectification work done at the risk and cost of the contract. The decision of RITES LTD./OWNER in this regard shall be final and binding on the contractor and shall be beyond purview of Arbitration 94 of 127

95 PROFORMA-X FORM OF PERFORMANCE SECURITY BANK GUARANTEE BOND 1. In consideration of the Employer having agreed under the terms and conditions of LOI No dated.issued by RITES LTD, having its Corporate Office at RITES Bhawan, Plot No. 1, Sector-29, Gurgaon (Haryana) and M/s (hereinafter called the said contractor(s) ) for the work and the subsequent agreement to be executed by the above parties (herein after called the said agreement ) the Contractor having agreed to production of a irrevocable bank guarantee for Rs.. (Rupees. Only) as a Security/ Guarantee for compliance of his obligations in accordance with the terms and conditions in the said agreement, We... (indicate the Name of the Bank) hereinafter referred to as the Bank hereby undertake to pay to the RITES LTD an amount not exceeding Rs. (Rupees only) on demand by RITES LTD. 2. We... (indicate the Name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from RITES LTD stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor(s). Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. (Rupees.only). 3. We, the said Bank further under take to pay to RITES LTD any money so demanded not withstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court or Tribunal relating there to our liabilities under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the Contractor(s) shall have no claim against us for making such payment. 4. We (indicate the Name of the Bank) 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 dues of the RITES LTD under or by virtue of the said agreement have been fully paid and its 95 of 127

96 claims satisfied or discharged or till Engineer-in-charge on behalf of the RITES certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor (s) accordingly discharges this guarantee. 5 We.. (indicate the Name of the Bank) further agree with the RITES LTD that the employer 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 (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said contractor (s) and to forbear or enforce any of the terms and conditions relating to the 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 of omission on the part of the Employer or any indulgence by the Employer 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/cancel this guarantee except with the previous consent of the RITES LTD in writing. 8. This guarantee shall be valid upto unless extended on demand by RITES LTD. Not withstanding anything mentioned above, our liability against this guarantee is restricted to Rs. (Rupees. Only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities under this guarantee shall stand discharged. Dated the.. day of.. for (indicate the name of the Bank). **** 96 of 127

97 PROFORMA-Y NOTARIZED INDEMNITY BOND FOR ON ACCOUNT PAYMENTS TOWARDS SUPPLY OF MATERIALS (On paper of requisite Stamp Value) We, having its Corporate Office at (hereinafter called as Contractor, which expression shall include its heirs, executers, administrators/ their successors) do hereby undertake that we held in our custody for and on behalf of APCPL LTD. / RITES LTD. having their office at RITES BHAWAN, Plot No.1, Sector-29, Gurgaon , Haryana (hereinafter referred to as the Purchaser ) and as has property in trust for him all imported and indigenous materials, which have been handed over to us against the contract for the work vide Contract Agreement No dated and materials such as mentioned in Supply and Erection schedule handed over to us by the Purchaser for the purpose of execution of the said contract, until such time the materials are duly erected and commissioned or otherwise handed over to him. We shall be entirely responsible for the safe custody and protection of the said materials against all risk till they are duly delivered as erected and commissioned equipment to the Purchaser, or as he may direct otherwise and indemnify the Purchaser against any loss or damage on deterioration whatsoever in respect of the said materials while in our possession and against disposal or surplus materials. The said materials shall at all times be open to inspection by any officer authorized by the APCPL LTD. / RITES LTD. or their successor. Should any loss, damage on deterioration of materials, occur or surplus materials disposed off and refund becomes due, the Purchaser shall be entitled to recover from us the full cost and compensation determined in terms of the contract for such loss or damage if any, along with the amount to be refunded without prejudice to any other remedies available to him by deduction from any sum due or any sum hereafter becomes due to us under the said or any other contract. 97 of 127

98 Date: day of 2008 For and on behalf of Contractor WITNESS: Signature of witness: Name in Block letters: Address: 98 of 127

99 PROFORMA -E CONTRACTOR S NOTICE FOR APPOINTMENT OF ARBITRATOR To Dear Sir, In terms of clause 56 of GCC of the agreement, particulars of which are given below, I / We hereby give notice to you to appoint an arbitrator for settlement of disputes mentioned below: 1. Name of applicant 2. Whether applicant is Individual / Prop. Firm / Partnership Firm / Ltd. co. 3. Full address of the applicant 4. Name of the work and contract number in which arbitration sought 5. Name of the RITES Office which entered into contract 6. Contracted amount in the work 7. Date of contract 8. Date of start of work 9. Stipulated date of completion of work 10. Actual date of completion of work (if completed) 11. Total number of claims made 12. Total amount claimed 13. Date of intimation of final bill (if work is completed) 14. Date of payment of final bill (if work is completed) 15. Amount of final bill (if work is completed) 16. Date of request made to Engineer incharge for decision 17. Date of receipt of Engineer in charge decision 18. Date of appeal to you. 19. Date of receipt of your decision Specimen signature of the applicant (only the person / authority who signed the contract should sign) I/ We certify that the information given above is true to the best of my / our knowledge. I / We enclose following documents. 99 of 127

100 1. Statement of claims with amount claimed against each claim Copy in duplicate to Yours faithfully, (Signature) 1. Engineer in Charge, RITES LTD 100 of 127

101 PART - I SECTION -4 TECHNICAL SPECIFICATIONS & DRAWINGS 101 of 127

102 1. LIST OF SIGNALLING MATERIALS WITH THEIR SPECIFICATION/DRAWINGS The Signalling & Telecom Materials to be supplied by the contractor will be to the following specifications/drawings with the latest amendments: 102 of 127

103 103 of 127

104 104 of 127