TS 45 10

WESTERN RAILWAY
RAJKOT DIVISION
NOTICE No. DRM/RJT/2010-11/08 Dt.18.08.10 Sr. No. DRM/RJT/2010/45
Name of Work :- Providing ballast wall from KM. 853/6 to 854/1 between Kanalus- Modpur & KM. 853/16
to 854/1 between Kanalus- Motikhavadi (Total length 1200 mtrs.)
1. Type of tender : Open Tender
2. Cost of tender documents : Rs. 2000 /- (By post Rs.2500/- )
3. Earnest Money Deposit : Rs. 31920/-
4. Estimated cost of work : Rs. 1596000/-
5. Completion period : 03 Months
6. Time & Date of start of sale of tender documents : 10.00 Hrs on 30.08.10
7. Time & Date for closure of sale of tender Documents : 12.00 Hrs on 27.09.10
8.Time & Date for closure for submission of tender documents : 15.00 Hrs on 27.09.10
9. Time & Date for opening of tender : 15.30 Hrs on 27.09.10
10.Validity of offer from date of opening : 90 Days
Tender Inviting Authority :-

Divisional Railway Manager (Works Account),
Works Engg Department,
Kothi Compound, Western Railway,
RAJKOT -3600001
1
Signature of tenderer/’s
DRM (WA) RJT

(For & Behalf of President of India)
WESTERN RAILWAY
RAJKOT DIVISION
FORWARDING LETTER
Issued to / Downloaded by : -
M/s.
Note : If the tender has been downloaded from the website , the interested bidders should write their
name and address in the space above and enclose cost of tender documents in acceptable
form as mentioned in the tender documents along with the offer.
The price of the tender document is paid for the above tender vide
DD/Money Receipt No. Dated:-____________________________
Note :- (Tenderers to fill details of tender fee in form of Money Receipt for tenders purchased in
person/ by post OR Demand Draft particulars for tenders down loaded from Web site
deposited for the cost of tender)
1. For tenders sold in the office of the tender inviting authority, the tender document is issued on request
of the tenderer/s after having deposited the requisite cost of the tender document as stated above. The
tender document is issued to these tenderers with further condition that they agree to abide by the
conditions laid down in the tender document , before submitting the tender.
2. For tender documents downloaded from the official web site of the Western Railways, the following
conditions strictly apply:-
(a) The document has been downloaded by you from the official website of western railway
http://www.wr.indianrail.gov.in for submitting the bid. A Demand draft (separate Demand Draft other
than that of Earnest Money) for an amount equivalent to cost of tender document mentioned in tender
notice in favour of Sr Divisional Finance Manager, Western Railway, Rajkot payable at Rajkot, towards
the cost of the tender document will have to be enclosed with the tender document. In case, the offer is
not accompanied with the valid demand draft for the cost of the tender document as detailed above,
the tender will be summarily rejected.
(b) Tenderer/s to please note that the document is being allowed to be downloaded with further
condition that he/they agree to abide by the conditions laid down in the tender document, before
submitting his/their tender.
(c) The total document from the first page to the last page where `END OF DOCUMENT' is marked is
to be downloaded and submitted along with the offer. Otherwise the document will be treated as
incomplete and therefore invalid.
(d) The Railway before the due date & time of closure of issue of tender documents on its own or in
response to any clarification requested or suggested by any person including that of the tenderer, may
modify the tender document at its sole discretion. It will be the responsibility of the tenderers who had
downloaded the documents from the website to submit offer in the updated copy of the tender
documents and Railway may not consider the offers downloaded from website if offer is not submitted
in updated tender documents.
3. All tenderer/s shall please also note that if any change/addition/deletion with malafide intention is made
by the bidder and the same is detected at any stage even after award of the tender, all necessary
action including banning of business may be taken against the bidder.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
4. The tender document comprises various parts and contains pages as under :-
Sr. Description Page No.

No.
1 Top Page 1
2 Forwarding Letter 2
3 Tender Notice
4
4 Documents for fulfilling eligibility criteria 7
5 Information and Instructions to tenderer(s) 8
6 Tender form (First sheet) 10
7 Tender form (Second sheet) 11
8 Special Conditions of Contract (Part-I) –(A) Highlights of recent

Amendments of GCC. 15
9 Special Conditions of Contract (Part- I) –(B) General 16
(a) Annexure/A - Statement of Deviation 37
(b) Annexure/B - Safety Rules 38
(c) Annexure/C - Form of Guarantee Bond for Performance Guarantee. 40
(d) Annexure/D - Certificate of no relative being an employee of Western 42
10 Proforma I to V 43-46
11 Schedule of approximate quantities & rates 47-50
5. All the above parts taken together shall constitute the complete tender document hereinafter referred to
as “tender document” and have to be read together and acted upon accordingly. No part of the tender
document can be relied upon or acted upon in isolation.
Enclosure :- Tender document containing 50 pages, including cover page.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
CIVIL WORKS/TRACK WORKS
Western Railway - Rajkot Division
Tender Notice No: DRM/RJT/2010-2011/08 Date: 18 /08/2010

Sealed OPEN tenders for and on behalf of President of India are invited by The Divisional Railway
Manager (Engg.), Western Railway, Rajkot on prescribed forms for the following works. The tender
forms non-refundable will be issued up to 11.00 hrs., on the date shown against the each work and
received up to 15.00 hrs and opened at 15.30 hours on the same day. Tender fees under Indian Postal
order, Demand Draft and Money Order will not be accepted. It should be remitted with any of the Station
Master of the Western Railway and money receipt in original should be produced to Divisional Railway
Manager Office, Engineering Department, Western Railway, Kothi compound, Rajkot for obtaining
the tender form up to 17.00 hours of working day, not earlier than 15 days before the date of opening. If
the tender document is required by post Rs.500/- extra to be paid with the tender fee. Earnest Money
receipt should be in the name of Divisional Finance Manager, Western Railway, Rajkot. The tender
document will be available on Western Railway website i.e. www.wr. indianrail. gov.in and the same can
be downloaded.
Tender No.DRM/RJT/10/45 : Name of work – Providing ballast wall from KM. 853/6 to 854/1
between Kanalus- Modpur & KM. 853/16 to 854/1 between Kanalus- Motikhavadi (Total length
1200 mtrs.) , approx.cost-Rs. 1596000/-, Earnest money-Rs. 31920/-, Tender fee-Rs.2000/-
.Completion period- 03 months, opening date- 27.09.10. Similar Work ; Not applicable.
Eligibility Criteria: (As given below are applicable only open tenders costing above Rs.20 lakhs)
only such tenderer/firm need to apply who satisfies with following criteria)
Should have completed at the time of opening of At least one similar single work for
tender in the last 3 financial years (i.e. current year minimum value of 35 % of advertised
and three previous financial years) tender value of work
Total contract amount received during the last three Should be a minimum of 150% of
financial years and in the current financial year advertised tender value of work as per
attested payment certificate from the
employer / client, audited balance
sheet duly certified by the chartered
accountant etc.
“If the tenderer fails to submit any proof for meeting with eligibility criteria as
prescribed above with the tender document while submitting the offer, the offers should
be considered as incomplete and should be summarily rejected.”
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
1 Sale of tender Forms : Prescribed tender documents will be available for sale at above mentioned
office on working days between 11.00 Hrs to 17.00 hrs up to date and time indicated above. Tender forms
can be dispatched by Registered post only if a valid request is received atleast ten days prior to date of
tender opening along with cost of tender documents. However Railway will not be responsible for any
delay in receipt of tender documents by post.
2 The tender notice and tender documents will also be available on western railway’s official web site
http://www.wr.indianrail.gov.in . The same can be downloaded and used as tender document for
submitting the tender. This facility is available free of cost. However the cost of tender document as
mentioned above has to be paid in the form of Demand Draft issued in favour of “Sr Divisional
Finance Manager, Western Railway, Rajkot”, payable at Rajkot and should be enclosed with the
Tender Form while dropping the tender. In case the tender is not accompanied with the valid Demand
Draft for the cost of the tender document downloaded, the tender will be summarily rejected.
3 Eligibility Criteria (Applicable for works costing above Rs.20.00 lacs only) :
3.1 Only those tenderer(s) are eligible who fulfill following eligibility criteria (for works costing above
Rs.20.00 lacs only) for which necessary documents as indicated below should be submitted along with
offer.
(i) Turn Over : The total contract amount received by the tenderer(s) during the last three financial
years and the current financial year should be a minimum of 150% of advertised tender value of work.
Tenderer(s) should submit proof to this effect in form of attested certificates from employer/clients for
payments received by them year wise during the period or audited balance sheet duly certified by the
chartered Accountant.
(ii) Experience in similar work : The tenderer(s) should have completed at the time of opening of
tender in the last three financial years (i.e. current year and three previous financial years), at least one
similar single work, for a minimum value of 35% of advertised tender value of work .
Similar work in this context means : Not applicable.
(Attested copy of satisfactory completion certificates issued by employer/client along with value of
work done shall be submitted along with the offer).
(a) Similar nature of work physically completed within the qualifying period i.e. the last three-financial
years and current financial years (even though the work might have commence before qualifying
period) should only be considered in evaluating the eligibility criteria.
(b) The total value of similar nature of work completed during the qualifying period and not the
payments received within qualifying period alone, should be considered. In case the final bill of similar
nature of work has not been passed and final measurements have not been recorded, the paid
amount including statuary deduction is to be considered. If final measurements have been recorded
and work has been completed within negative variation, then also the paid amount including statuary
deduction is to be considered. However, if final measurements have been recorded and the work has
been completed with positive variation, but variation has not been sanctioned. Original agreement
value or last sanction agreement value whichever is lower should be considered for judging eligibility.
(c) In the case of composite work involving combination of different works, even separate completed
works of required value should be considered while evaluating the eligibility criteria. For example, in
the tender for bridge work where similar nature of work has been defi9ned as the bridge work with pile
foundation and PSC super structure, a tenderer, who has completed one bridge work with pile
foundation of value at least equal to 35% of tender value and also has completed one bridge work with
PSC Super structure of value at least equal to 35% / tender value, should be considered as having
fulfilled the eligibility criteria of having completed single similar nature of work
3.2 Deleted.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
3.3 Certificates from private individual, for whom the tenderer has worked, shall not be considered.
Certificates from only those organization/ institution /bodies will be considered, which execute in public
view and maintain variable records. As such organizations/ bodies from which certificates will be
considered are as follows:
i) Govt. Deptts. , PSU’s and other Govt. Institutions.
ii) Public Limited Companies.
iii) Private Limited Companies.
iv) Govt. recognized institutions.
v) Co-operative registered with “Registrar Of Co-operatives.”
vi) Partnership firms registered with “Registrar Of Firms.”
vii) Sole Proprietary firms registered with “Registrar Of Companies.”
However, the certificate should be on the Organization’s Letter Pad, bearing Contract address, Tele.
Nos. FAX No. E-Mail address etc. Further the certificates from souses listed at Sr.No.ii) to vii) should
invariably accompanied with the proof of organization registration with or reorganization by Govt,
without which such certificate shall not be considered as adequate proof for the purpose of this tender.
All copy of documents being submitted by the tenderer/s shall be duly attested.
4. The cost of tender form should be remitted with any stationmaster of Western Railway and original
money receipt should be produced for getting the tender form in person or by post. However for tenders
downloaded from the website, only demand draft will be accepted.
5 Tender not accompanied by the required earnest money in the requisite form as mentioned in the tender
documents shall be summarily rejected. The earnest money shall be drawn in favour of
Sr. Divisional Finance Manager, Western Railway, Rajkot, payable at Rajkot in the form as
specified in the tender document . In case of FDRs, the same should be released in favour of the
Railway by endorsing on revenue stamp. Earnest money in the form of bank guarantee will not be
accepted.
6 Tender forms are non-transferable and offers should be submitted in prescribed tender documents as
issued by the Railway/down loaded from the official web site of the Railway through internet only.
7 Railway reserves the right to cancel the tender without assigning any reason.
8 Offers with validity of offer less than what is prescribed in the tender documents will be rejected
summarily.
9 If the date of receipt and opening of tender happens to be a declared holiday, the same will be received
and opened on the next working day as per original timings.
10 List of personnel, organization available on hand and proposed to be engaged for The subject work.
11 List of plants & machinery available on hand (own) and proposed to be inducted (Own & hired to be
given separately) for the subject work.
12 List of works completed in the last three financial years and current financial year giving description of
work, organization for whom executed, approximate value of contract at the time of award, date of
award, date of schedule completion of work, date of actual commencement of work, actual date of
completion and completion cost. Supportive documents/certificates from the organizations with whom
they had worked should also be enclosed. Certificate from private individuals for whom such works were
executed will not be accepted.
13 List of works on hand indicating description of work, contract value, date of award, value of work
executed & approximate value of balance work yet to be done
14 i) Conditions for submission for tender of Ballast supply, each tenderer at the time of tendering shall
submit the test report of impact value, abrasion value from reputed laboratory or institute.
(ii) Test report for ballast should not be more than six months old of the date of opening of tender.
15 This Tender notice has also been published on the Western Railway’s official website
http://www.wr.indianrail.gov.in.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
DOCUMENTS SUBMITTED FOR FULFILLING THE ELIGIBILITY CRITERIA LAID DOWN IN TENDER
DOCUMENTS
Tenderers shall fill up the following table indicating the details of the firm, EMD submitted and references
of documents attached in support of eligibility criteria i.e. the documents on the basis of which the tenderer
considers himself as eligible for the work as per eligibility criteria laid down in tender documents.
No Item Details/certificates enclosed
Sr. Item Details/Certificates enclosed.

No.
1 Name of the firm & address
2 Type of firm Prop/Partnership/Pvt LTD/PSU/Govt Dept
3 Constitution of firm give full

details including names of
partners/Executives/Power of
Attorney holders etc.
4 Particulars of Registered with
Government/Semi Govt.
Organization, Public sector
undertaking & Local Bodies
etc.
3 Details of EMD Submitted
4 Satisfactory completion
certificates for completion of
similar works during last 3
financial years and current
financial year.
5 Certificate of turnover
(Contractual payments
received during three
financial year and
current financial year)
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
1 INFORMATION AND INSTRUCTIONS TO THE TENDERER/S
1.1 The President of India acting through Divisional Railway Manager(WA) , Western Railway,
Kothi Compound, Rajkot -36001 , hereinafter called the `Tender Inviting Authority’ has invited
open tenders for the work specified in the Tender Notice from the tenderer(s) who qualify the
eligibility criteria given in the tender notice.
1.2 Tender Inviting Authority's address for the purpose of the tender is given below:-
Divisional Railway Manager(WA) ,Works Engg Dept

Kothi Compound
Western Railway, Rajkot Division , Rajkot- 360001
2 The Tenderer/s is advised to study the Tender Document carefully. The Tenderer(s) shall also acquaint
himself/ themselves with the local conditions, nature of work and all other matters pertaining thereto.
3 The Tendere/s must obtain for himself, on his own responsibility and at his own expense, all information
which may be necessary for the purpose of making the Tender offer and entering into Contract.
4 The submission of the Tender shall be deemed to have been done after careful study and examination
of the Tender Document with full understanding of the implications thereof. Any clarification required by
a Tenderer shall be obtained from the Office of the Tender Inviting Authority on any working day during
office hours.
5 The tenderer(s) shall strictly adhere to the form of tender specified by the Railway. Tenders not
submitted in this form are liable to be rejected.
6 Complete tender document along with accompaniments shall be sealed in an envelope , super scribing
boldly :
Tender No
Tender due to open on
Name of work
7 The Tender shall be signed by individual or individuals legally authorized to enter into commitments on
behalf of the Tenderer. Any individual or individuals signing the Tender Documents or other
documents connected therewith should specify whether he is signing
i. As a Sole Proprietor of the firm or Attorney of the Sole Proprietor;
ii. As a Partner or Partners of the firm;
iii. As a Director, Manager or Secretary in a Limited Company.
8 In the case of a firm not registered under the Indian Partnership Act, all the partners or the Attorney
duly authorized by all of them should sign the Tender Document and all other concerned documents.
9 Requisite Power of Attorney or such other documents empowering the individual or individuals to sign
should be furnished along with the Tender.
10 Every Tenderer shall state in the Tender his postal address fully and clearly. Any communication sent
in time to the Tenderer by post at the said address shall be deemed to have reached the Tenderer
duly and in time. He shall also give telephone and fax number for communication. Important
documents shall be sent by Registered post. The tender shall be addressed to the tender issuing
authority.
11 The complete Tender document shall be dropped in the Tender Box placed in the Office of the
Tender Inviting Authority not later than due date and time of closing.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
12 Such Tenders which cannot be dropped in the Tender Box due to large size, shall be handed over to
the Office Superintendent , tender section , of the office of the tender inviting authority, not later than
the date and time prescribed and a receipt thereof obtained.
13 Tenders sent by post shall be sent by Registered Post acknowledgement due, so as to reach the
Office of the Tender Inviting Authority not later than 15.00 hrs. on date of opening of tender. Tenders
received late will not be considered.
14 Conditional tenders are liable to be rejected. Railway however reserves the right to reject such tenders
summarily without assigning any reasons whatsoever. The Railway also reserves the right to reject any
special conditions stipulated by the Tenderer as considered unacceptable to the Railway and can call
upon the Tenderer to withdraw such conditions. If any deviations from the General conditions/ special
conditions/ specifications are proposed by the tenderer, they should be mentioned statement of
deviation in Annexure`A' and not else where in the tender documents.
15 Evaluation of Tender:
For evaluation of Tenderer's offer, it may be necessary to seek certain clarifications. Railway shall seek
such clarification in writing or through telegram/cable/Telex/FAX.
16 If it is found at any stage of the finalization of the tender or during actual execution of the work that
the information furnished in this tender ,including clarifications, is incorrect, the tenders are likely to
be rejected.
17 Sales Tax/Commercial Tax/Works Contract Tax:

Taxes prescribed by the Central government/State Government/Local bodies at the rate prescribed by
them will be recovered from the bills from time to time.
18 The list of documents to be attached along with the tender documents is as under:-
i) Earnest Money in proper form.
ii) Tender fee in prescribed form in case of down loaded document.
iii) Various Proforma attached with tender document.
iv) Documents fulfilling the eligibility criteria (for works costing above Rs.20.00 lacs) as detailed in
clause 3.1 of tender notice.
v) List of personnel, organization available on hand and proposed to be engaged for the subject work.
vi) List of plants & machinery available on hand (own) and proposed to be inducted (Own & hired to be
given separately) for the subject work.
vii) List of works completed in the last three financial years and current financial year giving description
of work, organization for whom executed, approximate value of contract at the time of award, date of
award, date of schedule completion of work, date of actual commencement of work, actual date of
completion and completion cost. Supportive documents/certificates from the organizations with whom
they had worked should also be enclosed. Certificate from private individuals for whom such works
were executed will not be accepted.
viii) List of works on hand indicating description of work, contract value, date of award, value of work
executed & approximate value of balance work yet to be done. Supportive documents/certificates from
the organizations with whom they are working should also be enclosed. Certificate from private
individuals for whom such works are being executed will not be accepted.
ix) Method statement, PERT CHARTS & Construction schedule vis-à-vis deployment resources.
x) Partnership deed.
xi) Power of Attorneys.
xii) Complete tender documents duly signed & completed in all respects including filling up of the rates
in offer sheet and signing each and every page of the document..
xiii) Any other document the tenderer(s) may like to submit in support of his credentials/scheme.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
TENDER FORM (FIRST SHEET)
To,
The President of India,
Acting through
Divisional Railway Manager (WA),
Western Railway, Rajkot Division,
RAJKOT -360 001
1. I/We ______________________________________ (Tendrerers to fill the name of their firm) have

read the various conditions to tender attached here to and agree to abide by the said conditions.
I/We also agree to keep this tender open for acceptance for a period as indicated in top sheet of the
tender document from the date fixed for opening the same and in default thereof, I/We will be liable
for forfeiture of my/our "Earnest Money". I/We offer to do the work for Western Railway, at the
rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in
all respects within the stipulated completion period mentioned in the tender notice of the work.
2. I/We also hereby agree to abide by the General Condition of Contract corrected upto Aug 98 with
printed/advance correction slips up to no 4 and to carry out the work according to the special
conditions of contract and specifications of materials and work as laid down by Railway in the
annexed special conditions/specifications and the Western Railway Works Hand Book Part-
III,(1984 edition) corrected upto printed/advanced correction slip number 9 dated 1.11.91, Sanitary
Works Handbook (1977 edition) corrected upto printed/advance correction slip number 1 dated
11.10.84, Schedule of Rates Part-I corrected upto printed/advance correction slip number 2,3 dated
26.5.94&4.9.95,Schedule of Rates Part-II(1993 edition) corrected upto printed/advance correction
slip number 1 dated 11.7.94, for the present contract.
3. The requisite earnest money as specified in the tender notice is herewith forwarded as Earnest
Money. The full value of the earnest money shall stand forfeited without prejudice to any other
right or remedies in case my/our tender is accepted and if:-
a. I/We do not execute the contract documents within 15 (Fifteen) days after receipt of notice
issued by the Railways that such documents are ready and
b. I/We do not commence the work within fifteen days after receipt of order to that effect.
4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a
binding contract between us subject to modifications as may be mutually agreed to between us and
indicated in the letter of acceptance of my/our offer for this work.
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
TENDER FORM: (SECOND SHEET)
1. Instructions to Tenderers and Conditions of Tender
The following documents form part of contract:
a. Tender notice.
b. Information and instruction to the tenderers in the tender documents.
c. Tender form - First sheet and second sheet.
d. Special Conditions & additional special conditions and specifications in tender documents.
e. Schedule of approximate quantities enclosed in tender documents.
f. Western Railway General Conditions of Contract (G.C.C.) (Revised edition-Aug 1998) as
amended up to correction slip No 3. Copy of General Conditions of Contract can be obtained on
payment from the General Manager (Engg.) Western Railway, Mumbai Central, Mumbai 400008.
g. Western Railway Works Hand Book, Part III (Revised 1984 Edition) with correction slip issued up
to correction slip No.9 dated 1-11-91 for standard specifications and amendments to Works
Hand Book Part-III under CTE-CCG’s letter No.W.118/11/31/15 Vol. II (W7B) dated 25-30/8/93
and W.118/11/31/1 Vol. II dt. 18.8.93. Copy can be obtained on payment from the office of the
General Manager (E), Western Railway, Mumbai Central, Mumbai-400008.
h. Western Railway Schedule of Rates (S.O.R.) Part I (Revised 1993 Edition) with correction slips
issued up to correction slip No.3 dated 04-09-1995. The copy can be obtained on payment, from
Office of the General Manager (E), Western Railway, Mumbai Central, Mumbai-400008.
i. Western Railway Schedule of Rates, Part II (Revised 1993 Edition) corrected up to correction slip
No.1 dated 11-7-94. The copy can be obtained on payment, from the office of the General
Manager (E), Western Railway, Mumbai Central, Mumbai-400008.
j. Western Railway Sanitary Works Hand Book 1977 Edition with correction slips issued up to No.1
dated 11-10-1984. Copy can be obtained on payment from the General Manager (E), Western
Railway, Mumbai Central, Mumbai-400008.
k. All general and detailed drawings pertaining to this work which will be issued by the Engineer or
his representative (from time to time) with all changes and modifications.
2. Drawings for the work : Drawings for the work can be seen in the office of the Sr. Divisional Enginer,
Divisional Railway Manager’s office, Rajkot Division, Rajkot 360 001 at any time during the office
hours. The drawings are only for the guidance of tenderer (s). Detailed working drawings, if required,
based generally on the drawings mentioned above, will be given by the Engineer or his representative
from time to time.
2.1 The structural drawing of the work if required will be done by the tenderer. He will have to submit
draft drawing along with draft calculation in hard as well as in soft copy to the office of Divisional
Engineer (Works) Rajkot. After scrutiny of the design submitted, tenderer will submit final print on
tracing plan along with corrected design calculation in soft and hard copy to the office of Divisional
Engineer (Works) Rajkot. For this work of design nothing extra will be paid by Railway.
3. The tenderer (s) shall quote his/their rates as a percentage above or below the schedule of rates of the
Western Railway as applicable except where he/they is/are required to quote item rates and must tender
for all the items shown in the schedule of approximate quantities attached. The quantities shown in the
attached schedule are given as a guide and are approximate only and are subject to variations
according to the needs of the Railway. The Railway does not guarantee work under each item of the
schedule.
4. Tenders containing erasures and / or alterations of the tender documents are liable to be rejected. Any
corrections made by the Tenderer (s) in his / their entries must be attested by him/them.
5. The works are required to be completed within the stipulated completion period mentioned in the tender
notice
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DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
6 EARNEST MONEY :
(a) The tender must be accompanied with requisite Earnest money mentioned in the tender notice,
deposited in cash or in any of the forms as mentioned below drawn in favour of ‘Sr Divisional
Finance Manager , Rajkot Division, Rajkot’ , Payable at Rajkot., failing which the tender will be
summarily rejected.
i) Deposit receipt, Pay orders and Demand drafts. These forms of earnest money could be either of
the State Bank of India or of any Nationalized Banks. No confirmatory advice from the Reserve
Bank of India will be necessary.
ii) Deposit receipt executed by the Scheduled Banks ( other than the State Bank Of India and the
Nationalized Banks ) approved by the Reserve Bank Of India for the purpose. The Railway will
not, however, accept, any such deposit receipt without getting in writing the concurrence of the
Reserve Bank Of India.
iii) The earnest money wherever it is deposited in cash should be remitted to the any Station of the
western railway and the receipt obtained thereof should be enclosed with the tender as a proof of
the deposit of requisite earnest money. The earnest money should not be deposited with Stations.
(b) Lumpsum/Standing Earnest money is not acceptable as EMD.
(c) The Tenderer(s) shall keep the offer open for a minimum period of validity as mentioned in the top
sheet of the tender document. It is understood that the tender document has been sold/issued to
the Tenderer(s) and the Tenderer(s) is / are permitted to tender in consideration of the stipulation on
his/their part that after submitting his/their tender subject to the period being extended further if
required by mutual agreement from time to time, he will not resile from his offer or modify the terms
and conditions thereof in a manner not acceptable to Western Railway. Should the Tenderer fail to
observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the
due performance of the above stipulation shall be forfeited to the Railway.
(d) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security
Deposit for the due and faithful fulfillment of the contract. Clause 16 of General conditions of Contract
the earnest money of the other tenderers shall save as herein before provided be returned to them,
but the railway shall not be responsible for any loss or depreciation that may happen thereto while in
their possession nor be liable to pay interest thereon.
7. Rights of the Railway to deal with tender : The authority for the acceptance of the tender will rest with
the Railway. It shall not be obligatory on the said authority to accept the lowest or any other tender
and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender nor
does the Railway undertake to assign reasons for declining to consider or reject any particular tender
or tenders.
8. If the tenderer(s) deliberately gives/give wrong information in his/their tender, or creates/create

circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such
tender at any stage.
9. If the tenderer(s) expires after the submission of his tender or after the acceptance of his tender, the
Railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their
tender or after the acceptance of their tender the Railway shall deem such tender as cancelled unless
the firm retains its character.
10. Income Tax Clearance Certificate : Since deleted.
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11. Tenderers credentials :- Documents testifying tenderers previous experience and financial status
should be produced along with the tender or when desired by competent authority of Western
Railway. Tenderer/s who has/have not carried out any work so far on this Railway and which is/are
not borne on the approved list of contractors of Western Railway should submit along with his/their
tender credentials to establish
(i) His capacity to carry out the works satisfactorily.
(ii) His financial status supported by bank references & other documents.
(iii) Certificates duly attested and testimonials regarding contracting experience for the type of
job for which tender is invited with list of works carried out in the past.
12. Non compliance with any of the conditions set forth therein above is liable to result in the tender
being rejected.
13. Execution of Contract Documents : The successful tenderer(s) shall be required to execute an
agreement with the President of India acting through the Divisional Railway Manager (Works
account), Rajkot, Western Railway for carrying out the work according to “General conditions of
Contract “ Special conditions /Specifications annexed to this tender, and specification for work and
materials as laid down in the “ Work Hand Book Part III ” and Sanitary Works hand book of Western
Railway as amended /corrected with correction slip mentioned in the tender form (First Sheet).
14. Partnership deeds, Power of Attorney etc: The tenderer shall clearly specify whether the tender is
submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a
partnership concern, he should submit the certified copy of partnership deed along with the tender
and authorization to sign the tender documents on behalf of partnership firm. If these documents are
not enclosed along with tender documents, the tender will be treated as having been submitted by
individual signing the tender documents. The Railway will not be bound by any power of attorney
granted by the tenderer or by changes in the composition of the firm made subsequent to the
execution of the contract. It may, however recognize such power of attorney and changes after
obtaining proper legal advice, the cost of which will be chargeable to the contractor.
15. The tenderer whether a sole proprietor, a limited company or a partnership firm, if they want to act
through agent or individual partner/partners should submit along with the tender or at a later stage, a
power of attorney duly stamped and authenticated by a Notary Public, or by Magistrate in favour of the
specific person whether he/they be partner/partners of the firm or any other person specifically
authorizing him/them to submit the tender, sign the agreements, receive money, witness
measurements, sign measurement books, compromise , settle, relinquish any claim or claims preferred
by the firm and sign “ No Claim Certificate ” and refer all or any disputes to arbitration.
16. Employment / Partnership etc. of Retired railway employees. :

(a) Should a tenderer be retired engineer of the Gazetted rank or any other Gazetted Officer working
before his retirement, whether in the executive or administrative capacity, or whether holding a
pension able post or not, in the Civil Engineering Department of any of the Railways owned and
administered by the President of India for the time being, or should a tenderer being partnership
firm have as one of its partners a retired engineer or retired Gazetted officer as aforesaid , or
should a tenderer being a incorporated company have any such retired officer as one of its
Directors, or should a tenderer have in his employment any retired engineer or retired Gazetted
Officer as aforesaid , the full information as to the date of retirement of such engineer or Gazetted
Officer from the said service and in case when such engineer or officer has not retired from
government service at least two years prior to the date of submission of the tender as to whether
permission for taking such contract or if the contractor be a partnership firm or an incorporated
company to become a partner or Director as the case may be or to take employment under the
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contractor, has been obtained by the tenderer or the Engineer or officer as the case may be from
the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in
writing at the time of submitting the tender. Tenders without the information above referred to or a
statement to the effect that no such retired engineer or retired Gazetted Officer is so associated
with the tenderer, as the case may be, shall be liable to be rejected.
(b) Should a tenderer or contractor being an individual on the list of approved contractors have a
relative or relatives, or in the case of partnership firm or company of contractors one or more of his
shareholders or relatives of the shareholders employed in a Gazetted capacity in the Civil
Engineering Department of the Western Railway , the authority inviting tenders shall be informed
of the fact at the time of submission of tender , failing which the tender may be disqualified or if
such fact subsequently comes to light, the contract may be rescinded in accordance with the
provisions in Clause 62 of the General Conditions of Contract.
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SPECIAL CONDITIONS OF CONTRACT (PART- I)

(A) HEIGHLIGHTS OF RECENT
AMENDMENTS OF GCC
Salient Features of recent amendment of General Conditions of Contract vide

Board’s letter No. 2003/CE-I/CT/4/PT.I DT.12/16.5.06 & 2007/CE-I/CT/18 dt 23/9/07
1. EMD shall be as under.
Value of work EMD

(Tender Value)
For works estimated to cost up to Rs. 1 2% of the estimated cost of the work
Crore.
For works estimated to cost more than Rs. 2 lakhs plus 1 / 2 % ( half percent) of
Rs. 1 Crore. the excess of the estimated cost of the
work beyond Rs. 1 crore subject to a
maximum of Rs. 1 crore.
2. Standing LSEM is dispensed forthwith. Separate EMD is to be submitted with each tender.
3. Security deposit will be at a flat rate of 5% of the contract value. (See para 4 of special conditions
of contract Part-I (B).
4. A new clause of performance guarantee in the form of bank guarantee for 5% of the contract
value has been introduced. ( See para 5 of Special conditions of contract Part-I(B).
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SPECIAL CONDITIONS OF CONTRACT (PART- I) –(B) GENERAL
1.0 GENERAL :
1.1 In these Special Conditions of Contract the following terms shall have the meaning hereby assigned
to them except where the context otherwise requires:
(a) "General Condition of Contract" shall mean General Conditions of Contract –1998 as contained
in Western Railway, Engineering Department “Works Hand Book Part I & II “ as amended vide
correction slips mentioned in Tender form ) First Sheet. (b) Standard Specifications shall mean
"Western Railway specifications for materials and Works – 1984 As laid down in Western
Railway Works Hand Book Part III 1984) and Sanitary Works Hand book (1984), as amended
vide correction slips mentioned in Tender form (First sheet).
(c) Standard Schedule Items/Rates shall mean the Items/Rates in the Western Railway Standard
Schedule of Rates - 1993.
(d) All other terms shall have the same meaning as assigned to them in the General Conditions of
Contract and Standard Specifications.
1.2 Where there is any conflict in conditions/Specifications contained in various parts, order of
precedence will be as given below-
i. Any footnote given by the Railway in the schedule of quantities and rates.
ii. Description of item in the Schedule of Quantities and rates.
iii. Special Specifications.
iv. Additional Special Conditions/of Contract.
v. Standard Specifications.
vi. Special Conditions of Contract.
vii. General Conditions of Contract.
1.3 Where there is any conflict in the description, Unit, rate etc. of items based on schedule of rates, as
included in the “Schedule of items, Quantities and rate “ incorporated in the tender/Contract
document on the one hand and the Standard Schedule of Rates on the other hand, Standard
schedule of rates should prevail.
2.0 Every endeavor has been made to avoid any error which can materially affect the basis of the Tender
and it is understood that the Contractor has taken upon himself and provided for the risk of any error
which may be subsequently and shall make no subsequent claim on account thereof.
3. DEVIATIONS :
3.1 Unless specifically provided otherwise in the Tender, any and all exception which the Tenderer may
have to any of the Clauses of the Special Conditions of Contract or the additional special condition
of the contract as included in the tender shall be clearly stated. Such exceptions shall be listed in the
format, enclosed with the tender as annexure A titled “Schedule of deviation”. If the Tenderer has no
exceptions, the annexure shall be submitted with a “Nil” statement. If the tenderer does not include
the Annexure with the Tender it shall be conclusive evidence that the Special Conditions of Contract
and the Additional Special Conditions of Contract are entirely acceptable to the Tenderer.
3.2 Any Deviations from these Special Conditions of Contract and the Additional Special Conditions of
Contract if any stated by the Tenderer in his Tender or subsequently introduced by the Railway shall
be a part of the Contract only to such extent as have been explicitly accepted by the Railway and
incorporated
in the contract.
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4 SECURITY DEPOSIT:
4.1 Security deposit will be at a flat rate of 5% of the contract value.
4.2 The Earnest money deposit of successful tenderer will be retained as a part of security deposit.
The amount over and above the Earnest money so retained to make up the full security deposit will
be recovered from each running bill at the rate of 10% of the bill amount till the full securit y deposit is
recovered. The balance to make up the full security deposit will be recovered only from the running
bills. Bank Guarantee, Fixed Deposit, Government securities etc. will not be accepted for Security
deposit.
4.3 No interest shall be payable on security deposit.
4.4 Security deposit will be returned to the contractor after

(a) an unconditional and unequivocal `No claim certificate' is signed by the contractor and
submitted to the Railway Engineer.
(b) Certification by the contract signing authority but not less than the rank of a JA grade
officer (Concerned Sr.DEN in this case) for having completed the work satisfactorily.
5. PERFORMANCE GUARANTEE:
The procedure for obtaining performance guarantee is outlined below:-
(a) The successful bidder should give a performance guarantee amounting to 5% of the
contract value in any of the following forms:- .
(i) a deposit of cash
(ii) Irrevocable Bank guarantee.
(iii) Government Securities including State Loan Bonds at 5% below the market value.
(iv) Deposit receipts, pay orders, demand Drafts and guarantee Bonds. These
forms of Performance Guarantee could be either of the State Bank of India or
any of the Nationalized Banks.
(v) Guarantee Bonds executed or deposits receipts tendered by all Scheduled
Banks. (vi) a Deposit in the Post Office Saving Bank.
(vii) a Deposit in the National Savings Certificates.
(viii) Twelve years National Defence Certificates.
(ix) Ten years Defence Deposits.
(x) National Defence Bonds and
(xi) Unit Trust Certificates as 5 per cent below market value or at the face value whichever is
less. Also FDR in favour of Senior Finance Manager, Westren Railway, Rajkot. (free from any
encumbrance) may be accepted.
A performance Guarantee shall be submitted by the successful bidder after the letter of
acceptance has been issued but before signing of the agreement. The agreement should normally
b signed with 15 days after the issue LOA and the Performance Guarantee shall also be submitted
within this time limit. This guarantee shall be initially valid up to the stipulated date of completion
plus 60 days beyond that. In case the time for completion of work gets extended the contractor
shall get the validity of Performance guarantee extended to cover such extended time for
completion of work plus 60 days beyond that. In case the time for completion of work gets
extended the contractor shall get the validity of Performance Guarantee extended to cover such
extended time for completion of work plus 60 days.
(b) The Performance Guarantee (PG) shall be released after the physical completion of the
work based on the Completion Certificate issued by the competent authority stating that the
contractor has completed the work in all respects satisfactorily. The security deposit, however,
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shall be released only after the expiry of the maintenance period and after passing the final bill
based on ‘No Claim Certificate’.
(c) Wherever the contract is rescinded, the security deposit shall be forfeited and the
Performance guarantee shall be en-cashed and the balance work shall be got done independently
without risk and cost of the failed contractor. The failed contractor shall be debarred from
participating in the tender for executing the balance work. If the failed contractor is a JV or
partnership firm, then every member/ partner of such a firm shall be debarred from participating in
the tender for the balance work either in his/her individual capacity or as a partner of any other
JV/Partnership firm.
(d) The engineer shall not make a claim under the Performance guarantee except for amounts
to which the President of India entitled under the contract (not with standing and / or without
prejudice to any other provisions in the contract agreement) in the event of:
i) Failure by the contractor to extended the validity of the Performance guarantee as described
herein above, in which even the engineer may claim the full amount of the Performance guarantee.
ii) Failure by the contractor to pay President of India any amount due, either as agreed by the
contractor or determined under any of the clauses/ conditions of the agreement, within 30 days of
the service of notice t this effect by engineer.
iii) The contract being determined or rescinded under provision of the GCC the Performance
guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.
6. Renewal Of Deposits By Contractor:- The fixed deposit receipt submitted by the successful tender
as EMD will be converted into Security deposit and it shall be the responsibility of the tenderer to
advise, the Sr.Divisional Finance Manager, Rajkot for renewal and revalidation of the currency period
of the fixed deposit as required. Such advice by the Contractor shall be made well in advance so as to
reach
the Sr.Divisional Finance Manager, Mumbai Central not later than one month before the maturity of
the currency period. If the contractor, fails to do so, the loss of interest on the fixed deposits, if any
shall be solely on the contractor’s account and the railway shall not in any way be responsible for the
loss of interest suffered by the contractor.
7. Renewal of Bank Guarantee: - The Bank guarantee submitted towards performance Guarantee shall
be renewed from time to time as per the extension of contract granted to the contractor either on
Railway account or contractor account as otherwise the same will be deducted in full from the dues of
the contractor.
8. PLEA OF CUSTOM
The plea of custom prevailing will not on any account be permitted as an excuse for an infringement of
any of the conditions of the contract and/ or special conditions of contract.
9. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC

Railway will not be bound by Power of Attorney granted by the tenderer or by the changes in the
composition of the firm made subsequent to the execution of the contract. It may, however, recognise
such powers of attorney and changes after obtaining proper legal advice, the cost of which will be
chargeable to the contractor. These charges have been fixed at Rs. 100/- payable by the tenderer at the
time of submitting the power of attorney for scrutiny and legal advice.
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If the power of attorney is not accepted, otherwise than for legal defect, the charges will be refunded. If
the Power of attorney is returned on account of legal defect for correction, separate charges of Rs. 50/-
(Rupees Fifty only) for scrutiny of corrected power of attorney will be payable by the tenderer while
resubmitting power of attorney.
The same charges will be recoverable for scrutiny of all such documents.
No power of attorney in favour of any individual person will be acceptable if it is irrevocable except when
it is in favour of bank.
In case where the power of attorney/partnership deed has not been executed in Hindi or English, the
true and authenticated copies of the translation of the same by advocate, authorised translators of
Courts and Licensed petition writers should be supplied by the contractor (s) while tendering for the
work.
10. AGREEMENT : All expenses in drawing up the agreement and the cost of stamp duty if any shall be
borne by the Western Railway Administration.
11. CHANGE IN ADDRESS : Any change in the address of the contractor shall be forthwith intimated in
writing to the Railway. The Railway will not be responsible for any loss/ inconvenience suffered by the
Contractor on account of his failure to comply with this.
12. INCOME TAX CLEARANCE CERTIFICATE :- The tenderer(s) if possible should also submit along
with their offer an authorized copy of the Income tax clearance certificate or a sworn affidavit duly
countersigned by the income tax office to the effect that he has/they have no taxable income.
13. MEASUREMENTS : All measurements, method of measurement, meaning and intent of specifications
and interpretation of Special conditions of contract given and made by the Railway or by the Engineer
on behalf of the Railway shall be final and binding and shall be considered as “Excepted Matter” in
terms of condition No. 63 of General Conditions of contract.
14. ERRORS OMISSIONS AND DISCREPANCIES :

The tenderer/ contractor shall not take advantage of any misinterpretation of the conditions due to
typing or any other error and if any 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
misrepresentation shall be entertained.
15. DISSOLUTION OF CONTRACTOR’S FIRM : If the contractor’s firm is dissolved due to death or
retirement of any partner or for any reason before duly completing the work or any part of it undertaken
by the Principal Agreement, the partners shall remain jointly severally and personally liable to complete
the whole work to the satisfaction of the Railway and to pay compensation for loss, sustained if any, by
the Railway due to such dissolution. The amount of such compensation shall be decided by the
Engineer and his decision in the matter shall be final and binding on the Tenderer(s)/Contractor(s).
16. HANDING OVER WORK SITE : The site of work shall be handed over to the contractor free of
obstruction according to progress of work. Contractor however, shall not have any claim whatsoever
against the Railway for any delay in the execution of the work, on this account except for extension of
the completion period under the General Conditions of Contract.
17. OCCUPATION AND USE OF RAILWAY LAND : Use of Railway land required by the Contractor(s) for
constructing temporary offices, quarters, hutments, etc., for the staff and for storing materials, etc. will
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be permitted to him/them free by Railway, if available. The location of these offices, hutments, stores,
etc. will be subject to the approval of the engineer or his representative. The land will be restored to
railway by the contractor(s) in the same condition as and when taken over or in vacant condition as
desired by the engineer, after completion of the work or at any earlier day, as specified by the
Engineer. The failure to do so will make the contractor(s) liable to pay the cost incurred by the Railway
for getting possession of land.
18. NOTICE TO PUBLIC BODIES : The Contractor(s) shall give to the municipality, police and other
authorities all notices that may be required by law and obtain all requisite licenses for temporary
obstructions, enclosures and pay all fees, taxes and charge which may be leviable on account of
his/their operations in executing the Contract. He/they should make good any damage to adjoining
premises whether public or private and supply and maintain any lights, etc. required at night.
19. TRESPASS: The contractor shall at all times be fully responsible for any damage or trespass
committed by his agents or workmen in carrying out the work, even if such trespass is authorized by
the Engineer.
20. ACCESS TO WORK SITE : Contractor shall have acquainted himself with the availability of roads and
their condition for transportation of materials, machinery, etc. to the work sites.
21. NIGHT WORK : Further to the provisions in the General Conditions of Contract regarding execution
of work between sunset and sunrise, if the Railway is satisfied that the work is not likely to be
completed in time except by resorting to night work, by a special order the Contractor shall carry out
the work at night without conferring any right on the Contractor for claiming for extra payment for
introducing night working. The decision of the Engineer in this regard will be final and binding on the
Contractor.
22. PROCUREMENT OF MACHINERY BY CONTRACTOR : It is entirely contractor’s responsibility and
liability to find and procure all the machinery, tools and plants and their spare parts that are required in
connection with execution of work. Delay in procurement of such items due to their non-availability or
import difficulties or any other cause, whatsoever shall not be taken as an excuse for slow progress or
non-performance of the work.
23. HIRE OF PLANTS, MACHINERY AND OTHER FACILITIE S: The contractor shall make his
arrangements for all plants and machinery, equipment’s, including spare parts, fuel and consumable
stores and all labour required to ensure efficient and methodical execution of the works. The rates
quoted and accepted shall be deemed to be inclusive of all charges for such items.
Without any commitment on the part of the Railway to do so, on the contractors request, the Railway
may give on hire, plant and machinery, other facilities , equipments and tools if available separable
with the Railway. The hire charges for such equipment will be as determine by the Railway on the
terms and condition specified by the Railway.
The hire charges will be payable from the day the plant is handed over to the day it is returned to be
Railway Administration. The Contractors shall enter into a separate agreement with the Railway in this
respect and the terms and conditions as per the agreement will be final and binding on the
contractor.
In the event of a plant or equipment or facility given on hire to the Contractor not being returned to the
Railway in a reasonably good working order/depreciation that it would have suffered for the period of
hire, the Railway reserves right to recover 1.5 times the cost of procurement at the time issue or latest
procurement rate in the division which ever is higher increased by 7% freight & 12.5% supervision
charges .
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If, however, the plant and machinery/other facilities equipment’s and tools requisitioned by the
Contractor are not available in Railway stock or the Railway decides not to supply the same for
reasons whatsoever, neither the Railway shall be bound to arrange for the supply thereof nor will be
Railway's inability to supply them be accepted as an excuse for delay in the completion of the works/or
for any claims thereof.
24. DAMAGE BY ACCIDENT/ FLOOD/ TIDES OR NATURAL CALAMITIES : The Contractor shall take
all precautions against damages from accidents, floods tides or other natural occurrences. He shall
not be entitled to any compensation for his tools, plants, materials, machines and other equipment
lost or damaged by any cause whatsoever. The Contractor shall be liable to make good the damage
to any structure or part of a structure, plant or material of every description belonging to the Railway
covered under the Contract, lost or damaged by him due to any cause during the course of execution
of work. The Railway Administration will not be liable to pay the contractor any charge for rectification
or repair to any damage which may have occurred from any cause what so ever.
25. DRAWINGS:
25.1 Figures and dimensions on Drawings shall supersede measurements by scale and Drawing
to a large scale shall take precedence over those to a smaller scale. Special dimensions or
directions in the specifications shall supersedes all else.
25.2 The Railway reserves the right to alter/modify the drawings/designs to suit site conditions. If
due to changes in drawings or designs, there is any increase/decrees in quantities in the items of
schedule, payment shall be made only for the actual quantities executed at the accepted rates. If
there is sufficient ground for granting extension to the completion period on this account, the Railway
will consider such request on the merit of each individual case. Such circumstances shall in no way a
fact or vitiate the contract or alter the character thereof or entitle the contractor to damages or
compensation therefore.
26. SETTING OUT OF WORKS:

26.1 The Contractor shall be responsible for maintaining the accuracy of the alignment, positions,
levels and dimensions of the work in accordance with the drawings, directions or instructions given to
him from time to time and every facility shall be given to the Engineer and or his Representative for
checking of the same. The Contractor at his own cost shall rectify any error in the dimensions,
alignment positions or levels of work set out or constructed by him, to the satisfaction of the Engineer
or his Representative.
26.2 The work shall be set out by the contractor to the satisfaction of the Engineer or his
representative but his approval thereto shall not ,nor shall his joining with the Contractor in setting out
the work, relieve the Contractor from his entire and sole responsibility thereof.
26.3 Maintenance of Layout: The Contractor shall also provide, fix and be responsible for the
maintenance of all stakes, templates, profiles, levels, marks, points etc. and must take all necessary
precaution to prevent these being removed, altered or disturbed and will be held responsible for the
consequence of such removal, alterations or disturbances should the same take place and for their
efficient reinstatement.
27. SUPPLY OF MATERIALS BY RAILWAYS:

27.1 Railway’s materials such as cement, steel bars, coils, plates, tie bars, angles, channels, rails,
roofing materials, glazing or any other item as stipulated in the contract to be issued to the contractor
for the work either free of charge or on payment as the case may be, will be issued to him at the
Railway’s Depot nominated for the purpose and will have to be transported by the Contractor to the
site of work at his cost. Normally the material shall be supplied from the godown of respective
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supervisor incharge of the work. Railway’s obligation to supply materials under the Contract is
restricted only for permanent portion of work. The decision of the Engineer regarding what constitutes
a permanent portion of the work shall be final and conclusive. All such materials will be used by the
Contractor for the work in such quantities as indicated in the Schedule of items, Quantities & Rates or
in the relevant Specification or Drawings or as approved by the Engineer whose decision thereon shall
be final and conclusive.
27.2 Wastage of or damage to such materials in any manner shall be avoided. If any material issued
become surplus to the requirement and not returned in good condition immediately after completion of
the work or if any quantity of materials supplied by the Railway is consumed in excess or wasted or
damaged or lost or not satisfactorily accounted for recovery shall be made for this material from the
contractor towards the cost of material at double the cost of procurement at the time issue or latest
procurement rate in the division which ever is higher increased by 7% freight & 12.5% supervision
charges .
27.3 Maximum of percentage of cut pieces which can be returned by the contractor without any
deduction should not be more than 5% of the quantity issued when full length bars are supplied . Any
excess over this quantity of cut pieces, deduction at the rate of 50% of the recovery rate as worked out
in above sub para will be made.
27.4 In case the quantity of cement, steel or any other items issued by Railway and actually used in
the work is less than the quantity specified to be used, the cost of cement, steel or any other such
items not so used shall also be recovered from the contractor at the rate stipulated in above Clause.
This action will be without prejudice to the rights of the Railway to take action against the Contractor
under the Contract for not doing the work according to the prescribed specifications and approved
Drawing.
27.5 In case of excess usage of Railway materials than those prescribed in SOR/ Specifications in
tender documents/ works hand book part-III, recovery for excess usage of Railway materials be made
at double the cost of procurement at the time issue or latest procurement rate in the division which
ever is higher increased by 7% freight & 12.5% supervision charges .
28 PRODUCTION OF TEST CERTIFICATES : The contractor shall have to produce Test Certificates for
any items of material procured by him for use in the work as may be called for by the Engineer or his
representative to establish that the materials conform to the specification for the works. The Contractor
shall produce Test Certificates issued by an authority acceptable to the Engineer in regard to the
relevant properties of high tensile steel wires, reinforcement steel or structural steel (as supplied and
used by the Contractor) including the country name of manufacturer) .
29 RATES:
29.1 The rates entered in the accepted Schedule of Quantities and Rates, are intended to provide for
works duly and properly completed as per contract conditions and specifications for the whole of the
work as described under Scope and Details of work.
29.2 The contractor should note that the rates quoted shall accept as otherwise provided in contact
embrace all operations necessary for the satisfactory completion of the work to finish and shall include
all charges for handling, loading, transport, lead, lift, labour housing, sanitation, materials, machinery,
tools and plants, fuel, electric power, workshop facilities, security, lighting etc. all other expenses of
every kind.
29.3 The rates as given for the different items of work are deemed to be workable rates for the
respective item of work without being dependent in any manner whatsoever on the quantity specified
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against the concerned item of work or on the rates and quantity specified for any other item of work in
Schedule of Quantities and Rates, part of the tender documents.
29.4 The rates quoted shall take into account the precautions and special arrangements necessary for
execution of works under traffic conditions, with least disruption to traffic. No extra payment shall be
admissible on this account under any circumstances. Railway will however, arrange for blocks of traffic
during work only to the extent as considered sufficient for the works by the Railways. The Contractor
will not be entitled for any compensation, if there be any delay in arranging these blocks or the block
period be of shorter duration as considered by the Contractor.
29.5 Service Roads: The contractor will be permitted to make use of the service roads already existing
in possession of the Railway. If construction of any additional roads within Railway premises is
considered necessary and agreed to at contractors request ,the contractor will be required to make
them at his own cost and maintain them till the work is completed. Contractor shall construct any
service roads, required outside the Railway boundary, at his own cost. Railway reserves the right to
make use of service roads, made by the contractor, as and when necessary without any additional
payment to the contractor. Any damages caused to the existing roads, due to use by contractor, shall
have to be made good by the contractor, at his own cost.
30 PAYMENT OF ROYALTY CHARGES : All taxes, royalty charges, etc. of whatever nature in connection
with the work including extraction and supply of rubble stone/stone ballast/sand/moorum/earth or
any other material used on the work shall have to be borne by the Contractor.
31 ROYALTIES AND PATENT RIGHTS:

31.1 The Contractor shall defray the cost of all royalties, fees and other payments in respect of patents,
patent rights and licenses which may be payable to patentee, licensee or other person or corporation
and shall obtain all necessary licenses.
31.2 The contractor shall indemnify, the Railway or any agent, servant or employee of the Railway
against any action, claim or proceedings relating to infringement use of any patent or design any
alleged patent or design rights and shall pay any royalties or other charges which may be payable in
respect of any articles or materials or part thereof included in the contract. In the event of any claim
being made or action being brought against the Railway or any agent, servant or employee of the
Railway in respect of any such matters , as aforesaid, The contractor shall indemnify notified thereof.
Provided that such indemnify shall not apply when such infringement has taken place in complying with
the specific direction issued by the Railway but the contractor shall pay any royalties or other charges
payable in respect of any such use.
32 EMPLOYMENT OF CIVIL ENGINEERING GRADUATE AND DIPLOMA HOLDERS:
32.1 The contractor shall employ the Engineer/Diploma holder, retired P.way/works supervisor/officer
as under. One Graduate Engineer when the cost of the work to be executed is Rs.50 Lakhs and
above.
1. Works cosing up to25 lakhs : One engineer/Supervisor.
2. Works costing more than 25 lakhs and up to 75 lakhs: Two Engineers/Supervisors.
3. Works costing more than 75 lakhs: three Engineer/Technical supervisors.
The contractor would be required to furnish the name,with complete bio-data including the work
experience of the Engineer/Supervisor to the Divisional/Executive Engineer in charge of work. For his
approval. The technical supervisor given above shall be available at site during the execution of the
work to ensure quality, quantity of work as also ensure safety at work site and that of the workers and
whenever required by the Engineer in charge to take instructions. In case the contractor fails to
employ the technical supervisor as aforesaid, a sum of Rs. 10,000/- per Engineer/Supervisor per
month will be recovered from the contractor’s dues . The decision of Engineer-in – charge as to
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the period for which the required technical supervisor was not employed by the contractor and as to
the reasonableness of amount thereof to be deducted on this account shall be final and binding on
contractor. The Assistant Engineer shall record in the measurement book in each running bill/final bill,
the certificate to the effect that the contractor has employed the requisite technical Engineer/supervisor
as per the norms stipulated in the contract and for his/their absence necessary recovery has been
made from the contractor’s bill.
32.2 If the contractor fails to appoint a suitable agent as directed by the Railway Engineer, the latter
shall have full power to suspend the execution of works, until such date a suitable agent is appointed
and the contractor shall be held responsible for the delay so caused to this works. The successful
tenderer shall state the name of the technical supervisor along with him technical qualification, while it
may not be necessary for the technical supervisor to reside at site, he should be available at the site of
work during the working part of the day. Normally no change in the technical personnel during the
period of construction would be acceptable to the Railway except under very special circumstances.
The Railway reserves the right to stop the work in case the technical supervisor of tenderer is not
available.
33 COMPLETION CERTIFICATE :
33.1 The work shall not be considered to have been completed in accordance with the terms of
contract, until the Engineer incharge shall have issued a certificate in writing to that effect. No approval
of materials or workmanship or approval of any kind of work during progress or execution shall bind the
Engineer incharge or in any way prevent him from rejecting whole or a part of the work. The Engineer
incharge may with hold the issuance of the completion certificate, till such time such alteration
modifications and / or reconstruction have been carried out ordered by him. All such alterations,
modifications and / or reconstruction shall be carried out by the contractor at his own cost.
33.2 After the work is completed, the contractor/s shall give notice of such completion to the Engineer-
in-charge and on receipt of such notice the Engineer-in-charge shall have the work inspected and if
there is no defect in the works ,shall furnish the contractor/s with a certificate indicating the date of
completion. However, if there are any defects which in the opinion of the Engineer-in-charge are
rectifiable he shall inform the contractor/s the defects noticed. The contractor/s after rectification of
such defects shall notify the Engineer-in-charge and then the Engineer-in-charge on his part shall have
it inspected again and issue the necessary completion certificate if the defects are rectified to his
satisfaction, and if not be shall inform the contractor/s indicating defects yet to be rectified. The time
cycle as above, shall continue.
33.3 In case defects noticed by the Engineer-in-charge, or representative which in his opinion are not
rectifiable but otherwise acceptable at reduced payment, work shall be treated as completed. In such
case completion certificate shall be issued by the Engineer-in-charge within 30 days indicating the
unrectifiable defects for which specified reduction in payment is being made by him.
34 DEDUCTION FOR TAXES:
34.1 In respect of works, the contract value of which is more than Rs. 5000/- each, a deduction of 2%
on the gross payment from each of the contractor’s bills shall be made in terms of Section 194 (c) of
the Income Tax Act of 1961. Surcharge on Income Tax if applicable will also be deducted as per the
prevailing rates.
34.2 The Railway will deduct sales tax if leviable in a particular state where the work is going on, the
gross amount of each bill while making payment to the contractor(s). The recovery shall be governed
as per the guide lines & rates prescribed by the concerned State Government..
34.3 All taxes as prescribed by Central or State Government from time to time shall be applicable.
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The contractor shall be fully responsible for payments of all such taxes without any liability of Railway
administration. Deductions towards such taxes shall be made from the payments of the contractor
in accordance with rules in force from time to time.
35 EXCISE DUTY OR ANY OTHER TAXES/DUTIES : The contractor shall bear full excise duty, sales tax
and / or any other taxes/ duties levied by State Government and / or Central Government/Local bodies
from time to time. This would be entirely a matter between the contractor and the State / Central
Government./Local bodies. No claim, what so ever, on this account shall be entertained by Railways.
36 ROAD TAX CHARGES : Road Tax/Charges levied by Government for movement of vehicles of
contractor, used in transportation, shall be borne by the contractor and no re-imbursement on this
account will be made by the Railways.
37 FOREIGN EXCHANGE REQUIREMENTS : Any demand of foreign exchange for importing of

equipments and materials shall not be accepted.
38 SUPPLY OF WATER
38.1 The contractor shall be responsible for the arrangements to obtain water necessary for his
laborers engaged in execution of work. No arrangement will be made by the Railway Administration for
supplying water to the contractor either for drinking purpose or execution of work. Rates quoted shall
include the cost of arranging water with all lead and lift.
38.2 Water available locally in wells, creeks or nallahs may be brackish water at some locations. It
should be noted that the brackish water shall not be used in all classes of masonry, reinforced and
plain cement concrete work. In addition, water used for the above works shall be free from earthy,
vegetable or organic matter, oils, acids and alkaline substances in solution or in suspension and
impurities and shall be fit for drinking. Contractor shall have to arrange the suitable for successful
execution of the work.
39 SUPPLY OF ELECTRICITY :
39.1 The contractor has to make his own arrangements with the local Electricity body for power supply
required for carrying out the work including lighting arrangements. The work may be required to be
carried out round the clock, if it is considered necessary by Engineer due either to requirement of the
work or for speeding up the progress of the work so as to adhere to the target date of completion of all
the items of the work.
39.2 The Contractor should also keep sufficient standby generators ready so that the progress of work
is not affected or stopped in the event of interruption in the power supply due to power cut or any other
failure. All these arrangements at site including those required for lighting will have to be done by the
Contractor at his own cost. The rates quoted by the Contractor shall be deemed to include cost of
providing all the above arrangements including standby generators. The Contractor shall however,
be responsible for ensuring that none of the statutory labours laws or electricity acts are infringed.
40 EMERGENCY WORKS : In the event of any accident or failure occurring in the execution of work/
arising out of it which in the opinion of the Engineer requires immediate attention, the Railway may
bring its own workmen or other agency/agencies to execute or partly execute the necessary work or
carry out repairs if the Engineer-in-charge considers that the contractor(s) is/are not in a position to do
so in time without giving any notice and charge the cost thereof, to be determined by the Engineer-in-
charge, to the contractor.
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41 ENGAGING LOCAL LABOUR : The contractor shall engage local labour for unskilled works, as far as
practicable.
42 ANTI-LARVAL WORKS : During the execution of the works against this contract the contractors shall
be responsible for anti-larval work at his/their own cost.
43 NON-ITEMIZED WORKS : Where items not covered by the schedules are to be executed the rates for
such non-itemised works shall be negotiated before the commencement of such work or got executed
through any other agency at the discretion of the Railway Administration.
44 TIME IS THE ESSENCE OF CONTRACT : Time being the essence of contract all the works are
required to be completed in all respect as stipulated by the Railway within the completion date.
Progress shall be maintained strictly in accordance with program given by the Engineer-in-charge from
time to time.
45 LEAD AND LIFT ON RAILWAY/CONTRACTOR’S MATERIALS : Unless otherwise specified, no lead

and lift for the contractor’s material is payable for the works executed under this contract though there
are separate SOR items for the same.
46 CUTTING/UP ROOTING OF TREES : No extra rate shall be paid for cutting or up-rooting trees but the
contractor would be authorized to take away the tree observing the forest laws of the land.
47 ACCEPTED RATES : The rates quoted by tenderer and accepted by the Railway Administration shall
hold good till the completion of the work and no additional, individual claim shall be admissible on
account of fluctuation in market rates, increase in taxes any other levies/tolls etc.
48 OBSERVANCE OF BONDED LABOUR SYSTEM (ABOLITION ORDINANCE ACT, 1975) : The

“Bonded Labour System (Abolition Ordinance, 1975)” would apply to the present contract. The
contractors shall duly observe the provisions thereof.
49. SAFE METHODS:

49.1 The Contractor shall at all times, adopt such safe methods of working as will ensure safety of
structures, equipment and labour. Safety rules that should be adhered to are given as guidelines in
Annexure C. If at any time, the Railway finds the safety arrangements inadequate or method of
working unsafe, the Contractor shall take immediate corrective actions as directed by the Engineer's
representative. Any directions in the matter shall in no way absolve the Contractor of his sole
responsibility to adopt safe working methods. The Contractor is responsible for providing skilled
personnel and adequate expert supervision so as to ensure complete safety.
49.2 It is the responsibility of the Contractor to ensure safe loading, transportation and unloading of
materials and equipment etc. Any loss or damage caused to adjacent Railway property will have to be
made good by the contractor at his/their own cost, failing which recoveries shall be effected from the
running bill of the contractor as per the Clause No. 13(iii) of the General Conditions of Contract.
49.3 The liability arising out of accidents, if any, to persons will be met by the contractors and the
Railway will not be responsible for any damage or compensation thereof. The contractor shall follow
the provisions laid down in Contract Labour Act, 1972.
49.4 The contractor shall be entirely responsible for ensuring safety of his labour, vehicles, plant or
equipment while working along or near the track and highways and shall programme his working so as
not to interfere with the movement of trains and road traffic. No extra payment shall be allowed to the
contractor for all safety precautions to be observed during the executionof the work. The cost of all
such precautions shall be deemed to be included in the rates for all items of the schedule.
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50. PROGRAMME AND COMPLETION PERIOD :
50.1 Since, time is the essence of the contract, the tenderer shall note than in the event of his tender
being accepted he should be in a position to commence the work immediately and shall complete the
same in all respect within the completion period mentioned in the tender documents from the date of
issue of acceptance letter whatever be the date of execution of work order or agreement.
50.2 It shall be obligatory for the tenderer to submit his programme of work and time schedule as to
how he proposed to complete the work within stipulated time.
50.3 Within 10 days of the acceptance of the tender and before the work is commenced, the contractor
shall have to submit a detailed programme for each major element of the work for approval of the
Engineer. The programme shall clearly provide for and indicate the time required for the preliminaries
before starting the work and shall indicate the dates of commencement and completion of the various
sections of the work.
50.4 The agreement or the approval of the programme by the Engineer shall not relieve the contractor
of any of his responsibilities to complete the whole by the prescribed time.
50.5 If the work does not commence within specified date of starting or if at the subsequent time the
rate of execution falls below the specific programme as indicated above, the Railway Administration
will have the power to determine the end of the contract at any stage without incurring any liability on
the part of the Railway Administration for any sort of compensation for the money invested by the
contractor (s) or the loss incurred by him/them due to such termination of the contract. In all cases of
incomplete work, either by termination of contract by the Railway Administration under consideration
stated above or due to failure on the part of contractor(s) to complete the work within stipulated date of
completion of Agreement the Railway shall be entitled to :-
i) Forfeit the whole of such portion of the security deposit as it may consider
ii) Encash the bank guarantee furnished as Performance Guarantee.
iii) Execute the balance work independently without risk and cost of the original contractor. The original
contractor however will be debarred from participating in the tender for executing the balance work.
In case the failed contractor is a Joint Venture or a partnership firm , then each member / partner of
such firm would be debarred from participating in the tender for the balance work either in his/her
individual capacity or as a partner of any other Joint venture/ partnership firm. The contractor cannot
make any legal claims against the same.
51. PROGRESS OF WORK :

51.1 The contractor shall submit to the Engineer a monthly report giving progress of works by the third
of the following month.
51.2 It shall be ensured that the works are carried out according to the agreed programme and no
change are made except with the prior approval or at the instance of the Engineer.
52. MAINTENANCE PERIOD:

52.1 The tenderer/s shall be required to maintain the work effectively for a period of 06 months from
the date of completion as per Clause No.47 of the General Conditions of Contract of Western Railway
and bank guarantee for performance guarantee will not be released until maintenance period is
completed.
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52.2 However, for a zonal work, the maintenance period shall be Six months for each work order.
52.3 To cover up monsoon period, the maintenance period will be extended in cases when required
and contractoshall remain responsible for maintenance for this extended period also. The contractor
shall make good and remedy at his own expense within such period as may be stipulated by the
Engineer, any defect which may develop or may be before the expiry of this period and intimation of
which has been sent to the contractor within seven days of the expiry of the said period by a letter, sent
by hand deliveryor by registered post. In case the contractor fails to make adequatearrangements to
rectify the defects within seven days of the receipt of such notices, the Engineer without further notice
may make his own arrangement to rectify the defects and the cost of such rectification shall be
recovered from the Security Deposit of the contractor or from any other money due to the contractor
under this or any other contract.
53. VARIATION IN QUANTITIES:
(i) Individual NS items in contracts shall be operated with variation of plus or Minus 25% and
payment would be made as per the agreement rate. For this, no finance concurrence would be
required.
(ii) In case of increase in quantity of an individual item by more than 25% of the agreement
quantity is considered as unavoidable, the same shall be got executed by floating a fresh
tender. If floating a fresh tender is considered not practicable, negotiations may be held with
the existing contractor for arriving at reasonable rates for additional quantities in excess of
125% of agreement quantity.
(iii) The limit for varying quantities for minor value items shall be 100% ( as against 25%
prescribed for other items) . A minor value item for this purpose is defined as an item whose
original agreement value is less than 1% of the total original agreement value.
(iv) No such quantity variation limit shall apply for foundation items.
(v) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR
schedule as a whole and not on individual SOR items. However, in case of NS items, the limit
of 25% would apply on the individual items irrespective of manner of quoting the rate ( single
percentage rate or individual item rate).
54. RESTRICTIONS ON ARBITRATION CLAUSES:

54.1 The provisions of the Clauses 63 and 64 of General Conditions of Contract will be applicable
only for settlement of claims or disputes between the parties for value less than or equal to 20% of
the value of the contract. When claims or disputes are of value more than 20% of the value of the
contract, provisions of clauses 63 and 64 and other relevant clauses of General Conditions of
Contract will not be remedy for settlement of such disputes.
54.2 The contractor shall not be entitled to ask for reference to arbitration before the completion of
the work assigned to him under this contract.
54.3 The contractor shall seek reference to arbitration to settle the disputes only once within the
ambit of the above conditions.
54.4 These special conditions shall prevail over existing clauses 63 and 64 of General Conditions of
Contract.
55. JURISDICTION OF COURTS : If any dispute arises between the parties with respect to this contract,
any application or suit shall be instituted only in the court within the local limits of whose jurisdiction,
the Western Railway Divisional Headquarters Office is situated and both the parties shall be bound by
this clause.
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56. INSPECTION REGISTER AND RECORDS :
56.1 The Contractor/s shall maintain accurate records, plans and charts showing the dates and
progress of all main operations and the Engineer shall have access to this information at all
reasonable times. Records of tests made shall be handed over to the Engineer/s representative after
carrying out the tests. The following registers will be maintained at site by the Contractor/s.
56.2 Site Order Register: The Contractor/s shall promptly acknowledge by putting his signature in the
site order against any order given therein by the Engineer or his representative or his superior
officers and comply with them. The Compliance shall be reported by the Contractor/s to the Engineer
in good time so that it can be checked.
56.3 Labour Register: This register will be maintained to show daily strength of labour in different
categories employed by the Contractor/s.
56.4 LOG book of events: All events are required to be chronologically logged in this book shift wise
and date wise.
56.5 Cement & steel registers shall be maintained by the contractor
56.6 Any other register considered necessary by the Engineer, shall be maintained at site in which
the representative of the Engineer and the Contractor will have to sign. The register proforma, charts,
etc. will be property of the Railway.
57. PRICE VARIATION CLAUSE:
57.1 Price variation clause (PVC) shall be applicable for tenders of value more than Rs. 50 lakhs
irrespective of the contract completion period and PVC shall not be applicable to tenders of value less
than Rs. 50 lakhs.
57.2 No cognizance shall be given for any sort of fluctuation in taxes and other market conditions etc.
for any individual item for the purpose of making adjustment in payments. The contract shall
however, be overned by the General price variation clause as under, in case the same is applicable
in terms of clause 55.1 above.
57.3 The rates quoted by tenderer and accepted by the Railway Administration shall hold good till
the completion of the work and no additional, individual claim shall be admissible on account of
fluctuation in market rates, increase in taxes/any other levies/tools etc. except that payment/recovery
for overall market situation shall be made as per price variation clause given below:
57.4 Adjustment for variation in prices of materials, labour, fuel, explosives/detonators shall be
determined in the manner prescribed below.
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The percentages of various components in a contract on which variation in prices shall be admissible
are as under :
Component Earth work Ballast and Tinneling Other works contracts

contracts Quarry contracts
(Formula as Products (Formula as
per para contract per para
57.5) (Formula as 57.5)
per para
57.5)
For components For other
of Cement & componenets
Steel (Formula (Other than
as per para Cement & Steel)
57.5) (Formula as per
para 57.5)
Materials 15% 15% 5% 100% 25%
Labour 50% 55% 45% 0% 30%
Fuel 20% 15% 15% 0% 15%
Explosives 0% 0% 15% 0% 0%
Detonators 0% 0% 5% 0% 0%
Fixed 15% 15% 15% 0% 30%
Components
Total 100% 100% 100% 100% 100%
57.5 Formula for Price Variation Clause

a) If, in any case, the accepted offer includes some specific, payment to be made to consultants or
some materials supplied by Railway at fixed rate, such payments should be excluded from the gross
values of the work for purpose of payment/recovery of variations. In case of Other Works Contracts,
the material cost of Cement and Steel shall also be excluded from the gross value of the work for
the purpose of Payment / Recovery of variation as price escalation for Cement and Steel are paid
separately vide Para 57.6.
b) The amount of variation in prices in the several components (labour, material etc.) shall be
worked out by the following formula :
i) L= R x (I - Io) x P
Io 100
ii) M = R x (W – Wo) x Q
Wo 100
iii) U = R x (F – Fo) x Z
Fo 100
iv) X = R x (E – Eo) x S
Eo 100
v) N = R x (D – Do) x T
Do 100
L - Amount of price variation in labour.
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M - Amount of price variation in material.
U - Amount of price variation in fuel.
X - Amount of price variation in explosives.
N - Amount of price variation in Detonators.
R - Gross value of the work done by the contractor as per on account bill(s) Excluding cost of
materials supplied by Railway at fixed price. This will also exclude specific payment, if any, to be
made to consultants by the contractor(s) (such payment will be indicated in the contractor(s) offer).
Io - Consumer price index number for industrial workers, all India, published in RBI Bulletin for the
base period.
I - Consumer price index number for industrial workers, all India, published in RBI Bulletin for the
First month of the quarter under consideration.
Wo- Index Number of wholesale prices, by Groups and sub-group, all commodities – as published
in the RBI Bulletin for the base period.
W - Index number of wholesale prices – By groups and sub-groups – All commodities - as
published in the RBI Bulletin for the First month of the Quarter under consideration.
Fo - Index number if wholesale price – By Groups and sub-Groups for Fuel, Power, Light and
Lubricants as published in the RBI Bulletin for the base period.
F - Index number if whole sale price – By Groups and sub-Groups – for Fuel, power, Light and
Lubricants as published in the RBI Bulletin for the First month of the quarter under consideration.
Eo - Cost of explosives as fixed by DGS and D in the relevant rate contract of the firm from whom
purchase of explosives are made by the contractor for the base period.
E - Cost of explosives as fixed by DGS and D in the relevant rate contract of the firm from whom
purchase of explosives are made by the contractor for the First month of the quarter under
consideration.
Do - Cost of detonators as fixed by DGS and D in the relevant rate contract of the firm from whom
purchases of detonators are made by the contractor for the base period.
D - Cost of detonators as fixed by DGS and D in the relevant rate contract of the firm whom
purchase of detonators are made by the contractor for the first month of the quarter under
consideration.
P - Percentage of Labour component.
Q - Percentage of Material component.
Z - Percentage of Fuel component.
S - Percentage of explosive component.
T - Percentage of Detonators component.
NOTE: The index number for the base period will be the index number as obtained for the month of
opening of the tender and the quarter will commence fromthe month following the month of opening of
tender. In case negotiations forrates were conducted at the tender stage, date of conducting the
negotiations would be taken to be the date of opening for the purpose of this clause.
57.6 THE PRICE VARIATION CLAUSE FOR CEMENT AND STEEL

(A) Cement
Prices of Cement is to be linked with the Wholesale Price Index of the respective subgroups as per
RBI Index Numbers. Henceforth, the formula for calculating the amount of variation on account of
variation in prices of Cement would be as indicated below.
Mc= R x (Wc-Wco) / Wco
Where
Mc= Amount of price variation in material (Cement).
R = Value of Cement supplied by Contractor as per on account bill in the quarter under
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consideration.
Wco= Index No. of Wholesale Price of sub-group (of Cement) as published in RBI Bulletin for
the base period.
Wc = Index No. of wholesale price of subgroup (of Cement) as published in RBI bulletin for the
first month of the quarter under Consideration.
B) STEEL
A price of Steel is based on SAIL’s ex-works price plus Excise Duty thereof. Henceforth, the formula
for calculating the amount of variation on account of variation in prices of Steel would be as indicated
below.
Ms = Q (Bs-Bso) Where
Ms = Amount of price variation in steel payable/recoverable
Q = Weight of steel in tones supplied by the contractor as per the on account bill for the month
under consideration.
Bs = SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per
tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the
month in which the steel was purchased by the contractor (or) as prevailing on the first day of the
month in which steel was brought to the site by the contractor whichever is lower.
Bso = SAIL’s ex-works price plus Excise Duty thereof (in rupees per tonne) for
the relevant category of steel supplied by the contractor as prevailing on the first day of the month in
which the tender was opened.
NOTE:
(i) Relevant categories of steel for the purpose of operating the above price variation formula based on
SAIL’s ex-works price plus Excise Duty thereof are as under:
Sr Category of steel supplied Category of steel produced by SAIL whose ex-

No. in the railway work. works price plus Excise Duty thereof would be
adopted to determine price variation.
1 Reinforcement bars and other TMT 8mm IS 1786 FE 415/Fe500 (Amended as per
rounds. Railway Board ‘s letter No. 2008/CE-1/CT/Con/7
(PCE/GM) dtd. 15.12.08).
2 All types and sizes of angles. Angle 65 x 65 x 6 mm IS 2062 E250A SK
3 All types and sizes of plates PM Plates above 10-20 mm IS 2062 E250A SK
4 All types and sizes of channels and Channel 200 x 75 mm IS 2062E250A SK
joists
5 Any other section of steel not Average of price for the 3 categories covered under
covered in the above categories and sr no. 1,2,3 above
excluding HTS.
57.7 The demands for escalation of the cost will be allowed on the basis of provisional indices made
available by the Reserve Bank of India. Any adjustment, required to be done, based on the finally
published indices will be made as and when become available.
57.8 The adjustment for variation in prices, if required shall be made once every quarter in the on
account payments. If more than one on account payment is made to the contractor in a quarter the
adjustment, if required, shall be made in each bill.
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57.8.1 The fixed component of the contract value calculated based on the relevant schedule will be
15% of the value of the schedule. No escalation is permissible on the above mentioned fixed
component.
57.8.2 Price variation shall not be paid for the extensions of periods completion granted under any
clause of General Condition of Contract.
58. USE OF CONTRACTOR'S VEHICLE & EQUIPMENTS BY THE RAILWAY DURING

EMERGENCIES
All the available vehicles and equipments of the contractor can be drafted by the Railway
Administration in case of accidents/natural calamities involving human lives. The payment for such
drafting shall be made according to the rates as shall be fixed by the Engineer. However, if the
contractor is not satisfied with the decision of the Engineer in this respect he may appeal to the Chief
Engineer within 30 days of getting the decision of the Engineer, supported by analysis of the rates
claimed. The Chief Engineer’s decision after hearing both the parties in the matter would be final and
binding on the contractor and the Railway”.
59. SEASON TICKETS FOR THE LABOURERS OF CONTRACTOR IN MUMBAI AREA
The contractor will pay and purchase season tickets/ticket for the labourer/s for traveling by train from
place of living to place of work and back on Mumbai area as per Railway’s extant rule.
60. NONCOMPLAIANCE WITH INSTRUCTIONS/DIRECTIVES OF ENGINEER’S REPRESENTATIVE.
The contractor shall always comply with the instructions/directives issued by the Engineer’s
representative from time to time. In event of any non-compliance with such instructions/directives,
apart from and in addition to other remedies available to the Railway. The Engineer’s representative
may employ Railway’s workmen with necessary equipments and recover cost of such deployment at
the rate of Rs. 20 per man hour employed by the Railway irrespective of the type & grade of the
Railway employee in addition to the hire charges for the equipments used. The decision of the Railway
Engineer in this regard will be inal & binding upon the contractor.
61. PERSISTANT NON-COMPLAIANCE OF INSTRUCTIONS/DIRECTIVES OF ENGINEER’S
REPRESENTATIVE.
If the contractor does not comply with the instructions/directives of the Engineer’s representative, apart
from and in addition to other remedies available to the Railway and without prejudice to the Railway’s
rights in this regard, the Engineer’s representative (which for the purpose of this clause shall exclude
the Sectional Engineer) can suspend the contractor’s work till the Engineer’s representative is satisfied
that the contractor is in a position/will comply with the instructions/directives issued by the Engineer’s
representative. The decision of the Railway Engineer’s representative in this regard will be final and
binding upon the contract. The contractor shall not have any claim what so ever against the Railway for
such short/long term suspension of the contract work. During the period of suspension, the contractor
shall not in any manner attempt to carry out the work at works site. Any such attempt by contractor will
be deemed to be an unauthorized work and contractor will be liable for further action under the
relevant provisions of the “Indian Railway Act”.
62. CLEARANCE OF DEBRIS FROM SITE OF WORK
Debris, earth etc.. in works site shall be removed from the site of work and taken away out of Railway’s
land limit by the contractor at his/their own cost progressively as instructed by the Railway Engineer or
his representative. Penalty for non compliance will be made at 50% of the previous accepted rates per
cum for quantity not removed as assessed by the Railway Engineer or his representative (which will be
final & binding upon the contractor) from each running bill. The rate of recovery as decided by the
Railway Engineer will also be final & binding upon the contractor. Penalty recovered will not absolve
the contractor from not removing the debris/earth and has to be removed by the contractor at his/their
own cost failing which Railway will be at liberty to carry out the work departmentally or through any
other agency and recover 1.5 times the cost incurred by the Railway for the removal which will be in
addition to penalty imposed. However if payments are being made for dismantling works and separate
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item of removal of debris is available in the contract, the extant of payment that will be made in the NS
item of removal of debris will be limited to the dismantling quantities. However if no item is available in
the contract for removal of debris, the rate quoted by contractor will be deemed to be inclusive of cost
of removal of debris and nothing what so ever will be paid extra.
Debris to be disposed from upper floors shall be brought down by head leading or through hoists
installed by contractor and shall not be thrown from above the floors to the ground below.
63. AMENDMENT TO PARA 62 OF GCC.
Para 63.1- No change in clauses (i) to (xiii) and in para (xiii) (A) and (B) sub clauses (a) to (e). The
para after (e) may be read as under.
Then and in any of the said cases, the Engineer on behalf of the Railway may serve he Contractor with
a notice (Performa at Annexure-III) in writing to that effect and if the contractor does not within seven
days after the delivery to him of such notice proceed to make good his default in so far as the same is
capable of being made good and carry on the work or comply with such directions as aforesaid to the
entire satisfaction of the engineer, the railway shall be entitled after giving 48 hour notice ( Performa at
Anexure (IV) in writing under the hand of the engineer to rescind the contract as a whole or in part or
parts (as may be specified in such notice). The sentence “ and adopt either or both of the following
courses read with provision (x) and (y) stands deleted.
Para 63.2 :- No change in sub clauses (a) and (b). The following line should be added at the end of
subclause (2) (c). The legitimate amount due to the contractor after making necessary deductions and
certified by the engineer should be released expeditiously. Sub Clause (d) stands deleted.
Para 63.3 AMENDMENT TO PARA 17(b) OF GCC

The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for
delay in completion of work. It has now been decided that competent uthority while granting extension
to the currency of the contract under clause 17(B) of GCC may also consider levy of token penalty
as deemed fit based on the merit of the case.
64. Arbitration clause under para 63 & 64 of GCC amended vide correction slip No.3 is reproduced below
:-
CLAUSE 63 & 64 OF GENERAL CONDITIONS OF CONTRACT (GCC) BEEN REVISED IN VIEW
OF THE PROMULGATION OF THE ARBITRATION CONCILIATION ORIDINANCE 1996.REVISED
ARBITRATION CLAUSE IS AS FOLLOWS: -
63. Matters finally determined by the Railway – All disputes and differences of any kind whatsoever
arising out of or in connection with the contract, whether during the progress of the work or after its
completion and whether before or after the determination of the contract, shall be referred by the
contractor to the GM and the GM shall within 120 days after receipt of the contractor’s representation
make and notify decisions on all matters referred to by the contractor in writing provided that matters
for which provision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1),
61(2) and 62(1) to (xiii) (B) of General Conditions of contract or in any clause of the special conditions
of the contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decisions of the
Railway authority, thereon shall be final and binding on the contractor; provided further that ‘excepted
matters’ shall stand specifically excluded from the purview of the arbitration clause.
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64 (1) (i) - Demand for Arbitration
In the event of any dispute or difference between the parties hereto as to the construction or operation
of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute
or difference on any account or as to the withholding by the Railway of any certificate to which the
contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then
and in any such case, but except in any of the “excepted matters” referred to in Clause 63 of these
conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on
disputed matters shall demand in writing that the dispute or difference be referred to arbitration.
64 (1) (ii) - The demand for arbitration shall specify the matters which are in question, or subject of the
dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in
respect of which the demand has been made, together with counter claims or set off, given by the
Railway , shall be referred to arbitration and other matters shall not be included in the reference.
64 (1) (ii) - (a) The Arbitration proceedings shall be assumed to have commenced from the day, a
written and valid demand for arbitration is received by the Railway. (b) The claimant shall submit his
claim stating the facts supporting the claims along with all the relevant documents and the relief or
remedy sought against each claim within a period of 30 days from the date of appointment of the
Arbitral Tribunal. (c) The Railway shall submit its defence statement and counter claim(s), if any, within
a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension
has been granted by Tribunal. (d) The place of arbitration would be within the geographical limits of the
Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway
or any other place with the written consent of both the parties.
64 (1) (iii) - No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defense thereof during the course of arbitration proceedings
subject to acceptance by Tribunal having due regard to the delay in making it.
64 (1) (iv) - If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a
period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment,
he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and
released of all liabilities under the contract in respect of these claims.
64 (2) - Obligation During Pendancy of Arbitration - Work under the contract shall, unless
otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due
or payable by the Railway shall be withheld on account of such proceedings, provided, however, it
shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue
during arbitration proceedings.
64 (3) (a) (i) - In cases where the total value of all claims in question added together does not exceed
Rs.10,00,000/- (Rupees ten lakhs only), the Arbitral tribunal shall consist of a sole arbitrator who shall
be a gazetted officer of Railway not below JA grade, nominated by the General Manager. The sole
arbitrator shall be appointed within 60 days from the day when a written and valid demand for
arbitration is received by GM.
64 (3) (a) (ii) - In cases not covered by the clause 64(3) (a)(i), the Arbitral Tribunal shall consist of a
Panel of three Gazetted Rly. Officers not below JA grade or 2 Railway Gazetted Officers not below JA
Grade and a retired Railway Officer, retired not below the rank of SAG Officer , as the arbitrators. For
this purpose, the Railway will send a panel of more than 3 names of Gazetted Rly. Officers of one or
more departments of the Rly. which may also include the name(s) of retired Railway Officer(s)
empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written
and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General
Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days
from the date of dispatch of the request by Railway. The General Manager shall appoint at least one
out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of
arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from
amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral
Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the
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arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer
of Selection Grade of the Accounts Department shall be considered of equal status to the officers in
SA grade of other departments of the Railway for the purpose of appointment of arbitrator.
64 (3) (a) (iii) - If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to
perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General
Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators
to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been
appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the
stage at which it was left by the previous arbitrator (s).
64 (3) (a) (iv) - The arbitral Tribunal shall have power to call for such evidence by way of affidavits or
otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do
or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the
award without any delay. The Arbitral Tribunal should record day to-day proceedings. The proceedings
shall normally be conducted on the basis of documents and written statements.
64 (3) (a) (v) - While appointing arbitrator(s) under sub-clause (i), (ii) & (iii) above, due care shall be
taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which
the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on
all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the
award made by such Tribunal will, however, not be invalid merely for the reason that one or more
arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract
relates or who in the course of his/their duties expressed views on all or any of the matters under
dispute.
64 (3) (b) (i) - The arbitral award shall state item wise, the sum and reasons upon which it is based.
The analysis and reasons shall be detailed enough so that the award could be inferred there from.
64 (3) (b) (ii) - A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award and interpretation of a specific
point of award to tribunal within 60 days of receipt of the award.
64 (3) (b) (iii) - A party may apply to tribunal within 60 days of receipt of award to make an additional
award as to claims presented in the arbitral proceedings but omitted from the arbitral award.
64(4) In case of the Tribunal, comprising of three Members, any ruling or award shall be made by a
majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding
Arbitrator shall prevail.
64(5) Where the arbitral award is for the payment of money, no interest shall be payable on whole or
any part of the money for any period till the date on which the award is made.
64(6) The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include
fee of the arbitrator(s), as per the rates fixed by the Railway Board from time to time and the fee shall
be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by
the instructions issued on the subject by Railway Board from time to time irrespective of the fact
whether the
arbitrator(s) is/ are appointed by the Railway Administration or by the court of law unless specifically
directed by Hon’ble court otherwise on the matter.
64(7): Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules
there under and any statutory modifications thereof shall apply to the arbitration proceedings under this
clause.
65. UNDERTAKING TO ABIDE BY CONDITIONS OF CONTRACT.

I/We agree to execute the above work as per special conditions laid down above.
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ANNEXURE - A
STATEMENT OF DEVIATION
(Pl .refer Cl.3 of special conditions part-I (General) of the Tender documents)
Sr. No. Part (SSC or Clause No. Railway Proposed Reason/Remarks

ASCC & SS) Clauses Clause for deviation
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ANNEXURE-B
SAFETY RULES
1. PRECAUTIONS WHILE WORKING IN THE VICINITY OF TRACK:

The contractor shall not allow any road vehicle belonging to him or his suppliers etc., to ply in railway
land next to the running line. If for execution of certain works viz. Earthwork for parallel railway line
and supply of ballast for new or existing rail line gauge conversion etc. road vehicles are necessary to
be used in railway land next to the railway line, the contractor shall apply to the engineer incharge for
permission giving the type and no. of individual vehicles, names and license particulars of the
drivers, location, duration and timings for such work/movement. The engineer-incharge or his
authorised representative will personally counsel examine & certify, the road vehicle drivers,
contractor’s flagmen and supervisor and will give written permission giving names of road vehicle
drivers, contractor’s flagmen and supervisor to be deployed on the work, location, period and timing
of the work. This permission will be subject to the following obligatory conditions:
(i) The road vehicles and drivers will ply only between sunrise and sunset.
(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.
(iii) The vehicles shall ply 6m. clear of track. Any movement/work at less than 6m and upto minimum
3.5 clear of track centre, shall be done only in the presence of railway employee authorised by the
Engineer-incharge. No part of the road ;vehicle will be allowed at less than 3.5m from track centre .
Cost of such railway employee shall be borne by the railway.
(iv) The contractor shall remain fully responsible for ensuring safety & in case of any accident, shall
bear cost of all damages to this equipment & men and also damages to railway and its passengers.
(v) Semi permanent fencing as approved by the Railway Engineer should be provided by the
contractor at his own cost along the running line at a distance of 3.5 metres from the centerline of the
nearest track at work sites where vehicles/machineries are likely to ply close to the track. This fencing
should remain in position till the vehicles/machinery are required to work adjacent to running line.
Engineer-inch rage may impose any other condition necessary for a particular work or site.
2. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the
ground or from solid construction except for such short period work as can be done safely from
ladders. when a ladder is used an extra labour shall be engaged for holding the ladder and if the ladder
is used for carrying materials as well, suitable foot holds and hand-holds shall be provided on the
ladder and the ladder shall be given an inclination not steeper than 1/4 to 1 (1/4 horizontal to one
vertical).
3. Scaffolding or staging more than 3.5 meters above the ground or floor, swung or suspended from an
overhead support or erected with stationary support shall have a guard rail properly attached bolted,
braced and otherwise secured at least 1 meter high above the floor or platform or staging and
extending along the entire length thereof with only such opening as may be necessary for the delivery
of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the
building or structure.
4. Working platform gangways and stairways should be so constructed that they should not sag unduly
or unequally, and where the height of the platform or the gangway or the stairway is more than 3.5
meters above ground level or floor level, they should be closely boarded, should have adequate width
and should be suitably fastened as described in the para above.
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5. Safe means of access shall be provided to all working platform and other working places. Every ladder
shall be securely fixed. No portable single ladder shall be over 10 metres in length while the width
between side rails in swung ladder shall in no case be less than 300 mm for ladders upto and including
3.5 metres in length. For longer ladders this width should be increased by at least 20 mm for each
additional metre of length. Uniform steps spacing shall not exceed 300 mm. Adequate precautions
shall be taken to prevent danger from electrical equipments. No materials on any of the sites of work
shall be so stacked or placed as to cause danger or inconvenience to any persons or the public. The
contractor shall provide all necessary fencing and lights to protect the public from accident and shall be
bound to bear the expenses of the defense. of every suit, action or other proceeding at Law that may
be brought by any person for injury sustained owing to neglect of the above precautions and to pay any
damages and cost which may be awarded in any suits, action or proceedings to any such persons or
which may with the consent of the contractor be paid to compromise any claim by any such persons.
6. Demolition: Before any demolition is commenced and also during the process of the work:
a) All roads and open areas adjacent to the work site shall either be closed or suitably protected;
b) No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used
by the operator shall remain electrically charged;
c) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion
or flooding;
d) No floor, roof or other part of the building shall be so overloaded with debris or materials as to render
it unsafe.
7. All necessary personal safety equipment as considered adequate by the Engineer should be kept
available for the use of the persons employed on the site and maintained in a condition suitable for
immediate use, and the Contractor should take adequate steps to ensure proper use of equipment by
those concerned.
In addition,
a) workers employed on mixing asphalted materials, cement and lime mortar shall be provided with
protective goggle.
b) workers engaged in white-washing and mixing or stacking of cement bags or any materials which is
injurious to the eyes shall be provided with protective goggles;
c) workers engaged in welding works shall be provided with protective goggles;
d) stone breakers shall be provided with protective goggles and protective clothing and seated at
sufficiently safe intervals.
8. The contractor shall submit the methodology proposed to be adopted for execution of works for approval
of the Railway Engineer with a view to ensure safety of trains, passengers & workers and he shall also
ensure the methods and arrangements are actually available at site before start of work and contractor’s
supervisors and workers have clearly understood the safety aspects and requirements to be adopted /
followed while executing the work.
9. The contractor shall maintain an assurance register at each site, which shall be got signed by both
Railway supervisor as well as contractor’s supervisor in token of their having understood the safety
precautions to be observed at site.
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ANNEXURE - C
FORM OF GUARANTEE BOND FOR PERFORMANCE GUARANTEE
BANK GUARANTEE BOND
The President of India,

Through the Divisional Railway Manager (Works),
Western Railway,
Divisional Railway Manager’s Office,
________ Division.
In consideration of the President of India (hereinafter called “the Government”) having agreed to accept
from _________________ (hereinafter called “the said Contractor/s), under the terms and conditions of an
Agreement/Acceptance letter dated ___________ made __________ between _____________________
and _______________________ (hereinafter called “ the said Agreement”) the Performance Guarantee for
the due fulfillment by the Contractor/s of the terms and conditions in the said Agreement on production of
Bank Guarantee for Rs ______________________ (Rs. ________________________________ only) we,
__________________________ (indicate the name of the Bank hereinafter referred to as “the Bank) at the
request of_______________________ contractor/s do hereby undertake to pay the government an amount
not exceeding Rs. ___________ against any loss or damage caused to or suffered by or would be caused
to or suffered by the Government by reason of any branch by the said Contractor (s) of any of the terms or
conditions contained in the said Agreement.
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 demand from the
Government stating that the amount claimed is by way of loss or damage caused to or suffered by the
Government by reason of breach by the said contractor/s of any of the terms or conditions contained in the
said agreement or by reason of the contractor/s failure to perform the Agreement, any such demand made
on the bank shall be conclusive as regards the amount due and payable to the Bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.
_________________.
3. We undertake to pay to the Government any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s)/supplier (s) in any suit or proceeding pending before any Court or
Tribunal relating thereto our liability under this present being absolute any unequivocal. The payment so
made by us under this bond shall be a valid discharge of our liability for payment there under and the
contractor (s)/suppliers (s) shall have no __________ 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, including Maintenance/Warrantee Period, and that it shall continue to
be enforceable till the dues of the Government under or by virtue of the said agreement have been fully
paid and its claims satisfied or discharged or till _____________________________office/Department)
Ministry of Railway certifies that the terms and conditions of the Agreement have been fully and property
carried out by the said Contractor (s) and accordingly discharged this guarantee, unless a demand or claim
under this guarantee is made on us in writing on or before the
________________________________________ we shall discharged from all liability under this
guarantee thereafter.
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5. We, ________________________________ (indicate the name of the Bank) further agree with the
Government that the Government shall have the fullest liberty without our consent and without affecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to
extend time of performance by the said contractor (s) from time to time or to postpone from any time or
from time to time any of the powers exercisable by the Government against the said contract and to
forebear 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 contractor/s or
for any forbearance act or omission on the part of the Government or indulgence by the Government to the
said contractor(s) or such any 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) Supplier (s).
7. We, __________________________ (indicate the name of Bank) undertake not to revoke this
guarantee during its currency except with the previous consent of the Government in writing.
Date this ________________ day of __________ 2005.
For ______________________
(indicate the name of Bank)
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ANNEXURE - ‘D’
CERTIFICATE OF NO RELATIVE BEING AN EMPLOYEE OF WESTERN RAILWAY
I/WE THE UNDER SIGNEG HEREBY SOLEMNLY DECLARE AND CERTIFY THAT I
/WE DO NOT HAVE ANY OF OUR RELATIVE/RELATIVES EMPLOYED IN THE
WESTERN RAILWAY (ENGINEERING DEPARTMENT) EXCEPT THE NAMES
MENTIONED HEREIN UNDER :
1………………..
2………………..
3………………..
AND SO ON ………….
NOTE:-NAMES,DESIGNATION,NAME OF OFFICE,HEADQUARTER OF THE TENDERER’S

RELATIVE IN WESTERN RAILWAY (ENGINEERING DEPARTMENT) TO BE MENTIONED BY
THE TENDERER/TENDERERS IN 1,2,3 AND SO ON ABOVE.
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PROFORMA-A-I
DETAILS OF WORKS WITH EXECUTION OF TENDERER FOR

Details of work in hand “ DETAILS OF TENDER SUBMITTED
Sr. Name of Place Tender Work in hand date Expected date of

NO. Work Cost of commencement completion
Sr. Name of work Work Tendered

No.
Estt. Date of when Stipulated date

of period of
completion
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PROFORMA-II
DETAILS OF ALL CIVIL ENGINEERING WORKS CARRIED OUT DURING PAST FIVE YEARS
Sr. Name of work Place Tender Time taken for Principal

No. cost completion of work feature of
the work
Brief.
Commence Actual
ment date completion
date
PROFORMA-III
DETAILS (PLANTS & MACHINERY)
Sr. No. Particular No. of Unit Kind Make Capacity Age and Remarks
of conditions (give present
equipment location if
already
owned if to
be
purchased
give date of
placing order
and tentative
date of
receipt.
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PROFORMA - IV
WESTERN RAILWAY (RAJKOT DIVISION)

PARTICULARS OF PERSON TO BE EMPLOYED ON THE WORK
Sr. No. Name & Qualification Professional Remarks s

Designation experience
PROFORMA-V
Item Element of Approximate Name & Statement of

work value Address of similar work
Sub Contactor previously
executed.
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The Building and other Constructions Workers’ Welfare Cess Rules, 1996.
(As per Railway Boards letter No. 2008/CE-I/CT/6 dtd. 9.07.08 )
The tenderer for carrying out nay construction work in Gujarat must got themselves
registered from the Registering Officer under Section-7 of the Building and Other
Construction Workers’ Act, 1996 and rules made thereto by the Gujarat Government and
submit certificate of Registration issued from the Registering Officer of the Gujarat
Government (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay
cess @1% of cost of construction work to be deducted from each bill. Cost of material shall
be outside the purview of cess, when supplied under a separate schedule item.
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WESTERN RAILWAY RAJKOT DIVISION
TENDER SCHEDULE SCHEDULE 'A'
Name of Work: Providing ballast wall from KM 853/6 to 854/1 between KNLS - MDPR & KM
853/13 to 853/13 to 854/1 between KNLS - MTKD at. ( Total length 1200 Mt.)
Approx cost: Rs.10,71,000/- Time limit: 03 Months

Sr. DESCRIPTION OF ITEM QTY RATE UNIT AMOUNT
No. Rs. Rs.
1 2 3 4 5 6
1 101/Earth work in bank or filling , cutting ,or
embankment ,including spreading dressing
,breaking clods ,lead up to 40m and lift up to
1.5m
(c) hard soil I.e.all soils (including black cotton
soil and soft moorum ) requiring to be dug by
pick axes 648 264.65 10cum 17149
2 102/Extra for excavation in trenches
/foundations of all structurers compound walls
bridges ,under-ground water conduits storm
water or sanitory drains inclu. manholes,
underground conduits for electric/ telephone
cable or similar
(a) in trenches upto 1.20m wide on top 648 15.20 10cum 985
3 107/Filling back in foundation & trenches with
already excavated earth incl.ramming and
watering 162 72.35 10cum 1172
4 210/Cement concrete in foundation with clean
well graded broken stone aggrigate not
exceeding 40mm size incl.ramming watering
curring etc comp.
© 1:4:8 and leaner mixes 162 396.95 cum 64306
5 217/Cement concrete with6mmto20mm size
with clean well graded broken stone aggrigate
cast in situ incl. tamping, watering,curring etc
comp.in bedblocks,copings,skew back of
arches &such other works etc
(b) 1:2:4 mix 27 515.4 cum 13916
6 510/Random rubble masonry up to plinth
complete.
(e) in cement sand mortar. 621 508.1 cum 315530
7 611/Cement plaster 20mm thick over stone 66867
masonary in two coats incl.smooth finishing
etc complete.
1860 35.95 sqm
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8 1248/Fixing and removing (after completion of
work ) form work and centering for bed blocks
,copings ,parapets,sills, skew backs of arches,
foundations etc inclu.all material and labour
complete.
120 58.15 sqm 6978
Total of Sch. “A” 486903
I /we offer to carry out the above work __________ % (in figures )
________________________________________% (in words) below/ above the western
Railway schedule of rates part I and II as applicable to Rajkot Division .
Place: Contractor's signature:
Date: Contractor's Name:
Contractor's Address:
Technical condition ( General ).
1 The work should be carried out as per GCC.
2 The contractor should visit the site of work prior to starting of work.
3 All the precautionery measures should be maintained by the contractor during the
execution of work and no claim for any damage or casuly will be born by the Railway.
4 The contractor should provide the materials of approved quality.
5 The workmanship and cleanlyness should be maintained properly.
6 The work should be carried out under the direct supervision and instruction of engineer
incharge.
7 The site of work should be neat and cleaned after completion of work.
48
DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
Western Railway- Rajkot Division

Tender Schedule
Schedule ‘B”
Name of Work: Providing ballast wall from KM 853/6 to 854/1 between KNLS - MDPR & KM
853/13 to 853/13 to 854/1 between KNLS - MTKD at. ( Total length 1200 Mt.)
Approx cost: Rs. 525000/- Time limit: 03 Months
Rate (Rs)
S
Description of items Qty Unit In
N In Words
Figure
1 2 3 4 5 6
1 OPC 43 Grade (Confirming to IS 8112- 1989) or 105.00 MT
Portland slag cement (Confirming to IS.455) of
28 days minimum strength not less than that of
OPC grade 43.
I/We offer to carry out the above work at the rate quoted in column no. 5 and 6
Place: Tenderer’s Signature:
Date: Tenderer’s name :
Tenderer’s address:
Special condition for supply and use of Cement.

* 1 * The cement shall be produced in lots commensurate with programmed progress of the work &
shall be transported & stacked to S.E.(W) Godown at his cost.& from there the requirement for day
to day use shall be drawn by the contractor against Hand receipt .The cement shall be directly
taken to the site of work
* 2 * Cement so procured by the contractor shall be fresh OPC latest to IS Codes. After a receipt of
each lot of at SE.(W.) Godown. A sample of cement at the direction of Engineer shall be tested for
initial & final setting time, Comp.& Tensile strength at contractor cost. Only on receipt of satisfactory
certificate this cement shall be allowed to be used on works. The procurement of cement shall be
planned by the contractor that this does not effect the progress of work.
* 3 * The contr. shall have to submit the cash memo along with the lot of cement purchased from
the various retailers /Cement factory to SE(W) in token proof of purchase of cement from reputed
dealer. No cement shall be accepted by the SE(W) without Cash memo.
* 4 * Although cement payment is number of 50 Kg. Bags as per items total Quantity so paid shall
be limited to Quantity actually used in works subject to further not exceeding the quantity laid down
in works subject to further not exceeding the Qty. laid down in WHB. part III which ever is less. No
payment shall be made for the cement used in works rejected by the Railway Engineer. Cement
shall be procured from the authorized dealer /Cement factory and the receipt shall be furnished on
demand. All empty cement bags shall not form part of quoted rates against this item.
* 5 * The Railway will take responsible care of cement in their custody handed over by the
contractor. However if the cement bags are damaged during storage or while taking away for use in
the work. Railway shall not be responsible for the same and no claim of payment shall be
49
DRM (WA) RJT

WESTERN RAILWAY
RAJKOT DIVISION
admissible on such damaged cement .However contractor shall be allowed to take away this
cement at his own cost.
* 6 * Cement consumption register shall be meticulously maintained giving quantity of work
done/consumption of cement on each day
* 7 * Cement bags left out after completion of work shall be taken by the contractor and the Railway
shall not make payments against these bags.
*8* Tenderers shall note that Railway will be at liberty to use their own cement at any stage of work
as per availability of Railway cement and no claims of contractor on this account will be entertained.
The quantity of Rly. Cement used should not exceed the quantity calculated as per consumption
given in works hand book part III and recovery will be made for excess consumption of cement by
the contractor over this calculated quantity at twice the procurement price of cement by the railway
increased by 7% towards freight and handling or market rate of cement which ever is higher.
*9* All empty cement gunny bags/plastic bags for which cement is paid vide separate NS item are
to be deposited with the Railway’s site in charge in good condition. If the contractor fails to do so,
then the amount of Rs. 5/- only per bag (Rs. Five only) shall be recovered subsequently in the
running bills which may kindly be noted.
*10* Cement bags supplied preferably in paper bags should bear the following information in legible
markings.
a) Manufacture’s name.
b) Registered trade mark of the manufacturer.
C) Type of Cement.
d) Weight of each bag in Kgs or number of bags per tone.
e) Date of manufacture as week of the year and year of manufacture e.g. 30/93 means the
manufacture date of cement is 30th week of 1993.
**************************** END OF THE DOCUMENT *********************************
50
DRM (WA) RJT


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WESTERN RAILWAY

1. Type of tender : Open Tender

2. Cost of tender documents : Rs. 2000 /- (By post Rs.2500/- )

3. Earnest Money Deposit : Rs. 31920/-

4. Estimated cost of work : Rs. 1596000/-

5. Completion period : 03 Months

9. Time & Date for opening of tender : 15.30 Hrs on 27.09.10

10.Validity of offer from date of opening : 90 Days

Tender Inviting Authority :-

DRM (WA) RJT

DRM (WA) RJT

Sr. Description Page No.

5 Information and Instructions to tenderer(s) 8

6 Tender form (First sheet) 10

7 Tender form (Second sheet) 11

8 Special Conditions of Contract (Part-I) –(A) Highlights of recent

9 Special Conditions of Contract (Part- I) –(B) General 16

(a) Annexure/A - Statement of Deviation 37

(b) Annexure/B - Safety Rules 38

(c) Annexure/C - Form of Guarantee Bond for Performance Guarantee. 40

(d) Annexure/D - Certificate of no relative being an employee of Western 42

Enclosure :- Tender document containing 50 pages, including cover page.

DRM (WA) RJT

Tender Notice No: DRM/RJT/2010-2011/08 Date: 18 /08/2010

DRM (WA) RJT

DRM (WA) RJT

DRM (WA) RJT

Sr. Item Details/Certificates enclosed.

2 Type of firm Prop/Partnership/Pvt LTD/PSU/Govt Dept

3 Constitution of firm give full

DRM (WA) RJT

Divisional Railway Manager(WA) ,Works Engg Dept

DRM (WA) RJT

17 Sales Tax/Commercial Tax/Works Contract Tax:

DRM (WA) RJT

TENDER FORM (FIRST SHEET)

1. I/We ______________________________________ (Tendrerers to fill the name of their firm) have

DRM (WA) RJT

DRM (WA) RJT

(b) Lumpsum/Standing Earnest money is not acceptable as EMD.

8. If the tenderer(s) deliberately gives/give wrong information in his/their tender, or creates/create

DRM (WA) RJT

16. Employment / Partnership etc. of Retired railway employees. :

DRM (WA) RJT

DRM (WA) RJT

SPECIAL CONDITIONS OF CONTRACT (PART- I)

Salient Features of recent amendment of General Conditions of Contract vide

1. EMD shall be as under.

Value of work EMD

DRM (WA) RJT

DRM (WA) RJT

4.1 Security deposit will be at a flat rate of 5% of the contract value.

4.3 No interest shall be payable on security deposit.

4.4 Security deposit will be returned to the contractor after

DRM (WA) RJT

9. PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC

DRM (WA) RJT

14. ERRORS OMISSIONS AND DISCREPANCIES :

DRM (WA) RJT

DRM (WA) RJT

26. SETTING OUT OF WORKS:

27. SUPPLY OF MATERIALS BY RAILWAYS:

Date this ______ day of 2005.