List of Contents to COS/CON/N.F.RLYMaliaon Tender No.SC/2010/1/0690/OT due on _03/03/2011_.

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Nov 29, 2013 (3 years and 6 months ago)

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1

Li
st of Contents to COS/CON/N.F.RLYMaliaon Tender No.SC/20
10
/1/0
6
90
/OT due
on
_
03/03/2011
_
.





Page

Numbers




1.

Invitation and instruction to tenderers


Annexure A


2
-
7



2.

Offer form






Annexure I
8



3.

Tender S
chedule





Annexure II



9



4.

Proforma for Credentials




Annexure III


1
0


5.

Tenderers Address &




Annexure IV


1
1

Communication Details




6.

Statement of Deviation




Annexure V


1
2


7.

Indemn
ity bond for




Annexure VI


1
3
-
1
4

90% payment



8.

Indemnity Bond for balance



Annexure VII


1
5
-
1
7


10% payment


9.

Proforma Bank Guarantee




Annexure VIII



1
8
-
19


for security deposit


10.

Proforma for monthly Progress Annexure IX


2
0


report.


1
1
.

Special Conditions of Contrac
t



Annexure
B


21
-
36


12.

Indian Railway Standard specification Annexure
C


37
-
58

for pre
-
tension pre
-
stressed concrete

sleepers


13.

IRS conditions of contract



Annexure D


59
-
7
6














2

ANNEXURE A

INVITATION AND INSTRUCTIONS
TO TENDERERS


ON BE
HALF OF THE PRESIDENT OF INDIA, THE CONTROLLER OF
STORES/CONSTRUCTION, NORTHEAST
FRONTIER RAILWAY

(CONSTRUCTION),
MALIGAON, GUWAHATI
-
781011
(HEREINAFTER REFERRED TO AS PURCHASER WHICH

INCLUDES HIS SUCCESSOR AND ASSIGNEES
)
INVITES

OPEN TENDERS

FROM

EXISTING
RDSO APPROVED CONCRETE SLEEPER MANUFACTURING PLANTS

WITH

THE
INSTRUCTIONS FURNISHED HEREINAFTER

FOR
-





MANUFACTURING

AND
SUPPLYING

INCLUDING LOADING,
TRANSPORTATION
,
UNLOADING AND STACKING AT CONSIGNEE END

OF

PRE
-
STESSED CONCRETE
SLEEP
ER FOR MIXED GAUGE BG
-
60/52 KG (DRG. RDSO’S NO. RDSO/T
-
3527) AND MG
-
75R/60R SUITING TO DRG.NO. EDO/T
-
2154

(

AS GIVEN IN THE NOTE OF THE DRG. NO.
RDSO/T
-
3527
)

AND AS PER IRS SPECIFICATION NO. T
-
3985 ALONGWITH LATEST
ALTERATIONS / AMENDMENTS IF ANY.”



1. G
eneral Instructions:

Quantities of Pre
-
stressed
m
ono
-
block
mixed
BG
-
MG

concrete sleepers of which
supplies
are
proposed

to be taken at various consignees
of

N.F. Railway
(
construction
)
are
tabulated
below:

SN

Consignees

Qty
(Nos.)

1

XEN/CON
-
2/NLP

.

Mat
erial required to be delivered at





乩z捨e瑩t
K

楩i

䝯hpur
K



T
TUMR†

乯献

NONSQM

ko献

††††† †† †††† †† †††††††† †† †††† †† ††††
† †† †† †††† ††
Total = 1,99,445

Nos
.


1.2.Time and Venue for Submission of Offers
:


i) Time for submission of offers : Upto 14.30 hrs on

_
03/03/2011
_

ii) Venue for submission of
offers:

office of the Controller of Stores/ Con

Northeast Frontier Railway (CON)

Maligaon, Guwahati
-
781011 (Assam)

iii) Time for opening of
offers:


At 15.00 hrs on
_
03/03/2011
_

iv)

Estimated Value: Rs.
4
7,87,07,900/
-

only

v) Earnest Money Deposit (EMD):
Rs.
10,00,000/
-

lakhs (Refer para 2.0.)

vi) Cost of Tender Documents: Rs. 2000/
-

only


1.3. All Offers in the prescribed form should be submit
ted before the time fixed for the

receipt of offers on the due date. Offers received after the stipulated time and date are
liable

to be rejected.

1.4. Tender form is non
-
transferable. Tenders submitted on other than prescribed offer
form or on photocopy

of the
offer form issued to any other tenderer will not be
considered
.

Tender document can,
also
, be downloaded from
the
website

:www.
nfrlyconstruction.org
.

Tenderers, however, submitting their offers on the
tender

document downloaded from Internet shou
ld enclose a cash receipt of requisite
cost of Tender

Documents deposited with the FA&CAO
/Con/NFRLY/MLG

along with
their

tender document failing which such tenders shall be summarily rejected
.

Only one
tender

shall be submitted by each tenderer
.



1.4(a
)

The

offers submitted by FAX will also be considered but it shall be the sole
responsibility of tenderers to ensure that the offers submitted by FAX are dropped in

3

appropriate Tender Box in sealed cover/covers and within the prescribed time and date.
The Ra
ilway shall not be responsible in any way for any delay in dropping the Fax offers
in the appropriate Tender Box.



1.4(b)

Offers received through FAX and found in the Tender Box at the time of opening
of tenders and complete in all respects and duly si
gned by the
authorized

signatory
should be treated as in time offer subject to the firm/firms submitting post confirmation
copy duly signed by the authorized person as per the tender conditions within ten
working days from the date of opening.



1.4(c)

all other offers received by FAX not covered in para 1.4(b) above shall be
treated as invalid. The offers received by FAX as covered in para 1.4(
a
) above shall be
deemed as unresponsive in case the confirmation copy is not received within the time
stipulat
ed in para 1.4 (b) above.



1.5. All offers shall be either typed or written neatly in indelible ink.




1.6 The individual(s) signing the tender or other documents connected therewith
should
satisfy

the following:




(i) In case of a Proprietorship

firm, the signing individual should be the Sole Proprietor
or Attorney of the Sole Proprietor. Power of attorney duly attested should be enclosed
with the offer if the tender document is signed by the attorney on behalf of sole
proprietor;




(ii)

In
case of a registered Partnership firm, the signing individual(s) should be
partner(s) or their attorney (s) as per Constitution of Partnership Deed.

A copy of
partnership deed and power of attorney duly attested should be enclosed with the
offer;




(iii
)

In case of a company, the signing individual(s) should be Director(s), Manager

or Secretary of the company duly
authorized

by a resolution passed by the Board of
Directors or in pursuance of the authority conferred by the
Memorandum and Article of
Ass
ociation.

A copy of such resolution duly attested and certified copy of
Memorandum and Article of Association and certificate of incorporation of the
company should be enclosed with the offer;




(iv)

In the case of a firm not registered under the In
dian Partnership Act, all the

partners
or attorney duly
authorized

by all of them should sign the tender and all other connected
documents.

The original power of attorney or other documents empowering the
individual or individuals to sign should be furni
shed to the purchaser for
verification, if required.


1.7.
All prices and other information like discounts etc. having a bearing on the price shall

be written both in figures and words in the prescribed tender schedule. In case of
difference between the

value quoted in words and figures
,
the

value quoted in words
shall be
taken
for

evaluation of
offer
.



1.8.

Evaluation Criteria of offers
:


4

In case of multi item or single item with multi consignee, the inter
-
se
-
position of bidders
shall be decided itemwise
and consignee wise

based on landed cost up to each
respective consignees
.




1.9.

Offers in the prescribed form, addressed to the Presi
dent of India

acting

through
the
Controller of Stores/ Con, Northeast Frontier Railway (CON),Maligaon, Guwahati
-
781011 (Assam)

should be dropped in the tender box earmarked for the tender in office
of the Controller of Stores/ Con, Northeast Frontier Railway (CON),Maligaon, Guwahati
-
781011 (Assam)in sealed envelop super scribed as:

“Offer for


Tender No.
SC/20
10
/1/
0
690
/OT; open
ing on
_
03/03/2011
_
; Time 15.00 hours”

.




1.10.

Offers sent by post should be by

‘Registered Post’

with acknowledgement due
duly

addressed to the President of India

acting

through the Controller of Stores/ Con,
Northeast Frontier Railway (CON),Ma
ligaon, Guwahati
-
781011 (Assam) so as to reach
before

14.30 Hrs. on
_
03/03/2011
_

.Railway will not be responsible for any postal
delay. This is in order to ensure that rates quoted by the Tenderers do not leak out
before the nominated date and time. For

similar reasons tenderers should, in their own
interest, avoid sending price quotations by telegram/telex/fax.




1.11.
Offers shall be as per terms and conditions and specifications given in the
tender documents. No deviations shall be allowed from th
e specifications, terms
and conditions stipulated in the tender documents and tenders containing
deviations are liable to be rejected.


Tenders with any kind of technical deviation
will be summarily rejected. Other

deviations, if any, must be brought ou
t in a separate
“deviation sheet” detailing clause number of the tender document, stipulation as per the
clause and deviation asked for (

as per Annexure
V

).


Details of deviations should be
strictly as per annexure
V

and any deviation not included i
n this annexure will not be
considered at all. The purchaser, however reserves the right to accept or reject these
deviations and his decision thereon shall be final.


1.12

Each page of the offer should be numbered and signed by the tenderer at the

bot
tom. A reference to the total number of pages comprising the offer must be
made at the top right hand corner of the first page of the offer.



1.13.
The offer from RDSO approved sources
for the subject items
only
will
be
considered.
The status of tende
rer shall be reckoned as on the date of tender opening
unless
there
is

a case of downgrading/removal/suspension/banning.


5

2.0.

Earnest Money:


2.1.

The Earnest Money Deposit (EMD) shall be taken from all tenderers against
advertised tenders subject to follow
ing
exemptions:


a.
Vendors registered with NSIC up to the monetary limit o
f their registration for
the

items tendered.


b.

Vendors registered with Railway upto the monetary limit of their
registration
for
the items

tendered/trade group of the items tendere
d.


c.
Vendors on approved list of RDSO
/
PUs/CORE/ Railways etc. for those specific
items for which they are on approved list.





d. Manufacturers and their accredited agents





e. Other Railways, Govt. Departments.


2.2.

The amount of EMD to be take
n in advertised tenders, wherever applicable, will
be 2% of the estimated tender value subject to a upper limit of :


a.

Rs.5 lakh for tenders valuing upto Rs.10 Crores and



b.

Rs.10 lakh for tenders valuing above Rs.10 Crores.


2.3. The tenderer shall dep
osit with the F.A. & C.A.O./Con/N.F.Railway,
Maligaon,
Guwahati
-
781011 the sum specified above as Earnest Money. The Earnest Money may
be deposited on any working day of the month between 10.30 hrs to 14.30 hrs. Earnest
Money may be paid in cash or in any
of the following forms.



Deposit receipts at call, pay orders or demand drafts of the State Bank of India
or any other nationalized bank drawn in the name of the F.A. &
C.A.O./Con/
N.F.Railway,
Maligaon
, Guwahati
.



Note


BANK GUARANTEES SHALL

NOT BE ACCEPTED FOR EARNEST
MONEY.


Cheques
,

National Plan Savings Certificates
,

National SAVINGS
Certificates and Government Securities (Stock certificates, bearer bonds, promissory
notes and cash certificates)
WILL

also
NOT BE ACCE
PTED
.

2.4 Earnest Money deposit should remain valid for a period of 45 days beyond the
original
validity period

of the offer
.


2.5.

In the event, tenderer

has deposited the Earnest Money in cash, the number and
date of the cash receipt should be furnish
ed in the offer letter in the space provided
thereon. Pay orders, demand drafts and deposit receipts at call shall be attached to the
original copy of the Tender.


2.6 No interest will be paid on the Earnest Money. It will be refunded in
full to the
unsu
ccessful tenderers
. In th
e case of the successful Tender
er

the

EM

deposit may be
retained as part payment of the security deposit for due fulfillment of the contract.
However, if the successful tenderer chooses to submit security deposit in full separately
,
Earnest Money in such case shall be returned to the firm on application.


6



In order to facilitate early release of Earnest Money to the unsuccessful
Tenderers
, it is

advised to deposit it in the form of
D
emand
Dr
aft.


3. Technical Information:



3.1
. Clarifications, if any, regarding specifications etc. may be obtained from Controller of
Stores/ Con, Northeast Frontier Railway (CON),Maligaon, Guwahati
-
781011 (Assam)
.


3.2.

A copy of relevant specifications and drawings can be obtained on payment by
t
he
tenderers

from the Director General (Track), RDSO, Manak Nagar, Lucknow. The
relevant drawings and specifications can be seen in the office of
Controller of Stores/
Con, Northeast Frontier Railway (CON),Maligaon, Guwahati
-
781011 (Assam).



4. Effect a
nd Validity of Offer:



4.1.The submission of any offer connected with this tender document shall
constitute an agreement


that the tenderer shall have no cause of action or claim
against the purchaser for rejection of his offer

. The purchaser shall
always be at
liberty to reject or accept any offer or offers for part or whole of the quantity offered at its
sole discretion and any such action shall not be called into question and the tenderer
shall have no claim in that regard against the purchaser.



4.2.The offer shall be deemed to be under consideration immediately after they are

opened and until such time the official intimation of award is made by the Railway to the
tenderer. While the offers are under consideration, tenderers and
/
or their
repr
esentatives or other interested parties are advised to refrain from contacting the
purchaser by any means.
If
necessary
, the purchaser may obtain clarifications on the
offers by requesting for such information from any or all the tenderers, either in writ
ing or
through personal contact, as may be considered necessary. Tenderers will not be
permitted to change the substance
of
their

offers after the offers have been opened.



4.3. The validity of offer should be for a minimum of 120 days effective from th
e date
of
opening

of tender. Offers with validity less than 120 days shall be summarily rejected.



4.4.

In exceptional circumstances, the purchaser may solicit the Bidders consent
for
extension

of the period of validity. The request and the responses th
ereto shall be
made in writings (or by cable or telex). A Bidder may refuse the request without forfeiting
Earnest Money
. A Bidder granting the
request

will not be required nor permitted to
modify his bid.




5. Qualifying Requirements:



5.1.

O
f
fers from RDSO approved

Concrete Sleeper
Plants only be considered.




a)

Tenderers are required to submit details of similar supplies completed
during
last three
years

and details of supplies
during


current
year

in hand if any
as

per
Annexure
-
III

al
ong with documentary evidence in support;


b)

Placement of orders to the firms for supply of
the sleepers
under this tender
will be at the sole discretion of the purchaser. The ordered quantity on the firms
shall be decided based on the sleeper require
ment and past performance.


7




c
)

The
Suppliers have to complete the supplies of
the sleepers

under this tender
without any

way affecting the programmed supply
of PSC sleepers
to the

Railway
s

against the
existing
regular contract
s placed by Railway Board
or Zonal
Railways
.


5.2.Tenderers must submit documents in support of information submitted
against para 5.1 above along with the tender failing which his/their offer may be
rejected without any correspondence with the tenderers at the sole discretion of
the purchaser.




6. Acceptance of Tender:




6.1. The purchaser reserves the right to reject any or all of the tenders in part or full at
his
sole

discretion without assigning any reasons.


6.2.
N
.

F
.

Railway (Construction)

does not pledge itself

to accept the lowest or any
tender and reserves to itself the right of acceptance of the whole or any part of the
quantity offered. The decision of Railways with regard to allotment of quantity so as to
ensure uninterrupted supply of sleepers will be fin
al. The tenderer shall supply the whole
ordere
d

quantity at the quoted rate.



6.3. The acceptance of the tender will be communicat
ed by letter of acceptance dire
ct to

the tenderer or through his authorized agents. In case where a counter offer is
issued,
the unconditional acceptance of counter offer will result in a validly concluded contract,
though formal letter of acceptance may be forwarded to the contractor at a later date.



7.

The Special Conditions of Contract are
enclosed
(
Annexure
-
B
)
.

The Special
Conditions of the Contract will have precedence over the IRS conditions
of contract
and
instructions to tenderers.











for
Controller of Stores/con

N.F.Railway,Maligaon

,

Guwahati
-
11








8

Annexure
-
I



OFFER FORM





Total no of p
ages in
offer

In figures

In words



To,


The President of India,

Through
Controller of Stores /con

N.F.Railway,

Maligaon,

Guwahati
-

7810111.





Ref:
-
Controller of Stores /
Construction
/ N.F.Railway Maligaon
, Guwahati

s
Open T
ender No:
SC/
20
10/1/06
90
/OT for

MANUFACTURING

AND
SUPPLYING

INCLUDING LOADING,
TRANSPORTATION
, UNLOADING AND STACKING AT CONSIGNEE
END OF

PRE
-
STESSED CONCRETE SLEEPER FOR MIXED GAUGE BG
-
60/52 KG (DRG.
RDSO’S NO. RDSO/T
-
3527) AND MG
-
75R/60R SUITING TO DRG.NO. EDO/T
-
2154 ( AS
GI
VEN IN THE NOTE OF THE DRG. NO. RDSO/T
-
3527) AND AS PER IRS SPECIFICATION
NO. T
-
3985 ALONGWITH LATEST ALTERATIONS / AMENDMENTS IF ANY
.


Sir,




1. We hereby
offer our rates for manufacture,
supply
and transportation
of
pre
-
stressed mono
-
block mixed ga
uge

Sleepers
(BG/MG)

to

RDSO Design as per IRS
Specifications and Terms and Conditions, etc. as mentioned in

the tender document at
the rates as indicated in the Tender Schedule enclosed.




2. We are RDSO approved supplier for PSC sleepers and, there
fore, exempted from
depositing earnest money for offer to supply sleepers from our existing

RDSO
approved
Concrete sleeper plant.



3. We agree to keep our offer valid for
120

days from the date of opening; and shall be
bound by a communication of acc
eptance within that time to supply the store in

accordance with the Special Conditions of Contract as specified in the tender, not
withstanding that a formal contract may be signed at a later date.



Yours faithfully,





(
Signature of Tenderer
or


Authorized
signatory with seal)
.



For and on behalf of M/s.


__________________________

__________________________

__________________________

Enclosures (Tenderers to specify):








9


Annexure
-
II


TENDER SCHEDULE

TENDER No.
SC/
2
0
10
/1/0
6
90
/OT

Description of Item:


MANUFACTURING

AND
SUPPLYING

INCLUDING LOADING,
TRANSPORTATION
,
UNLOADING AND STACKING AT CONSIGNEE END OF

PRE
-
STESSED CONCRETE
SLEEPER FOR MIXED GAUGE BG
-
60/52 KG (DRG. RDSO’S NO. RDSO/T
-
3527) AND MG
-
75R/60R SUITING TO

DRG.NO. EDO/T
-
2154 ( AS GIVEN IN THE NOTE OF THE DRG. NO.
RDSO/T
-
3527) AND AS PER IRS SPECIFICATION NO. T
-
3985 ALONGWITH LATEST
ALTERATIONS / AMENDMENTS IF ANY.


Schedule of Quantities to be supplied from existing RDSO approved plants:


SN

Consignees


Qty


(Nos)

Basic rate


(Rs.
/

sleeper)

ED

CST/
VAT

Freight charges

with service tax
if
applicable

inclusive of
loading,
un
loading and
stacking at
consigne
e end
.


(Rs/sleeper)

Any
other
tax

All inclusive rate


(
Rs.
/

sleeper
)


In f
igure

In words

1.

XEN/CON
-
2/NLP


(Material
required to be
delivered at

i)


Nizchetia

ii)

Gohpur







77805

121640











This offer is made after taking into consideration the instructions to tenderers, special
conditions of contract and all other

Annexures, which are part of the tender document.



(
Signature of Tenderer or


Authorized
signatory with seal)
.






10


ANNEXURE
-
III



DETAILS FOR CREDENTIALS



1. Location of existing factory(s) :

2. How long has/have the present factor
y been in existence:

3. Details of
supply made

during the past three years:


S.No

Order
No &
date

Descriptio
n
of item

Value of
contract

Consignee

Date of completion

Remarks if any

As per
contract

Actual




















































Note: Please attach certificate/documentary evidence in respect of supplies made as
above duly attested.











(
Signature of Tenderer or


Authorized
signatory with seal)
.



Name:



Address:





11


Annexure
-
I
V







Tenderer’s Address and Communication Details



1.

Tender No

SC/20
10
/1/0
6
90
/
OT

for

manufacturing

and

supplying

including loading,

transportation, unloading & stacking at consignee end
of

Pre
-
stressed concrete
sleeper for mixed gauge BG
-
60/52 Kg (Drg. RDS
O’s No. RDSO/T
-
3527)
and MG
-
75R/60R suiting to Drg.No. EDO/T
-
2154

(

as given in the note of the Drg. No.
RDSO/T
-
3527
)

and as

per IRS specification No. T
-
3985 alongwith latest alterations
/ amendments if any.


2. Name of the Firm: ________________________
________________________


3. Registered Address of the Firm: _____________________________________

_______________________________________________________________


4.
Address of Works
/Plant

: ________________________________________________

__________
______________________________________________________


5. Address for Communication: ________________________________________


Fax No.________________________Telephone No.______________________




6. Name of
Contact person

:__________________________
____

Address:_____________________________________________

____________________________________________________

Phone No.____________________________________________

FAX No._____________________________________________





















(
Signature o
f Tenderer or


Authorized
signatory with seal)
.



Name:



Address:



12

ANNEXURE
V



STATEMENT OF DE
V
IATION FROM TENDER SPECIFICATIONS
/CONDITIONS


Item No

Description

Particulars of Deviation



























(
Signature of Tender
er or


Authorized
signatory with seal)
.


Name:



Address

:


13

ANNEXURE
-
VI




INDEMNITY BOND




The President of India

Through

The
Controller of Stores/ Construction


N.F. Railway, Maligaon, Guwahati
-
781011 (Assam)



THIS IN
DENTURE made on this day _____________ by M/s. (Duly
registered under the Indian Co. Act. 1956) and having its registered office at
________________________, hereinafter called the contractor (which expression shall
include its successors) in favo
ur of the President of India acting through The
Controller of
Stores/ Construction, N.F. Railway
,

Maligaon, Guwahati
-
781011

hereinafter called the
Purchaser (which expression shall include his successors and assignees).



WHERE AS under the formal order/
contract specified in schedule, I/We have
agreed to
manufacturing, supplying
,

transportation
, unloading and stacking at consignee end

of
Mixed gauge (BG & MG 4 rail seat type) pre
-
stressed mono
-
block concrete sleeper (pre
-
tension type)
to the President of
India (hereinafter called the Purchaser) at the time and
place and in the manner detailed there in.



WHERE AS purchaser agreed to accommodate the contractor in case in which
the purchaser thinks fit by making 90% payment of
value

of each consignment

without
transportation charges

of finished sleeper from factory to the consignee

which have been
inspected and passed by the Purchaser
’s

nominee.



In consideration of such payment I/We am/are hereby is/are expressly prepared
to accept certain liabilities

as herein after set out but such liabilities shall not affect the
passing of the sleepers concerned to the purchaser.



NOW, I/We hereby agree, declare and undertake as follows:



(i) I/We shall remain absolutely responsible for the safe custody and pr
otection of
_________ sleepers, which were inspected and passed by the Railway Authority by IC
No. ________ dated _________, but could not be despatched due to non availability of
Road Vehicle

against all risk whatsoever, till those are despatched under th
e above
mentioned contract and duly delivered. The President of India, however, shall be kept
indemnified against any losses and/or damage to the said sleepers. The said sleepers
shall however, be at all time open to the inspection by officer who may be a
uthorized on
behalf, by the purchaser or his nominee.



(ii) Details of quantity which will be loaded in
Road
/Rail/
Vehicle

as per challan will be
submitted by me/us to the consignee direct and if any discrepancy is noticed on receipt
of
Mixed gauge mon
o
-
block concrete sleepers

at the destination, the cost of quantity in
deficit will be realized from my/our 10% bills.



(iii) The said number of sleepers shall be loaded and
delivered at the consignee end

correctly as per the inspection note and that no
broken or un
-
passed sleepers, not
conforming to the specification/drawings mentioned in the formal contract shall be
dispatched/delivered

and then in such case we shall be liable for the entire loss or
damage that purchaser may sustain due to the dispatch

of such broken/un
-
passed

14

sleepers and I/We undertake to indemnify the purchaser against all such loss and
damage and shall replace at my/our cost any of such broken/un
-
passed sleepers as may
be dispatched by us aforesaid.



(iv) In the event of any los
s or damage as aforesaid the assessment of such loss or
damage and assessment of the compensation therefore would be made by the
Consignee
or his authorized nominee from our 10% bills and the said assessment shall
be final and binding upon us.



(v) Prov
ided always that notwithstanding anything contained in the formal,
order/contract, the President of India will be fully entitled to realize all dues against me/
us under orders/contracts specified in the schedule or other contracts between
myself/ourselves

and the President of India without prejudice due by any other lawful
means.


THE SCHEDULE



COS/CON/N.F.RLY/Maligaon/Guwahati PO No.
________________ dated _________
for
manufacturing, supplying
,

transportation
, unloading and stacking at consignee end

of
Mixed
gauge (BG & MG 4 rail seat type) pre
-
stressed mono
-
block concrete sleeper (pre
-
tension
type)
.





Witness: *Signature of the supplier:




Address:





Dated:

Name:



Address:



Dated:




# accepted



For and on behalf of the President of India.



# Acceptance on behalf of the

President of India should be by

an officer authorized under

Article 299 of the Constitution.

*The bond should be executed by a person who by his signature can bind the
Contractor.


15

Annexure
-
VII


INDEMNITY BOND





BY THE PRESENT INDEMNITY BOND executed by M/s
--------------------------------
----------------------------------------------------------------------------------------------------------------------
------------
--------------------------------------------------------------------------------
on this
-----------------
------------

day of
--------------------------------------------

(hereinafter called contractor) in favour
of President of India/(Name of the person who

has signed the agreement)
-------------------
---------------------------------------------------------
(hereinafter called the purchaser).



2. WHEREAS


The Contractor has agreed with the purchaser to
manufacturing,
supplying
,

transportation
, unloading
and stacking at consignee end

of
P
re
-
stressed mono
-
block
mixed gauge (
BG
-
60
KG

&
MG
-
52
KG
) concrete sleeper (pre
-

tension
ed

type)

to the Railway
Administration in pursuant to and in terms of a contract evidenced by the Controller of
Stores/Construction, N
.F. Railway, Maligaon, Guwahati
-
781011.



3. AND WHEREAS pursuant to the said contract, the contractor(s) commenced
delivery

of sleepers on
----------------------------

and completed
delivery

by
----------------------------------
------
.



4. AND WHEREA
S under

clause 1
3
.3

of the said cont
ract for the supply of PSC mono
-
block
concrete

Sleepers payment for the delivery of stores was/is to be made as follows:



Balance 10% of the
value

of each consignment

and transportation charges

of finished
sleeper fr
om factory to the consignee
will be paid on
receipt and acceptance of the
sleepers by the respective consignees in good condition along with inspection certificate

on

execution of Indemnity Bond for 25% of the value of stores supplied covering the
warranty

period as per warranty clause. The contractor may submit the Indemnity Bond
for 25% value of the entire value of the contract in one go in lieu of submitting several
Indemnity Bonds for 25% of each consignment.



5. AND WHEREAS 90% payment in respect

of
value

of consignment

without
transportation charges

of finished sleeper from factory to the consignee

has already
been paid by the
---------------------------------------------
Railway to the contractor, vide
Cheque No.
---------------------------

dated
-
-----------------------
Rs.
--------------------
.



6. AND WHEREAS the contractor submitted one of his bills being bill No.
------------------
----------------

of
-----------------------------------------
Rs.
-----------------------------------

for the 10%
(
i.e. balance
value
)
of

the

consignment

and transportation charges

of finished sleeper
from factory to the consignee

delivered
by him through
Road Vehicle No
.
--------------------
---

booking under
Consignment Note No
.
----------------------------------

to t
he consignee
thereof namely the
-----------------------------------------------------------------------
.


7. AND WHEREAS the Purchaser has agreed to pay the amount of Rs.
----------------

(in
words)
--------------------------------------------------------
--------------------------------------

being the
10
% of the said bill No.
----------------------------------

upon the Contractor subject to execute
an indemnity bond in the manner hereafter provided in the

para 1
3
.3
of the contract.



8. NOW THEREFORE th
rough this indenture, the Contractor hereby covenants with the
Purchaser that the Contractor shall at all times hereinafter well and sufficiently indemnify

16

and keep indemnified the Purchaser, his successors and assignee for an amount
---------
-------------
--------------
(25% of the value of stores supplied) from and against such
damages, loss and costs, charges and expenses, whatsoever that may be caused and
incurred by the said Railway Administration on account of the short or non
-
receipt of the
said stores

said to have been dispatched
/delivered

by the said
Road Vehicle No
.
----------
---------------------
under the said
Consignment Note No.
------------------------------------------

to
the said consignee or on account of the said goods if delivered in whole or

in part not
being according to the specification and requirements of the said contract and in the
event of such short or non
-
delivery or delivery of the goods in whole or in the part being
not in accordance with the specifications and requirements of the
contract, the
Contractor shall pay to the purchaser on intimation to the amount as may be equal to the
price of the said goods so short received or not being according to the specifications or
requirements as aforesaid and also all other loss that the Purc
haser may incur or suffer
on account thereof the decision of

purchaser’s or his nominee

as to the exact amount of
such loss including the price of the goods short delivered or of the goods but not in
accordance with the specifications or requirements of t
he said contract as aforesaid
being final and binding on the Contractor together with all costs, charges and expenses
that the Purchaser may incur for the recovery of the said amount and loss.



AND IT IS HEREBY guaranteed by the contractor that Sleepers
which the contractor has
supplied have been manufactured fully in accordance with the specifications and its
design shall strictly follow the “as made” detailed drawing with such specifications as are
notified in respect of each type. The contractor furthe
r guarantees that the PSC Sleeper
shall be free from defects in material and workmanship. The contractor shall be liable to
arrange the necessary replacements of the defective sleepers free of any charge only to
the extent that such replacements are attrib
utable to or arise from faulty workmanship or
material or design in the manufacture of the sleepers. All replacements shall be made
free of cost at destination. If the contractor so desires, the replaced sleepers can be
taken over by him for disposal as he

deems fit, within a period of three months from the
date of receipt of the replacement of defective sleepers by the purchaser. At the expiry of
this period, no claim in this respect shall lie on the purchaser.



IT IS AGREED that any approval or acceptan
ce by the purchaser of the sleepers or of
the materials incorporated therein shall not in any way limit the contractor’s liability
hereunder. The decision of the purchaser in regard to contractor’s liability under this
guarantee shall be final and conclusi
ve. All replacements that the purchaser shall call
upon the contractor to deliver under this guarantee shall be delivered by the contractor
within three months from the date of intimation of such rejection of defective sleepers. If

the contractor fails to

replace the defective sleepers within the said period, the cost of the
said sleepers at the rate stipulated in the contract shall be recovered from the payments
due to the contractor.




WHEREAS IT IS AGREED that the guarantee herein contains shall expir
e in respect of
each sleeper on the expiry of 5 years from the date of the delivery or 3 years from the
date of its placing in service whichever is earlier except in respect of defects notified to
the contractor prior to the expiry of such date.



9. AND

IT IS HEREBY agreed between the parties hereto that the Purchaser shall be
entitled to recover or adjust the cost of such replacements as aforesaid or the
guaranteed amount
-------------------

(25% of the price of stores supplied) whichever is
less out of

or from the moneys, if any, payable to the Contractor in respect of the said
Contract or any other contracts subsisting between the Contractor and the purchaser.


17



10. IN WITNESS WHEREOF the contractor has put his seal on
-------------------------------
-
-----------------------------------------------
.




IS HEREINTO affixed pursuant to a resolution, dated
---------------------------------

passed
by the Board of Directors of the said Company in the presence of:




1. Shri
------------------------------
-------------



2. Shri
-------------------------------------------







Signature
-------------------------



Firm’s Name: M/s. ________________



(Stamp)


Witness:

1)

2)






Controller of Stores/ Construction

N.F.Railway , Maligaon, Guwahati
-
781011


for and on behalf of the president of india







18

Annexure


VIII



MODEL FORM OF BANK GUARANCEE FOR SECURITY DEPOSIT


GUARANTEE BOND



(1)

In

consideration of the President of India acting through Controller of Stores/Con,
N.F.Railway, Maligaon/FA&CAO/Con, N. F. Railway, Maligaon (hereinafter called “the
Government”) having agreed to exempt_______________________________


(A)_______
________________________ (hereinafter called “the said Contractor(s)”
from the demand, under the terms and conditions of an Agreement / Purchase Order
No._______________________________dt_________made between__________


___________________ (A)
_____________________and Controller of Stores/Con, N.
F. Railway, Maligaon for supply of___________________________________(B)
______________________________(hereinafter called “the said Agreement”) of
Security Deposit for the due fulfillment by the said C
ontractor(s) of the Performance
Guarantee condition contained in the said Agreement, on production of Bank Guarantee
for Rs.________________(Rupees_____________________________


_______________only).



We____________________________(c)_________
____________



(Hereinafter called “the Bank”) at the request of__________________________ of
_____________________________(A)__________________________________



(Contractor(s) do hereby undertake to pay the government an amount not exceeding
Rs._________
__________________against any loss or damage caused to or suffered
or would be caused to or suffered by the Government by reason of any breach by the
said Contractor(s) of any the terms or conditions in the said agreement.


2.

We_________________________(c) _
___________________do hereby undertake to
pay the amounts due and payable under this Guarantee without any demur, merely on a
demand from the Government stating that the amount claimed is due byway of loss or
damage cause to or would be caused to or suffer
ed 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 said Agreement. Any
such demand made on the Bank shall be conclus
ive as regards the amount due and
payable by the bank under this Guarantee. However, our liability under this Guarantee
shall be restricted to an amount not exceeding
Rs_____________________________________________


3.

We undertake to pay to the Government a
ny 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 and unequivocal.


The payme
nt so made by us under this Bond shall be valid discharged of our liability for
payment there under and the Contractor(s)/Supplier(s) shall have no claim against us for
making such payment.


4.

We______________________(c) ________________________further ag
ree that the
Guarantee herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said Agreement and that it shall continue to
be enforceable till all the dues of the Government under or by virtu
e of said “Agreement
have been fully paid and its claim satisfied or discharged or till CONTROLLER OF
STORES(Con), N.F.Railway, Maligaon, Ministry of Railway certifies that the terms and

19

conditions of the said agreement have been fully & properly carried o
ut by the said
contractor (s) and accordingly discharged the guarantee. Unless, demand and or claim
under this guarantee is made on us in writing on or before the
_____________________________ we shall be discharged from all liability under the
guarantee t
hereafter.


5.

We______________________(C) __________________________________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 title of performance by the said
Contractor(s) from time to time or to postpone for any time to time any of the power
exercisable by the Government against the said Contractor(s) and to force b
ear or
enforce any of the terms and conditions relating to the said Agreement and we shall not
be relieved from our liability by reasons of any such variation or extension being granted
to the said Contractor(s) or for any forbearance, act or omission on
the part of the
Government or any indulgence by the Government to the said Contractor(s) or for any
such matter or thing whatsoever which under the law relating to sureties would but for
this provision, have effect of 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_____________________________(C) __________________________ lastly
undertake not to revoke this Guarantee during its currency except with the previous
con
sent of the Government in writing.


Dated the_______________________days of_______________________


for ____________________________________________________



________________________________________________________



Note :


1) Please fill the above

form by replacing symbols (A), (B) and (C) with appropriate words
as given below :



Legend

Meaning

(A)

Firm’s Name and Address

E_F

_rief 摥獣ri灴楯渠nf m慴敲i慬 t漠扥o獵s灬i敤 慳⁰ar mKlK

ECF

Bank’s Name and Address




pt慭a 灡灥r 畳u搠獨s畬搠扥dof osK
㌰P
-

Eo異敥猠t桩rty 潮lyF




20

Annexure
I
X




Monthly Progress Report for PSC Sleepers

for the month ______


Name of Contractor/Supplier: …………………………..


P.O.No. & date:……………………………………………..


SN

Ordered
qty

Sleepers
scheduled
to be
supplied
upto the
month
------

(No.)

Sleepers

produced
during the
month

(No.)

Cumulative
Sleeper
production

up to the
month

Sleepers
passed
during the
month

Cumulative
Sleepers
passed upto
the month

Sleeper
dispatched
during the
month

Cumulative
sleepers
dispatched
up to the
month































(
Signature of Tenderer or



Authorized
signatory with seal)
.


Name:



Address
:


21


Annexure
-
B



SPECIAL CONDITIONS OF CONTRACT


1. General



This contract will be governed by IRS Conditions of Contract as incorpora
ted in
Annexure
-
D

of the Tender Document as well as the Special Conditions of Contract
mentioned herein. In case of conflict between the two, i.e., IRS Conditions of Contract
and Special Conditions of Contract, the provisions of Special Conditions of Cont
ract shall
prevail.



2. Rates:



2.1.

The supply of sleepers in accordance with the terms and conditions of this contract
shall be
e
ffected

at the accepted unit rate, subject to price variation in terms of Clause
11

of these conditions. In addition

to the accepted rates, the cost of transportation of
Inserts, HTS Wire and Cement shall be reimbursed extra as
per
Clause

1
2

of

these
conditions. In addition to the accepted rate and reimbursement of freight, the contractor
will also retain
CENVAT

credit
s available on input materials on the date of opening of the
tender.




2.2.

The
quoted

rate

shall be inclusive of the cost of all labour and input materials like
HTS Wire, Inserts, Cement and coarse and fine aggregates, etc. including all handling
ch
arge,

freight charges,
taxes

and duties
, cost of transportation of any sleeper from
factory to consignee end, unloading & stacking

thereon except the following charges
which shall be paid extra:




(a)
The

cost of transportation of inserts, HTS W
ire and cement as per
clause
1
2
.

(b)
Inspection

charges of SGCI inserts as per Clause 6.8;

(c)
Entry

tax on cement, HTS Wire and SGCI inserts wherever legally applicable and as
per
actual

subject to the production of documentary evidence will be regula
ted as per
clause 5.




2.3.
Rate must be quoted on FOR (Mode of dispatch


By Road
/Rail

Transport
destination basis, giving break
-
up as basic rate, ED,ST, Road freight charges up to

each
destination
s

which includes loading at the factory premises,
Transportation up
to consignee end, Unloading & stacking at the consignee end inclusive of service tax
applicable if any. The cost of

wooden packing

etc.

as per drawings will be borne by the
contractor.




22

3.

Sales Tax/VAT/CST and Excise Duty:



3.1.

No Conc
essional sales tax form will be
issued;

suppliers should quote their
sales
tax
/VAT without form C/D as applicable.
Rate
of

Excise Duty applicable should be clearly
indicated. No Excise Duty variation linked with the turnover of the firm will be accepte
d.
Variation in only Statutory ED, if any
,
will be applicable. If Excise Duty is mentioned in the
quotation like ED as applicable or ED extra or variable. E.D linked with turnover etc., offer
will be loaded with full rate of ED applicable for that item for

comparison of rates.


3.2.

The Tenderers should quote the exact percentage of VAT that they will be
charging
extra
.



3.3.

While quoting the rates, tenderer should pass on (by way of reduction in prices) the
set off/input tax credit that would b
ecome available to them by switching over to the
system of VAT from the existing system of sales tax, duty stating the quantum of such
credit per unit of the item quoted for.



3.4.

The tenderers while quoting the tenders should give the following decl
aration:




“We agree to pass on such additional set
-
off/input tax credit as may become available in
future in respect of all the inputs used in the manufacture of the final product on the date of
supply under the VAT scheme by way of reduction in price a
nd advise the purchaser
accordingly”.



3.5

The suppliers while claiming the payment will furnish the following certificate to the
paying authorities;



“We hereby declare that additional set offs/Inputs tax credit to the tune of Rs.____ has
ac
crued and accordingly the same is being passed on to the purchaser and to that effect
the payable amount may be adjusted”.



3.6

Even for contracts where CST is payable, this input tax credit if admissible to the
Supplies where the supplier happens to b
e located in the State in which VAT has been
implemented. Accordingly the certificate under Para 3.5 above should also be obtained in
all such existing contracts where CST is payable.



3.7

For the states in which the VAT has not yet been introduced, t
he existing system of

sales tax shall continue.



3.8

Payment of Excise Duty on freight of input materials (HTS Wire, SGCI Inserts and

Special Cement) used in manufacture of concrete sleepers if legally applicable will be
reimbursed by the Purchaser.



3.8 (a)

The assessable value for calculating/paying E.D. is the basic sale price (even
including P&F charge etc.) applicable for the goods as being charged from the buyer.
Such sale price will have to include all elements of cost on the inputs includin
g freight etc.
As such the E.D. exemption on the freight element of input materials of Sleeper may not
be possible, as it becomes a part of the overall sale price of the sleeper being charged
from the buyer.


3.8 (b
)

The

CEN
VAT Credit on inputs depend on

the ED paid on such inputs. If the ED
is payable or paid on the fright element for such inputs also, then the suitable
CEN
VAT

23

credit should be claimed against ED on freight element and passed on to Railways if
excise duty has been paid and claimed for fr
eight reimbursement of these input
materials.



4. Raw Material, Machinery and Plant:



The responsibility for procurement of all raw materials, machinery and plants required for
the manufacture of goods shall rest entirely with the supplier.



4.1


Cement shall be procured by the contractor from the nominated primary/secondary
source and as per the rate, terms and conditions fixed by the purchaser with cement
suppliers. The contractor should always maintain a reserve buffer stock of cement
adequate

for at
-
least 2 months sleeper production.



4.2 HTS Wires shall be procured from the firms who are approved for manufacture of
HTS Wire by Bureau of Indian Standards and possess a current valid BIS License for
manufacture of the particular type of wire

i.e. 3 x 3 mm strand, 7/7.5 mm plain wire or 9.5
mm dia strand as the case may be.



4.3 SGCI

Inserts shall be procured from the firms who are approved by RDSO for the
manufacture of SGCI inserts and whose approval is current and valid. SGCI Inserts c
an
also be procured from ISO certified firms as per guidelines issued vide RDSO’s letter No.
QA/CT/INSP/CI/Policy dated 25.08.2008.





4.4 Aggregates shall be procured by the contractor from the RDSO approved
sources.



5. Octroi and Entry Tax:



Octoroi/Entry Tax, if legally leviable, on finished sleepers shall be paid by the purchaser.
On input materials, namely, Cement, HTS Wire, SGCI Inserts, etc, octroi, if payable, will
be borne by the contractor. However, entry tax on cement, HTS Wire an
d SGCI inserts
wherever applicable shall be borne by the purchaser.





24

6.

Inspection:


6.1
. Inspection

of finished sleepers will be carried out by the
purchaser’s

nominee at
contractor’s premises.




6.2.

Necessary office accommodation for th
e inspecting
officials

at the factory will have
to be made available by the contractor free of cost. Necessary transport facilities to and
from the nearby railway station and rest house accommodation shall be provided free of
cost to the inspecting
offici
al

by the contractor.



6.3.

The contractor shall be required to install and operate all necessary testing
equipment required for testing the sleepers, test cubes, brickets etc. as stipulated in the
IRS Specification for pre
-
stressed concrete sleepers
(Pretension type). The testing
equipment for the same must be available at factory site. In addition, the contractor shall
arrange at his own cost for any further tests on materials, as may be indicated by the
Engineer/Inspecting Officer, to be carried o
ut at recognized Material Testing
Centers/Institutes during the progress of manufacture of sleepers; even though, Test
Certificates for such materials are available.



6.4.

The passed sleepers, for which inspection certificates have been
issued

only sha
ll
be
dispatched
. Any damage to the sleepers in the process of loading
, transporting,
unloading and stacking at the consignee
shall be
on

contractor’s account.



6.5
.

PSC mono
-
block mixed gauge concrete sleeper which are treated for surface
defect shall
not be accepted.




6.
6
.

The testing of PSC sleepers and their subsequent acceptance should be in
accordance with the Standard Specifications of
these

sleepers (IRS T
-
39
-
85


3 rd
Revision May
, 1996) as amended up to date.



6.
7
.

Sleepers used for

tests, including abrasion test, and found as per specifications
and drawings shall be paid for by the Purchaser at accepted rates. Such sleepers paid
for shall remain the property of the Purchaser and will be disposed of in the manner
prescribed by the P
urchaser from time to time.




6.
8
.

Existing system of inspection in respect of SGCI inserts by RITES will
continue. RITES will charge only 0.45%
& Service

Tax as applicable towards the
inspection charges and the same will be reimbursed by the Railways
.



6.
9
.

I
nspection of HTS wire
will be done by purchaser

s nominee.

In addition to
this, periodical test checks by a JA grade officer to be stipulated by the
purchaser’s
shall

also be carried out.





25

7. Modification to Design:




In case purc
haser, a
t any stage, during th
e currency of the contract, dec
iding
to
make

minor
modifications to

the design of PSC Sleeper, the supplier shall modify the
moulds, manufacturing process, etc. to suit such minor modifications. The cost of such
modification
s will be negotiated
and mutually

settled and will be paid by the purchaser.


8.0.

Security Deposit:


This clause shall be governed as per Clause 0500 of Indian Railway Standard
Conditions of Contract subject to following.


8.
1

Safety Items

:

PSC sleeper
s

being procured under this tender is a

safety item
and hence the security deposit (SD) shall be taken from all the firms on whom order be
placed ir
-
respective of their status of registration with NSIC,
RDSO/PUs/CORE/Railway
s or other Govt. departments

e
tc for specific items for which
they are on approved list
. No exemption will be available to any tenderer for security
deposit
on

any account.



8.
2

The amount of security to be taken, wherever applicable will be 10% of the total
value of contract subje
ct to upper ceiling of Rs.10 lakhs for contracts valuing upto Rs.10
crores & Rs.20 lakhs for contract valuing above Rs.10 crores.


8.
3

On receipt of the Letter of Acceptance of tender from the purchaser the successful
Tenderer shall within a period of 14
days, deposit with the F.A.& CAO/Con,
N.F.Railway, Maligaon, Guwahati
-
781011, a sum as specified in the said letter as
security deposit for due fulfillment of the contract. The security deposit may be made on
any working day, except the first working day o
f the month, between 10
-
30 and 14
-
30
hrs. The Earnest Money already paid

if any

by the successful tender may be adjusted
towards payment of the security deposit provided the additional amount is paid in
anyone of the following
forms:


i)

Cash.

ii)

Government Secu
rities at 5% below the market value.

iii)

Deposit receipt of the State Bank of India.

iv)

Guarantee bonds executed by the State Bank of India or scheduled bank as
defined in the Reserve Bank of India Act of 1934 and provided the amount is within the
limit approved
for the Scheduled Bank by the Reserve Bank of India (Form of
Guarantee Bond for Security Deposit


Annexure
VI
II
). A written confirmation by the
concerned bank that the Guarantee Bond in question is genuine and has been issued
by the bank shall be required

in such situation which shall be done privately by the
Railways. If the bank fails to confirm the bank guarantee within a period of 15 days from
the date of issuing the letter to the bank, the bank guarantee shall be rejected and the
firm shall be asked t
o submit the security deposit only in cash or demand
draft
without
further delay (within further 15 days) failing which acceptance of the offer may be
withdrawn and action may be taken against the firm for not fulfilling the contract
requirement as per IRS

Conditions of Contract.

v)

Demand draft of State Bank of India or any nationalized bank.

vi)

A deposit in the Post Office Savings Bank.

vii)

National Savings Certificates.


26


NOTE

: Government securities and post office Savings Bank account shall be
hypothecated and d
ischarged in favour of the President of India represented by the FA
& CAO/Con/N. F. Railway, Maligaon, and Deposit Receipts, Guarantee Bonds and
National Savings Certificate etc shall be in the name of the FA & CAO/Con/N.F.Railway,
Maligaon, Guwahati
-
781
011. The Tenderers, tendering paper securities in any of the
forms specified under items (ii) to (Vii) above shall advise the Controller of
Stores/Con/N.F.Railway, Maligaon, Guwahati
-
781011 in good time regarding refund or
renewal of the paper securities i
n question, as the purchaser will not be responsible for
any loss of interest, if timely intimation for refund or renewal of the paper security is not
given to the purchaser.


8.4.

Security deposit should remain valid for a minimum period of 60 days beyond the
date of completion of all contractual obligations of supplier.


8.5.

The security deposit, if not adjusted fully or partly towards any breach of contract
or default on the part of supplier, will be released after three months of the date of
expiry of the deliv
ery period after verification for due fulfillment of the supplies
ordered within the currency of the delivery period of the contract.




9.

Dispatch:



9.1.

By Road transport up to Consignee site.



9.2.

The loading pattern shall be as per drawing
approved by the Purchaser. Hard
wood battens of 50 x 50 mm section shall have to be provided free of cost by the
contractor at both rail seats of each sleeper on every successive layers loaded road
vehicles, but contractor shall be at liberty to collect t
he wooden packing at destination at
his own cost; and no claim of shortage or damage would be entertained by the
purchaser.



9.3.

The contractor shall
promptly
arrange
transportation

of sleepers
in
his

own trucks
after its inspection
by purchaser nomin
ee who will issue inspection certificate for the
sleeper passed by him. Such certificate shall be admitted for the purpose of payment.



9.4.

The responsi
bility for damages or losses
during loading, transportation/unloading
and stacking

will be t
o the ac
count of the Contractor

only.




27

10. Delivery Schedule:




10.1.

The production

/ supply

shall
start after one month of the P.O. and to be
completed within 7 months on uniform rate at both the places
.


10.2.

If the contractor fails to deliver the st
ore within the delivery period as per contract
or as extended or at any time repudiates the contract before the expiry of such period
due to any circumstances whatsoever, save as provided in force majeure

Clause
1
5

,
the purchaser reserves the right to ca
ncel the contract for the balance quantity in whole
or in part and recover from him the liquidated damages as per Clause 1
7
. If, however,
the stores are accepted after the expiry of the period fixed for delivery, the purchaser
may grant an extension of th
e delivery period at it’s sole discretion
, subject

to the
following conditions:




(a) That the purchaser has the right to recover from the contractor the liquidated
damages in terms of clause 0702 of IRS Conditions of Contract on the stores,
which the c
ontractor has failed to deliver within the period fixed for delivery;




(b) That no increase in price on account of any statutory increase in or fresh
imposition of Customs Duty, Excise Duty, Sales Tax, Freight Charges or on any
account of any other t
ax or duty leviable in respect of the stores specified in the
contract, which takes place after the date of delivery period stipulated in the said
contract

shall be admissible on such of the said stores as are delivered after said
date;




(c) That not wi
thstanding any stipulation in the contract for increase in price on
any other grounds no such increase which takes place after the delivery date
stipulated in the contract shal
l be admissible on such of the stores

as are
delivered after the said date;




(d) But nevertheless the purchaser shall be entitled to the benefit of any decrease
in price on account of reduction in or remission of Customs Duty, Excise Duty,
Sales Tax or on account of any other ground which takes place after the expiry of
the above m
entioned date namely the delivery date stipulated in the contract.
The contractor shall allow the said benefit in his bills or in the absence thereof
shall certify that no decrease in price on account of any of these factors has taken
place.




28

1
1
.
Price Variation Clause:




1
1
.1.

The accepted rate will vary in accordance with the price variation formula as
detailed below in clause 1
1
.2 to take into consideration variation in prices during
execution of contract. Price variation will be worked out

by taking into consideration the
Indices/basic rates for the month of production.



1
1
.2. Pric
e Variation Formula:



P
1

=
Po/100 (
5

+
31 I
1
/Io +
2
3

L
1

/ Lo + 2
5

F
1

/ Fo + 1
6

W
1

/ Wo) + H
1

+ C
1



Where



P
1

=

Updated cost of sleeper

Po =

Accepted Cost Net of
CENVAT

-

(Ho + Co)

I
1

=
WPI for
Foundry Pig Iron during

Production Month as per Economic
Advisor, Ministry of Industry
web site

http://eaindustry.nic.in.

(
1 + Excise
Duty Rate of Foundry Pig Iron during production month)

Io =

WPI

for
Foundry Pig Iron during

base

Month as per Economic
Advisor, Ministry of Industry
web site

http://eaindustry.nic.in.

(
1 + Excise
Duty Rate of Foundry Pig Iron during Base month)

L
1

= All India Consumer Price Index for Industrial Labour during
Prod
uction Month,

as per Labour Bureau, Ministry of Labour web site
http://labourbureau.nic.in.


Lo = All India Consumer Price Inde
x for Industrial Labour during Base

Month, as per Labour Bureau, Ministry of Labour web site
http://labourbureau.nic.in.


F
1


= WPI for Fuel Power
,

Light and Lubricants for Production Month as
per Economic

Advisor, Ministry of Industry web site

http://eaindustry.nic.in.


Fo = WPI for Fuel Power
,

Light and Lubricants for
Base

Month as per
Economic Advisor, Ministry o
f Industry web site

http://eaindustry.nic.in.


W
1

= WPI for All Commodities during Production Month as per Economic
Advisor, Ministry of Industry web site

http://eaindustry.nic.in.


Wo = WPI for All Commodities during
Base

Month as per Economic

Advisor, Ministry of Industry web site

http://eaindustry.nic.in.


Ho = 10.
77

x Basic price per Kg. of Rashtriya Ispat Nigam Limited,
Visakhapatnam, ex
-
Visakhapatnam for High Carbon Wire Rod (7.0 mm
grade PC 115) + CST chargeable by RINL, during
Base

M
onth

H
1

= 10.
77

x Basic price per Kg. of Rashtriya Ispat Nigam Limited,
Visakhapatnam, ex
-
Visakhapatnam for High Carbon Wire Rod (7.0 mm
grade PC 115) + CST chargeable by RINL, during Production Month

C
1

= 59.12

x Basic Cement Cost Per Kg + CST, duri
ng Production Month

(irrespective of source of procurement)
.

Co

= 59.12

x Basic Cement Cost Per Kg + CST during
Base

Month.



1
1
.3. CENVAT



In the event of ‘CENVAT’ credit being extended by the Government of India to
more items than those already c
overed, the firm should advise the purchaser about the
additional benefits accrued or any variation thereof, through a letter containing the
following certificate, as may be considered necessary by the purchaser.


29



“We hereby declare that we can avail add
itional duty set
-
offs as per
latest CENVAT Scheme in force now and we hereby give a reduction of
….. per unit and agree to revise the prices indicated in the order. The
current excise duty of ………% is payable on the reduced price.
Therefore, we request you
to amend the order accordingly.”





1
1
.4. VAT Credit to be passed on to the purchaser:



Total VAT Credit to be passed on to the purchaser will be




V = N
1

x V
c

+ N
2

x V
H


+ N
3

x V
1

+ N
4

x V
o


Where

N
1

= Number of Sleepers produced by p
rocuring cement from within
the State during the month.

N
2

= Number of Sleepers produced by procuring HTS Wire from
within the State during the month

N
3


= Number of Sleepers produced by procuring SGCI Inserts from
within the State during the month

N
4

= Number of Sleepers produced by procuring Aggregate from
within the State during the month



VAT Credit for Cement Per Sleeper =
Vc




= (C
1

+ ED on C
1

) x CST Rate on Cement during Production Month

(to be passed to purchaser if the approved sourc
e is within the State in
which plant is situated. In case approved source of cement is outside the
State Vc will be Zero).



VAT Credit for HTS Wire Per Sleeper = V
H

= (H
1

+ ED on H
1
) x CST Rate on HTS during
Production Month



VAT Credit for Inserts Pe
r Sleeper = V
1

=

0.51

x Po
/100(5 + 31 I
1
/Io + 23 L
1
/Lo + 25 F
1
/Fo +
16 W
1
/Wo) x (1 + ED Rate on Inserts)

x
CST Rate
on
Inserts

during Production Month


VAT Credit for Aggregate Per Sleeper = Vo


=
0.07 x Po x W
1
/Wo

x
VAT
on Aggregate
during Pro
duction Month


VAT benefit shall be calculated on monthly basis and should be accounted for in PV
claim.


Documentary proof of the rates of VAT
payable

will be verified before such payments are
made.



1
1
.5.

In order to avoid blockage of funds till fi
nal escalation is worked out and paid on
the basis of indices for the month of production, the accepted price will be updated every

30

six months as per the above formula for escalation. First updating shall be done on the
basis of indices for the month of
purchase order

as soon as confirmed indices for the
month of
purchase order
are available. Payment for the supplies made shall be done at
the latest

updated price. The updated price will also include the payment towards
reimbursement of freight in trans
portation of various input materials as per the formula
in
Clause

12

below
.



1
2
. Payment of Freight on Input Materials:



1
2
.1.

In addition to the accepted rate, the cost of transportation of Inserts, HTS Wire
and Cement shall b
e reimbursed extra as under:



Freight = Freight (Cement) + Freight (Inserts) + Freight (HTS)



Freight (Inserts) =


Irrespective of location or number of sources from
where this item is procured, Railway freight for wagon load classification
durin
g the month of production from the nearest live source (which is in
production and capable of supplying the required quantity) of SGCI Inserts if
the material is drawn from the nearest source and if not

from the nearest
source, the a
ctual freight or the Av
erage freight of the nearest two sources
whichever is lower through the shortest possible rail route, irrespective of
actual size of the consignment.

If Railway

feels that it is necessary to
procure the material from the 3
rd


nearest source then the fre
ight
reimbursement shall be the actual freight or the average fre
ight of the nearest
source and 3
rd


nearest source, whichever is lower.

In case the material is
transported

by Road then the method of lead calculation will be as outlined
above, but rei
mbursement shall be made maximum upto
150%
of relevant

rail
tariff
or

actual Road freight,

whichever is lower.


Freight (HTS Wire) = Irrespective of location or number of sources from
where this item is procured, Railway freight for wagon load clas
sification
during the month of production from the nearest live source (which is in
production and capable of supplying the required quantity) of HTS Wire if the
material is drawn from the nearest source and if not from the nearest source,
the actual freig
ht or the Average freight of the nearest two sources whichever
is lower through the shortest possible rail route, irrespective of actual size of
the consignment.

If Railway

feels that it is necessary to procure the material
from the 3
rd


nearest source t
hen the freight reimbursement shall be the actual
freight or the average freight of the nearest source and
3
rd

nearest source,
whichever is lower.

In case the material is transported

by Road then the
method of lead calculation will be as outlined above,

but reimbursement shall
be made maximum upto
150%


of relevant rail tariff
or

actual Road
freight,

whichever is lower.


Freight (Cement) =

Railway freight for rake/wagon load classification
during the month of production from the nearest app
roved source of Cement
as fixed by the Railway through the shortest possible rail route.

For
reimbursement of freight, in case special cement is transported by road,
Railway Board’s instructions circulated under letter No. 90/Track
-
II/22/15/1
dated 12.2.1
991 and 89/Track
-
II/22/15/1 (Pt. B) dated 22.7.1991 will hold good
except that the road freight will be reimbursed at actuals subject to a ceiling of
“150 % in place of “120%” of the corresponding rail freight


31


1
2
.2.

For calculating freight under claus
e 1
2
.1 above, following weight of input materials
shall be considered

as tabulated below
:

Item

Weight per sleeper

Cement

53.75 kg

HTS Wire

8.9 kg

SGCI Inserts

12.4

kg


1
2
.3.

Total freight as calculated above shall be added to the accepte
d rate immediately
after the acceptance of tender on the basis of freight
applicable
for

the month of
opening of
tender
.

Further change in freight shall be accounted for at the time of
updating/escalation.



1
2
.4.

HTS Wire & SGCI Inserts can also be pr
ocured from any of the RDSO approved

sources, however, freight reimbursement shall be only for the nearest source.



13.

Payments:


1
3
.1.

The time to time interim payment towards supply of finished goods shall be made
at the updated rate inclusive of
freight

on input materials as per clause 1
2
. The final
payment would be made as per Escalated/De
-
escalated rate worked out on the basis of
Price Variation Clause (Clause
1
1
)

and Freight
on in
put material
s

as per

Clause
1
2
. All
payments will be made by the

FA&CAO/CON/N
.
F
.
RLY/
Maligaon/Guwahati

on

submission of bills in accordance with the procedure as detailed below:






1
3
.2.

90% of the
value

of each consignment

without transportation
charges

of finished
sleeper from factory to the consignee
will be pai
d after the PSC sleepers are inspected
and passed by the Purchaser on execution of Indemnity Bond

(as per enclosed
proforma) (

Annexure VI

)

for an equivalent amount by the contractor. In such cases
of 90% advance payments, a copy of the Inspection Cert
ificate shall be enclosed with
the bills. The contractor may submit the Indemnity Bond for 90%
value in one go

in lieu
of submitting several Indemnity Bonds for 90% of value of each inspected consignment.



1
3
.3.

Balance 10% of the
value

of each consig
nment

and transportation charges

of
finished sleeper from factory to the consignee
will be paid on
receipt and acceptance of
the sleepers by the respective consignees in good condition along with inspection
certificate

on

execution of Indemnity Bond
(as pe
r enclosed proforma) (

Annexure VII
)

for 25% of the value of stores supplied covering the warranty period as per warranty
clause. The contractor may submit the Indemnity Bond for 25% value of the entire value
of the contract in one go in lieu of submitti