Ser.indianrailways.gov.in



GOVERNMENT OF INDIA SOUTH EASTERN RAILWAYDivisional Office, Commercial Branch, RanchiTender Document for management of cycle/motor cycle/scooter/auto/car stand at Narkopi and Tangarbansli Railway station for a period of three (03)years.Tender Notice No.C.21/Parking stand Narkopi/2019.&Tender Notice No.C.21/Parking stand Tangarbansli/2019. Dated: 29.01.2020. NB: Individual Tender form with cost of tender form and GST against respective parking stand plus supporting document has to be submitted separately for each parking tender.-2-DISCLAIMERSouth Eastern Railway, Ranchi Division (herein after mentioned as “Railway”) does not make any representation or warranty as to the accuracy, reliability or completeness of the information in this Tender Document. Therefore, each Bidder should conduct their own investigations and analysis and check the accuracy, reliability and completeness of the information in this Tender Document and obtain independent advice from appropriate sources. The Bidder shall bear all its costs and associated with the preparation and submission of its Bid including expenses associated with any clarifications which may be required by Railway or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and Railway shall not be liable in any manner.Railway will have NO liability to any Bidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichment of otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with anything contained in this Tender Document, the award of the License, the information and any other information supplied by or on behalf of Railway or otherwise arising in any way from the selection process of the license.The issue of the Document does not imply that Railway is bound to select the Bidder or to appoint the Selected Bidder. Railway reserves the right to reject any or all of the Bids submitted in response to this Tender Document at any stage without assigning any reasons whatsoever. Railway also reserves the right to withhold or withdraw the process at any stage with intimation to all Bidders who have submitted the Bid.Railway reserves the right to change / modify/ amend any or all of the provisions of this Tender Document at any stage. Such changes shall be notified to all bidders who have bought the tender document.INDEXS. NoDescriptionPage No1Eligibility Criteria 32General InstructionsPart A:- Instructions to the bidders3 - 43General InstructionsPart B:-General terms & conditions5 - 134Scope, Special terms and conditions14 – 155Acceptance by tenderer to terms & Conditions166Tender Schedule177Bank guarantee and Mandate form18-20-3-ELIGIBILITY CRITERIAWhere the departmental value is less than Rs. One Lakh for cycle/two wheeler/ three wheeler/ four wheeler parking contracts through open tender , Earnest money deposit and eligibility criteria will not be workable. Only Security deposit will be deposited within 15 days from the date of issue of Letter of Acceptance (LOA). Period of contract Period of Contract for 03 years. On completion of 03 years contract period the contract may be extended for further period of 06 (six) months only.GENERAL INSTRUCTIONSPART A:-INSTRUCTIONS TO THE BIDDERSIndian Railway standard general condition of contract November 2018 and correction up to-date are binding on the contract and shall form part and parcel of the contract unless otherwise stated in the special conditions and specifications in the tender papers. Indian Railway standard general conditions of contract November 2018 can be downloaded from web site ser..in. The tenderer/ tenderers shall quote his/their rates (offers) in the prescribed space given in the Tender Schedule/document.Tender received after the stipulated date and time will not be considered.Tenders containing erasures and alterations of the Bid Documents shall be summarily rejected. Any corrections made by the tenderer/ tenerers in entries other than the Bid Documents must be attested by him/them.Any submission of a quotation by the tenderer shall be deemed to have been done after a careful checking and understanding of the tendered area, offered site and conditions.The tender(s) shall not take any advantage of any misinterpretation of the conditions due to typing/writing or any other error and in case of any doubt it shall be brought to the notice of the Administration, without delay. No claim for the misinterpretation shall be entertained.If the tenderer(s) deliberately give(s) wrong information in his / their tender and create(s) circumstances for the acceptance of his / their tender through such false information, the Administration reserves the right to reject such tender at any stage duly forfeiting Security Deposit.8.Railway reserves the right to accept or reject any bid, to cancel or modify the process or any part thereof, to vary any of the terms and conditions, and/or to annul the bidding process and reject all the bids, at any time during the bidding process, without thereby incurring any liability to the affected bidder (s) or any obligation to inform the affected bidder(s) of the grounds for Railway’s action.9.The tenderer shall hold the offer open for a minimum period of 90 days from the date of opening of the tender. After submitting the tender, the tenderer will not rescind from his offer or modify the terms and conditions thereof. 10.The onus of establishing the credentials of the tenderer(s) and document submitted lie with the tenderer. However, Railway Administration reserves the right to verify the contents of documents uploaded, affidavit from the department concerned either before the award of, or during the currency of the contract. Furnishing of false document, affidavit would automatically lead to termination / cancellation of the tender / contract including forfeiture of security deposit and initiation of legal proceedings against the Tenderer / contractor as per affidavit.-4-11.All pages of the Tender, where entries or amendments have been made shall be initialed and dated by the person or persons signing the Tender.12.The tender inviting authority may, at his discretion, extend the deadline for submission of Tenders by issuing an amendment/corrigendum, in which case all rights and obligations of The tender inviting authority and the Tenderer previously subject to the original deadline will there after be subject to the deadline as extended. 13.Documents submitted in Tender submission shall contain no alterations, omissions or Additions , except those to comply with instructions issued by the tender inviting authority, or as necessary to correct errors made by the Tenderer, in which case such corrections shall be initialed and dated by the person or persons signing the Tender form before submitting.14.Tenderers are allowed to make payments against this tender towards tender document cost and 18% GST on the cost of tender form through Manual payments i.e. Demand draft , Banker cheque , deposit receipt etc. are allowed. -5-GENERAL INSTRUCTIONS PART B:-GENERAL TERMS & CONDITIONSSenior Divisional Commercial Manager, South Eastern Railway, Ranchi Division, Ranchi, on behalf of the President of India, invites tender for the management of Cycle/ Motor cycle/Scooter/Auto Rickshaw/Car stand at Narkopi/Tangarbansuli Railway station for a period of 03 (three) years.Cost of Tender Form: The tenderer has to pay an amount of Rs.1180/-(including GST@18%) towards cost of tender form.The Railway Administration reserves the right to accept / reject any or all the bids received, without assigning any reason thereof.I) Contractor should have a valid PAN Card in the name of firm/individual who is the applicant of the case. Copy of the PAN Card is to be submitted.ii) Contractor should have an address proof i.e Aadhar Card/ voter Card/Bank Pass book details. Copy of address proof is to be submitted. iii)The contract period is 03(three) years reckoned from the date of commencement of the contract. The tender form should be on the prescribed format only, downloaded from the website ser..in and also obtainable from the office of Sr.DCM/Office, Hatia, S.E.Railway, Ranchi-834003 on any working day between 10:00hrs from 04.02.2020 to 12:00hrs of 05.03.2020. Tender will be opened on 05.03.2020 at 15:30hrs.The Railway Administration shall not be responsible for any transactions between tenderer and any third party in any manner or liable for consequential damages or compensation or binding to any conditions what so ever. The tenderer shall be responsible to indemnify the Railway Administration in case of any damages claimed for any injury or what so ever sustained by any third party or Railway personnel of any act of omission or commission by the contractor or his agents or found vicariously liable to compensate by any authority or court of law. The amount as falling due on such claims or as per agreement clause may be lawfully recoverable from his security deposit.The licensee shall allow the Railway Administration free access at all time, to the said land and shall whenever so requested by the Railway Administration forthwith pull down or replace any structure which the Railway Administration shall consider to be improperly situated.The offer is valid for a period of 90 days from the date of opening of tender. The Railway Administration reserves the right to extend the validity of offer at its discretion, if necessary. 9. Address for communication: Sr. Divisional Commercial Manager, S.E. Railway, DRM’s office compound, Hatia for any clarification the tenderer can contact at the above address personally 10:00 hrs to 18:00 hrs on any working day. 10. Cost of tender form: -The tenderer(s) must have to deposit prescribed amount of money towards cost of tender form and GST @ 18% on cost of tender form through demand draft, banker's cheque, deposit receipt, etc. are allowed. Cost of tender form is not refundable. 11.Submission of bid: -The tenderer(s) should quote his/her/their bid value [i.e. yearly reserve price he/she/they offer(s)to pay] on the Tender Schedule. The tender committee will be empowered to consider the offer(s).12.(i)License Fee:-The bid value quoted by the tenderer(s),will be taken into consideration for calculating the yearly license fee (excluding GST)for Ranchi two, three and four wheeler parking contract. The contractor(s) have to pay GST & TCS on said license fee as per extent rules. The selected contractor will pay advance license fees for first quarter (first three months) within 15 (fifteen) days from the date of issue LOA (letter of acceptance).13.The licensee shall comply with all the provisions of - Minimum wages Act, Payment of wages Act, Factories Act, PF Act as well as other labour laws made there under and will also comply with the provisions of the Indian Railways Act and the rules made there under from time to time. -6-(ii)The Licensee/Licensees shall during the continuance of this license pay to the Administration for the use of said premises under the conditions of this license and pay the license fee and GST @18% as applicable plus TCS @ 2%.The Licensee/Licensees shall also duly pay during the continuance of this license all cesses, rates, water-charges, taxes and other charges of taxes of the said premises or proportion of all cesses, rates, water-charges, taxes and other charges of taxes of the said premises if Administration deem they are not separately assessed in respect thereof and as may be intimated to the licensee/licensees and any neglect of omission on the part of the servants of the Administration in giving such intimation to recover such charges of taxes shall not prejudice and right of the Administration to recover the correct amount of such charges or taxes due from the licensee/licensees from the date of occupation by him/them of the said premises. The cess and other charges will be payable annually with 1st installment while the license fee will be payable in quarterly installments every year. The quarterly license fee so worked out will be rounded off to the nearest rupee and will be payable as per following programmed /plan: The licensee(s) will, if so permitted by the administration, pay the license fee recoverable in quarterly installments payable as under:- 1st Installment by the 1st (month) ----- 2nd Installment by the 1st (month)--- of each quarter during 3rd Installment by the 1st (month)----- the currency of the contract. 4th Installment by the 1st (month)----- 5th Installment by the 1st (month)----- 6th Installment by the 1st (month)-----(iii) Payments of license fee and penalty:- Licensee shall make payments of license fee on or before 10th day of the first month of each quarter (i.e. every three months) during the period of contract irrespective of the date of allotment of the contract. Besides this the contractor shall be liable to make payment of penalty if the due license fee has not been paid by the 10th day of the first month of each quarter. If the Licensee/Licensees delay the payment of amount, the Administration after giving a grace period of 7 (seven) days will have the liberty to impose penalty @ 1% (one percent) of the amount due for delay of payment by7(seven)days or part there of. In case of the failure of payment of license fee by the licensee in terms of above paraSr.DCM shall issue 7(seven) days’ notice for termination of contract and if the party fails to respond within 7(seven) days of such notice, 48 (forty eight) hours’ notice for termination of contract and for clearance of premises shall be given to the party by Sr.DCM with prior vetting of associate finance. (iv)Complaints should be dealt as under:- 1st instance = Warning issued. 2nd instance = Rs.5000/- fine. 3rd instance = Rs.10,000/- fine. 4th instance = Termination of contract by forfeiting Security Deposit. (v)In case of termination of contract by Railway Administration due to clauses detailed in 12.(iii) and 12.(iv) , the contractor shall be debarred from participating in future tenders of the divisions. 13.Security Deposit:-Successful tenderer shall have to deposit Security deposit after adjusting earnest money in the form of fixed deposit receipt (FDR)/Demand Draft/Bank Guarantee equal to 5% of the total contract value. Validity of the FDR/BG should be up to 02(Two) years to cover extended time in case of contract being extended for three months after stipulated date of completion. The said security deposit is to be deposited by the selected tenderer within 15(fifteen) days from the date of receiving of the " Letter of Acceptance". If the selected tenderer fails or refuses/refuse to deposit security money within 15(fifteen) days from the date of receiving of the "Letter of Acceptance" the "Railways" shall be entitled to forfeit the earnest money and the Railway Administration -7-reserves the right to deal with the matter as may deem fit. Security deposit shall be returned to the contractor only after receiving the certificate mentioning that the contractual period has been completed successfully in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned from the competent Authority. No interest will be paid on the said security deposit.14.(i)Performance Guarantee:-Performance guarantee amounting to 5% of total value in the form of BG should be obtained in order to ensure and safeguard Railway's interest. In case of failure of the contractor, Performance Guarantee should be chased and credited to Railway revenues.(ii)The successful bidder shall have to submit a Performance Guarantee (PG) within 30(thirty) days from the date of issue of Letter of Acceptance (LOA).Extension of time for submission of PG beyond 30(thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contract or shall be debarred from participating in re-tender for that work.15.The agreement, deposition of Security Deposit and Advance license fees for first quarter shall be executed/made within15 days of issue of LOA. Non-compliance with any of the conditions set forth herein is liable to result in the tender being rejected.16.The authority for the acceptance of the tender will rest with the railway administration, which does not bind itself to accept the lowest or any other tender nor does it undertake to assign reasons for declining to consider any particular tender or tenders.17.The successful tenderer/ tenderers shall be required to execute agreement with the President of India acting through the Divisional Railway Manager (Commercial)/South Eastern Railway/Ranchi for carrying out the work and Indian Railway standard general condition of contract November 2018 and correction up to-date, special conditions/specification annexed to the tender.18.Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he entered in the tender form are adequate for the completion of work to the entire satisfaction of the railway administration.19.For settlements of disputes & Arbitration, provision of relevant clauses of Indian Railway standard general condition of contract November 2018 with up-to-date correction slip will be followed.20.Variation in contract will be governed as per provision made in general condition of contract November 2018 with up-to-date correction slip will be followed.21.Any unsatisfactory performance in running parking lot will be treated as breach of the contract and necessary action will be taken as per general condition of contract. The Railway Administration reserves the right to terminate the contract by issuing three months prior notice for unsatisfactory performances. The decision of unsatisfactory performances solely rest with the Agreement executing Authority. If the successful tenderer fails to deposit the amount of security deposit amount and advanced license -8-fees for first quarter to execute an agreement within 15 days of the intimation of the same, his earnest money will be forfeited by the Railway on behalf of President of India and the acceptance of his tender cancelled.22.The Security deposit and the performance guarantee for the successful tenderer will be retained till completion of the work and settlement of claims after which it will be returned less any account recoverable under the terms of the contract agreement. No. dues certificate issued by Station Manager will be required for release of security money.23.In case of default of payment of any dues the Railway Administration reserves the right to terminate the agreement and adjust the dues against the security deposit, after giving due notice.24.There shall be surprise checks on the service being provided by licensee. The licensee shall be liable to pay such penalty as administration may decide for complains against the licensee for overcharging etc. without prejudice to the other remedial measure which may be available under the agreement. The licensee shall be liable to pay at the sole discretion of the administration a penalty for any action in the contravention of the clause of the agreement of such amount as may be imposed by the administration.25.The Tenderer should confine his work with in the allotted space and any deviation or complaint of deviation will be treated as 'breach of contract'. He should avoid public complain to any account and will be responsible to produce himself for his staff whenever necessary for enquiries.26.IntheeventofanyCycle/Motor cycle/Scooter/Car/Auto-rickshaw being lost or delivered to person other than the owner or any damage caused to any Cycle/Motor cycle/Scooter/ Car/Auto rickshaw while in the custody of the contractor or his agent, the contractor shall be required to settle the dispute by payment of compensation, if necessary. If the railway is also made party to the claim and if the railway is required to pay any compensation as per Court's order the railway shall reserve the right to recover the amount from the contractors including legal expenses for the defense of the case , from his security deposit, if necessary.27.The rate of parking charge for each Cycle/Motor cycle/Scooter /Auto Rickshaw/ Car shall be collected uniformly as under:- RATE FOR TWO, THREE AND FOUR WHEELER PARKING:-Name of the Vehicle For 06 hrs or part thereofFor additional 06 hrs or part thereofPer CycleRs.05/-(Rate Rs.4.23p & GST.Rs.0.77p)Rs.02/-(Rate Rs.1.69p & GST. Rs.0.31p) Per Motor Cycle & Scooter.Rs 10/-(Rate Rs.8.47p & GST.Rs.1.53p)Rs.05/-(Rate Rs.4.23p & GST. Rs.0.77p)Per Auto rickshawRs.15/-(Rate-Rs.12.71p, GST-Rs.2.29p )Rs.10/-(Rate-Rs.8.47p, GST-Rs.1.53p )Per CarRs.20/-(Rate-Rs.16.94p, GST-Rs.3.06p )Rs.15/-(Rate-Rs.12.71p, GST-Rs.2.29p )N.B:- (i) The Rates are inclusive of GST for parking charges.(ii)The contractor should display parking rate at proper location so that it can be visible. The contractor will not charge any fee more than that fixed by the Railway.-9-28.Contractor shall issue machine printed receipt with GSTIN number to vehicles entering pick and drop area mentioning the time of entry. Vehicles detaining in the area for more than 05 (Five) minutes will be charged as per rule. All efforts shall be made to keep pick and drop area free from congestion and vehicles shall not be generally allowed to be parked there. Notwithstanding anything contained herein railway administration may take necessary action for ensuring smooth movement of vehicles in pick and drop area.(a)The contractor should have provision of Hand Held Terminal for issue of computer generated slip with GSTIN number printed on it. (b)The contractor should have provision of payment of parking charge through digital means like him app and POS machines for non-cash transactions.29.The contractor should display parking rate at proper location so that it can be visible. The contractor will not charge any fee more than that fixed by the Railway.30.To ensure charging of prescribed rates for parking vehicles in parking stand, licensee/licensees should give printed coupon for vehicles which shall clearly depict the name/identification of parking lot, date and time of issue of coupons, the name of the contractor, Sr. Number on coupons with counterfoils and amount charged for coupon/monthly pass for vehicles stand, as the case may be, to avoid public complaint for overcharging.puterized machine generated parking slip to be introduced at Narkopi and Tangarbansli railway station for Auto Rickshaw/Car at the entry gate. The parking slip indicating the date and time of parking vehicle number and parking rate in different slabs, etc. and money should be collected at the exit gate at the time of departure. In case of non existence of proper entry and exit gates, the parking contractor may issue parking slips through the hand held terminals which should show the date and time of parking, vehicle number and parking rates in different slabs. The cost of all equipment’s required for issuing computer/machine generated parking slip to be borne by the parking contractors.32.The Licensee/Licensees shall appoint reliable and honest staff in adequate number and only such as are able to control the traffic and one of good moral character and shall furnish their names to the Administration. The staff of parking contractor shall wear specified uniform at their own cost and also in possession of on duty ID card issued by Divisional Authority.33.The Licensee/Licensees shall be solely responsible for safe Custody of vehicles parked with him/them and for any loss or damage caused to/of any vehicles in his/their custody and shall indemnify the Administration against all claims/demands/action in respect of any loss or surcharge caused of/to any vehicles in his/their custody.34. The Licensee/Licensees shall at all times maintain good behavior and shall not allow the doing of any such act on the premises which might cause injury or annoyance to others or as might tend to cause a breach of peace.35.(a)The area for the stand is approximately 900 Square meter(30m x30m) area of Railway land will be sited on the Railway premises at Narkopi. (b) The area for the stand is approximately 750 Square meter(30m x25m) area of Railway land will be sited on the Railway premises at Tangarbansli.36.The authorized licensee may erect temporary structure of 6'x 6' area on the demarcated railway premises on his own cost and on the immediate expiry of the license the contractor shall immediately leave the said premises and vacate and made over the -10-stand to the Railway in the same state and conditions as it was at the time of taking over from the railway within 48 hrs at his own cost. If the licensee fails to vacate the same within stipulated period railway will vacate the land and the cost of which will be deducted from the security deposit.37.The contractor will not sell or sublet the right granted by this contract to any other person or persons and any violation of these terms will render the contract liable to be terminated without giving any notice in addition to the liability of forfeiting the security deposit.38.The contract would be monitored by Sr. DCM/ DCM /ACM, S.E.Railway/Ranchi on behalf of the President of India.39.If the work is cancelled before the commencement or terminated during the execution in accordance with the prescribed conditions, the Divisional Railway Manager, S.E.Railway/Ranchi reserves to himself the right to cancel the tender/contract and invite fresh tenders for the works.40.If the contractor becomes insolvent during the tenure of the contract, the contract will be terminated by the Railway and the Tenderer may be blacklisted.41.License fee as notified by the Railway from time to time will be paid in respect of Narkopi and Tangarbansli station.42.That the accepted Contractor should work under Divl. Railway Manager(Commercial) /Sr. Divl. Comml. Manager /Divl. Comml Manager /Asstt. Comml. Manager of Ranchi Division or any other officers or subordinates authorized by him directly and should Not correspond contract and to work without his acknowledge. 43. (A).Payment of Statutory charges: All the Taxes payable to the local Government / Local Bodies ie. Municipalities, Panchayats as levied by them has to be Paid by the licensee. (B).Payment of GST/TCS: The contractor have to pay in addition to license fee, GST@18% and TCS @ 2% as per extant rule and as modified by Ministry of Finance as intimation to Railway Administration.44. Guard Against Malpractices:(i)The Contractor should not exceed the area allotted to him and restrict the parking activities with in it.(ii)The licensee should issue machine numbered receipt for each vehicle with mention of date. He must procure the return receipts for verification by inspecting authorities on demand.(iii) The staff of the licensee should submit police verification certificate in prescribed format.(iv)The staff of the licensee should wear uniform with identity card issued by the contractor with counter signature of SMR so as to be identified easily.45. FORCEMAJUREIn the event that any of the Parties here to finds unable, by reason of a case of “ Force Majeure” to carry out its obligations here under in whole or in part, the obligation of such Party to the extent that they are affected by such “Force Majeure” shall be suspended as long as impossibility so caused shall last but not thereafter. The adverse situation created by such “Force Majeure” shall be remedied as far as possible, with reasonable is patch.-11-The term “Force Majeure” as used here in shall mean any Act of God and any event, whether accidental or not, beyond the will and control of the Party affected by such event (but not necessarily unpredictable) such as war, whether declared or not, riot, insurrection, civil commotion, sabotage, strikes, lockout, or other disturbance,accident, fire, earth quake, flood explosion, damage to plant or installations, epidemic, quarantine restrictions, absence of the usual means of transport and embargoes, the occurrence of which event could not have reasonably by fore seen or provided for by a man of common prudence exercising due diligence together with the steps taken by it to avoid or minimize the adverse effect of such Force Majeure event, as also the cessation of such event.(iii)The party affected by “Force Majeure” shall have notice thereof to the other party setting forth all necessary particulars concerning the giving of the said notice, obligations of the Party giving such notice shall be suspended as said above and the Parties shall consult together with the view to determining mutually acceptable measure to overcome the difficulties arising there from.46.Transferoflicense:-Under no circumstances licensee can transfer the license. 47.Indemnity:Railways shall have no financial or legal or any other liability for issues/claims raised by any third party regarding the service rendered by Licenses.The Licensee shall also keep Railways harmless and indemnified at all times against all claims demands, suits, losses, damages , costs, charges and from all expenses whatsoever which railways may sustain or incur by reasons or in consequence of an injury, loss to any person or to any property resulting that directly or indirectly for any reason whatsoever or in consequence of the exercise by Licensee or its servants of any of the liberties and licenses hereby granted or the non-observance or non-compliance by the Licensee or its servant of any clauses referred to herein.The Licensee shall also indemnify railways at all times against all claims which may be made under the workmen’s compensation Act, 1923 or any statutory modifications thereof otherwise for or in respect of any damages or compensation payable in consequence of any accident or injury sustained by it or its workmen and employees.The Licensees may also indemnify railways against all claims made by any third party against it arising from violation of any other laws of the land for the time being in force. 48. FUTURE RESTRICTIONS:-Any restrictions as may be applicable in future by virtue of enactment of any new Act, amendment in any existing Acts/Regulations/Rules/Bye-laws etc and the restrictions as may be imposed by any Hon’ble Court shall be applicable upon its coming into force. The Licensee/agency upon communication of such restrictions shall take appropriate steps including of entire structure to ensure observance of such restrictions.49.Contract Labour Act 1970:Provision of Contract Labour (regulation & abolition) Act, 1970.The successful tenderer shall comply with all the provisions of contract Labour (Regulation & abolition) Act, 1970 and any subsequent amendment thereof and the rules made there under. Tenderer will indemnify the Railway Administration for any loss or damage suffered by it due to violation of its provisions.-12- 50. Workmen’s Compensation Act:The successful tenderer shall keep the Railway Administration indemnified and completely absolved of any risk, damage or loss howsoever caused, due to any kind of disturbance affection the successful tenderer’s property or their personal under employment or otherwise engaged by them in discharge of their duties connected with the display of advertisements. This would include claims under the Workmen’s Compensation Act and for losses suffered by third parties because of advertising material causing damage in the process of dismantling or accidental fall. The Railway Administration accepts no responsibility for any loss/ damage of advertising materials belonging to the successful tenderer no matter howsoever caused. 51.Consumer Forum Cases:During the period of contract if any consumer case arises due to any reason concerning the activities of the successful tenderer, the liability will rest with the successful tenderer. Any amount paid by the railway Administration by way of compensation / charges / expenses in this connection will be considered reasonable and will have to be reimbursed by the successful tenderer to the Railway Administration immediately on demand . The successful tenderer should indemnify the railway Administration towards any compensation or orders or award under the Consumer Protection Act. The successful tenderer shall be responsible for the observance of the provision of Hours for employment regulation Act. Payment of wages Act or any other Act. pliance of various Acts:The responsibility to comply with the provisions of various labour laws of the country shall be that of the Successful tenderer. Successful tenderer shall specifically ensure compliance of various laws/Acts, including but not limited to with the following and their re-enactments/amendments/ modifications:The payments of Wages Act 1936.The factory Act 1948.The Workmen Compensation Act, 1923.The Employees Provident Fund Act and miscellaneous Act, 1952.The Contract Labor (Regulation and Abolition) Act 1970 Rules 1971.The Payment of Bonus Act 1965.The Payment of Gratuity 1972.The Equal Remuneration Act 1976.The Employees State Insurance Act 1948.The Industrial Disputes Act 1947.The Employment of Children Act 1938.The Motor Vehicles Act 1988 along with GSRM 728-E dated 18/10/98.The Hours of Employment Regulations.Regulations of Employment and welfare Act 1969.The Successful tenderer shall fully indemnity the Railway Administration against all the payments, claims and liabilities whatsoever incidental or directly arising out of or for compliance with or enforcement of the provisions of any of the labour or other laws to the extent they are applicable to establishment/work in Railway Administration facility. -13- 53. This license shall be governed by the Laws of the land (India) for the time being in force.54. ARBITRATION:- Settlement of disputesA) All notices, communications, references and complaints made concerning the works shall be in writing. Notices, communications, reference or complaints not in writing shall not be recognized. B) If not provided otherwise in the agreement all notices to be given by the Railway Administration and all other to be received on its behalf may be given or taken by the Senior Divisional Commercial Manager/Ranchi or any other officer for the time being entrusted with the functions, duties and powers of the competent authority.C) In the event of any question, dispute or difference arising under these conditions or in connection with this contract (except as to any matters the decision or which is specially provided for by these conditions) the same shall be referred to the arbitration of the Arbitrator, SOUTH EASTERN RAILWAY to be appointed by General Manager, SOUTH EASTERN RAILWAY. The award of the Arbitration shall be final and binding on the parties to this contract.D) It is further a term of this contract that no person other than appointed by the authority as aforesaid should act as Arbitrator.E) The cost of the arbitration shall be borne by the respective parties. The cost of arbitrator shall inter alia include fee of the Arbitrator, as per the rates fixed by the Railway Administration from time to time.F) Where the award is for 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.G) Subject as aforesaid, the Arbitration & Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause.H) The venue of arbitration shall be the place from which the acceptance letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine.I) In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manner aforesaid.55. JURISDICTION:- In case of any dispute, any suit, petition, reference or other filing shall be subject to exclusive jurisdiction of the Court of Ranchi city in India. -14-Scope of work and Special Terms & Conditions of Contract for works of Management of cycle/motorcycle/Auto Rickshaw/Car stand at Narkopi and Tangarbansli Railway station for a period of 03(three)years1. The work pertains to Management of cycle/motorcycle/Auto Rickshaw/Car stand at Narkopi and Tangarbansli Railway station for a period of 03 three) years.2. The contractor shall deploy 01 persons per shift X 01 shifts i.e. 01 persons per day.3. The rates as prescribed above shall be charged for parking of the vehicles. In nocircumstances, contractor may charge anything extra than the prescribed rates asmentioned above. In case of any complaint regarding over charging the fines shall beimposed as under:NumberInstancesAmount of fine 1.Forthe1stinstanceWarning letter is to be issued. 2.For the 2nd instanceFine of Rs.5,000/- 3.For the 3rd instanceFine of Rs.10,000/- 4.For the 4th instanceTermination of contract by forfeiting Security Deposit. The agreement is liable to be terminated in case of repeated in stances of overcharging, complaints, nonpayment of license fee and nonpayment of penalty. Sr.DCM/RNC shall be the final authority to determine the same. 4. EPF, ESI,GST & Labour license/ Labour registration being ensured along with Tender Form. 5. The Tenderers who are debarred /blacklisted in the past not to be entertain to participate in the Tender.6.Except as hereby otherwise provided, a verbal or written arrangement abandoning, varying or supplementing this contract or any of the terms here of shall not be binding on the Railway Administration unless and until the same is endorsed on this agreement or incorporated in a form all instrument and signed by the parties hereto.puterized machine generated parking slip to be introduced at Narkopi and Tangarbansli railway station for Auto Rickshaw /Car at the entry gate. The parking slip indicating the date and time of parking vehicle number and parking rate in different slabs, etc. and money should be collected at the exit gate at the time of departure. In case of non-existence of proper entry and exit gates, the parking contractor may issue parking slips through the hand held terminals which should show the date and time of parking, vehicle number and parking rates in different slabs. The cost of all equipment’s required for issuing computer/machine generated parking slip to be borne by the parking contractors.8.Subject as otherwise provided in this agreement, all notices to be given on behalf of the President of India and all other actions to be taken on his behalf may be given or taken by the Chief Commercial Manager/South Eastern Railway/ Divisional Railway Manager/Ranchi. Senior Divisional Commercial Manager, South Eastern Railway/Ranchi.9.The contractor will have to execute agreement with the Administration normally within 15 days of issuing of the Letter of Acceptance and prior to this requisite security deposit should be submitted by the contractor.-15-10.The contractor shall abide by and comply with the provisions that “ If the notice for appointing of an arbitrator is not served by the contractor within three years from the date of the termination of this contract, the right to refer any dispute under this agreement will cease to exist and will be of no effect” says as modified herein.11. The contractor shall ensure due quarterly Medical Checkup of all its personnel employed for carrying out the work and the medical fitness certificate have to be submitted for railway record. Railway reserves the right to refuse work by a particular labour if he/she is found to be suffering from any infectious diseases and not fit to carry out the duties. They shall not be allowed to perform duties till recovery from the diseases as a precautionary and preventive measure.12. The contractor shall be the in dependent employer of his staff and all personnel employed or engaged by the contractor at his own cost and expense to carry out the agreed work under this contract shall be his employees and not of the Railways. No free pass or privilege ticket order or residential card pass will be issued to the contractor or any of his staff and they them selves shall meet the expenses for coming to and return from the place of work. All director in direct costs and obligations pertaining to employment of specialized man power shall be borne by the contractor himself.13.The contractor shall not violate the provision of the minimum wages act as well as other statutory state and central labour laws. Violation of these shall lead to automatic termination of the contract without assigning any reasons.14.The contractor must hold the licenses/ registrations required from State/Central Government as the case may be. He shall maintain Register of muster Roll, Register of wages, Register of fines, Register of deduction of damages/Loss, Register of over time at the work place. The contractor shall pay minimum wages to the workers as notified by Central Labour Ministry from time to time and comply with all mandatory requirements under Labour Laws.15.The submission of a tender by a tenderer shall be deemed to imply and taken as indicating that he/she has read, understood and abides by all the conditions stated therein and General Conditions of Contract, special conditions of contract including correction slips there to up to the date of opening of Tenders.16. No alteration by death, resignation, addition or other wise of to the contractor/partners constituting the contractor/ firm shall vitiate or affect this Agreement by the contractor’s heir or heirs/ partners of the firm for that time being, shall be absolutely bound by the terms here of in the same manner as if he/ they had been the sole or original party/parties hereto.17. If at any time the contractor becomes insolvent or files an application for insolvency orAny creditor of his moves the court for adjudicating him as an in solvent or if he isConvicted in any Court of Law, the Railway Administration will have the absolute option ofterminating this agreement forth with and the contractor shall have no right for damagesor compensation on this accounts. *****-16-ToSr. Divl. Commercial ManagerS.E. Railway, RanchiFor & on behalf of the President of India. The conditions noted above have been read, understood and accepted by me/us.Dated:………………….. Signature of the tenderer Name:……………………………………….. H.No………………………………………….. Village:………………………………………. PS:…………………………………………….. PO:…………………………………………….. Dist:…………………………………………… …………………………………………… Moble No……………………………………..-17-ToThe President of IndiaSOUTH EASTERN RAILWAY COMMERCIAL DEPARTMENT RANCHI DIVISION TENDER SCHEDULEActing through the Sr. Divisional Commercial ManagerSouth Eastern Railway, Ranchi P.O. Hatia, Dist. Ranchi Jharkhand, Pin-834003.Dear Sir,Name of work: Management of Cycle / Motor cycle / Scooter / Auto Rickshaw / Car stand at ………………. Railway station for a period of 03(Three) years against tender Notice No.C.21/ Parking Stand …………………………………… /2019, Dated. 28 .01.2020.----Further to my offer showing the technical aspect of the offer as submitted in Tender Packet for technical scrutiny of the Railway , I quote the rate as payable by me, which are as follows:-Srl. No.Description of workDepartmental value of Ist yearRate of license fee to be quoted by the tenderer for Ist year at……………………… Railway station.1.Management of Cycle/Motor cycle/Scooter/ Auto Rickshaw/Car stand at Narkopi / Tangarbansli Railway station for a period of 03(Three) years.For Narkopi :Rs.77,531 /- (Rupees Seventy seven thousand five hundred and thirty one only) + @ 18% GST and 2% TCS.-------------------------------------------For Tangarbansli :Rs. 16,143/-(Rupees Sixteen thousand One hundred forty three only) + @ 18% GST and 2% TCS.In figure Rs :………………………………In words – Rupees ………………………………….. …………………………………………………………. …………………………… + @ 18% GST and 2% TCS. on the license fee.NOTE:- Name of the station should be clearly filled as given above with quoted offer value.The tenderer can quote his rate above on the departmental tender value (earnings), after making self- assessment, giving due consideration towards total expected earnings and total expenditures to be incurred by tenderer.2. Duration of the contract – three (03) years. The rates tendered in tender schedule are in full satisfaction of all the terms and conditions of the agreement, which have been read and understood by me / us carefully. In case I am / we are awarded with the contract successfully. I/ we will abide by the terms and conditions of the contract agreement to be executed at the time of undertaking the contract. 3. Incomplete tender shall be liable for cancellation and railway reserves right to accept or reject any or all the tender applications without assigning any reason thereof and is not bound to accept the highest tender.4. The rates quoted in the tender schedule should be clear & no overwriting. Any correction must be attested by the tenderer. 5. Tender form must not be sent by post./Regd. Post. 6. Electric/Water charges fixed by Sr.DEE(G),S.E.Railway/ADEN(works), S.E.Rly.,Ranchi if required will be payable by the contractor.Date:Yours faithfullySignature of TendererName……………………………. Address H.No.……………………… ……………………………. ……………………………. Mobile No. …………………………..-18-MODEL FORM OF BANK GUARANTEE BOND Name of the Bank with full Address:-To.The PFA S.E.Railway, Garden Reach, Kolkata Bank Guarantee No:-Date of Issue:- B.G. Amount:-Valid Upto:-(more than six months of contract period) Claim Expiry Date:-1)In consideration of the president of India acting through Financial Advisor & Chief Accounts Officer,S.E. Railway/GRC (hereinafter called “the Government”) having agreed to exempt …………..(hereinafter called the said contractor(s)”) from the demand under the terms andconditions of letter of acceptance no………………….dated …………. made between ………… S.E.Railway/GRC and M/s…………… for execution of………………. (hereinafter called “the saidagreement “) of Performance Guarantee for the due fulfillment by the said contractor of the terms & conditions contained in the said Agreement on production of an irrevocable Bank Guarantee for Rs…………./-(Rupees……………only) we………….Bank ( hereinafter referred to as “ the Bank “) at the request of M/s ………………… do hereby undertake to pay to 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 govt. by reason of any breach by the said contractor(s) of any of the terms and conditions contained in the said agreement with regard to performance.2)We ………….. _(indicate the name of the bank) do hereby undertake to pay the amount due and payable under this guarantee without and demur, merely on a demand from the Govt . stating that the amount claimed is due by way of loss or damage caused to or would be caused to suffered by the Govt. by reason of any breach by the said contractor of any of the terms and conditions contained in the said Agreement or by reasons of the contractor’s failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regard 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 ……….. Bank…………… undertake to pay the government any money so demanded not withstanding any dispute or disputes raised by the contractor in any suit or proceeding before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal . The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and contractor shall have to claim against us for making such payment.4)We ………… (indicate the name of the bank ) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the government under or virtue of the said Agreement, have been fully paid and its claims satisfied or discharged or till ……………………………. (Office/department) Ministry of ………………… certifies that the terms and conditions of the said Agreement have fully and properly carried out by the said contractor and accordingly discharge the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before…………………. (date), we shall be discharged from all liabilities under this guarantee thereafter.5)We…………. (indicate the name of bank) further agree with the Govt. that the Govt. shall have the fullest liberty without our consent and without 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 form time to time or to postpone any time or from time to time any of the powers exercisable by the govt. against the said contractor and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be-19-relieved from our liability by reason of any such variation , or extension being granted to the said contractor or for any forbearance act or omission on the part of the Govt. or any indulgence by the government to the said contractor or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us.6)This guarantee will not be discharged due to the charge in the constitution of the bank or the contractor(s)/supplier(s).7)We ……………… lastly undertakes not to revoke the guarantee during its currency except with the previous consent of the government in writing.Date ………. …….. Place:………………For ……………………………………….. (indicate the name of the bank)-20-South Eastern RailwayRanchi Division.VENDOR MANDATE FORM1. PARTICULARS OF THE PARTY:(a) NAME : …………………………………………………………………..…………..(b) ADDRESS: ……………………………………………………………………..…………………………………………………………………..……………………(c) PHONE No…………………….MOBILE NO………………..FAX NO………………..(d) I.TAX PAN NO………………………..E-MAIL NO…………………………………… (e) TIN NO. VAT Registered No./Sales Tax Regd. No……………………………………(f) CST Regd No…………………………………………………………………………(g) Whether Proprietorship firm, if yes, Attach self declaration:…………………………..………………………………………………………………………………………….………………………………………………………………………………………….………………………………………………………………………………………….2. PARTICULARS OF BANK ACCOUNT:(a) BANK NAME:…………………………………………………………………………. (b) BRANCH……………………………………………………………………………… (c) BANK ADDRESS …………………………………………………………………… (d) BANK TEL. NO………………………………….FAX NO………………………..… (e) BANK MICR CODE (9 Digit)………………………………………(f) BANK ACCOUNT NO…………………………………………………………………(g) ACCOUNT TYPE: SAVING/CURRENT/CASH CREDIT LEDGER/ F/NO………… (h) Bank IFSC code :-…………………………..3. DECLARATION BY THE PARTY:I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information the user institution i.e. S.E. Railway will not be held responsible. I have understood the scheme and agree to discharge the responsibility expected from me as a participant under the scheme.This Mandate Form should be treated as an application for the purpose of:- (i) Refunds of EMD in the event of un-successful tender and/or(ii) Any due payments made by Railways.Date:………………….. Signature of the party with Stamp.N.B. One cancelled cheque/photocopy of the cheque is to be enclosed where the cheque does not carry IFS code an attestation from Bank attesting the IFS Code should be given. SIGNATURE of BANK OFFICIAL ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download