North Western Railway (Medical Department) (Central Hospital, Jaipur) Top Sheet Tender Document
North Western Railway (Medical Department) (Central Hospital, Jaipur) Top Sheet Tender Document
North Western Railway (Medical Department) (Central Hospital, Jaipur) Top Sheet Tender Document
Medical Department
Central Hospital, Jaipur
E-Tender No-MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
(MEDICAL DEPARTMENT)
TOP SHEET
TENDER DOCUMENT
(Bidding through E- tendering on IREPS portal)
NOT TRANSFERABLE
……………………………………………………..
Signature Not
1
Verified
Page
Digitally signed by
PRADEEP KUMAR
MEENA
Date: 2020.04.11
14:06:14 IST Signature of Tender/s ANO/CH/JP
Reason: IREPS-CRIS
Location: New Delhi For and on Behalf of President of India
North Western Railway
Medical Department
Central Hospital, Jaipur
E-Tender No-MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
4 Offer Sheet 47 48
5 Special Conditions of contract/ (Non Technical) 49 54
(i) Rate Sheet 55 55
(1) (a) The tenderer shall be required to deposit earnest money with the tender for the due
performance with the stipulation to keep the offer open till such date as specified in the tender,
under the conditions of tender. The earnest money shall be as under:
Note:
(i) The earnest money shall be rounded to the nearest ₹ 100. This earnest money shall be applicable
for all modes of tendering.
(ii) Any firm recognized by Department of Industrial Policy and Promotion (DIPP) as ‘Startups’ shall be
exempted from payment of earnest money deposit detailed above.
(b) It shall be understood that the tender documents have been issued to the tenderer and the
tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his
tender he will not resile from his offer or modify the terms and conditions thereof in a manner not
acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation,
3
(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as
part security for the due and faithful fulfilment of the contract in terms of Clause 16 of the Standard
General Conditions of Contract. The Earnest Money of other Tenderers shall, save as herein before
provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation
that may happen thereto while in their possession, nor be liable to pay interest thereon.
(2) The Earnest Money shall be deposited in cash through e-payment gateway or as mentioned in
tender documents.
(a) (i) 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 enters in the tender forms
are adequate and all inclusive to accord with the provisions in Clause-37 of the Standard General
Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.
(a)(ii) Tenderers will examine the various provisions of The Central Goods and Services Tax Act,
2017(CGST)/ Integrated Goods and Services Tax Act, 2017(IGST)/ Union Territory Goods and
Services Tax Act, 2017(UTGST)/ respective state’s State Goods and Services Tax Act (SGST) also, as
notified by Central/State Govt. & as amended from time to time and applicable taxes before
bidding. Tenderers will ensure that full benefit of Input Tax Credit (ITC) likely to be availed by them
is duly considered while quoting rates.
(a)(iii) The successful tenderer who is liable to be registered under CGST/IGST/UTGST/SGST Act shall
submit GSTIN along with other details required under CGST/IGST/UTGST/SGST Act to railway
immediately after the award of contract, without which no payment shall be released to the
Contractor. The Contractor shall be responsible for deposition of applicable GST to the concerned
authority.
(a)(iv) In case the successful tenderer is not liable to be registered under CGST/IGST/UTGST/ SGST Act, the
railway shall deduct the applicable GST from his/their bills under reverse charge mechanism (RCM)
and deposit the same to the concerned authority.
(b) When work is tendered for by a firm or company, the tender shall be signed by the individual
legally authorized to enter into commitments on their behalf.
(c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in
the composition of the firm made subsequent to the execution of the contract. It may, however,
recognize such power of attorney and changes after obtaining proper legal advice, the cost of
which will be chargeable to the Contractor.
6.1 The tenderers shall submit a copy of notarized affidavit on a non-judicial stamp paper (value of ₹
100/- ) stating that all their statements/documents submitted along with bid are true and factual.
Standard format of the affidavit to be submitted by the bidder is enclosed as Annexure-B ( Same as
annexure –V of GCC). Non-submission of notarized affidavit by the bidder shall result in summarily
rejection of his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and
submit the supporting documents duly self attested (in case of E-tendering the documents uploaded
4
Page
with offer will be considered as self attested) by which she/ he/ they is qualifying the Qualifying
Criteria mentioned in the Tender Document.
7. Right of Railway to Deal with Tenders: The Railway reserves the right of not to invite tenders for
any of Railway work or works or to invite open or limited tenders and when tenders are called to
accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for
any such action.
7A. Two Packets System of Tendering: With a view to assess the tenders technically without being
influenced by the financial bids, 'Two Packets System of tendering' shall be adopted wherein tender
documents provide for the same.
8. Execution of Contract Document: The Tenderer whose tender is accepted shall be required to appear
in person at the office of General Manager/General Manager (Construction), Chief Administrative
Officer (Construction), PCMD or MD/CH/JP or Hospital Admin, as the case may be, or if tenderer is a
firm or corporation, a duly authorized representative shall appear and execute the contract
agreement within seven days of notice from Railways that the Contract Agreement is ready. The
Contract Agreement shall be entered into by Railway only after submission of valid Performance
Guarantee by the Contractor. Failure to do so shall constitute a breach of the agreement affected by
the acceptance of the tender. In such cases the Railway may determine that such tenderer has
abandoned the contract and there upon his tender and acceptance thereof shall be treated as
cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and other
dues payable to the Contractor under this contract. The failed Contractor shall be debarred from
participating in the re-tender for that work.
9. Form of Contract Document: Every contract shall be complete in respect of the document it shall so
constitute. Not less than 2 copies of the contract document shall be signed by the competent
authority and the Contractor and one copy given to the Contractor.
(a) For Zone contracts, awarded on the basis of the percentage above or below the applicable Schedule
of Rates for the whole or part of financial year, the contract agreement required to be executed by
the tenderer whose tender is accepted shall be as per specimen form, Annexure-II (as per Indian
Railways Standard General Conditions of Contract, Sept.2019). During the currency of the Zone
Contract, work orders as per specimen form Annexure-III (as per Indian Railways Standard General
Conditions of Contract, Sept.2019), for works not exceeding ₹ 5, 00,000 each, shall be issued by the
Divisional Railway Manager / Executive Engineer under the agreement for Zone Contract.
(b) For contracts for specific works, the contract document required to be executed by the tenderer
whose tender is accepted shall be an agreement as per specimen form Annexure- IV (as per Indian
Railways Standard General Conditions of Contract, Sept.2019).
5
Page
ANNEXURE - I
NORTH WESTERN RAILWAY
TENDER FORM (First Sheet)
Tender No. :- MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
Name of Work:- Comprehensive Annual Maintenance Contract of Laboratory Information
Management System at Central Hospital of NWR Jaipur, for three years.
To
The President of India
1. I/We ____________________ have read the various conditions to tender attached hereto and agree
to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period
of 45 days from the date fixed for opening the same and in default thereof, I/We will be liable for
forfeiture of my/our “Earnest Money”. I/We offer to do the work for NW Railway, at the rates quoted
in the attached schedule and hereby bind myself/ourselves to complete the work in all respects
within 24 months from the date of issue of letter of acceptance of the tender.
Acting through the Hospital Administrator, Central Hospital, North Western Railway Jaipur
2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions of Contract, with
all correction slips up-to-date and to carry out the work according to the Special Conditions of
Contract and Specifications of materials and works as laid down by Railway in the annexed Special
Conditions/Specifications, Schedule of Rates with all correction slips up-to-date for the present
contract.
3. A sum of Rs. 13000/- (Rs Thirteen thousands only) has already been deposited online as Earnest
Money. Full value of the Earnest Money shall stand forfeited without prejudice to any other right or
remedies in case my/our Tender is accepted and if:
(a) I/We do not submit the Performance Guarantee within the time specified in the Tender document;
(b) I/We do not execute the contract documents within seven days after receipt of notice issued by the
Railway that such documents are ready; and
(c) I/We do not commence the work within fifteen days after receipt of orders to that effect.
4. (a) I/We am/are a Startup firm registered by …………………… Department of Industrial Policy and
Promotion (DIPP) and my registration number is ……………. valid upto …………………. (Copy enclosed)
and hence exempted from submission of Earnest Money.
5. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a
binding contract between us subject to modifications, as may be mutually agreed to between us and
indicated in the letter of acceptance of my/our offer for this work.
6
Page
________________________
Signature of Witnesses:
(1) ___________________ Signature of Tenderer(s)
ANNEXURE – I (contd…)
TENDER FORM (Second Sheet)
1. Instructions to Tenderers and Conditions of Tender:
(A) The following documents form part of Tender / Contract:
(a) Tender Forms – First Sheet and Second Sheet
i. Letter of Award
ii. Schedule of Items, Rates & Quantities
iii. Special Conditions of Contract
iv. Technical Specifications as given in tender documents
v. Drawings
vi. Indian Railways Standard General Conditions of Contract
vii. Indian Railways Unified Standard Specifications (Works and Material) updated with correction
slips issued up to date of opening of tender
viii. IR Specifications/Guidelines or Relevant B.I.S. Codes
7
Page
2. Details for the Work: The Details for the work can be seen in the office of the MD /CH/JP and / or
Sr.DMO/Anaesth/CH/ JP at any time during the office hours. The drawings are only for the guidance
of Tenderer(s). Detailed working drawings (if required) based generally on the details mentioned
above, will be given by the ANO or her/his representative in charge from time to time.
3. The Tenderer(s) shall quote his /her/ their rates as a percentage above or below the Schedule of Rates
of NW Railway as applicable to Central Hospital, Jaipur except where she/he/they are required to
quote item rates and must tender for all the items shown in the Schedule of approximate quantities
attached. The quantities shown in the attached Schedule are given as a guide and are approximate
only and are subject to variation according to the needs of the Railway. The Railway does not
guarantee work under each item of the Schedule. The tenderer(s) shall quote rates / rebates only at
specified place in Tender Form supplied by Railway. Any revision of rates / rebates submitted
(quoted) through a separate letter whether enclosed with the bid (Tender Form) or submitted
separately or mentioned elsewhere in the document other than specified place shall be summarily
ignored and will not be considered.
4. Tenders containing erasures and / or alterations of tender documents are liable to be rejected. Any
correction made by tender(s) in his/her/their entries must be attested by him /her/ them.
5. The works are required to be completed within a period of 36 months from the date of issue of
acceptance letter.
6. Earnest Money:
(a) The tender must be accompanied by a sum of ₹ 13,000.00/- as Earnest Money deposited in cash
through e-payment gateway or as mentioned in tender documents, failing which the tender shall
not be considered. Any firm recognized by Department of Industrial Policy and Promotion (DIPP)
as ‘Startups’ shall be exempted from payment of Earnest Money on submission of Registration
Certificate issued by appropriate authority.
(b) The Tenderer(s) shall keep the offer open for a minimum period of 45 days (in case of two-packet
system of tendering 60 days) from the date of opening of the Tender. It is understood that the tender
documents have been issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in
consideration of the stipulation on her/his / their part that after submitting her/his / their tender
subject to the period being extended further, if required by mutual agreement from time to time, he
will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable
to the MD/CH/JP or Sr.DMO/Anaesth/CH/JP/ and or ANO/CH/JP NW Railway, Should the tenderer
fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for
the due performance of the above stipulation, shall be forfeited to the Railway.
(c) If his tender is accepted the earnest money mentioned in sub clause (a) above will be retained as part
security for the due and faithful fulfilment of the contract in terms of Clause 16 of the Standard
General Conditions of Contract. The Earnest Money of other Tenderers shall, save as herein before
provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation
to the Earnest Money that may happen thereto while in their possession, nor be liable to pay interest
thereon.
8
(d) In case Contractor submits the Term Deposit Receipt/Bank Guarantee Bond towards full Security
Page
Deposit, the Railway shall return the Earnest Money so retained to the Contractor.
7. Rights of the Railway to deal with Tender: The authority for the acceptance of the tender will rest
with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any
other tender, and tenderer(s) shall neither demand any explanation for the cause of rejection of his/
their tender nor the Railway to assign reasons for declining to consider or reject any particular tender
or tenders.
8. If the tenderer(s) deliberately gives / give wrong information in her/his /their tender or creates /
create circumstances for the acceptance of her/his /their tender, the Railway reserves the right to
9. If the tenderer(s) expire(s) after the submission of her/his / their tender or after the acceptance of
her/his / their offer, the Railway shall deem such tender cancelled. If a partner of a firm expires after
the submission of their tender or after the acceptance of their tender, the Railway shall deem such
tender as cancelled, unless the firm retains its character.
Three similar works each costing not less than the amount equal to 30% of advertised value of the
tender, or
Two similar works each costing not less than the amount equal to 40% of advertised value of the
tender, or
One similar work each costing not less than the amount equal to 60% of advertised value of the
tender.
(b) (i) In case of composite works (e.g. works involving more than one distinct component, such as Civil
Engineering works, S&T works, Electrical works, OHE works etc. and in the case of major bridges –
substructure, superstructure etc.), tenderer must have successfully completed any of the following
during last 07 (seven) years, ending last day of month previous to the one in which tender is invited:
Three similar works each costing not less than the amount equal to 30% of advertised value of each
component of tender, or
Two similar works each costing not less than the amount equal to 40% of advertised value of each
component of tender, or
One similar work each costing not less than the amount equal to 60% of advertised value of each
component of tender.
9
Note: Separate completed works of minimum required values for each component can also be
Page
(b)(ii)In such cases, what constitutes a component in a composite work shall be clearly pre-defined with
estimated tender cost of it, as part of the tender documents without any ambiguity. Any work or set
of works shall be considered to be a separate component, only when cost of the component is more
2.0 crores each.
Work experience certificate from private individual shall not be considered. However, in addition to
work experience certificates issued by any Govt. Organization, work experience certificate issued by
Public listed company having average annual turnover of Rs 500 crore and above in last 3 financial
years excluding the current financial year, listed on National Stock Exchange or Bombay Stock
Exchange, incorporated/registered at least 5 years prior to the date of opening of tender, shall also
be considered provided the work experience certificate has been issued by a person authorized by
the Public listed company to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company, the tenderer
shall also submit along with work experience certificate, the relevant copy of work order, bill of
quantities, bill wise details of payment received duly certified by Chartered Accountant, TDS
certificates for all payments received and copy of final/last bill paid by company in support of
above work experience certificate.
10.2. Financial Eligibility Criteria: The tenderer must have received contractual payments in the previous
three financial years and the current financial year up to the date of opening of tender, at least 150%
of the advertised value of the tender. The tenderers shall submit Certificates to this effect which may
be an attested Certificate from the concerned department / client and/or Audited Balance Sheet duly
certified by the Chartered Accountant etc.
10.3. Bid Capacity: For tender costing more than Rs. 20 crore or as prescribed by Railway through NIT, the
tender/technical bid will be evaluated based on bid capacity formula detailed as Annexure-VI.
10.4 No Technical and Financial credentials are required for tenders having value up to Rs 50 lakh.
(i) Certificates and testimonials regarding contracting experience for the type of job for which tender is
invited with list of works carried out in the past.
Page
(ii) Certificates which may be an attested Certificate from the client, Audited Balance Sheet duly
certified by the Chartered Accountant etc regarding contractual payments received in the past.
(iii) The list of personnel / organization on hand and proposed to be engaged for the tendered work.
Similarly list of Plant & Machinery available on hand and proposed to be inducted and hired for the
tendered work.
(iv) A copy of notarized affidavit on a non-judicial stamp paper stating that they are not liable to be
disqualified and all their statements/documents submitted along with bid are true and factual.
Standard format of the affidavit to be submitted by the bidder is enclosed as Annexure-V. Non-
submission of a copy of notarised affidavit by the bidder shall result in summarily rejection of
her/his/their bid. It shall be mandatorily incumbent upon the tenderer to identify, state and submit
the supporting documents duly self-attested by which they/she/he are/is qualifying the Qualifying
Criteria mentioned in the Tender Document.
(v) The Railway reserves the right to verify all statements, information and documents submitted by
the bidder in her/his tender offer, and the bidder shall, when so required by the Railway, make
available all such information, evidence and documents as may be necessary for such verification.
Any such verification or lack of such verification, by the Railway shall not relieve the bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Railway there under.
In case of tenderer submits work experience certificate issued tenderer is found to be false forged
or incorrect at any time during process for evaluation of tenders, it shall lead to forfeiture of the
tender Earnest Money Deposit besides banning of business for a period of up to five years.
(b) In case of any information submitted by tenderer is found to be false forged or incorrect after
the award of contract, the contract shall be terminated. Earnest Money Deposit (EMD),
Performance Guarantee and Security Deposit available with the railway shall be forfeited. In
addition, other dues of the contractor, if any, under this contract shall be forfeited and agency shall
be banned for doing business for a period of up to five years.
12. Non-compliance with any of the conditions set forth therein above is liable to result in the tender
being rejected.
13. Execution of Contract Documents: The successful Tenderer(s) shall be required to execute an
agreement with the President of India acting through the Medical Director, Central Hospital, NW
Railway, Jaipur for carrying out the work according to Standard General Conditions of Contract,
Special Conditions / Specifications annexed to the tender and Standard Specifications (Works and
Materials) of Railway as amended/corrected up to latest correction slips, mentioned in tender form
(First Sheet).
14. Partnership Deeds, Power of Attorney etc.:
(i) The tenderer shall clearly specify whether the tender is submitted on her/his own (Proprietary Firm)
or on behalf of a Partnership Firm / company / Joint Venture (JV) / Registered Society / Registered
Trust etc. The tenderer(s) shall enclose the attested copies of the constitution of their concern, and
copy of PAN Card along with their tender. Tender Documents in such cases are to be signed by such
persons as may be legally competent to sign them on behalf of the firm, company, association, trust
or society, as the case may be.
11
(ii) In case tenderer is other than sole proprietorship firm, following documents shall be submitted by
the tenderer:
Page
(a) Partnership Firm: The tenderer shall submit (i) a copy of Partnership Deed and (ii) a copy of Power of
Attorney (duly registered) in favour of an individual to sign the tender documents and create
liability against the Firm.
(b) Joint Venture (JV): The tenderer shall submit documents as mentioned in Clause 17 of the Tender
Form (Second Sheet).
(c) Company registered under Companies Act-2013: The tenderer shall submit (i) the copies of MOA
(Memorandum of Association) / AOA (Articles of Association) of the company; and (ii) A copy of
Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of
Directors) in favour of the individual to sign the tender on behalf of the company and create liability
against the company.
(d) LLP (Limited Liability Partnership): If the tender is submitted on behalf of a LLP registered under LLP
Act-2008, the tenderer shall submit along with the tender- (i) a copy of LLP Agreement, (ii) a copy of
Certificate of Incorporation; and (iii) a copy of Power of Attorney/Authorisation issued by the LLP in
favour of the individual to sign the tender on behalf of the LLP and create liability against the LLP.
(e) Registered Society & Registered Trust: The tenderer shall submit (i) a copy of the Certificate of
Registration, (ii) Deed of Formation; and (iii) a copy of Power of Attorney in favour of the individual
to sign the tender documents and create liability against the Society/Trust.
(iii) If it is NOT mentioned in the submitted tender that tender is being submitted on behalf of a Sole
Proprietorship firm / Partnership firm / Joint Venture / Registered Company etc., then the tender
shall be treated as having been submitted by the individual who has signed the tender.
(iv) After opening of the tender, any document pertaining to the constitution of Sole Proprietorship Firm
/ Partnership Firm / Registered Company/ Registered Trust / Registered Society etc. shall be neither
asked nor considered, if submitted.
(v) A tender from JV / Partnership firm etc. shall be considered only where permissible as per the tender
conditions.
(vi) The Railway will not be bound by any change in the composition of the firm made subsequent to the
submission of tender. Railway may, however, recognize such power of attorney and changes after
obtaining proper legal advice, the cost of which will be chargeable to the Contractor.
15. The tenderer whether sole proprietor, a company or a partnership firm / joint venture (JV) /
registered society / registered trust etc if they want to act through agent or individual partner(s),
should submit along with the tender, a copy of power of attorney duly stamped and authenticated by
a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the
firm or any other person specifically authorizing him/them to submit the tender, sign the agreement,
receive money, co-ordinate measurements through contractor’s authorized engineer, witness
measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by
the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.
12
Page
(a) Should a tenderer be a retired Engineer of the gazette rank or any other gazette officer working
before his retirement, whether in the executive or administrative capacity or whether holding a
pensionable post or not, in the Engineering or any other department of any of the railways owned
and administered by the President of India for the time being, or should a tenderer being partnership
firm / company / joint venture (JV) / registered society / registered trust etc have as one of its
partners a retired Engineer or retired gazette officer as aforesaid, or should a tenderer being an
incorporated company have any such retired Engineer or retired officer as one of its directors or
should a tenderer have in his employment any retired Engineer or retired gazette officer as aforesaid,
the full information as to the date of retirement of such Engineer or gazette officer from the said
service and in case where such Engineer or officer had not retired from government service at least 1
year prior to the date of submission of the tender as to whether permission for taking such contract,
or if the Contractor be a partnership firm or an incorporated company, to become a partner or
director as the case may be, or to take the employment under the Contractor, has been obtained by
the tenderer or the Engineer or officer, as the case may be from the President of India or any officer,
duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the
tender. Tenders without the information above referred to or a statement to the effect that no such
retired Engineer or retired gazette officer is so associated with the tenderer, as the case may be, shall
be rejected.
(b) Should a tenderer or Contractor being an individual on the list of approved Contractors, have a
relative(s) or in the case of partnership firm/ company / joint venture (JV) / registered society /
registered trust etc. one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed
in gazette capacity in the Engineering or any other department of the NW Railway, the authority
inviting tenders shall be informed of the fact at the time of submission of tender, failing which the
tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be
rescinded in accordance with provision in clause 62 of standard general conditions of contract.
17.4 The tender form shall be purchased and submitted only in the name of the JV and not in the name of
any constituent member.
Page
17.5 Earnest Money Deposit (EMD) shall be deposited by JV or authorized person of JV through e-payment
gateway or as mentioned in tender document.
17.6 A copy of Memorandum of Understanding (MoU) duly executed by the JV members on a stamp
paper, shall be submitted by the JV along with the tender. The complete details of the members of
the JV, their share and responsibility in the JV etc. particularly with reference to financial, technical
and other obligations shall be furnished in the MoU. The MoU format is enclosed as ANNEXURE “N”
17.7 Once the tender is submitted, the MoU shall not be modified / altered / terminated during the
validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full
Earnest Money Deposit (EMD) shall be liable to be forfeited.
17.8 Approval for change of constitution of JV shall be at the sole discretion of the Railway. The
constitution of the JV shall not be allowed to be modified after submission of the tender bid by the
JV, except when modification becomes inevitable due to succession laws etc. Provided further that
there is no change in qualification of minimum eligibility criteria by JV after change of composition.
However, the Lead Member shall continue to be the Lead Member of the JV. Failure to observe this
requirement would render the offer invalid.
17.9 Similarly, after the contract is awarded, the constitution of JV shall not be allowed to be altered
during the currency of contract except when modification become inevitable due to succession laws
etc. and minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be
deemed to be breach of contract with all consequential penal action as per contract conditions.
17.10 On award of contract to a JV, a single Performance Guarantee shall be submitted by the JV as per
tender conditions. All the Guarantees like Performance Guarantee, Bank Guarantee for Mobilization
Advance, Machinery Advance etc. shall be accepted only in the name of the JV and no splitting of
guarantees amongst the members of the JV shall be permitted.
17.11 On issue of LOA (Letter of Acceptance), the MOU/JV agreement between member of the JV to whom
the work has been awarded, with the same shareholding pattern as was declared in the MOU/JV
Agreement submitted along with the tender, shall be got registered before the registrar of the
companies under ‘The company Act 2013’(in case of company) or before the Registrar/Sub Registrar
under the ‘The Indian Partnership Act, 1932’ (In case of Partnership firm) or under 'The LLP Act 2008'
(in case of LLP). A separate PAN shall be obtained for this entity. The documents pertaining to this
entity including its PAN shall be furnished to the Railways before signing the contract agreement for
the work. In case the tenderer fails to observe/comply with this stipulation within 60 days of issue of
LOA, contract is liable to be terminated. In case contract is terminated railway shall be entitled to
forfeit the full amount of the Earnest Money Deposit and other dues payable to the Contractor under
this contract. This Joint Venture Agreement shall have, inter-alia, following Clauses:
17.11.1 Joint And Several Liability - Members of the JV to which the contract is awarded, shall be jointly and
severally liable to the Railway for execution of the project in accordance with General and Special
Conditions of Contract. The JV members shall also be liable jointly and severally for the loss, damages
caused to the Railways during the course of execution of the contract or due to non-execution of the
contract or part thereof.
17.11.2 Duration of the Joint Venture Agreement - It shall be valid during the entire currency of the
contract including the period of extension, if any and the maintenance period after the work is
14
completed.
Page
17.11.3 Governing Laws - The Joint Venture Agreement shall in all respect be governed by and interpreted
in accordance with Indian Laws.
17.12 Authorized Member - Joint Venture members in the JV MoU shall authorize one of the members on
behalf of the Joint Venture to deal with the tender, sign the agreement or enter into contract in
respect of the said tender, to receive payment, to witness joint measurement of work done, to sign
measurement books and similar such action in respect of the said tender/contract. All
notices/correspondences with respect to the contract would be sent only to this authorized member
of the JV.
17.13 No member of the Joint Venture shall have the right to assign or transfer the interest right or liability
in the contract without the written consent of the other members and that of the Railway in respect
of the said tender/contract.
17.14 Documents to be enclosed by the JV along with the tender:
17.14.1 In case one or more of the members of the JV is/are partnership firm(s), following documents shall
be submitted:
(a) A copy of the Partnership Deed,
(b) A copy of consent of all the partners or individual authorized by partnership firm, to enter
into the Joint Venture Agreement on a stamp paper,
(c) A copy of Power of Attorney (duly registered as per prevailing law) in favour of the individual
to sign the MOU/JV Agreement on behalf of the partnership firm and create liability against
the firm.
17.14.2 In case one or more members is/are Proprietary Firm or HUF, the following documents shall be
enclosed:
A copy of notarized affidavit on Stamp Paper declaring that his/her Concern is a Proprietary
Concern and he/she is sole proprietor of the Concern OR he/she is in position of "KARTA" of Hindu
Undivided Family (HUF) and he/she has the authority, power and consent given by other partners
to act on behalf of HUF.
17.14.3 In case one or more members of the JV is/are companies, the following documents shall be
submitted:
(a) A copy of resolutions of the Directors of the Company, permitting the company
to enter into a JV agreement,
(b) A copy of Memorandum and Articles of Association of the Company.
(c) A copy of Authorization/copy of Power of Attorney issued by the Company (backed by the
resolution of Board of Directors) in favour of the individual to sign the tender, sign MOU/JV
Agreement on behalf of the company and create liability against the company.
17.14.4 All the Members of JV shall certify that they are not blacklisted or debarred by Railways or any
other Ministry / Department / PSU (Public Sector Undertaking) of the Govt. of India/State Govt.
from participation in tenders/contract on the date of opening of bids either in their individual
capacity or as a member of the JV in which they were/are members.
15
17.15 Credentials & Qualifying Criteria: Technical, financial eligibility and Bid capacity of the JV shall be
adjudged based on satisfactory fulfilment of the following criteria:
Page
The technical eligibility for the work as per Para 10.1 above, shall be satisfied by either the ‘JV in
its own name & style’ or ‘lead member of the JV’. Each other member of JV shall have technical
capacity of minimum 10% of the cost of work. i.e., each JV member must have satisfactorily
completed during the last 07 (seven) years, ending last day of month previous to the one in which
tender is invited, one similar single work for a minimum of 10% of advertised value of the tender.
(b) For works with composite components
(i) The technical eligibility for each component of work as per Para 10.1 above, shall be
satisfied by either the ‘JV in its own name & style’ or ‘lead member of the JV’. Each other
member of JV shall have technical capacity of minimum 10% of the cost of any component of
work. i.e., each JV member must have satisfactorily completed during the last 07 (seven) years,
ending last day of month previous to the one in which tender is invited, one similar single work
for a minimum of 10% of any component of work. OR
(ii) The technical eligibility for major component of work as per Para 10.1 above, shall be
satisfied by either the ‘JV in its own name & style’ or ‘lead member of the JV’ and technical
eligibility for other components of work as per Para 10.1 above, shall be satisfied by either the ‘JV
in its own name & style’ or ‘any member of the JV’. Each other member of JV shall have technical
capacity of minimum 10% of the cost of any component of work. i.e., each JV member must have
satisfactorily completed during the last 07 (seven) years, ending last day of month previous to the
one in which tender is invited, one similar single work for a minimum of 10% of cost of any
component of work.
Note: Contractual payment received by a Member in an earlier JV shall be reckoned only to the
extent of the concerned member’s share in that JV for the purpose of satisfying compliance of the
above mentioned financial eligibility criteria in the tender under consideration.
17.15.3 Bid Capacity
The JV shall satisfy the requirement of “Bid Capacity” requirement mentioned at Para 10.3 above.
The arithmetic sum of individual “Bid capacity” of all the members shall be taken as JV’s “Bid
capacity” to satisfy this requirement.
18. Participation of Partnership Firms in works tenders:
18.1 The Partnership Firms participating in the tender should be legally valid under the provisions of the
Indian Partnership Act.
18.2 The partnership firm should have been in existence or should have been formed prior to submission
of tender. Partnership firm should have either been registered with the Registrar or the partnership
deed should have been notarized prior to date of tender opening as per the Indian Partnership Act.
18.3 Separate identity / name should be given to the partnership firm. The partnership firm should have
PAN / TAN number in its own name and PAN / TAN number in the name of any of the constituent
partners shall not be considered. The valid constituents of the firm shall be called partners.
18.4 Once the tender has been submitted, the constitution of the firm shall not be allowed to be
modified / altered / terminated during the validity of the tender as well as the currency of the
contract except when modification becomes inevitable due to succession laws etc., in which case
prior permission should be taken from Railway and in any case the minimum eligibility criteria
should not get vitiated. The re-constitution of firm in such cases should be followed by a notary
certified Supplementary Deed. The approval for change of constitution of the firm, in any case,
shall be at the sole discretion of the Railways and the tenderer shall have no claims what so ever.
Any change in the constitution of Partnership firm after opening of tender shall be with the consent
of all partners and with the signatures of all partners as that in the Partnership Deed. Failure to
observe this requirement shall render the offer invalid and full EMD shall be forfeited.
If any Partner/s withdraws from the firm after opening of the tender and before the award
of the contract, the offer shall be rejected. If any new partner joins the firm after opening of tender
but prior to award of contract, his / her credentials shall not qualify for consideration towards
eligibility criteria either individually or in proportion to his share in the previous firm. In case the
tenderer fails to inform Railway beforehand about any such changes / modification in the
constitution which is inevitable due to succession laws etc. and the contract is awarded to such
firm, then it will be considered a breach of the contract conditions liable for determination of the
contract under Clause 62 of General Conditions of Contract.
18.5 A partner of the firm shall not be permitted to participate either in his individual capacity or as a
partner of any other firm in the same tender.
18.6 The tender form shall be submitted only in the name of partnership firm. The EMD shall be
deposited by partnership firm through e-payment gateway or as mentioned in tender document.
The EMD submitted in the name of any individual partner or in the name of authorized partner (s)
shall not be considered.
17
18.7 One or more of the partners of the firm or any other person (s) shall be designated as the
authorized person (s) on behalf of the firm, who will be authorized by all the partners to act on
Page
behalf of the firm through a “Power of Attorney”, specially authorizing him / them to submit &
Signature of Tender/s ANO/CH/JP
For and on Behalf of President of India
North Western Railway
Medical Department
Central Hospital, Jaipur
E-Tender No-MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
sign the tender, sign the agreement, receive payment, witness measurements, sign measurement
books, make correspondences, compromise / settle / relinquish any claim (s) preferred by the firm,
sign “No Claim Certificate”, refer all or any dispute to arbitration and to take similar such action in
respect of the said tender / contract. Such “Power of Attorney” shall be notarized / registered and
submitted along with the tender.
18.8 On issue of Letter of Acceptance (LOA) to the partnership firm, all the guarantees like Performance
Guarantee, Guarantee for various Advances to the Contractor shall be submitted only in the name of
the partnership firm and no splitting of guarantees among the partners shall be acceptable.
18.9 On issue of Letter of Acceptance (LOA), contract agreement with partnership firm shall be executed
in the name of the firm only and not in the name of any individual partner.
18.10 In case the Letter of Acceptance (LOA) is issued to a partnership firm, the following undertakings shall
be furnished by all the partners through a notarized affidavit, before signing of contract agreement.
The partners of the firm to which the Letter of Acceptance (LOA) is issued, shall be jointly and
severally liable to the Railway for execution of the contract in accordance with General and Special
Conditions of the Contract. The partners shall also be liable jointly and severally for the loss, damages
caused to the Railway during the course of execution of the contract or due to non-execution of the
contract or part thereof.
(c) Governing laws: The partnership firm agreement shall in all respect be governed by and interpreted in
accordance with the Indian laws.
(d) No partner of the firm shall have the right to assign or transfer the interest right or liability in the
contract without the written consent of the other partner/s and that of the Railway.
18.11 The tenderer shall clearly specify that the tender is submitted on behalf of a partnership firm. The
following documents shall be submitted by the partnership firm, with the tender:
(b) A copy of Power of Attorney (duly registered as per prevailing law) in favour of the individual to tender
for the work, sign the agreement etc. and create liability against the firm.
(c) An undertaking by all partners of the partnership firm that they are not blacklisted or debarred by
Railways or any other Ministry / Department of the Govt. of India / any State Govt. from participation
in tenders / contracts as on the date of opening of bids, either in their individual capacity or in any firm
18
in which they were / are partners. Concealment / wrong information in regard to above shall make the
contract liable for determination under Clause 62 of the General Conditions of Contract.
Page
d) Special Power of Attorney duly stamped and authenticated by a Notary Public from all partners
of the firm in favour of one or more partner(s) or any other persons(s) as per Annexure-L
g) Attested copy of Notarized Power of Attorney including ratification clause duly signed by
person authorized by the company vide above.(Annexure M)
19.2.4 For JV firm – Documents listed in 19.2.1 or 19.2.2 or 19.2.3 are to be submitted as per the status of
firm participating in JV firm. In addition following documents are to be submitted.
p) Certificate related to firm has not been ever black listed in annexure-U
Clarification only can, however, be called for by Railway in respect of any part / document
submitted by the tenderer which shall be responded to by the tenderer within the period specified
in the letter from the date of issue of such letter for clarifications, failing which the offer shall be
dealt with as per available documents.
20.0 The Price Variation Clause (PVC) as per clause no. 45 A of General Conditions of Contract shall be
applicable only for the tenders value (NIT value) equal to or more than Rs. 5 Crore or as prescribed
by Railway through NIT.
21.0 The Bidders are advised to go through the Indian Railways Standard General Conditions of Contract,
Sept.2019 as amended/corrected upto latest correction slips and other documents forming part of
the contract as per Para 1 above before submitting their offer.
20
Page
ANNEXURE-A
(If Registered)
7 E Mail ID
With Seal
Page
ANNEXURE-B
Same as annexure-V of GCC
FORMAT FOR AFFIDAVIT TO BE SUBMITTED / UPLOADED BY TENDERER ALONGWITH THE TENDER
DOCUMENTS
(To be executed in presence of Public notary on non-judicial stamp paper of the value of ₹ 100/-. The
stamp paper has to be in the name of the tenderer) **
M/s_____________________________ (hereinafter called the tenderer) for the purpose of the Tender
documents for the work of ____________________________________________ as per the tender
No.____________ of (------- Railway), do hereby solemnly affirm and state on the behalf of the tenderer
including its constituents as under:
1. I/we the tenderer (s) am/are signing this document after carefully reading the contents.
2. I/We the tenderer(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
3. I/we hereby declare that I/we have downloaded the tender documents from Indian Railway
website www.ireps.gov.in . I/we have verified the content of the document from the website and
there is no addition, no deletion or no alteration to the content of the tender document. In case of
any discrepancy noticed at any stage i.e. evaluation of tenders, execution of work or final payment
of the contract, the master copy available with the railway Administration shall be final and binding
upon me/us.
4. I/we declare and certify that I/we have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the tender by me/us are
correct and I/we are fully responsible for the correctness of the information and documents,
submitted by us.
7. I/we understand that if the certificates regarding eligibility criteria submitted by us are found to be
forged/false or incorrect at any time during process for evaluation of tenders, it shall lead to
forfeiture of the tender EMD besides banning of business for a period of upto five year. Further,
I/we (insert name of the tenderer) **_____________and all my/our constituents understand that
my/our offer shall be summarily rejected.
8. I/we also understand that if the certificates submitted by us are found to be false/forged or
incorrect at any time after the award of the contract, it will lead to termination of the contract,
along with forfeiture of EMD/SD and Performance guarantee besides any other action provided in
the contract including banning of business for a period of upto five year.
22
DEPONENT
SEAL AND SIGNATURE
Page
OF THE TENDERER
VERIFICATION
I/We above named tenderer do hereby solemnly affirm and verify that the contents of my/our above
affidavit are true and correct. Nothing has been concealed and no part of it is false.
DEPONENT
SEAL AND SIGNATURE
OF THE TENDERER
Place:
Dated:
**The contents in Italics are only for guidance purpose. Details as appropriate are to be filled in suitably by
tenderer.
23
Page
ANNEXURE – VI
Where
A = Maximum value of construction works executed and payment received in any one financial year during
the current and last three financial years immediately preceding the current financial year, upto date of
opening of tender, taking into account the completed as well as works in progress.
N= Number of years prescribed for completion of work for which bids has been invited.
B = Value of existing commitments and balance amount of ongoing works with the tenderer to be
completed in next ‘N’ years.
Note:
(a) The Tenderer(s) shall furnish the details of existing commitments and balance amount of ongoing
works with tenderer as per the prescribed proforma of Railway for statement of all works in
progress and also the works which are awarded to tenderer but yet not started upto the date of
opening of tender. In case of no works in hand, a ‘NIL’ statement should be furnished. This
statement should be submitted duly verified by Chartered Accountant.
(b) In case of JV, the tenderer(s) must furnish the details of existing commitments and balance amount
of ongoing works with each member of JV as per the prescribed proforma of Railway for statement
of all works in progress and also the works which are awarded to tenderer but yet not started upto
the date of opening of tender. In case of no works in hand, a ‘NIL’ statement should be furnished.
This statement should be submitted duly verified by Chartered Accountant.
(c) Value of a completed work/work in progress/work awarded but yet not started for a Member in an
earlier JV shall be reckoned only to the extent of the concerned member's share in that JV for the
purpose of satisfying his/her compliance to the above mentioned technical eligibility criteria in the
tender under consideration.
(d) The arithmetic sum of individual “bid capacity” of all the members shall be taken as JV’s “bid
capacity”.
(e) In case, the tenderer/s failed to submit the above statement along with offer, their/her/his offer
shall be considered as incomplete and will be rejected summarily.
(f) The available bid capacity of tenderer shall be assessed based on the details submitted by the
tenderer. In case, the available Bid Capacity is lesser than estimated cost of work put to tender,
her/his offer shall not be considered even if she/ he has been found eligible in other eligibility
criteria/tender requirement.
24
Page
“ANNEXURE -C”
Clause No. 10.1(a), part I of GCC 2019
Details of works of similar nature physically completed in all respect as per contract agreement during
last seven years, ending last day of month previous to the one in which tender is invited
Time taken for
1 2 3 4 5 6 7 8 9 10 11
1.
2.
Note:-
(i) Above detail should be given only for works, which have been physically completed in all
respects. Part completed work shall not be considered.
(ii) Work experience certificate from private individual shall not be considered. However, in
addition to work experience certificates issued by any Govt. Organisation, work
experience certificate issued by Public listed company having average annual turnover of
Rs 500 crore and above in last 3 financial years excluding the current financial year, listed
on National Stock Exchange or Bombay Stock Exchange, incorporated/registered atleast 5
years prior to the date of opening of tender, shall also be considered provided the work
experience certificate has been issued by a person authorized by the Public listed company
to issue such certificates.
In case tenderer submits work experience certificate issued by public listed company,
the tenderer shall also submit along with work experience certificate, the relevant copy
of work order, bill of quantities, bill wise details of payment received duly certified by
Chartered Accountant, TDS certificates for all payments received and copy of final/last
bill paid by company in support of above work experience certificate.
(iii) The tenderers should attach self-attested copy of certificate issued by the organizations
for which the work was carried out in the performa as per Annexure-D.
(iv) In the column 4, the type of organization is to be mentioned viz. Central/ State
25
ANNEXURE-D
COMPLETION CERTIFICATE
Name of Organization
Postal address, Phone No., Email ID, Fax No
I hereby certify that above mentioned work has been physically completed in all respect as per contract
agreement. Performance of the contractor while executing the work had been satisfactory.
(Signature)
Name and Designation of officer
Mobile No. of officer
26
Seal of officer
Page
Note:-
(i) Submission of false certificates by tenderer shall lead to, forfeiture of EMD and other
action including penal action as per GCC Sept. 2019
(ii) Copy of certificate duly self-attested shall be submitted along with tender document.
(iii) Payment made as indicated in above certificate (At Sr. No. 11/ Sr. No. 12) will be
considered as value of completed work for the purpose of eligibility under special
technical criteria.
(iv) Above format is for guidance only. Any certificate containing information asked for shall
be considered.
(v) Only those works will be treated as composite works, which consist of more than one
distinct component of work such as Civil Engg. Works, S&T work, Electrical work, OHE
work etc. and that there is separate schedule for each such distinct components in the
tender documents.
27
Page
2
Name & place of work
3
Organization for whom work is being
Signature of Tender/s
carried out
Clause No.10.3,Part-I of
4
Date of award of contract , Contract
Agreement No. & Date
5
Agree mental cost of work /Likely Cost
(up to latest corrigendum)
6
Date of Commencement
Medical Department
North Western Railway
7
Date of Completion (Original/ Extended)
8
E-Tender No-MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
ANO/CH/JP
9
Page
28
North Western Railway
Medical Department
Central Hospital, Jaipur
E-Tender No-MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
ANNEXURE-F
Clause No.11(iii), Part-I of GCC-2019.
LIST OF PLANTS & MACHINERY AVAILABLE ON HAND AND PROPOSED TO BE INDUCTED (OWN AND HIRED
TO BE GIVEN SEPARATELY) FOR SUBJECT WORK.
Note:
(a) Indicate clearly, whether (i) Owned by firm, or (ii) To be purchased by firm giving date of placing
order and likely date of receipt.
(b) Optimum Plants and Machineries required to be deployed during execution of work.
(i) Earthwork in formation of New Line / Doubling/ Gauge Conversion Project: Poclain, JCB,
Vibratory Roller, Grader, Dumpers, Tractors, Water tank etc.
(ii) Concreting work for bridge work: Concrete pump, Transit mixer as per requirement,
Batching plant of suitable capacity, JCB, Needle vibrator 60/40mm etc.
Signature of Tenderer/s
29
Date:--------------------
Page
ANNEXURE-G
Clause No.11 (iii), Part-I of GCC-2019.
LIST OF PERSONNEL, ORGANIZATION AVAILABLE ON HAND AND PROPOSED TO BE ENGAGED FOR THE
SUBJECT WORK.
Signature of Tenderer/s
Date:--------------------
30
Page
Annexure-H
Information and particulars in terms of Para 16(a) and 16(b) of Tender Form Second sheet
A. Information and particulars in terms of Para 16(a) of Section II regarding retired Railway
Engineer(s) / Officer(s) of the Gazetted rank.
Sr. Name of retired gazetted officer/ Date of Details of permission
No. Engineer with designation Retirement obtained
(wherever applicable)
1.
2.
3.
4.
Note 1. Details as per the above format shall be furnished by the tenderer. The format should not
be left blank. In case of there being no such retired gazetted Railway Officer / Engineer, Nil to be
furnished in the format.
Note 1. Details as per the above format shall be furnished by the tenderer. The format should not
be left blank. In case of there being no such relative, Nil to be furnished in the format.
ANNEXURE-I
Clause No.10.2 and 11(ii), Part-I of GCC-2019
2. A-1
3. A-2
4. A-3
*In case the Audited balance sheet is not available for the current financial year and/or immediate
proceeding financial year then the contractual receipts extracted from certificate issued by the employer/
client/ Tax deduction at source certificate, shall be considered for evaluation of the financial capacity of the
tenderer.
Yours sincerely,
Seal of firm
Registration No:-
E-Mail:-
Phone/ Fax:-
32
Page
ANNEXURE-J
AFFIDAVIT
1. That I am the “Sole Proprietor” of the firm working in the name & style of M/s………………………. (Indicate
Name – Proprietary firm) at ……………
Deponent
VERIFICATION
I, the above named deponent do hereby solemnly affirm & verify that the contents of my
above affidavit are true & correct. Nothing has been concealed and no part of it is false.
Deponent
Date:-
Note: - The stamp duty shall be governed by the provision of the Law relating to stamp in Force in that
State at the time when such AFFIDAVIT is being executed.
33
Page
Annexure-K
Clause No. 15, Part-I of GCC-2019
BE IT KNOWN to all that I Sole Proprietor of the firm …………………… having its registered office at
…………..………………………. do hereby, for and on behalf of the said firm appoint Shri………………………… (Name &
designation) Special Attorney of the said firm and authorize the said Shri…………….…………… (name) whose
specimen signature is appended below, to do all or any of the following acts deeds and/or things on behalf
of the said firm and to represent the firm in respect for the tender No…………………………. (Name of
work)………………………………………… invited by North Western Railway.
1. To appear before office of North Western Railway related to the process of tendering for the above
said tender.
2. To procure/download the tender documents for the above said tender.
3. To digitally sign the above said tender document and for uploading the offer on www.ireps.gov.in
for the said Tender.
4. To attend meetings and submit clarifications including negotiations, if any, called by North Western
Railway.
5. To sign the agreement ,
6. To co-ordinate measurement through contractor authorized engineer, witness measurement, sign
measurement books.
7. To compromise, settle, relinquish any claim(s) preferred by the firm, sign no claim certificate and
refer all or any disputes to arbitration.
I have read the content of this Special Power of Attorney & accept the same and I hereby agree to
ratify & confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be done by
our said Attorney.
Of sole proprietor)
Dated ………
Place ………
(Seal of Firm)
Note:- The stamp duty shall be governed by the provision of the Law relating to stamp in force in that
34
State at the time when such Power of Attorney is being executed. Power of Attorney shall be authenticated
by a Notary Public or by Magistrate.
Page
Annexure-L
SPECIAL POWER OF ATTORNEY
(For Partnership Firms only)
BE IT KNOWN to all that we (1) …….…………….. (2)………..…………...
(3)………………………(4)……………..…………..(5)………….……………. all the partners of the firm…………………… having
its registered office at …………..………………………. do hereby, for and on behalf of the said firm appoint
Shri………………………… (Name& designation) Special Attorney of the said firm and authorize the said
Shri…………….…………… (name), whose specimen signature are appended below, to do all or any of the
following acts deeds and/or things on behalf of the said firm and to represent the firm in respect for the
tender No…………………………. (Name of work)………………………………………… invited by North Western Railway.
1. To appear before office of North Western Railway related to the process of tendering for the above
said tender.
2. To procure/download the tender documents for the above said tender.
3. To digitally sign the above said tender document and for uploading the offer on www.ireps.gov.in
for the said Tender. In case the offer is submitted by the person other than those who is appointed
as above and there is difference between the name of the person authorized as above and the
person who digitally submitted the offer then our offer shall be deemed to be summarily rejected.
4. To attend meetings and submit clarifications including negotiations, if any, called by North Western
Railway.
We/ I have read the content of this Special Power of Attorney & accept the same and We/I hereby
agree to ratify & confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be
done by our said Attorney.
We all the partners of the partnership firm also declare that we have not been blacklisted or
debarred by Railways or any other Ministry/Department/Public Sector Undertaking of the Govt. of India/
any State Govt. from participation in tenders/ contract on the date of opening of bids either in our
individual capacity or in any firm in which we are partners
We further state that if our offer for the above said tender is accepted then, for day to day
execution of work and contract agreement a separate Power of Attorney will be submitted.
Executants Partner
(Signature of Sri……………………) (Name & signature)
by Notary Public.
Page
Annexure-M
clause No. 14c Part-I of GCC-2019
IS IT KNOWN To all that (Name of firm) …... having its registered office at …………..……………………….
do hereby, for and on behalf of the firm appoint Shri………………………… (Name& designation) Special
Attorney of the said firm and authorize the said Shri…………….…………… (name) whose specimen signatures
are appended below, to do all or any of the following acts deeds and/or things on behalf of the said firm
and to represent the firm in respect for the tender No…………………………. (Name of
work)………………………………………… invited by North Western Railway.
1. To appear before office of North Western Railway related to the process of tendering for the above
said tender.
2. To download the tender documents for the above said tender.
3. To digitally sign the above said tender document and for uploading the offer on www.ireps.gov.in
for the said Tender.
4. To attend meetings and submit clarifications including negotiations, if any, called by North Western
Railway.
5. To sign the agreement ,
6. To co-ordinate measurement through contractor authorized engineer, witness measurement, sign
measurement books.
7. To compromise, settle, relinquish any claim(s) preferred by the firm, sign no claim certificate and
refer all or any disputes to arbitration.
We have read the content of this Special Power of Attorney & accept the same and we hereby
agree to ratify & confirm & do hereby ratify & confirm all acts, deeds &things lawfully done or caused to be
done by our said Attorney.
ANNEXURE-N
Clause No. 17.6, Part-I of GCC-2018
MEMORANDUM OF UNDERSTANDING FOR JV
(The memorandum of understanding shall be submitted in following format on the non-judicial stamp of
₹ 100/- duly notarized)
NOW THIS Memorandum of Understanding is executed at …………………. (Name of Place) on this date
………………… (DD/MM/YY) between M/s …………………….. (Name of first constituent and address) as the first
party represented by Shri ………………………………and M/s…………………………… (Name of 2nd constituent and
address) represented by Shri……………………….. As the second party and so on 3rd, 4th&5th subsequent parties.
(The expression and words of first and second and other shall mean and include their heir’s successors,
assigns, nominees, execution, administrators and legal representatives respectively).
WHEREAS all the parties are engaged mainly in the business of execution of Civil Engineering and
general contracts for various Government Departments and organizations.
ANDWHEREAS the parties herein above mentioned are desirous of entering into a joint venture for
carrying out civil engineering and/or contract works in connection with Tender No. ………………… (Name of
work)…………………………… “As mutually decided between members of Joint Venture Agreement.
That we M/s…………………………….. (JV firm) on behalf of all members of this joint venture
agreement agreed that M/s ……………………………… will be “Lead Partner” of this Joint Venture.
1. That under this MOU, the work will be done jointly by M/s ………………………….. The first party and M/s
……………………… the second and so on ……………..in the name and style of ……………………………….
(Name ) (Joint venture firm).
2. That we JV firm M/s …………………………. on behalf of all the members of JV firm shall be legally liable,
severally and jointly responsible/ liable for the satisfactory/ successful execution/ completion of the
works including maintenance period in all respects and in accordance with terms and conditions of
the contract.
3. That we M/s JV firm…………………………….. On behalf of all the members of the JV firm to which the
contract is awarded, shall be jointly and severally liable to the Employer (Railways) for execution of
the project in accordance with General and Special Conditions of the Contract. The JV members
shall also be liable jointly and severally for the loss, damages caused to the Railways during the
course of execution of the contract or due to non-execution of the contract or part thereof.
4. M/s ……………………(Name of Lead Firm ) of JV firm shall be the lead member of the JV firm who shall
have a majority ……………..% share of interest in the JV firm. The other (One/Two) members shall
have following share: - M/s ………….. (Name of Second Firm) have ……. % and M/s ………….. (Name of
Third Firm if any) have ………% share of interest in the JV Firm.
5.. That this JV shall be valid during the entire currency of the contract including the period of
extension, if any ,and the maintenance period after the work is completed.
6. That we all the Joint Venture members authorize Mr./Ms.
…………………………………….…one of the members on behalf of the JV firm to deal with the tender, sign
the agreement or enter into contract in respect of the said tender, to receive payment, to witness
joint measurement of work done, to sign measurement books and similar such action in respect of
the said tender/contract. All notices/ correspondence with respect to the contract would be sent to
this authorized member………………………………. (Address) of the JV firm. In case the offer is submitted
by the person other than those who is appointed as above and there is difference between the
37
name of the person authorized as above and the person who digitally submitted the offer then our
offer shall be deemed to be summarily rejected.
Page
7. That no member of the JV shall have the right to assign or transfer the interest right or
Liability in the contract without the written consent of the other members and that of the employer
(Railways) in respect of the said tender/contract.
8. That we all the members of the JV certify that we have not been black listed or debarred by
Railways or any other Ministry/Department /PSU (Public Sector Undertaking) of the Govt. of India/
State Govt. from participation in tenders/contract in the past either in our individual capacity or as
a member of the JV firm or partnership firm in which they were members/partners.
9. That this Joint Venture MOU shall in all respect be governed by and interpreted in accordance with
Indian Laws.
Now the parties have joined hands to form this MOU on this date …………………..
(DD/MM/YY) with reference to and in confirmation of their discussions and understanding
brought on record on date …………………. (DD /MM /YY).
In witness thereof all/both the above named parties have set their respective hands on
this MOU on the day, month and year first above mentioned, in the presence of the following
witnesses:-
1………………………………….2………………………...
Date……
Place…….
NOTE: - Should MOU be in more than one separate page, each page shall be
Signed by the authorized signatory.
38
Page
Annexure-O
Clause No. 17.14.1, Part-I GCC 2018
“LETTER OF CONSENT”
(To be submitted by Partnership Firm participating as member of JV)
We have read the contents of this letter of consent & accept the same and we hereby agree to and
ratify all acts, deeds & things of them or any documents executed by the said partner in the scope of this
letter of consent.
DATE............... 1. .................................................
2. ................................................
3. ................................................
Place................ 4. ................................................
5. ................................................
Annexure-P
clause No. 15 , Part-I of GCC-2018
“T.No………………………Name of work………………………………………
……………………………………………………………………..…………………””
We/ I have read the content of this Special Power of Attorney & accept the same, and we/ I hereby
agree to ratify & confirm & do hereby ratify & confirm all acts, deeds & things lawfully done or caused to be
done by our said Attorney.
For M/s…………………
Place…
Date:-………….
Note: - The stamp duty shall be governed by the provision of the Law relating to stamp in
force in that State at the time when such Power of Attorney is being executed. Power of Attorney shall be
duly attested by Notary Public.
40
Page
ANNEXURE-Q
Signature…………….
(…………………………….)
(Name of Authorized Person who has signed the MOU for JV)
This is to certify that I/We the member of …………………………… (name of JV firm) do hereby declare that I/we
are not black listed or debarred by Railways or any other Ministry/Department/PSU (Public Sector
Undertaking) of the Govt. of India/ State Govt. from participation in tenders/ contracts.
Signature…………….
(…………………………….)
(Name of Authorized Person who has signed the MOU for JV)
This is to certify that I/We the member of ……………………………… (name of JV firm) do hereby declare that
I/we are not black listed or debarred by Railways or any other Ministry/Department/PSU (Public Sector
Undertaking) of the Govt. of India/ State Govt. from participation in tenders/ contracts.
Signature…………….
(…………………………….)
(Name of Authorized Person who has signed the MOU for JV)
Note :- In case of more than 03 members in the JV firm then all other members should sign such Certificate
for which another sheet may be added.
41
Page
ANNEXURE-R
1. In consideration of the President of India (hereinafter called “the Government”) having agreed to
exempt – (Name & address)-------------(hereinafter called “the said Contractor(s)” from the demand,
under the terms and conditions of an Agreement dated -------- made between ---------- and ------------
for ----------- (hereinafter called “the said Agreement”), of Performance Guarantee for the due
fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on
production of a bank Guarantee for Rs.------- (Rupees------------------only) we, -----------------------
(hereinafter referred to as “the Bank” at the request of --------------(contractor(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 Government by reason of
any breach by the said Contractor(s) of any of the terms or conditions contained in the said
Agreement.
2. We-------------------------------------------- (indicate the name of the bank) and our local branch at (Name
of city) i.e. ………………………………………. (name, address and branch code of local branch at (Name of
city)) 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 by way of
loss or damage caused to or would be caused to or suffered by the Government by reason of breach
by the said contractor(s) of any of the terms of 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 conclusive as regards the amount due and payable by the Bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ---------
----
3. We under-take to pay to the Government any money so demanded notwithstanding any dispute or
disputes raised by the contractor(s)/supplier (s) in any suite or proceeding pending 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 the contractor(s)/supplier(s) shall have no claim against us for making such
payment.
4. We………………………………….…….. (Indicate the name of bank) and our local branch at (Name of city)
i.e. ………………………………………. (name, address and branch code of local branch at (Name of city) )
further agreed with 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 virtue of the said Agreement have
been fully paid and its claims satisfied or discharged or till --------- (office/Department) Ministry of ----
42
-------- certifies that the terms and conditions of the said Agreement have been fully and properly
carried out by the said Contractor(s) and accordingly discharges this guarantee. Unless a demand or
Page
claim under this guarantee is made on in writing on or before the ------------ we shall be discharged
from all liability under this guarantee thereafter.
5. We……………………………………….. (Indicate the name of bank) and our local branch at (Name of city) i.e.
………………………………………. (name, address and branch code of local branch at (Name of city)) further
agree with the government that the Government shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Agreement or to extend time of performance by the said contractor(s) from
time to time or to post opens for any time or from time to time any of the powers exercisable by the
Government against the said, Contractor(s) and to further or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act
or commission on the part of the Government or any indulgence by the Government to the said
Contractor(s) or any such matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the bank or the
contractor(s)/Supplier(s).
7. We ------------------------------------------- (indicate the name of bank) and our local branch at (Name of
city) i.e. ………………………………………. (Name, address and branch code of local branch at (Name of
city)) lastly undertake not to revoke this guarantee during its currency except with the previous
consent of the Government in writing.
For ____________________________(indicate the name of bank) and our local branch at (Name of
city) i.e. ………………………………………. (Name, address and branch code of local branch at (Name of
city))
43
Page
Annexure –S
To,
The “Medical Director”,
Central Hospital, NW Railways
Ganpati Nagar, Jaipur-302006 (Raj.)
Dear Sir,
We also hereby confirm that we would be responsible for the satisfactory execution of supply contract
placed on the authorized agent.
We also confirm that the price quoted by our agent shall not exceed than that which we would have quoted
directly.
Yours faithfully,
Note:-
1.This letter of authorization should be on the letter head of the manufacturing firm and should be
signed by a person competent and having the power of attorney to legally bind the manufacturer.
2.Original letter may be enclosed with technical bid.
44
Page
Annexure – T
NIT No.:
45
Page
Annexure - U
CERTIFICATE
I/ We hereby certify that the above firm has not been ever blacklisted by any Central/State
Government/Public Undertaking/Institute on any account.
I/ We also certify that firm will be supplied the item as per the specification given by Institution
and also abide all the terms & conditions stipulated in tender.
I/ We also certify that the information given in bid is true and correct in all aspects and in any case
at a later date it is found that any details provided are false and incorrect, any contract given to
the concern firm or participation may be summarily terminated at any stage, the firm will be
blacklisted and Institute may imposed any action as per NIT rules
Date: Name :
Place: Business Address :
Signature of Bidder :
Seal of the Bidder :
46
Page
TENDER FORM
OFFER SHEET
Name of work:- Comprehensive Annual Maintenance Contract of Laboratory Information Management System
installed at central hospital of North Western Railway, Jaipur for three years.(Qty per year is 1/3 of total
quantity.
S.No. Item Description Unit Qty Rate Amount
1 AMC of web based Laboratory Information System (LIS)
including online patient reporting module at Central
Hospital. This includes all hardware/Network device Nos. 3 89536.62 268609.87
and software with licenses necessary for smooth
working of the system.
2 AMC of Client Computers interfacing with LIS as per
specification:- Windows7 Operating system, Intel Core
i3 Processor, 4GB RAM , 500 GB HDD, 17" LED Monitor,
Nos. 15 7168.68 107530.17
keyboard, Mouse, Integrated Ethernet 10/100 BASE-T
with minimum 4 Nos USB ports, com port, audio and
Mike port
3 AMC of Server with processor Intel Xeon E5 (Octa Core)
2620v4 @ 2.1 GHz or higher, L3 cache Memory 20 MB,
RAM 2 x 16 GB DDR4 speed up to @2133 MHz, HDD 2 x
Nos. 3 41263.50 123790.50
1 TB, 23" LED Monitor, keyboard, Mouse, Open Bay,
2.5" Hot Swap SAS/SATA up to 8 Bay, Multi burner,
Integrated RAID 0,1,10 (RAID 110i), 750 W RPS
4 AMC of handheld cordless Barcode Scanner Nos. 6 2856.87 17141.21
5 AMC of Bar Code Printer : Printing Method-Thermal
Transfer, Resolution- 203 dpi, Max. Print Width-4.25", Nos. 6 3438.39 20630.31
Max. Print Length-110", Max. Print Speed- 5 IPS
6 AMC of Laser printers : Resolution (in dpi): Mono
600x600, Paper Size: A4, Print speed in PPM (A4 Size):
Nos. 15 1822.50 27337.46
32, Port: 1 USB, Memory (in MB): NA, Network card
10/100: YES, Duplexing: YES
7 AMC of On Line UPS of 5KVA with half hour back up Nos. 3 2507.74 7523.21
8 AMC of Microsoft Server 2012 or latest SERVER OS with
Nos. 3 10980.75 32942.25
all license and certifications
9 AMC of Microsoft SQL Server 2014 R2 or latest with all
Nos. 3 13283.76 39851.27
license and certifications
10 AMC of Anti Virus with 1 year License for SERVER
Nos. 3 271.91 815.72
edition version
11 AMC of Anti Virus with 1 year License for Client
Nos. 15 234.61 3519.09
Computers
Total Cost for Three consecutive years 649691.06
The quantities shown in above Schedule are approximate and are as a guide to give the tenderer(s)
an idea of quantum of work involved. The Railway reserves the right to increase/ decreases and/or
delete or include any of the quantities given above and no extra rate will be allowed on this account.
Total estimated Value for the tender is Rupees -6,49,691. 06 (Rs Six lakhs Forty Nine Thousands Six
47
hundreds and Ninety One and Six Paise in figures and words)
Page
I/We undertake to do the work at (in figures) …………..% above/at par /below the total value of
tender /the Unified Standard Schedule of Rates of the North western Railway as applicable to
Central Hospital, NW Railway, Jaipur
I/We undertake to do the work at (in words)…………………………. …….. % above/at par /below the
total value of tender /the Unified Standard Schedule of Rates of the North western Railway as
applicable to Central Hospital, NW Railway, Jaipur
Dated ………………
Signature of the Tenderer(s)
(1) In case of discrepancy between rate quoted in figures and words, the rate quoted in words shall
be taken into account. “Rates quoted only in figure shall not be considered”.
\
48
Page
SPECIAL CONDITIONS/SPECIFICATIONS
1. Contractor will deploy one qualified (i) Graduate Engineer when the cost of work will be
more than Rs.2.00 Crore or (ii) One Diploma holder if cost is more than Rs.25.0 Lacs but less
than Rs.2.00 Crore.
In case the contractor fails to deploy the qualified engineer, contractor will be liable to pay
penalty for the default period as per Clause 26A.2 of the GCC (Amended upto date).
NOTE :-
(i) Deployment of qualified engineers is not obligatory for the zonal works contract
(ii) Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall also
be considered as qualified Diploma Holder Engineer and for track contract works
Contractor Shall preferably employ such individuals at their work site.
(iii) If a contractor fails to provide site engineer than recover shall be made as per
following –
(a) For Graduate Engineer – Rs. 40000/- P.M
(b) For Diploma Engineer – Rs. 25000/- P.M.
(iv) Any decision taken in this regard by Railways site engineer will be final and
contractor will be bound to accept it.
2. Cess Charges: For Contractor's labour employed/ residing at stations and in colonies where
railway sanitary facilities exist, Contractor(s) will be required to pay Cess charges as per rules
in force on the Railway from time to time.
For labour working between stations or at isolated places where railway facilities do not
exist, the Contractor(s) shall be required to provide necessary facilities for their labour in
terms of clause 59(4) of the General Conditions of Contract. In case of any failure on
his/their part, the Railway Administration at the cost of Contractor(s) shall provide the
necessary facilities and expenditure thus incurred will be recovered from his/their bills.
3. Taxes and Royalties: All rates quoted in the tender shall be deemed to be inclusive of all
taxes, royalties’ payable by the Contractor(s) to the government or public body or local
authority and no additional amount will be paid or claim entertained on this account by the
Railway.
All taxes such as Income tax, GST and other taxes as prescribed by Central/State Govt. from
time to time shall be applicable. The Contractor shall be fully responsible for payments of all
such taxes without any liability of Railway Administration. Deductions towards such taxes
shall be made from the payments of the contractor in accordance with rules in force from
time to time.
TDS on GST: Railway shall have to recover GST-TDS@ 2% (CGST 1% and SCST/UTGST 1% or
IGST @ 2%) on invoice value (excluding GST) from the payment made of taxable goods or
services or both, where the total contract value of such supply exceeds ₹ 2.50 lacs, or as
prescribed by Government from time to time and remit the same to Govt.
49
Income Tax: The Railway will deduct income tax @ 2% of the gross amount and surcharge
on income tax of each bill as prescribed by Government from time to time and such
Page
deduction of Income Tax shall be recovered while making payment to the Contractor/s. The
settlement of income tax should be made by the contractor with the Income Tax authorities.
4. FOREIGN EXCHANGE REQUIREMENT: Any demand of foreign exchange for importing of
equipments and materials shall not be accepted.
5. SERVICE ROADS: The Contractor will be permitted to make use of existing service roads, or
service roads constructed by the Railway for its use free of cost. New service roads required
by the contractor/s either near the work site or elsewhere within or outside railway limits
for carriage of materials or for any other purpose whatsoever, will have to be constructed
and maintained by the contractor/s at her/ his/their own cost. For the purpose of
constructions of service roads on railway land, permission will be given free of any charge. If
any land other than railway land is necessary to be acquired temporarily or to be entered
upon, permission to enter in the land will have to be arranged by the contractor/s at
her/his/ their cost. The contractor/s will not refer any claim, whatsoever on this account.
6. EMERGENCY WORKS: In the event of any accident or failure occurring in, on or about the
work or arising out of or in connection with the construction, completion or maintenance of
the works, which in the opinion of the Engineer requires immediate attention, the Railway
may bring its own workmen or other agency execute or partly execute the necessary work
or carry out repairs if the Engineer considers that the contractor/s is/are not in a position to
do so in time and charge the cost thereof, which will be determined by the Engineer, to the
contractor.
7. MAINTENANCE PERIOD: In reference to clause no. 47 of GCC maintenance period is
specified as below:
7.1 For Supply, consultancy and hiring items: The maintenance period is limited to date of
completion of work.
7.2 All works other than mentioned in clause 7.1 above: Contractor shall maintain the work
effectively for a period of six months from the date of completion.
When the Railway workmen with necessary equipment are deployed in the above manner,
recovery at the following rate shall be made from the contractor's dues under this contract
or any other money of the contractor available with the Railway under this contract. The
recovery for the total Railway Workmen Hours employed at the rate of ₹100/- (Rupees
Hundred only) per Workmen-Hour irrespective of the type and grade of the Railway
Employee actually employed. The aggregate period of the Workman-Hours for the above
50
recoveries shall be reckoned from the time the Railway Workmen are actually deployed at
Page
the work site till the work is completed to the satisfaction of the Engineer's Representative
whose decision in this regard shall be final and conclusive.
During the above-mentioned period of suspension of work, the contractor shall not in any
manner attempt to carry out any work at the work site. Any such attempt of the contractor
shall be deemed to be an unauthorized work on the work site. For such acts, the contractor
shall then be liable for further appropriate action under the relevant provisions of the Indian
Railway Act.
9. MANNER OF PAYMENT:
9.1 Payments to the contractor will be made by cheque or through Electronic Fund Transfer
(EFT) unless specified otherwise.
(i) For all the tenders having advertised cost of Rs. 10 lakh or above, the contractor shall
have the option to take payment from Railways through a letter of credit (LC) arrangement.
(ii) This option of taking payment through LC arrangement has to be exercised in IREPS
(Indian Railway Electronic procurement System - the e-application on which tenders are
called by Railways) by the tenderer at the time of bidding itself, and the tenderer shall affirm
having read over and agreed to the terms and conditions of the LC option.
(iii) The option so exercised, shall be an integral part of the bidder’s offer.
(iv) The above option of taking payment through LC arrangement, once exercised by
tenderer at the time of biding, shall be final and no change shall be permitted, thereafter,
during execution of contract.
(v) In case tenderer opts for payment through LC following shall be the procedure to deal
release of payment through LC:
(b) The contractor shall select his Advising/Negotiating bank for LC. The incidental cost
towards issue of LC and its operation thereof shall be borne by the contractor.
(c) SBI, New Delhi, Main Branch will be the nodal branch for issue of LCs based on online
requests received from Railway Accounts Units for tenders opened. SBI branches where the
respective Railway Accounts Office has its Account (local SBI branch) will be the issuance/
reimbursing branches for LC issued under this arrangement. The Bank shall remain same for
this tender till completion of contract. The incidental cost @ 0.15% per annum of LC value,
towards issue of LC and operation thereof shall be borne by the contractor and shall be
recovered from his bills.
(d) The LC shall be opened initially for duration of 180 to 365 days in consultation with
51
contractor. The LC shall be extended time to time as per the progress of the contract, on the
Page
thereafter shall be finalized by the engineer in consultation with the contractor on the basis
of expected progress of work.
(e) The LC terms and conditions shall inter-alia indemnify and save harmless the Railway
from and against all losses, claims and demands of every nature and description brought or
recovered against the Railway by reason of any act or omission of the contractor, his agents
or employees, in relation to the Letter of Credit (LC). All sums payable/borne by Railways on
this account shall be considered as reasonable compensation and paid by contractor.
(f) The LC terms and conditions shall inter-alia provide that Railways will issue a Document
of Authorization (format enclosed as Annexure-‘06’) after passing the bill for completed
work, to enable contractor to claim the authorized amount from their bank.
(g) The acceptable, agreed upon document for payments to be released under the LC shall
be the Document of Authorization.
(h) The Document of Authorization shall be issued by Railway Accounts Office against each
bill passed by Railway.
(j) The contractor shall take print out of the Document of Authorization available on IREPS
and present his claim to his bank (advising Bank) for necessary payments as per LC terms
and conditions. The claim shall comprise of copy of Document of Authorization, Bill of
Exchange and Bill.
(k) The payment against LC shall be subject to verification from Railway’s Bank (Local SBI
Branch).
(l) The contractor’s bank (advising bank) shall submit the documents to the Railway’s Bank
(Local SBI Branch).
(m) The railway’s bank (issuing bank) shall, after verifying the claim so received with
reference to the digitally signed Document of Authorization received from Railway Accounts
Office, release the payment to contractor’s bank (advising bank) for crediting the same to
contractor’s account.
(n) Any number of bills can be dealt within one LC, provided the sum total of payments to
contractor is within the amount for which LC has been opened.
(o) The LC shall be closed after the release of final payment including PVC amount, if any to
the contractor.
(p) The release of performance guarantee or security deposit shall be dealt directly by
railway with the contractor i.e., not through LC.
(B) For opening of LC, executive department shall make a request letter to concerned
52
Contractor is entitled payment for the same as per clause 39 of the General Conditions of
the Contract.
(B) Request letter from Executive branch to Accounts Office for opening of LC
Annexure-‘05’
Office of
Railway
No……………………… Dated…………….
The PFA/Sr.DFM/Dy. FA
HQ/Division/Workshop/Cost
Sub: Opening of LC
Ref: Supply Order / Contract Agreement No.
****
It is requested to open a sight LC against the above-referred order/Agreement in favour of
………………….. The details of beneficiary are as under:
i) Name of Contractor/Supplier
i) Vendor Code
ii) Address
iii) Tender No.
iv) Contract Agreement No.
v) Description of Goods/Service
vi) Value of Contract
vii) Stages of payment
viii) Expected payment within 6 months (LC Amount)
ix) Beneficiary bank details;
a. Bank name
b. Address
c. Account No.
d. IFSC Code
It is certified that the supplier/contractor has exercised the option of taking payment due
against the tender, through LC arrangement in IREPS portal at the time of bidding itself and the
option has been flagged in the IREPS. This has the approval of …………………
(Signature)
Name………
53
Designation……..
Page
(Official Seal)
Annexure-‘06’
Dated: -------------
DOCUMENT OF AUTHORIZATION
The beneficiary of the aforementioned Letter of Credit M/s……………. (NAME AND VENDOR
CODE)………………… (Vendor Code…….. as per IREPS……..) Is entitled to receive payment aggregating
INR …….SSS ……. (FROM ABSTRACT OF BILL PASSED)... Out of total LC amount of INR ……… (FROM
MASTER TABLE OF LC OPENED) ……………….. Against the first/second* commercial Invoice No. (FROM
IPAS) ……….. Dated……… FROM IPAS……… for INR (FROM IPAS) ……… raised against the above contract
from State Bank of India…….. (Branch FROM LC MASTER TABLE) ….. On the strength of this
Certificate.
The details of payment already made to the beneficiary under this Letter of Credit are as
follows:
S. Invoice No. Invoice date Invoice Amount LCDA No. LCDA date Amount
No. (INR) paid (INR)
Total Paid
Name
54
Designation
Page
Official Seal
TENDER SCHEDULE
Tender No. : MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
RATE SHEET
I/we hereby agree and abide to do the work for Sch. 'A' of NS Items as below:-
S.No. Schedule Description Total Amount Rate to be quoted by the
tenderer both.
in fig in words
1. 2. 3. 4. 5. 6.
1. Schedule -'A' NS Items 6,49,691.06
Note:-
1. Please Quote a Single % above /below/At Par in above rate sheet on the total Amount as indicated in
column no. 4 as mentioned in Rate Sheet of tender schedule for Sch. 'A' of NS Item.
2. Rates are to be quoted schedule wise only no separate % rate to be quoted for individual NS item.
3. The rates are to be quoted in figure & words.
55
Page
Schedule -'A'
Name of work:- Comprehensive Annual Maintenance Contract of Laboratory Information Management System
installed at central hospital of North Western Railway, Jaipur for three years.(Qty per year is 1/3 of total
quantity.
S.No. Item Description Unit Qty Rate Amount
1 AMC of web based Laboratory Information System (LIS)
including online patient reporting module at Central
Hospital. This includes all hardware/Network device Nos. 3 89536.62 268609.87
and software with licenses necessary for smooth
working of the system.
2 AMC of Client Computers interfacing with LIS as per
specification:- Windows7 Operating system, Intel Core
i3 Processor, 4GB RAM , 500 GB HDD, 17" LED Monitor,
Nos. 15 7168.68 107530.17
keyboard, Mouse, Integrated Ethernet 10/100 BASE-T
with minimum 4 Nos USB ports, com port, audio and
Mike port
3 AMC of Server with processor Intel Xeon E5 (Octa Core)
2620v4 @ 2.1 GHz or higher, L3 cache Memory 20 MB,
RAM 2 x 16 GB DDR4 speed up to @2133 MHz, HDD 2 x
Nos. 3 41263.50 123790.50
1 TB, 23" LED Monitor, keyboard, Mouse, Open Bay,
2.5" Hot Swap SAS/SATA up to 8 Bay, Multi burner,
Integrated RAID 0,1,10 (RAID 110i), 750 W RPS
4 AMC of handheld cordless Barcode Scanner Nos. 6 2856.87 17141.21
5 AMC of Bar Code Printer : Printing Method-Thermal
Transfer, Resolution- 203 dpi, Max. Print Width-4.25", Nos. 6 3438.39 20630.31
Max. Print Length-110", Max. Print Speed- 5 IPS
6 AMC of Laser printers : Resolution (in dpi): Mono
600x600, Paper Size: A4, Print speed in PPM (A4 Size):
Nos. 15 1822.50 27337.46
32, Port: 1 USB, Memory (in MB): NA, Network card
10/100: YES, Duplexing: YES
7 AMC of On Line UPS of 5KVA with half hour back up Nos. 3 2507.74 7523.21
8 AMC of Microsoft Server 2012 or latest SERVER OS with
Nos. 3 10980.75 32942.25
all license and certifications
9 AMC of Microsoft SQL Server 2014 R2 or latest with all
Nos. 3 13283.76 39851.27
license and certifications
10 AMC of Anti Virus with 1 year License for SERVER
Nos. 3 271.91 815.72
edition version
11 AMC of Anti Virus with 1 year License for Client
Nos. 15 234.61 3519.09
Computers
Total Cost for Three consecutive years 649691.06
56
Page
2. SCOPE OF WORK:
The agency will provide the following services to keep the equipment in good working
condition.
2.1 The scope of work covers comprehensive on-site maintenance of Desktops, Servers,
Printers, UPS and any other equipment installed for laboratory Information System.
2.2 The replacement of all the spares is included under the AMC. Replacement of defective
parts will be at the company’s cost with original spares of the brand/make of the
computer and peripherals as far as possible. In the event of non-availability of the
spare parts, equivalent configuration components should be substituted with the
company’s consent. Faulty parts removed from the system belong to company.
2.3 The Company will maintain adequate spare machine and other spares at the site
to facilitate any temporary replacement.
2.4 The scope of work also includes software issue like Operating system (OEM certified
Licensed Windows), reinstallation of OS, Antivirus, configuration of machine
integration as if required taking Data Backup before formatting the machines,
configuring printers, Scanners, bringing PC to Company domain after reinstallation of
PC, installation/configuration of all software’s provided by Company like Antivirus,
email client configuration and Browser configuration for Software in client machine.
2.5. The Technical engineer will provide online support for immediate solution and
liaisons with field engineers deputed for branches.
2.7. All the complaints received shall be attended by them in following manner.
3. EXCLUSIONS
4. Officer In charge: ACHD (Paed)/ /Lab In charge/ Central Hospital, /Jaipur shall be the officer in
charge of the work.
6. Payment Condition:
For Schedule 100% payment shall be paid quarterly after issuing the satisfactory completion
certificate duly signed by laboratory in charge/CH/JP or any other representative nominated by
Medical Director, Central hospital, Jaipur as per log book duly signed.
Rates quoted by the tenderer shall include inspection charges, Octroi, CGST/SGST and other Taxes
leviable from time to time.
7. Right of rejection of any material: Rly. Reserves the right to reject any material supplied by the
contractor if found not confirming to the specification.
8. Completion of work: The completion of work based on 'Completion Certificate’ issued by the
MD/CH/JP on the recommendation of ACHD(Paed)/ /Lab In charge/ Central Hospital, /Jaipur stating
that the contractor has completed the work at all locations and system is functioning in all respects
satisfactorily.
10 . RELOCATION OF SYSTEMS
During the maintenance agreement in force, if clients relocates the system and keep the
Company informed. In case only software assistance is done, physical damage is not borne by
company.
11.0 CONTRACT VALIDITY AND TERMINATION OF AGREEMENT.
This contract will be valid for the period of 36 months with a provision to extend the same
for a further period (if applicable) on the same rates, terms and conditions on mutual
consent.
59
Page
TECHNICAL REQUIREMENTS
Schedule of service-
12. Name of engineer/s along with their contact number/s shall be furnished to engineer in charge
Page
13. In case of failure of any system, railway representative shall immediately inform either on
phone or through message of FAX, after which the time for reporting fault shall commence.
14. The concerned engineer/s will contact daily to the Lab of CH/JP and will confirm from
concerned lab supervisor about working of the system. The time of contact will be decided by
mutual consent.
15. If firm does not attend the failure and the duration of failure becomes longer then Railway will
get the system repaired from open market and all the expenses incurred to rectify the faults
will be recovered from the firm’s bill.
16. The service engineer shall be qualified engineer and well trained with the system
configuration both in hardware and software. The performance (skill, technical knowledge &
behavior) of these service engineers posted by contractor will be closely watched by engineer
in charge of the work. Incase performance is not found satisfactory , railway reserves right to
get any of these engineers/s replaced at a short notice and the contractor is duly bound to
advice railways in writing, in case any one of its engineers is going to remain absent. In such
cases contractor shall give a competent replacement till such time regular engineers returns
back.
17. Service Engineer/s will be provided with identity card from the office of MD/CH/JP . All the
movements by the service Engineers to attend Inspections/failure/maintenance etc. are to be
borne by contractor at his own cost.
18. Preventive maintenance of all equipments shall be done once in a month to avoid/ minimise
the failure and it shall be reported to railway administration.. No extra payment shall be made to
the contractor for this purpose. Preventive maintenance time for system and sub-system put
together shall not exceed 8 hours in a month. Preventive maintenance shall be carried out so as
to ensure high system UP time and to forestall any major system failure. However, preventive
maintenance should not result a total shut down of the system, keeping in view of the security
aspects. Total system shut down can be permitted by authorized Railway official for maximum
period of 2 hours on one occasion only during the period when trains are few at station or when
crowd at the station is minimum or during night. Maximum such occasions during a month shall
not exceed 4 hrs. Any major work related to Software/ Hardware up - gradation which needs
more than 2 hours period, if required, can be granted with prior permission of Railways.
19. During AMC the firm shall maintain the system and keep the items mentioned in tender
schedule in perfect working condition. Any defects/ faults intimated shall be attended
promptly by the firm. Replacement of defective parts/ cards etc. of the hardware excluding
battery shall be done free of charge before taking the AMC and during AMC and Only AMC
charges shall be payable at the accepted rates.
20. Contractor’s site engineer shall have mobile number and shall be accessible 24 hours so that
he can be informed about the failure of the equipment/system. Railway will not be liable for
lapse of this part. It is must for the tenderer to furnish his telephone no., mobile number , mail
id with detailed postal address and contact number of his site representative and their higher
61
21 Railway will not be liable for expenditure incurred for travelling / logistics from one location to
other by site engineer or any other competent person employed / sent by the contractor for
attending to the faults.
22. Contractor shall replace / repair faulty System/Parts at his own cost.
23. Contractor shall be equipped with necessary spares in adequate numbers at nominated
locations so that in case of repairs requiring longer duration the contractor may replace faulty
equipment and the system works on the spare equipment till the faulty equipment is repaired
or is altogether replaced as per site requirement.
24. Responsibility for maintenance and proper upkeep of the systems installed shall be fully of the
contractor and expenditure incurred for the same will be borne by the contractor. Railway will
not be liable to provide any software/hardware architecture of the system to the contractor
for carrying out the scope of the work.
25. The contractor is liable to attend to all types of faults / failure within 8 hours except those
arising out of physical breakage (which is not as a result of bad workmanship on the part of the
contractor) or missing parts due to theft.
26. In case any equipment installed above becomes beyond repairs during AMC period except for
the reason such as physical breakage (which is not as a result of bad workmanship on the part
of the contractor) or missing parts due to theft, the contractor has to replace it by a new
equipment at his own expenditure.
27. If the service engineer feels that the failure is due to any other reason which is beyond his
purview the same should be reasonably supported by reports/measurements/reading etc.
Decision of Railways in this regard shall be the final.
28. Sealing of equipments from water seepage during rainy season shall be ensured personally by
the contractor at his own cost to avoid the failures on this account.
29. It shall purely be the contractor’s responsibility to keep track of any failure occurring in the
system and rectifying it within the time frame specified in point viii) above.
30. Record of maintenance and preventive maintenance/visit shall be maintained by the
contractor at every station provided with passenger amenity items which will be signed jointly
by service engineer and Lab in charge/CH/JP. In addition to it, one register shall also be
maintained in the Test room/Ajmer for maintaining the records of preventive maintenance
and working of IPIS items at all stations. All failures of IPIS system is to be recorded in the
register and representative/ Engineer of firm should inform test room regarding rectification
of fault. This register need to be presented for payment to contractor.
31. The contractor shall not execute the work that may interfere with train traffic until adequate
protection has been arranged as per the instruction of site incharge.
32. Contractor himself will be responsible for the safety of his personnel during execution of work.
Railway will not be responsible for making payment for any type of compensation.
33. No extra transportation charges will be paid for handling machine/equipment or system
components from site to firm’s premises and back in case it is not
repaired/upgraded/augmented at the site.
34. Contractor has to use only OEM components/materials/cards required for
62
36. The contractor will make available a Telephone No and Mobile No. and valid email.id for
Signature of Tenderer ANO/ CH/JP
For and on behalf of President of India
North Western Railway
Medical Department,
Central Hospital Jaipur
E-Tender No. MD/CH/JP/S&T/Estt/14/2019-20/CMC of LIS
NOTE. The Contractor shall not execute the work that may interfere with smooth working of
hospital until adequate Protection has been arranged as per the instructions of the MD/CH/JP.
Contractor will be Himself responsible for the safety of his personnel during execution of work.
Railway will not be Responsible for making payment for any type of compensation. No extra
transportation charges will be paid for handling of the machine/equipment or system
component from site to firm's premises and back.
All other technical instructions given by the MD central Jaipur will be binding in the contract in
addition to what are mentioned in the schedule. All the work is to be carried out as per instruction
of site in charge.
41.0 Contract will be valid for 36 months (three year) from the date of issue of acceptance letter
63
Page
NOTE: - The specifications mentioned in the work schedule are based on presently available
equipments/materials in market. Looking into the fast changing technology the specs can be
changed with prior approval of the engineer in charge of the work.
SIMILAR NATURE WORK: - Definition of ‘Similar nature of work’ for Minimum Eligibility Criteria for
AMC of L.I.M.S. Equipments
A. Preventive and breakdown maintenance of Comprehensive Annual Maintenance Contract of
Laboratory Information Management System at Central Hospital of NWR Jaipur, for three years.
Through approved OEM or his authorized agent/dealer. In case of tenderer being authorized
agent/dealer, an MOU with OEM extending technical support to the tenderer during AMC period
shall also be submitted along with the tender.
64
Page
1. Name of Firm
2. Name of Contractor
4. Type Of Account
7. PAN No
8. Mobile No
9. GST No.
I hereby declare that the particular given above are correct and complete. And I
agree to receive my payment under Electronic Clearing System.