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IRCON INTERNATIONAL LIMITED

(A Govt of India Undertaking)

(National Competitive Bidding)

e-PROCUREMENT DOCUMENTS
For
Supply and stacking of machine crushed Stone Ballast in Yards for the
section between Gevra (km 0) to Pendra road (135.3 Km) & Urga to
Kusmunda (Km 11.516) in connection with the construction of New BG
Electrified Double Railway Line for Chhattisgarh East West Rail Corridor in
the state of Chhattisgarh over South East Central Railway.

Technical Bid

 e-Procurement Notice
 Form of Bid
 Instructions to Tenderers
 Appendix to Tender
 Special condition of contract
 General Conditions of Contract
 Technical Specifications
 Bill of Quantity

February 2023
Corporate office: - Project Office:-
IRCON INTERNATIONAL LIMITED IRCON INTERNATIONAL LIMITED
(A Govt. Of India Undertaking) (A Govt. Of India Undertaking)
C-4, DISTRICT CENTRE, SAKET, North Avenue, Flat No.101, Uslapur
NEW DELHI-110017 Main Road, Sakri D/C, Bilaspur
PHONE: +91-11-29565666, Chhattisgarh-495001
FAX: +91-11-26522000, 26854000 PHONE: +91-7752-443719,
E-mail: [email protected] E-mail: [email protected]

CIN: L45203DL1976GOI008171

1
INDEX

SR. PAGES
SECTION DESCRIPTION
NO. FROM TO
1 Section –I Notice Inviting e-Tender 03 14

2 Section –II Form of Bid 15 16

3 Section –III Instructions to Tenderers 17 72

4 Section –IV Appendix to Tender 73 74

5 Section –V Special Conditions of Contract 75 103

6 Section –VI Safety, health and environment 104 104


management system – Attachment
for clause 44.2 of GCC
(Uploaded separately)
7 Section –VII General Conditions of Contract 105 106
(Uploaded separately)
8 Section –VIII Technical Specifications 107 118
9 Section –IX Certificate of Familiarization and 119 122
Undertaking

10 Section –X Financial Bid 123 125


(Uploaded separately in MS Excel
for quoting of rates)

11 Section-XI Bill of Quantity (BOQ) 126 129


(For Reference Only)

2
SECTION - I
e-Procurement Notice

3
Tender for Ballast Supply from Gevra Road to Pendra Road

IRCON INTERNATIONAL LIMITED


(A Govt. of India Undertaking)
Tender No:. IRCON/2060/CGRP/e-TENDER/22-23/ Gevra-Pendra/Pkg-58 Dated: 14.02.2023

e-PROCUREMENT NOTICE
(National Competitive Bidding)

1.0 Project Director/Chhattisgarh, IRCON INTERNATIONAL LIMITED (IRCON in


abbreviation), 1st Floor, North Avenue, Takhatpur Road, Uslapur, Bilaspur,
Chhattisgarh-495001, Email: [email protected]/ [email protected],
Tel: PHONE: +91-7752-261956, Mob No-9109994832/ 9560595024 for and on
behalf of Chhattisgarh East West Railway Limited invites online bids in two
packet system on prescribed forms from bonafide firms/ companies having
requisite experience and financial capacity for execution of the work detailed
in the table given below. The bidder is advised to examine carefully all
instructions including addendum/corrigendum (s), condition of contract data,
forms, terms, technical specifications, bill of quantities etc. in the bid
document.

1.1 The brief particulars of the Project and the tender are as follows in the Key
Information Table (KIT):

S.No. Particular Details/ Reference of Clause


1. Name of Work Supply and Stacking of machine crushed Stone
Ballast in Yards for the section between Gevra (km
0) to Pendra road (135.3 Km) & Urga to Kusmunda
(Km 11.516) in connection with the construction of
New BG Electrified Double Railway Line for
Chhattisgarh East West Rail Corridor in the state of
Chhattisgarh over South East Central Railway.
2. Estimated Cost of Work Basic Amount (in ₹)
37,99,84,000.00 + GST @5% = ₹ 39,89,83,200.00
3. Completion Period 09 Months (refer SCC Cl 9.0)
4. Publishing Date 14.02.2023 17:30 Hrs
5. Bid Document Download/ 14.02.2023 17:30 Hrs
Start Date
6. Clarification Start Date & 15.02.2023 11:30 Hrs
Time
7. Clarification End Date & 20.02.2023 17:30 Hrs
Time

8. Pre-bid Meeting Date, 22.02.2023


Time & Venue Venue: Virtual Conferencing 11:30 Hrs
https://meet.google.com/fhg-uqzq-yyk

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Tender for Ballast Supply from Gevra Road to Pendra Road

9. Email for receiving Pre bid [email protected] and/ or


queries [email protected] and/ or
[email protected]
10. Last date for receiving 02 (two) days before the Prebid meeting (refer e-
Prebid Queries Procurement Notice Cl 6.3)
11. Bid Submission Start 28.02.2023 09:00 Hrs
Date & Time
12. Bid Submission End 07.03.2023 15:00 Hrs
Date & Time
13. Bid Opening Date & 09.03.2023 15:00 Hrs
Time
14. Type of Tender Open

15. No. of Packets Two Packet


16. e-Procurement Portal https://etenders.gov.in/eprocure/app
17. Fee for participating in the ₹ 30,000/- (Rupees Thirty Thousand only)
bidding (Non-Refundable) (refer e-Procurement Notice Cl 4.5)
18. Earnest Money Deposit ₹ 25,94,916.00
Pay order/ Demand draft should be payable at
Bilaspur(refer ITT Cl .9)
19. Tender Box location IRCON INTERNATIONAL LIMITED
address to submit physical 1st Floor, North Avenue
document, if any Takhatpur Road, Uslapur
Bilaspur, Chhattisgarh-495001 (refer Cl. 9 & Annexure-
VII of ITT) (refer Cl. 9 & Annexure-VII of ITT)
20. Validity of the Bid 90 days after the date of opening (Technical Bid) of the
tender.
21. Place of Registration of Anywhere in India in case of National Competitive bidding
firm/company: (refer ITT Cl 1.2)
22. Whether Joint Venture Not Permitted
(JV) is permitted or not.

23. Maximum no. of JV N/A


members allowed.
24. Client/ Owner Name Chhattisgarh East West Railway Limited
CSIDC Complex, Mahadev Ghat Road
Raipur Chowk, Raipur,
Chhattisgarh - 492001
(refer ITT Cl 1.4 a))
25. Employer/ Executing IRCON INTERNATIONAL LIMITED
Agency Name & address 1st Floor, North Avenue, Takhatpur Road,
Uslapur, Bilaspur, Chhattisgarh-495001
(refer ITT Cl 1.4 b))
26. Scope of Work (refer SCC Cl no. 2)
27. Purchase Preference to Applicable
MSEs
28. Proforma for Statement of Annexure-IV(A) of ITT
Minor Deviations (refer ITT Cl 6 & 7)

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Tender for Ballast Supply from Gevra Road to Pendra Road

29. Statement of Minor Annexure-IV(AA) of Bill of Quantity (BOQ)


Deviations with Price in (refer ITT Cl 6 & 7)
the Financial Bid
30. Performance Security 3% of Contract Value
(refer Cl 12.1 of S.C.C.)
31. Retention Money Refer Cl 12.2 of S.C.C
32. Insurance Refer Cl 11.0 of S.C.C.
33. Price Variation Refer Cl 8.0 of S.C.C
34. Submission of Within 21 days from the date of issue of Letter of
Performance Security Acceptance (LOA) (refer Cl 12.0.)
35. Defect Liability Period 12 Months.(refer SCC Cl 10.0)
36. Signing of Agreement Within 28 days from the date of issue of Letter of
Acceptance (LOA) (refer Cl 12.5 of GCC)

2.0 Website https://etenders.gov.in/eprocure/app may be referred for detailed


terms and conditions of the bidding documents, which is available on line.
Amendments/ Corrigendum/ Addendum, if any would be hosted on the
website only.

3.0 ELIGIBILITY CRITERIA

Eligibility of the applicants shall be assessed based on the “Essential


Qualifying Criteria” as given in Annexure-V to “Instructions to Tenderers”.

4.0 Accessing of Bid Documents & Fee for participating in the bidding

4.1 The complete Bid Document can be viewed/ downloaded from the e-
Procurement portal i.e. https://etenders.gov.in/eprocure/app free of cost.

4.2 Help for Contractors, FAQ, Information about DSC and Bidders Manual Kit
containing the detailed guidelines for e-Procurement system are also
available on Central Public Procurement Portal.

4.3 It is mandatory for all the bidders to have a valid Class-III Digital Signature
Certificate (in the name of person having power of attorney to sign the Bid)
from any of the licensed Certifying Agency (Bidders can see the list of
licensed CA’s from the link www.cca.gov.in) to participate in e-Procurement
of IRCON.

4.4 It is mandatory for the bidders to get their firm/ company registered with e-
procurement portal https://etenders.gov.in/eprocure/app to have user ID &
password. A firm/ company who has registered with the e-Procurement
portal as a single entity in the individual capacity can submit the tender either
as individual firm/ company or joint venture/ consortium, if JV/ consortium is
permitted.

4.5 Tender documents will be available online on website


https://etenders.gov.in/eprocure/app as per date mentioned in Key
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Tender for Ballast Supply from Gevra Road to Pendra Road

Information Table (KIT) which can be downloaded free of cost. However, to


participate in the online bidding process, bidders are required to pay a non-
refundable fee of Rs. 30,000/- (Rupees. Thirty Thousand only) towards the
cost of one set of tender document through NEFT or RTGS only in IRCON’s
bank account no.: 57500001027006, IFSC Code :HDFC0000771 at HDFC Bank,
Block -A, Rao Trade Center, Link Road, Bilaspur, CG-495001 in favour of “IRCON
INTERNATIONAL LIMITED CEWRL” payable at Bilaspur.

5.0 Instructions to Bidders for Online Bid Submission on the e-


Procurement portal https://etenders.gov.in/eprocure/app .

Bidders may download and refer the “Instructions for Online Bid
Submission” from
(https://etenders.gov.in/eprocure/app;jsessionid=F90A7689A0BF87EF35B88D2
CA57C6FD4.cppsugep2?page=StandardBiddingDocuments&service=page).

6.0 Pre-bid meeting

6.1 A pre-bid meeting of the interested prospective bidders shall be convened


on the date and venue mentioned above in the Key Information Table.

6.2 The purpose of the pre-bid meeting is to clarify issues and to answer
questions on any matter that may be raised.

6.3 The bidder is requested to submit his queries in writing either by post/ by hand
or by email @ [email protected] and/ or [email protected]
and/ or [email protected], Contact No. 9109994832 mentioned in Key
Information Table above so as to reach this office not later than two days before
the meeting.

6.4 Any prospective bidders desirous of attending the pre bid meeting shall
send a letter of authority on its letter head specifying the name and
designation of the person who will be attending the pre bid meeting on its
behalf to the Tender Inviting Authority as mentioned in clause no. 1.0
above. Any such letter of authority shall reach IRCON at least three days
before the date of pre-bid meeting.

7.0 IRCON may issue addendum(s)/ corrigendum(s) to the tender documents.


In such case, the addendum(s)/ corrigendum(s) shall be issued and placed
on website https://etenders.gov.in/eprocure/app at any time before the
closing time of tender. The tenderers who have downloaded the tender
documents from website must visit the website and ensure that such
addendum(s)/ corrigendum(s) (if any) is also downloaded by them. This
shall be the responsibility of the prospective registered bidders to keep
checking the web site for any such corrigendum/ addendum till the bid
submission end date and time, and ensure that bid submitted by them are
in accordance with all the corrigendum(s)/ addendum(s). Suitable time

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Tender for Ballast Supply from Gevra Road to Pendra Road

extension (not less than 3 days beyond the date of last amendment) for
submission of bids will be granted.

8.0 The tender documents shall be submitted online in the prescribed format
given on the website and technical bids received online shall be opened as
per date mentioned in Key Information Table (KIT) or Corrigendum thereof.
No other mode of submission is acceptable. Detailed credentials as per the
requirement of eligibility criteria and all tender papers except Bill of
Quantities are to be submitted in “Technical Bid”. Bill of Quantities with rates
duly filled in along with Proforma for statement of minor deviations
(Annexure-IVAA) with price adjustment for each deviation(s) duly filled in
are to be submitted in the format provided online in the name of “Financial
Bid”. Hence, physical submission of the documents is limited to submission
of original Earnest Money Deposit in the form of Pay Order/ Demand Draft/
Fixed Deposit Receipt/ Bank Guarantee as per provision given in sub-
clause 9.1 of Instructions to Tenderers. Representative of the bidder, who
wish to attend in person, may attend the online opening of the bids on the
scheduled date and time of Bid opening by IRCON Officials. However, such
representatives shall be allowed to attend the opening of the Bids, only, if
such person presents the letter of authority issued in his name by the bidder
on his letter head.

9.0 Bidders cannot submit the tender after the due date and time of e-bid
submission. Time being displayed on Central Public Procurement Portal
https://etenders.gov.in/eprocure/app (“Server System Clock Time”) shall be
final and binding on the bidder. e-Bids are required to be submitted by
bidders, only as per the Indian Standard Time (IST) and not the time as per
their location/country.

10.0 The bidders are advised to submit their e-bids well before the e-bid
submission due date and time. IRCON shall not be responsible for any
delay in submission of e-bids for any reason including server and technical
problems.

11.0 The Technical and Financial Bid shall be digitally signed by the Authorized
Signatory of the bidder & submitted “on-line” only. The authorized signatory
of the bidder must be in possession of Power of Attorney before submitting
the digitally signed bid. Scanned copies of various documents can be
prepared in different file format (PDF, JPEG).

12.0 Tender shall be submitted as per “Instructions to Tenderers” forming a part


of the tender document.

13.0 Any tender received without original Earnest Money in the form as
specified in tender documents shall not be considered and shall be
summarily rejected.

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Tender for Ballast Supply from Gevra Road to Pendra Road

14.0 IRCON reserves the right to cancel the tenders before submission/ opening
of tenders, postpone the tender submission/ opening date and to accept/
reject any or all tenders without assigning any reasons thereof. IRCON’s
assessment of suitability as per eligibility criteria shall be final and binding.

15.0 Tenderers may note that they are liable to be disqualified at any time during
tendering process in case any of the information furnished by them is not
found to be true. EMD of such tenderer shall be forfeited. The decision of
IRCON in this regard shall be final and binding.

16.0 IRCON reserves the right to pre-qualify the bidder(s) provisionally based
on the documents submitted by them and open financial bid(s), subject to
their final verification. In the event of any document being found false, the
provisional qualification shall stand withdrawn, and the next lower bidder
shall automatically come to the position of such disqualified bidder. Action
against such disqualified tenderers shall be taken as per above clause no.:
15.0 of Notice Inviting Tender.

16.1 The tenderers shall submit affidavit stating that all their statements/
documents submitted along with bid are true and correct. Standard format
of affidavit to be submitted by the bidder is enclosed as Annexure-IV. Non
submission of above affidavit by the bidder shall result in summarily
rejection of his/ their bid.

17.0 The validity of the offer shall be for the period indicated in Key
Information Table (KIT) in Para 1.1 of e-Procurement Notice” after the
date of opening (Technical Bid) of the tender.

18.0 Public Procurement (Preference to Make in India), Order 2017

[Note: This clause shall not be applicable for tenders valuing less than `5 lacs.]
18.1.1 Class-I Local Vendor- a supplier or service provider, whose goods,
services or works offered for procurement, has minimum local content
equal to or more than 50%.

18.1.2 Class-II Local Vendor- a supplier or service provider, whose goods,


services or works offered for procurement, has minimum local content
more than 20% but less than 50%.

(Clarification: Local Vendor does not mean Vendor from a particular


state/area.)

18.1.3 Non-Local Vendor- a supplier or service provider, whose goods,


services or works offered for procurement, has minimum local content
less than or equal to 20%.

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Tender for Ballast Supply from Gevra Road to Pendra Road

18.2 In procurement of all goods, services or works in respect of which the Nodal
Ministry/ Department has communicated that there is sufficient local
capacity and local competition, only 'Class-I local vendor', as defined
above, shall be eligible to bid irrespective of purchase value.

18.2.1 Only 'Class-I local vendor 'and' Class-II local vendor' shall be eligible
to bid in procurement of all goods, services or works, and with estimated
value of purchases less than ` 200 Crore.

18.2.2 In all other domestic tenders, 'Class-I local vendors' and 'Class-II local
vendors' can participate in the bidding process.

18.2.3 ‘Class-I local vendors’ shall get purchase preference over ‘Class-II local
vendors’.

18.2.4 ‘Class-II local vendors’ will not get any purchase preference.

18.2.5 Non local vendors can participate only when global tender is invited. In
global tender enquiry, ‘Non-local vendors’ shall also be eligible to bid
along with ‘Class-I local vendors’ and ‘Class-II local vendors’.

18.2.6 The bidder(s) offering imported products will fall under the category of
Non-local vendors. They can’t claim themselves as Class-I local vendors/
Class-II local vendors by claiming the services such as transportation,
insurance, installation, commissioning, training and after sales service
support like AMC/CMC etc. as local value addition.

18.3 The margin of purchase preference shall be 20%.

18.3.1 ‘Margin of purchase preference’ means the maximum extent to which the
price quoted by a “Class-I local Vendor may be above the L1 for the
purpose of purchase preference.

18.4 Bidders (manufacturer or principal of authorised representative) who have


a valid/ approved ongoing ‘Make in India’ agreement/ program and who
while meeting “Essential Qualifying Criteria” as given in Annexure-V to
“Instructions to Tenderers”, would also be considered to be qualified
provided:

i) their foreign ‘Make-in-India’ associates meets “Essential Qualifying


Criteria” as given in Annexure-V to “Instructions to Tenderers”
without exemption, and

ii) the Bidder submits appropriate documentary proof for a valid/


approved ongoing ‘Make in India’ agreement/ program.

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Tender for Ballast Supply from Gevra Road to Pendra Road

iii) the bidder (manufacturer or principal of authorised representative)


furnishes along with the bid a legally enforceable undertaking jointly
executed by himself and such foreign Manufacturer for satisfactory
manufacture, Supply (and erection, commissioning if applicable) and
performance of ‘The Product’ offered including all warranty
obligations as per the general and special conditions of contract.

18.5 In the procurements of goods or works, which are covered by sub-


clause 18.2.1 and 18.2.5 above and which are divisible/ spliltable in
nature, the ‘Class-I local vendor’ shall get purchase preference over
‘Class-II local vendor’, as per the following procedure:

18.5 (i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is
‘Class-I local vendor’, the contract for full quantity will be awarded to L1.

18.5 (ii) If L1 bid is not a ‘Class-I local vendor”, 50% of the order quantity shall
be awarded to L1.Thereafter, the lowest bidder among the ‘Class-I local
vendors’, will be invited to match the L1 price for the remaining 50%
quantity subject to the ‘Class-I local vendor’s quoted price falling within
the purchase preference margin of (L1 + 20%), and contract for that
quantity shall be awarded to such ‘Class-I local vendor’ subject to
matching the L1 price. In case such lowest eligible ‘Class-I local vendor’
fails to match the L1 price or accepts less than the offered quantity, the
next higher ‘Class-I local vendor’ within the purchase preference margin
of (L1 + 20%) shall be invited to match the L1 price for remaining
quantity and so on, and contract shall be awarded accordingly. In case
some quantity is still left uncovered on ‘Class-I local vendors, then such
balance quantity may also be ordered on the L1 bidder.

18.6 In procurements of goods or works, which are covered by sub-clause


18.2.1 and 18.2.5 above and which are not divisible in nature, and in
procurement of services where the bid is evaluated on price alone, the
‘Class-I local vendor’ shall get purchase preference over ‘Class-II local
vendor’ as well as ‘Non-local vendor’ as per following procedure:

18.6 (i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is
‘Class-I local vendor, the contract will be awarded to L1.

18.6 (ii) If L1 is not ‘Class-I local vendor’, the lowest bidder among the ‘Class-I
local vendors’, will be invited to match the L1 price subject to Class-I
local vendor’s quoted price falling within the purchase preference margin
of (L1+ 20% ), and the contract shall be awarded to such ‘Class-I local
vendor’ subject to matching the L1 price.

18.6 (iii) In case such lowest eligible ‘Class-I local vendor’ fails to match the L1
price, the ‘Class-I local vendor’ with the next higher bid within the
purchase preference margin of (L1+ 20% ) shall be invited to match the
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Tender for Ballast Supply from Gevra Road to Pendra Road

L1 price and so on and contract shall be awarded accordingly. In case


none of the ‘Class-I local vendor’ within the purchase preference margin
of (L1+20%) matches the L1 price, then the contract may be awarded to
the L1 bidder.

18.7 The ‘Class-I local vendor’ / ‘Class-II local vendor’ at the time of tender,
bidding or solicitation shall be required to indicate percentage of local
content and provide self-certification that the item offered meets the local
content requirement for ‘Class-I local vendor’ / ‘Class-II local vendor’, as
the case may be. They shall also give details of the location(s) at which the
local value addition is made.

18.8 In cases of procurement for a value in excess of ` 10 Crores, the ‘Class-I


local vendor’ / ‘Class-II local vendor’ shall be required to provide a
certificate from the statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing
chartered accountant (in respect of supplies other than companies) giving
the percentage of local content.

18.9 A vendor who has been debarred by any procuring entity for violation of
this Order shall not be eligible for preference under this Order for
procurement by any other procuring entity for the duration of the
debarment.

18.10 Entities of countries which have been identified by the Nodal Ministry/
Department as not allowing Indian companies to participate in their
Government procurement for any item related to that Ministry/ Department
shall not be allowed to participate in procurement for all items related to
the nodal Ministry/ Department, except for the list of items published by the
Ministry/ Department permitting their participation. The term entity of a
country shall have the same meaning as in the FDI policy of DPIIT as
amended from time to time.

19.0 Purchase Preference Policy for Micro and Small Enterprises (MSEs) Registered
Firms:
19.1 Purchase Preference Policy to Micro and Small Enterprises (MSEs) as
admissible under Government’s existing policy on the date of acceptance of
tender shall be applicable to Micro and Small Enterprises (MSEs) registered for
the tendered items of goods/services with any statutory bodies specified by
Ministry of Micro and Small Enterprises (MSEs) having Udyog Aadhaar
Memoranda shall also be given all benefits under Public Procurement Policy
Order 2012.

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Tender for Ballast Supply from Gevra Road to Pendra Road

19.2 The tenderer(s) shall submit photocopy of current and valid MSEs registration
certificate inclusive of all the pages showing the category of entrepreneur –
whether the registered firm is owned by General or SC/ST or Women
entrepreneurs, monetary limit of their registration for the items of goods/services
tendered to avail the benefits under the policy. The MSEs shall also submit a copy
of Entrepreneur’s Memorandum (Part-II)” of the concerned district center where
the unit is established. The MSEs must also indicate the terminal validity date of
their registration.

19.3 Such MSE registered firms shall be exempted from payment of tender document
cost and payment of Earnest Money Deposit.

19.4 Definition of MSEs owned by SC/ST is as given below:

19.4.1 In case of proprietary MSE, proprietor (s) shall be SC/ST.

19.4.2 In case of partnership MSE, the SC/ST partners shall be holding at least 51%
shares in the unit.
19.4.3 In case of Private Limited Companies, at least 51% share shall be held by SC/ST
promoters.

19.5 All bidders registered under Micro & Small Enterprises (MSEs) shall have to
satisfy the eligibility criteria at par with other bidders. There shall not be any
relaxation in eligibility criteria or tender process or other tender requirements and
L.1 price.

19.6 If lowest valid bidder is non-MSE firm, then in such a case –

(a) IRCON may offer up to 25 % of the tendered quantity to those firms


registered under Micro and Small Enterprises (MSEs) Act whose quoted
rate fall within +15% of the lowest valid bid quoted price by non-MSE (L.1)
offer provided that they are willing to bring down their price matching to
that of L.1 bidder and subject to their monetary limit.
IRCON may split the total quantity of 25% proportionately amongst those
MSEs firms whose rate fall within price band of L.1 + 15% in case of more
than one MSEs firms falling under this purview. While splitting the quantity
amongst MSEs firms the first preference for 5 percent out of 25% shall be
given to MSEs owned by Scheduled Castes or Scheduled Tribes and 3%
out of 25% shall be given to MSE’s owned by Women entrepreneurs
subject to their monetary limit.

(b) Purchase preferences facilities shall not be applicable in the tender where
quantity cannot be split. In such situations the total quantity shall be
offered to the lowest valid bidder irrespective of their registration status

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Tender for Ballast Supply from Gevra Road to Pendra Road

and the benefit to MSEs shall be limited to exemption from cost of tender
document and Earnest Money Deposit only.

(c) The total quantity shall be offered to non-MSEs lowest value bidder, in
case suitable offer of MSEs firm is not available or they do not agree to
match the price to that of L1 bidder and the quoted price by MSEs is
beyond +15% of the lowest valid price bid.

19.7 The above facilities shall not be applicable for the items for which they are
not registered.

For & on behalf of


Chhattisgarh East West Railway limited

(Ankush Gupta)
Project Director/CGRP
IRCON INTERNATIONAL LIMITED,
1st Floor, North Avenue,
Takhatpur Road, Uslapur,
Bilaspur, Chhattisgarh-495001,
Email: [email protected]/
[email protected],
Tel:: +91-7752-443719,
Mob No-9109994832/ 9560595024

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SECTION - II
Form of Bid

15
Tender for Ballast Supply from Gevra Road to Pendra Road

FORM OF BID
To
IRCON INTERNATIONAL LIMITED,
Acting Through
Project Director/ Chhattisgarh
Ircon International Limited,
1st Floor, North Avenue, Takhatpur Road,
Uslapur, Bilaspur, Chhattisgarh-495001
Dear Sir,
I/We, ____________________________ (Name and address of the tenderer) have read
the various terms and conditions of the e-Procurement documents attached herewith duly
signed by me/ us and agree to abide by the same. I/We also agree to keep this tender
open for acceptance within the period of the validity of bids and on default thereof our
Earnest Money is liable to be forfeited.
I/We hereby declare that we have visited the site of the work and have made ourselves
fully conversant of the conditions therein and including the topography of area, soil strata
at site of work, sources and availability of construction materials, rates of construction
materials, water, electricity, all local taxes, royalties, octroi etc., availability of local labour
(both skilled and unskilled), relevant labour rates and labour laws, the existing road and
approaches to the site of work, requirements for further service roads / approaches to be
constructed by me / us, the availability and rates of private land etc. that may be required
by me / us for various purposes, climatic conditions, law and order situation and
availability of working days.
I/We have quoted our rates for various items in the Bill of Quantities taking into account
all the above factors and I/We offer to do the work
“_____________________________________________” (Name of the work) at the
rates quoted in the attached Bill of Quantities and hereby bind ourselves to complete the
work in all respects within time schedule depicted in tender documents from the date of
issue of letter of acceptance of tender.

I/We also understand that until a formal Contract Agreement is executed, Letter of
Acceptance along with all tender documents shall constitute a binding contract between
me/us and Ircon International Limited.

Our Bank Account No. for the purpose of refund of EMD is……….…(Account No., Name
of A/C Holder, other details for NEFT/ RTGS).

Thanking you,
Yours Faithfully,
Signature____________ and name of the signatory _______________________in
capacity of____________ duly authorized to sign bids for and on behalf of:
_________________________________________________________ (In Block capital
letters)

Date this________day of __________ 2023

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Tender for Gevra Road-Pendra Road between 0-29 Km & Urga - Kusmunda

SECTION-III

Instructions to Tenderers

17
Tender for Track Linking Works from Gevra Road to Pendra Road

SECTION III: Instructions To Tenderers


Table of Clauses
Clause No. Description Page No.
A.1 General 19
A.2 Cost of Bidding 24
B. The Bidding Documents 24
B.3 Content of Bidding Documents 24
B.4 Understanding and Amendment of Tender Documents 25
C. Preparation of the Bids 25
C.5 Language of Bid 25
C.6 Signing of All Bid papers and Completing Bill of Quantities 26
C.7 Deviations 26
C.8 Submission of tender documents 27
C.9 Earnest Money 27
C.10 Integrity Pact 29
C.11 Period of validity of the tender 30
D. Submission of Bids 30
D.12 Deadline for submission of tender 30
D.13 Modification/ Substitution/ Withdrawal of tender 31
E. e-Bid opening and Evaluation 31
E.16 Opening of the tender 31
E.17 Clarification of the tenders 32
E.18 Preliminary Examination of bids 32
E.19 Evaluation and comparison of tenders 33
E.20 Canvassing 33
E.21 Right to accept any tender or reject all tenders 33
E.23 Award of Contract 34
E.24 Contractor Performance Feedback and Evaluation System 34
E.25 Ineligibility to participate in re-tenders/ future cases 34
E.26 Bidder non-eligibility for participation in tender & Declaration of 34
non-performance or ban status
E.27 Consequences of misrepresentation 35
Annexure-I Details of the Bidder 36
Annexure-II Assessment of Performance of working contractor 37
Annexure-III Assessment of Performance of working consultant 38
Annexure-IV Format of Affidavit to be signed by the tenderer 39-41
Annexure-IV(A) Proforma for Statement of Minor Deviations 42
Annexure-V Essential Qualifying Criteria 43-47
Annexure-VI Integrity Pact 48-56
Annexure-A List of Relatives 57
Annexure-B Procedure for Suspension/Banning of Business Dealings with 58-65
agencies in IRCON
Annexure-VII Check list for list of documents to be scanned, uploaded with the 66
e-tender and submitted online not later than the prescribed date
and time for e-bid submission
Format-1 Details of similar works completed in last seven years 67
Format-2 Revenue from Operations for the last three years 68
Format-3 Program for deployment of manpower 69
Format-4 Program for deployment of plant and machinery proposed to be 70
deployed on the project
Format-5 Maximum value of work executed & payment received 71
Format-6 Existing Commitment and Ongoing Construction Works 72

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Tender for Ballast Supply from Gevra Road to Pendra Road

INSTRUCTIONS TO TENDERERS (ITT)

A.

1 General

1.1 Name of the Work: As indicated in ‘Key Information Table (KIT) in Para
1.1 of e-Procurement Notice’.

1.2 “A bidder in the capacity of Individual or Sole Proprietor, Partnership Firm,


or Company/ Joint Venture (JV) (if permitted as per clause 1.2.2 below)
can participate in the tender and the bidder must upload copies of the
constitution of its firm such as Partnership Deed, Registration Certificate,
Memorandum & Articles of Association, etc., as applicable, MOU/ Joint
Venture agreement, if applicable, duly attested by the authorized signatory
along with Power of Attorney of authorized signatory, signing the e-bid
documents digitally as well as manually, duly attested by Notary Public”.

1.2.1 Place of Registration of firm/ company as indicated in “Key Information


Table (KIT) in Para 1.1 of e-Procurement Notice”.

1.2.2 Please refer Key Information Table (KIT) in Para 1.1 of e-Procurement
Notice to check whether Joint Venture (JV) is permitted or not permitted to
participate in the tender.

1.2.2.1 In case of tender where Indian Railway's GCC is applicable, JV Clauses


of Indian Railway GCC shall be applicable and clauses 1.2.4 (a) to (h) will
not be applicable.

1.2.3 Foreign bidder as a single entity is not permitted to participate in the


national competitive bidding, if it is not legally valid firm/ company
registered in India as per Indian laws. However, if Joint Venture is
permitted in this tender as per sub-clause no. 1.2.2 above, then foreign
bidder can participate as a member of JV. Foreign bidder from a country
which shares land border with India also has to satisfy the requirements
mentioned in sub-clause 1.3 below.

1.2.4 Joint Venture Clause (Not Applicable)

1.2.5 Participation of Partnership Firms:

1.2.5.1 The Partnership Firms participating in the tender should be legally valid
under the provisions of the Indian Partnership Act.

1.2.5.2 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

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Tender for Ballast Supply from Gevra Road to Pendra Road

been notarized as per the Indian Partnership Act, prior to submission of


tender.

1.2.5.3 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.

1.2.5.4 Once the tender has been submitted, the constitution of the firm shall not
normally 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 the Employer 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 Employer and the
tenderer shall have no claims what-so-ever. Any change in the
constitution of Partnership firm after submission 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 Bid Security shall be forfeited.

If any Partner/s withdraws from the firm after submission of the tender
and before the award of the contract, the offer shall be rejected and Bid
Security of the tenderer will be forfeited. If any new partner joins the firm
after submission 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 the Employer 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 50 of the Standard General Conditions of
Contract.

1.2.5.5 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.

1.2.5.6 The tender form shall be submitted only in the name of partnership firm.
The Bid Security shall be submitted by partnership firm. The Bid Security
submitted in the name of any individual partner or in the name of
authorized partner (s) shall not be considered.

1.2.5.7 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.

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Tender for Ballast Supply from Gevra Road to Pendra Road

1.2.5.8 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.

1.2.5.9 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.

(a) Joint and several liabilities:

The partners of the firm to which the Letter of Acceptance (LOA) is


issued, shall be jointly and severally liable to the Employer 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 Employer during
the course of execution of the contract or due to non-execution of
the contract or part thereof.

(b) Duration of the partnership deed and partnership firm agreement:


The partnership deed/partnership firm agreement shall normally not
be modified/altered/ terminated during the currency of contract and
the maintenance period after the work is completed as contemplated
in the conditions of the contract. Any change carried out by partners
in the constitution of the firm without permission of the Employer,
shall constitute a breach of the contract, liable for determination of
the contract under Clause 50 of the Standard General Conditions of
Contract.

(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 Employer.

1.3 Any bidder from a country, which shares a land border with India, will be
eligible to bid if bidder is registered with the Competent Authority
nominated/ Registration Committee constituted by the Department for
Promotion of Industry and Internal Trade (DPIIT).

i) “Bidder from a country which shares a land border with India” for the
purpose of this Clause means:-

a. An entity incorporated, established or registered in such a country;


or

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Tender for Ballast Supply from Gevra Road to Pendra Road

b. A subsidiary of an entity incorporated, established or registered in


such a country; or

c. An entity substantially controlled through entities incorporated,


established or registered in such a country; or

d. An entity whose beneficial owner is situated in such a country; or

e. An Indian ( or other ) agent of such an entity; or

f. A natural person who is a citizen of such a country; or

g. A consortium or joint venture (if joint venture is permitted in the


tender in terms of sub-clause 1.2.2 above) where any member of the
consortium or joint venture falls under any of the above.

ii) The beneficial owner for the purpose of (i) above will be as under:

1. In case of a company or Limited Liability Partnership, the beneficial owner is


the natural person(s), who, whether acting alone or together, or through one
or more juridical person, has a controlling ownership interest or who exercises
control through other means.
Explanation-
a. “Controlling ownership interest” means ownership of or
entitlement to more than twenty-five per cent of shares or capital
or profits of the company.
b. “Control” shall include the right to appoint majority of the directors
or to control the management or policy decisions including by
virtue of their shareholding or management rights or
shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together , or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of
the partnership;

3. In case of an unincorporated association or body of individuals, the beneficial


owner is the natural person(s), who, whether acting alone or together, or
through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individuals;

4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;

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Tender for Ballast Supply from Gevra Road to Pendra Road

5. In case of a trust, the identification of beneficial owner(s) shall include


identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control of ownership.

iii) An Agent is a person employed to do any act for another, or to represent


another in dealings with third person.

iv) The successful bidder shall not be allowed to sub-contract works to any
contractor from a country, which shares a land border with India unless
such contractor is registered with the Competent Authority nominated/
Registration Committee constituted by the Department for Promotion of
Industry and Internal Trade (DPIIT).

1.4 The work is proposed to be executed under the following relationship.

a) Client/ Owner: As indicated in ‘Key Information Table (KIT) in Para 1.1


of e-Procurement Notice’.

Chhattisgarh East West Railway Limited


CSIDC Complex, Mahadev Ghat Road
Raipur Chowk, Raipur,
Chhattisgarh - 492001

b) Employer/ Executing Agency:

IRCON INTERNATIONAL LIMITED


1st Floor, North Avenue, Takhatpur Road,
Uslapur, Bilaspur, Chhattisgarh-495001

c) Contractor: The successful tenderer to whom the work is awarded shall


become the contractor for the execution of this work

1.5 Throughout these bidding documents, the terms “bid” and “tender” and
their derivatives (“bidder”/ “tenderer”),“bid/ tendered”, “bidding”/
“tendering”, etc.) are synonymous. Day means calendar day. Singular also
means plural.

1.6 Scope of Work: As indicated in ‘Key Information Table (KIT) in Para 1.1 of
e-Procurement Notice’.

The scope given in the KIT is only indicative. The detailed scope has been
described in the tender documents.

1.7 Approximate Estimated cost of the work is as indicated in the ‘Key


Information Table (KIT) in Para 1.1 of e-Procurement Notice.’

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Tender for Ballast Supply from Gevra Road to Pendra Road

1.8 A bidder shall submit only one bid in the capacity of an Individual or Sole
Proprietor, Partnership firm, or Company or Joint Venture (if permitted in
the tender). In case joint venture is permitted in the tender in terms of sub-
clause 1.2.2 above, a member of JV shall not be permitted to participate
either in individual capacity or as a member of another JV in the same
tender. Violation of this condition is liable to disqualify the tenders in which
such bidder has participated and EMD of all such tenderers shall stand
forfeited.

2 Cost of Bidding

2.1 The bidder shall bear all costs associated with the preparation and
submission of the bid and the Employer will in no case be responsible or
liable for these costs regardless of the conduct or the outcome of the
bidding process.

B. The Bidding Documents

The tenderers must use the formats available in technical bid and
financial sheets available in excel format in this Tender Document for
submission of their Technical as well as Financial Bid. Any Bid not
conforming to the prescribed format is liable to be declared non-
responsive.

3 Content of bidding documents

3.1 The bidding documents include the following:

e-Procurement Notice
Form of Bid
Instructions to Tenderers
Appendix to Tender
Special Conditions of Contract
General Conditions of Contract
Particular Technical Specifications
General Technical Specifications
Drawings
Bill of Quantities

3.2 The bidder is expected to examine all instructions, terms, conditions,


forms, specifications, corrigendum/ addendums and other information in
the bidding documents. Failure to furnish all information required by the
bidding documents or submission of a bid not substantially responsive to
the bidding documents in every respect will be at the bidders' risk and may
result in rejection of his bid.

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Tender for Ballast Supply from Gevra Road to Pendra Road

4 Understanding and Amendment of Tender Documents

4.1 The bidder must obtain for itself on its own responsibility and its own cost
all the information including risks, contingencies & other circumstances
in execution of the work. It shall also carefully read and understand all its
obligations & liabilities given in tender documents.

4.2 The bidder is advised to visit and examine the site where the work is to
be executed and its surroundings or other areas as deemed fit by the
bidder and obtain for itself on its own responsibility all information that
may be necessary for preparing the bid and execution of the contract.
The cost of visiting the site and collecting relevant data shall be at the
bidder’s own expenses. It is a condition of the tender that the tenderer is
deemed to have visited the site and satisfied himself with all the
conditions prevailing including any difficulties for executing the work.

4.3 Bidders 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 Service Tax Act (SGST)
also, as notified by Central/ State Government and as amended from time
to time and applicable taxes before bidding. Bidders will ensure that full
benefit of Input Tax Credit (ITC) likely to be availed by them is duly
considered while quoting rates.

4.4 The successful bidder 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 IRCON
immediately after the award of contract, without which no payments shall
be released to the contractor. The contractor shall be responsible for
deposition of applicable GST to the concerned authority.

4.5 In case the successful bidder is not liable to be registered under


CGST/IGST/UTGST/SGST Act, IRCON shall deduct the applicable GST
from his/ their bills under Reverse Charge Mechanism (RCM) and deposit
the same to the concerned authority.

4.6 At any time prior to the deadline for submission of bids, Employer may for
any reason whether at its own initiative or in response to any request by
any prospective bidder amend the bidding documents by issuing
Corrigendum(s)/ Addendum(s), which shall be part of the tender
documents.

4.7 Employer may at its discretion extend the deadline for submission of the
bids at any time before the time of submission of the bids.

C. Preparation of the Bids

5 Language of Bid

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Tender for Ballast Supply from Gevra Road to Pendra Road

5.1 The bid prepared by the bidder and all documents related to the bid shall
be written in English.

6 Signing of All Bid papers and Completing Bill of Quantities

6.1 It shall be deemed that e-bid uploaded by the tenderer is digitally signed
by his authorized representative holding the Power of Attorney.

6.2 While filling up the rates/ percentage in the Bill of Quantities, tenderer
shall ensure that the rates/ percentage, as applicable, are filled up in
figures only. System will automatically convert such filled up rates/
percentage into words. In case of item rate/percentage tenders, the
system will automatically calculate the total price by multiplying the unit
rate with quantity/ quoted percentage with estimated cost put to tender.

6.3 The bid should be submitted online only in the prescribed format given in
the e-procurement portal of IRCON. No other mode of submission is
accepted. The Technical and Financial Bid shall be digitally signed by the
authorized signatory of the bidder & submitted “online” only. No hard
copy of Technical and Financial bid is required to be submitted
except the documents as specified in Annexure VII of ITT.

The tenderer may download financial bid form & Proforma for Statement of
minor deviations (Annexure ‘IV(AA)’ to financial bid) and upload the same
duly filled through online e-Procurement process.

The tenderer must fill and submit the prices as per instructions given in
Bill of Quantities and Proforma for Statement of minor deviations. The
system does not permit any addition or alteration in the tender
documents. The requisite details should be filled in by the tenderer
wherever required in the documents. Incomplete tender or tender not
submitted as per instructions is liable to be rejected.

The price of each minor deviation mentioned in the Proforma for


statement of minor deviations will be the price which the tenderer agrees
to offer to the employer from his quoted offer in BOQ if deviation is agreed
by the employer. Any such deviation without a price shall not be
considered and will be treated as withdrawn by the tenderer. Any other
deviation mentioned anywhere in the submission other than in Annexure-
IV(A) of Instructions to Tenderer shall be considered as if mentioned
inadvertently by the tenderer and shall be considered as withdrawn
without any confirmation from the tenderer.

7 Deviations
7.1 The tenderer should clearly read and understand all the terms and
conditions, specifications, drawings, etc. mentioned in the original tender
documents.
The tenderer may submit minor deviations in Annexure IV(A) and a
confirmation that price of every such minor deviation has been given in

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Tender for Ballast Supply from Gevra Road to Pendra Road

the financial bid/Bill of Quantity (BOQ). Minor deviation may be in the


employer’s requirements or in any other tender requirement which do not
alter the basic functionality of the work or part thereof. If there is no such
minor deviation, then the tender or must write “NIL” in this Annexure.
Tenderer to note that such minor deviations may or may not be accepted
by the employer and the tenderer shall not have any right to any claim on
this account. The offer in BOQ shall be given without considering any
deviation in tender conditions. The lowest bidder will be decided without
considering any deviation in the tender conditions. If the lowest bidder
has given some minor deviations then the Employer has right to accept
some or all such minor deviation and the offer of the lowest bidder will be
reduced by the price of such accepted deviations (Tenderer to see note
1 of Annexure-IV(A) of ITT).
8 Submission of tender documents

Tender Documents will be received in electronic form only after payment


of Tender Document fee.

9 Earnest Money:

9.1 The tenderer must furnish the Earnest Money as indicated in ‘Key
Information Table (KIT) in Para 1.1 of e-Procurement Notice’ for the work
as specified failing which the tender shall be summarily rejected. The
Earnest Money may be in any one of the following forms:
a) Pay Order/ Demand Draft of any Scheduled Bank in India in favour of
Ircon International Limited payable at a place as given in Key Information
Table (KIT) in Para 1.1 of e-Procurement Notice’. It is mandatory for
bidders to provide their Banker’s details (Name of Bank & Branch) along
with their own bank details (Account No., Name of Account Holder,
NEFT/RTGS details).

b) Fixed Deposit Receipt issued by any Scheduled Bank in India endorsed


in favour of IRCON INTERNATIONAL LIMITED.

c) EMD value up to `10.00 Lacs must be in the form of Pay Order/DD/FDR.


In addition, EMD may also be paid through NEFT or RTGS in IRCON’s
bank account no.: 57500001027006, IFSC Code: HDFC0000771 at
HDFC Bank, Block-A, Rao Trade Center, Link Road Bilaspur, CG-
495001 in favor of “IRCON INTERNATIONAL LIMITED-CEWRL”
payable at Bilaspur and email ID [email protected]. In case of EMD
amount being more than `10.00 Lacs, it can also be deposited in the form
of irrevocable Bank Guarantee valid for minimum 180 days beyond the
last date of submission of bid, issued by a Scheduled Bank as per the
format enclosed at Annexure IX to ‘SCC’. B.G. not valid for 180 days
beyond the last date of submission of bid, will not be considered a valid
EMD instrument. The B.G. must be made invokable at any branch in
Delhi/NCR/Bilaspur branch of the issuing bank.

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Tender for Ballast Supply from Gevra Road to Pendra Road

d) The scheduled bank issuing the Bank Guarantee must be on the


Structure Financial Messaging System (SFMS) platform. A separate
advice of the B.G. shall invariably be sent by the issuing bank to the
Employer’s Bank through SFMS and only after this, the B.G. shall
become operative and acceptable to the Employer.

e) Earnest Money in the form of Pay Order/DD/FDR/BG shall be scanned


& uploaded through online e-Procurement process. Further EMD in
original form (For BG along with a copy of ‘SFMS – Messaging Report’
sent by the BG issuing Bank) sealed in an envelope must be submitted
in the tender box at the address given in Key Information Table (KIT) in
Para 1.1 of e-Procurement Notice not later than the prescribed date
and time for e-bid submission.

f) Proof of transaction towards payment of Earnest Money through NEFT


or RTGS shall be scanned either in PDF or JPEG format such that file
size is not more than 5 MB and uploaded during the online submission of
the e-bid not later than the prescribed date and time for e-bid submission.

g) No interest shall be allowed on Earnest Money Deposit.

9.2 Forfeiture of Earnest Money:

9.2.1 The Earnest Money of the tenderer shall be forfeited if he withdraws his
tender after opening of the tender during the period of tender validity
specified in the “Key Information Table (KIT) in Para 1.1 of e-
Procurement Notice” or extended validity period as agreed to in writing
by the tenderer.

9.2.2 The Earnest Money of the successful tenderer is liable to be forfeited if


he fails to;

i) sign the Contract Agreement in accordance with the terms of the tender,
or

ii) furnish Performance Guarantee in accordance with the terms of the


tender, or

iii) commence the work within the time period stipulated in the tender.

9.2.3 In case of forfeiture of EMD, the tenderer shall be debarred from bidding
in case of re-invitation of the tenders.

9.3 Return of Earnest Money:

9.3.1 The Earnest Money of the unsuccessful tenderers in the form of FDR/BG
shall be discharged and returned as promptly as possible and the
Earnest Money in the form of DD/ Pay Order/ NEFT or RTGS shall be
directly credited to his bank account through Electronic Fund Transfer,
under advice to the bidder.

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Tender for Ballast Supply from Gevra Road to Pendra Road

9.3.2 The Earnest Money Deposit of the successful tenderer shall be dealt as
under:

i) The Earnest Money Deposit of the successful tenderer shall be returned


after submission of the Performance Bank Guarantee in the acceptable
form as per relevant contract conditions and verification of the same from
the issuing bank.

ii) In case, there is no provision in the contract for submission of


Performance Bank Guarantee:

a) If the Earnest Money Deposit (EMD) is in the form of Demand Draft/ Pay
Order/ NEFT or RTGS, the same shall be retained towards retention
money and further deduction of retention money from the bills shall
commence after adjusting this EMD amount.

b) If the Earnest Money Deposit is in the form of Fixed Deposit Receipt


(FDR)/ Bank Guarantee (BG), the FDR/BG shall be returned after
deduction of an equivalent amount from the on account bills towards
retention money and further balance amount of retention money shall
continue to be recovered from on account /Final bills as per relevant
contract conditions.

10 Integrity Pact (IP) :


10.1 Integrity Pact will be applicable for all tenders/ contracts (for works &
supply) of value `5 Crore & above at all Indian projects. Integrity Pact
attached as Annexure-VI to ‘Instructions to Tenderers’ shall become a
part of tender.

10.2 Integrity Pact shall be signed by the authorized signatory of the tenderer
and witnessed in the format attached as Annexure-VI at the time of
signing Contract Agreement. Bidders shall abide by the provisions of
Integrity Pact by signing the Affidavit attached as Annexure – IV to
Instructions to Tenderers.

10.3 This Pact shall be signed by all the partners of Partnership firm and all
the members of Joint Venture (JV)/ MOU (if participation of JV/ MOU is
permitted in the tender).

10.4 Only those vendors/ bidders who sign the Affidavit shall be qualified to
participate in the bidding process.

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Tender for Ballast Supply from Gevra Road to Pendra Road

10.5 The Integrity Pact will be signed by IRCON at the time of execution of
Agreement with the successful tenderer.

10.6 Name, Designation & Address of Tender Inviting Authority of IRCON :


Name: Shri Ankush Gupta
Project Director/CGRP
Address: Ircon International Limited,
1st Floor, North Avenue, Takhatpur Road, Uslapur,
Bilaspur, Chhattisgarh-495001
Email ID: [email protected]

10.7 Name & Address of IEMs:


(i) Dr. T. M. Bhasin
Independent External Monitor
C/o Chief Vigilance Office,
IRCON INTERNATIONAL LIMITED
C-4, DISTRICT CENTRE SAKET.
NEW DELHI-110 017
e-Mail ID: [email protected]

(ii) Name: Shri Bimal Julka,


IAS (Retd),
Address: D-419, Defence Colony
New Delhi – 110024
Email: [email protected]

10.8 IEM(s) shall not be made party to any dispute between the parties to the
agreement for this work.

11 Period of validity of the tender

11.1 The tender shall remain valid for the period indicated in “Key Information
Table (KIT) in Para 1.1 of e-Procurement Notice” after the date of the
opening of the tender. If the tenderer gives validity period less than that
fixed/ prescribed by Employer, the tender shall be liable to be rejected.

11.2 Notwithstanding the above clause, Employer may solicit the tenderer’s
consent to extend the validity period of the tender. The request and the
response shall be made in writing.

D. Submission of Bids

12 Deadline for submission of tender

12.1 Earnest Money Deposit required in physical form, as per sub-clause 9.1
of “Instructions to Tenderers” must be submitted in the tender box at the
address specified in the Key Information Table (KIT) in Para 1.1 of “e-
Procurement Notice” not later than the prescribed date and time for
e-bid submission.

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Tender for Ballast Supply from Gevra Road to Pendra Road

12.2 Any tender related documents received after opening of the tender shall
be rejected.

Tenderers must upload the good scanned copy of relevant documents


required to be submitted on e-Procurement website as mentioned in the
tender documents. The document which is not readable or legible will not
be given cognizance. E-Bids which are not supported by relevant
documents shall not be considered during evaluation of bid.
13 Modification / Substitution / Withdrawal of tender

13.1 The tenderer may modify, substitute or withdraw his e-bid after online
submission prior to the date and time of e-bid opening.

13.2 For modification of e-bid, bidder has to upload / resubmit digitally signed
modified e-bid in the CPP Portal (https://etenders.gov.in/eprocure/app ).

13.3 For withdrawal of e-bid, bidder can withdraw his e-bid by clicking on
withdrawal icon at e-procurement portal.

13.4 Before withdrawal of an e-bid, it may specifically be noted that after


withdrawal of an e-bid for any reason, tender fee will not be refunded.
The bidder trying to re-submit the e-bid will have to pay the cost of tender
document again.

14 Submission of an e-bid by a tenderer implies that he had read all the


tender documents including amendments if any, visited the site and has
made himself aware of the scope and specifications of the work to be
done, local conditions and other factors having any bearing on the
execution of the work.

15 Parts of tenders

15.1 All documents/ forms/ instructions/ specifications etc. listed in item 3.1 of
this Instructions To Tenderers and those attached as per the Annexure
VII are deemed to be a part of the bid/ tender and accepted by the bidder.

15.2 In case of any ambiguity, IRCON will be free to seek confirmation of


information from the issuer of the document.

E. e-Bid opening and Evaluation

16 Opening of the tender

16.1 Tenders will be opened at the address mentioned in “e-Procurement


Notice” in presence of tenderers or authorized representatives of
tenderers who wish to attend the opening of tenders. Physical presence
during e-bid opening is optional.

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Tender for Ballast Supply from Gevra Road to Pendra Road

16.2 Tenderers or their authorized representatives who are present shall sign
register in evidence of their attendance.

16.3 Tenderer’s name, presence or absence of requisite Earnest Money, total


cost of work quoted or any other details as Employer may consider
appropriate will be displayed with list to all participating bidders online
after bid opening.

17 Clarification of the tenders

17.1 To assist the examination, evaluation and comparison of the tenders,


Employer may at his discretion ask the tenderers for any clarifications as
considered essential. All such correspondence shall be in writing and no
change in price or substance of the tender shall be sought or permitted.
The above clarification for submission of the details shall form part of the
tender and shall be binding on tenderer.

18 Preliminary examination of bids

18.1 The Employer shall examine the bids to determine whether they are
complete, whether physical copy of all the relevant documents have been
scanned, uploaded and Earnest Money Deposit in original form received
not later than the prescribed date and time for e-bid submission and
generally they are in order.

18.2 Prior to the detailed evaluation, Employer shall determine whether each
bid is of acceptable quality, is generally complete and is substantially
responsive to the bidding documents. For purposes of this determination,
a substantially responsive bid is one that conforms to all the terms,
conditions and specifications of the bidding documents without material
deviations, objections, conditionality or reservation and for minor
deviation details have been submitted in Annexure ‘IV(A)’ in terms of
clause 7.1 above and cost of withdrawal of minor deviations (if any) has
been quoted in the Proforma for statement of minor deviation attached
with the financial bid. A material deviation, objections, conditionality or
reservation is one;

i) That affects in any substantial way the scope, quality or performance of


the contract.
ii) That limits in any substantial way, inconsistent with the bidding
documents, the Employers’ rights or the successful Bidder’s obligations
under the contracts; or

iii) whose rectification would unfairly affect the competitive position of other
Bidders who are presenting substantially responsive bids.

18.3 If an e-bid is not substantially responsive, it shall be rejected by the


Employer.

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Tender for Ballast Supply from Gevra Road to Pendra Road

18.4 In case of tenders containing any conditions or deviations or reservations


about contents of tender document, Employer may ask for withdrawal of
such conditions/ deviations/ reservations. If the tenderer does not
withdraw such conditions/ deviations/ reservations, the tender shall be
treated as non-responsive. Employer’s decision regarding
responsiveness or non-responsiveness of a tender shall be final and
binding.

19 Evaluation and comparison of tenders

19.1 Bids, which are determined as substantially responsive, shall be


evaluated based on Essential Qualifying Criteria as given in the tender
document. The tenderer must scan and upload all necessary authentic
data with necessary supporting certificates of the various items of
evaluation criteria failing which his tender is liable to be rejected.

19.1.1 The lowest bidder will be decided without considering any deviation in
the tender conditions. If the lowest bidder has given some minor
deviations then the Employer has right to accept some or all such minor
deviation and the offer of the lowest bidder will be reduced by the price
of such accepted deviations (Tenderer to see note 1 of Annexure-IV(A)
of ITT).
19.2 The Employer/ Engineer reserves the right to negotiate the offer
submitted by the tenderer to withdraw certain conditions or to bring down
the rates to a reasonable level. The tenderer must note that during
negotiations of rates of items of BOQ can only be reduced and not
increased by the tenderer. In case the tenderer introduces any new
condition or increases rates of any item of BOQ, his negotiated offer is
liable to be rejected and the original offer shall remain valid and binding
on him.

20 Canvassing

20.1 No tenderer is permitted to canvass to Employer on any matter relating


to this tender. Any tenderer found doing so may be disqualified and his
bid may be rejected.

21 Right to accept any tender or reject all tenders

Employer/ Engineer reserves the right to accept, split, divide, negotiate,


cancel or reject any tender or to annul and reject all tenders at any time
prior to the award of the contract without incurring any liability to the
affected tenderers or any obligation to inform affected tenderer, the
grounds of such action.

22 If the tenderer, as individual or as a partner of partnership firm, expires


after the submission of his tender but before award of work, the
Employer/ Engineer shall deem such tender as invalid.

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Tender for Ballast Supply from Gevra Road to Pendra Road

23 Award of Contract

23.1 Employer/ Engineer shall notify the successful tenderer in writing by


Courier/ Speed Post or per bearer or delivering the same by e-mail.

23.2 Letter of Acceptance after it is signed by the Contractor in token of his


acceptance shall constitute a legal and binding contract between
Employer/ Engineer and the contractor till such time the contract
agreement is signed.

24 Contractor Performance Feedback and Evaluation System

The employer will have a ‘Contractor Performance Feedback and


Evaluation System’ for periodic evaluation of Contractors performance
during execution of Contract. In case contractor’s overall performance is
found unsatisfactory (<85% for Works Contracts and <75% for
Consultancy Contracts) based on the parameters as listed in Annexure
'II' and 'III' respectively, the Contractor is liable to be declared a ‘Non-
Performer’, and will become ineligible for participation in future tenders
of this Organization for a period of 2 (two) years from the date of such
decision. This decision is to be conveyed to the Contractor in writing. The
non-performer status may be revoked during currency of the contract on
improvement of performance parameters during the next annual review.

This is without prejudice to any other recourse available to the Employer


under the Conditions of Contract.

25 Ineligibility to participate in re-tenders/ future cases

Notwithstanding anything contained in the Qualification Clauses of ITT,


if a bidder withdraws from an offer after having been declared a preferred
bidder or after Notification of Award or does not sign the Contract
Agreement pursuant to the Letter of Acceptance or does not submit an
acceptable Performance Security which results in tender being annulled
then such bidder shall be treated as ineligible for participation in re-
tendering of this particular work and also for any other work for a period
of 6 months. A repeat incident of similar type within a period of 2 (two)
years will render the bidder ineligible for participation in all future tenders
for a further period of 2 (two) years.

26 Bidder non-eligibility for participation in tender & Declaration of


non-performance or ban status or termination

26.1 Tenderers including any partner of JV/MOU (in case of JV/MOU


permitted in the tender) are not eligible to participate in the tender
process under the following conditions:

a. They have been declared a non-performer by Central/ State Government


Department in India including authority controlled by them during the last
two years prior to the date of bid submission.

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Tender for Ballast Supply from Gevra Road to Pendra Road

b. They are currently debarred for tendering, blacklisted, suspended in


Central/ State Government Department in India including authority
controlled by them.

c. Any previous contract awarded to them has been terminated by IRCON


or its subsidiaries, during the last two years prior to the date of bid
submission.

d. The bidder (any partners of JV, in case JV is permitted in the tender) is


in Corporate Insolvency Resolution Process (CIRP)/ liquidation/ Winding
up/ CDR/SDR/S4A/Flexible Structuring or any other restructuring
scheme due to financial stress and is in default on any debt obligations
on the bid due date. An undertaking of bidder (All partners of JV in case
JV is permitted in the tender) (duly certified by the statutory auditor of the
bidder with UDIN where the accounts are audited. In other cases the
same may be certified by Charted Accounted with UDIN) must be
submitted along with the bid.

26.2 Declaration of non-performance or ban status or termination

Accordingly, tenderers are required to sign an Affidavit as per the


enclosed pro-forma in Annexure-'IV', declaring their status of non-
performance or debarment/ termination or Corporate Resolution
Process/ liquidation/ Winding up/ CDR/SDR/S4A/ Flexible Structuring or
any other restructuring scheme due to financial stress or in default on
any debt obligations.

27. Tenderer to be fully responsible for the consequences of


misrepresentation

a. Any suppression of information and misrepresentation will render the


tenderer ineligible for the tender along with the forfeiture of Earnest
Money. The tenderer will also be liable for disqualification for future
tenders of IRCON and its subsidiaries for a period of 2 years.

b. If any suppression of information and misrepresentation is found after


the award of Contract, the Contract may be terminated with forfeiture of
EMD, PG and SD (if any). The Contractor will also be disqualified for
future tenders of IRCON and its subsidiaries for a period of 2 years.

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Tender for Ballast Supply from Gevra Road to Pendra Road

Annexure -‘I’

DETAILS OF THE BIDDER

1. Name of the Bidder & authorized signatory :

1.1 Registered Address of the bidder :

Land Line Telephone Number with STD Code :

FAX Number with STD Code :


Mobile Number :
Email address :

1.2 Address for communication :

Land Line Telephone Number with STD Code :

FAX Number with STD Code :

e-mail Address :

2. Banker’s Details for Payment through Electronic Clearing System (ECS):

Name of bank :

Address of bank :

Account No. :

Name of Account Holder :

IFSC :

Telephone No. of Bank with STD Code :

e-mail Address :

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Tender for Ballast Supply from Gevra Road to Pendra Road

Annexure -‘II’
(Ref. Clause 24 of ‘Instructions to Tenderers’)

ASSESSMENT OF PERFORMANCE OF WORKING CONTRACTOR

S. Description Weightage Remarks


No. Assigned Obtained
1 Resource Management/ Financial
Status
1.1 Timely mobilization of manpower, as per 5
the requirement of work and/or as
suggested by Engineer in writing
1.2 Timely mobilization of machinery, as per 5
the requirement of work and/or as
suggested by Engineer in writing
2 Physical Progress /Project Execution 75
Capability
2.1 Target Vs Achieved review of the
progress and adherence to milestones of
the work as per above submitted &
approved programme (may be judged as
below, to be modified depending on
availability of front/site or as indicated in
Contract)
A At 33% time: >20%
B At 50% time: >40%
C At 100% time: >98%
D At 125% time: ≥100%
3 Quality Assurance Capability
3.1 Documentation of procedures, work
instructions, check list and adherence to 2
the requirements of ISO 9001
3.2 Rectification of defects/non-conformity to 4
quality standards within 7 days: (Nos.
mentioned in writing/Rectified within 7
days of writing)
3.3 Implementation of corrective and
preventive measures to control non- 4
conformities/ rejections
4 Claims and Disputes
4.1 Raising unnecessary claims and litigation 5
(Shall be graded negative)
TOTAL: 100

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Tender for Ballast Supply from Gevra Road to Pendra Road

Annexure-'III'
(Ref. Clause 24 of ‘Instructions to Tenderers’)
ASSESSMENT OF PERFORMANCE OF WORKING CONSULTANT

S. Description Weightage Remarks


No. Assigned Obtained
1 Resource Management 15
1.1 Mobilization time 5 Shall be immediate as per the
submission
1.2 Deputation of qualified team 5 Person so nominated at the time of
leader submission shall not be changed
-overall co-ordination
1.3 Deputation of experienced 5 Persons identified at the time of
staff for specific job/ trade submission may not be changed
2 Quality Assurance 20
2.1 Methodology of submission of 5 There has to be a document stating
drawing the methodology of forwarding the
drawing
2.2 Methodology to ensure that 5 Working on the same platform and on
integrated drawings are issued the same corrected drawing
and not in isolation
2.3 Formats for delivery stages of 5 So as to segregate the drawings for
project info, tender and working drawings
2.4 Quality of submission – 5 Is there in house cross checking
adequate detailing facility
3 Physical Progress 65
3.1 Submission of detailed 5 This needs to be tweaked with
schedule of delivery with construction programme
number of drawings to be
submitted
3.2 Adherence to Milestones for 10 Important to ensure smooth working
various submissions
3.3 Capability of change 10
management and
incorporation of changes
3.4 Timely response to the queries Important for execution and is
measure of seriousness about the
project
A During design stage 5
B During execution stage 5
3.5 Quality and detailing of Report 20 Speaks about the effort and sincerity
3.6 Timely submission of the 10 Mandatory for timely execution of the
reports/ details/ calculations project
etc.
TOTAL: 100

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Tender for Ballast Supply from Gevra Road to Pendra Road

Annexure-'IV'
(Ref. Clause 1.3 of Instructions to Tenderers)
(Ref. Sub-clause 10.2, 10.4 and Clause 26 of ITT and Clause 5. of Essential Qualifying Criteria)

FORMAT
AFFIDAVIT
(On non-judicial stamp paper of `100/- duly notarized)

I/ We, the undersigned, do hereby solemnly affirm and declare that-

1. Neither our firm nor any of the members/ partners in any form/manner as an
individual or the constituent partner in case of partnership firm/JV/MOU have
been declared non-performer by Central/ State Government Department in
India including authority controlled by them during the last two years prior to
the date of bid submission.

2. As on date our bid submission, neither our firm nor any of the members/
partners in any manner as an individual or the constituent partner in case of
partnership firm/JV/MOU are debarred for tendering, blacklisted, suspended
in Central/ State Government Department in India including authority
controlled by them.

3. As on date of our bid submission, neither our firm nor any of the members/
partners in any form/manner as an individual or the constituent partner in
case of partnership firm/ JV/MOU are in Corporate Insolvency Resolution
Process (CIRP)/ liquidation/ Winding up/ CDR/ SDR/ S4A/ Flexible
Structuring or any other restructuring scheme due to financial stress and have
not been in default on any debt obligations on the bid due date.

4. No contract agreement between IRCON or its subsidiaries and either our firm
or any of the members/ partners in any form/manner as an individual or the
constituent partner in case of partnership firm/JV/MOU have been terminated
during the last two years prior to the date of our bid submission.

5. We have no objection to IRCON requesting to any bank, person, firm or body


and any such agency furnishing pertinent information as deemed necessary
or to verify this statement or regarding our competence and general
reputation.

6. We understand that further qualifying information may be requested by


IRCON and we agree to furnish any such information at the request of IRCON
within the prescribed time.

7. We bind ourselves with all the stipulations of the Bidding Document including
period of completion, provision of adequate equipment, personnel and other
resources required for completion within the stipulated completion period and
agree to augment any resources, if found necessary for timely completion of
the project, as desired by the IRCON.

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Tender for Ballast Supply from Gevra Road to Pendra Road

8. Certification on submitted/ Attached Documents/ Credentials:

8.1 That the facts stated and documents enclosed by us in the Bid are true and
correct and we have not concealed/ suppressed any facts/ record/ documents
and/ or misrepresented the facts/ record/ documents.

8.2 I/ We further 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.

8.3 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.

8.4 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.

8.5 I/ We understand that if the certificates regarding eligibility criteria submitted


by us are found to be forged/ false or incorrect or any suppression of
information and misrepresentation is noticed at any time during process for
evaluation of tenders, it shall lead to forfeiture of the tender EMD besides
disqualification for future tenders of IRCON & its subsidiaries for a period of
two years. Further, I/ We (insert name of the tenderer) ** and all my/ our
constituents understand that my/ our offer shall be summarily rejected.

8.6 I/ We also understand that if the certificates submitted by us are found to be


false/ forged or incorrect or any suppression of information and
misrepresentation is noticed 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 disqualification for future tenders of IRCON & its subsidiaries for a
period of two years.

9. We have read and understood all the provisions included in the Integrity Pact
and undertake to abide by them, if applicable.
10. We have read and understood all the provisions included in the bid
documents and undertake to abide by them.

11.1Model Certificate for Tenders

“I have read the clause regarding restrictions on procurement from a bidder


of a country which shares a land border with India; I certify that this bidder is
not from such a country or, if from such a county, has been registered with
the Competent Authority. I hereby certify that this bidder fulfills all
requirements in this regard and is eligible to be considered. [Where
applicable, evidence of valid registration with the Competent Authority

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Tender for Ballast Supply from Gevra Road to Pendra Road

nominated/ Registration Committee constituted by the Department for


Promotion of Industry and Internal Trade (DPIIT) shall be attached.]”

11.2 Model Certificate for Tenders for Works involving possibility of sub-contracting

“I have read the clause regarding restrictions on procurement from a bidder


of a country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from such a
country or, if from such a country, has been registered with the Competent
Authority and will not sub-contract any work to a contractor from such
countries unless such contractor is registered with the Competent Authority
nominated/ Registration Committee constituted by the Department for
Promotion of Industry and Internal Trade (DPIIT). I hereby certify that this
bidder fulfills all requirements in this regard and is eligible to be considered.
[Where applicable, evidence of valid registration with the Competent
Authority nominated/ Registration Committee constituted by the Department
for Promotion of Industry and Internal Trade (DPIIT) shall be attached.]”

12. The information furnished by us is true and correct and we understand the
consequences, in case, any of the information furnished is not found to be
true/ correct and /or any suppression/ concealment of facts/ record or
misrepresentation of facts/ record is noticed.

(Signed by the Authorized Representative of the Firm)

Name of the Authorized Representative.


Name of the Firm
Dated:

This Affidavit shall be signed by all the partners of Partnership firm and all the
members of Joint Venture (JV)/ MOU (if participation of JV/ MOU is permitted in the
tender).

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Tender for Ballast Supply from Gevra Road to Pendra Road

ANNEXURE – IV(A)
PROFORMA FOR STATEMENT OF MINOR DEVIATIONS
(Refer Clause 6 & 7 of ITT)

The following are the particulars of minor deviations from the requirements of the
Tender Document:

Sr. No Clause Deviations Remarks Confirming that price of


(including justification) adjustment of each
deviation/s is given in
Annexure-IV(AA) of
financial package
(Yes/No)

Note :

1. The Tenderer shall indicate price adjustment against each deviation in


Annexure-IV(AA) of BOQ. This price is the price which the tenderer shall
reduce from his tender price if deviation(s) is/are accepted by the Employer.
2. Where there is no deviation, the statement should be returned duly signed
with an endorsement indicating ‘No Deviations’. In case, Performa of
deviations is not submitted or submitted as blank, it will be construed that the
tenderer has not proposed any deviations from tender documents.
3. If the tenderer proposes deviations in tender documents and/or any other
terms and conditions of the tender, other than in this Annexure, it will have
no effect.

Signature of authorized signatory on behalf of Tenderer

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Tender for Ballast Supply from Gevra Road to Pendra Road

ANNEXURE – V
(Ref. Clause 3.0 of e-Procurement Notice& sub-clause 19.1 of ITT)

Essential Qualifying Criteria

1.1 The bidder should possess the experience of having successfully


completed or substantially completed similar works during the last 7-years
(ending last day of the month previous to the one in which tenders are
invited) which should be anyone of the following:-

i) Three similar works each costing not less than the amount equal to 30% of
the estimated cost i.e. ₹ 11,96,94,960/-.

ii) Two similar works each costing not less than the amount equal to 40% of
the estimated cost i.e. ₹ 15,95,93,280/-.

iii) One similar work costing not less than the amount equal to 60% of the
estimated cost i.e. ₹ 23,93,89,920/-.

Notes: The Following will be considered as similar work:


Work is considered similar if it involves execution of P way work
including supply of machine crushed stone ballast and / or supply of
machine crushed stone ballast.
1.2 Experience in Following activities- Bidder should have executed
following activities in last three (3) years (ending last day of the month
previous to the one in which tenders are invited)-
Supply of Ballast for P way works involving at least cumulative 60,000 cum

NOTES:
a. The minimum quantity mentioned in 1.2 above may be covered under one
contract or more than one contract.
b. The quantities under 1.2 may be from completed/ongoing works.
c. Proof of executed item of work shall be submitted by bidder duly issued by
their client.
d. The performance certificates/ work completion certificates should clearly
reflect quantities for supply of Ballast.
e. If the quantities of specialized activities are not available in the performance
certificate/ work completion certificate, certified copies of the bill issued by the
client must be submitted in addition to the certificates mentioned at Note (d)
above, so that the quantities of specialized activities executed can be
evaluated.
f. Without submission of the documents as mentioned in Note (d) & (e) above,
the performance certificate/completion certificates may not be considered for
evaluation.

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Tender for Ballast Supply from Gevra Road to Pendra Road

2. The average annual financial turnover during the last 3-years should be at
least 30% of the estimated cost.

Notes:

a) The financial turnover shall mean Revenue from Operations of


standalone Financial Statements of the Bidder.

b) Revenue from Operations shall be judged from Audited Balance Sheet,


Profit & Loss A/c, relevant Notes to A/cs and Statutory Auditor Report/
relevant abstracts of Annual Reports covering above documents and
the same shall be certified by statutory auditor with UDIN where the
accounts are audited. In other cases, the same may be certified by
Chartered Accountant with UDIN.

c) In case the financials of immediate prior Financial Year have not yet
been audited till the time of submission of the tender, the bidder can
submit an Affidavit to this effect stating that "the financial results of the
immediate prior Financial Year has actually not been audited so far".
In such cases, the financials of preceding three audited financial years
will be taken into consideration for evaluating the Annual Financial
Turnover of the bidder. In the absence of such an Affidavit, the benefit
of considering three preceding years would not be given and the bid
would be evaluated considering turnover for two preceding years only.

3. Net worth of the bidder should be at least 10% of the estimated cost of the
work. This will be judged from the audited Balance Sheet of the last
financial year ending on a date not prior to 18 months from the date of
invitation of the tender, but not earlier than a year immediate financial year.

3.1 The bidder whose annual financial turnover do not exceed ` 50 Lakhs
should submit copy of applicable ITR under Income tax rules which is
generated from Income tax portal and duly self- attested to judge their net
worth and turnover.

4. The bidder should submit completion certificates in reference to S.No.1


(minimum 3 nos., 2 nos. or 1 no. as the case may be) above issued by
Government Organizations/ Semi Government Organizations/ Public
Sector Undertakings/ Autonomous bodies/ Municipal bodies/ Public Limited
Company / Concessionaire Company/ Private Company/ JV Company for
having successfully completed similar works in the last 7 years. Certificates
issued by such Public Limited Company / Concessionaire Company
/Private Company/ JV Company must be supported by Tax Deducted at
Source (TDS) Certificates (Form 16A/ 26AS) in evidence of the value of
work executed. In case of supply contracts, Copies of GSTR-1/GSTR 3B
to be submitted by the bidder as a proof of payment received for supply.
Before implementation of GST where no TDS is deducted, relevant copies
of purchase order and invoices along with bill wise details of payment
received duly certified by Chartered Accountant should be submitted by the
bidder in support of value of work executed.
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Tender for Ballast Supply from Gevra Road to Pendra Road

4.1 It shall be mandatorily incumbent upon the tenderer to identify, state and
submit the supporting documents duly self-attested by which they/he is
qualifying the Qualifying Criteria mentioned in the Tender Document.

NOTE:-

i) Value/ Quantity of Key Construction activities of a successfully completed


work done 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
his/ her compliance to the above-mentioned technical eligibility criteria in
the tender. A copy of the JV agreement submitted to client at the time of
award of work or any subsequent change in the provision of original JV
agreement as agreed by the client shall be submitted along with tender
document, while claiming share of the experience in the previous JV.

ii) Credentials if submitted in foreign currency shall be converted into Indian


currency i.e., Indian Rupee as under:

The conversion rate of US Dollars into Rupees shall be the daily


representative exchange rates published by the Reserve Bank of India/
Financial Benchmarks India Pvt. Ltd. for the relevant date. Where, relevant
date shall be 1st day (i.e. 1st April) of the relevant year (financial year) in
which work was completed. In case of any other currency, the same shall
first be converted to US Dollars as on1st day (i.e. 1st April) of the relevant
year (financial year) in which work was completed and the amount so
derived in US Dollars shall be converted into Rupees at the aforesaid rate.
The conversion rate of such currencies shall be the daily representative
exchange rates published by the International Monetary Fund for the
relevant date.

5. Bid Capacity: - Not Applicable

6. The bidder shall sign the Affidavit as enclosed in Annexure-‘IV’ of


“Instructions to Tenderers”.

This Affidavit shall be signed by all the partners of Partnership firm and all
the members of Joint Venture (JV)/ MOU (if participation of JV/ MOU is
permitted in the tender).

7. If the bidder (any partners of JV, in case JV is permitted in the tender) is in


Corporate Insolvency Resolution Process (CIRP)/ liquidation/ Winding up/
CDR/SDR/S4A/Flexible Structuring or any other restructuring scheme due to
financial stress and is in default on any debt obligations on the bid due date.
An undertaking of bidder (All partners of JV in case JV is permitted in the
tender) (duly certified by the statutory auditor of the bidder with UDIN where
the accounts are audited. In other cases the same may be certified by Charted
Accounted with UDIN) must be submitted along with the bid.

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Tender for Ballast Supply from Gevra Road to Pendra Road

8. Joint Venture is Not permitted to participate in this tender in terms of


clause 1.2.2 of ITT.

[Explanation for above Essential Qualifying Criteria No. 1 to 8:


1. Substantially Completed Work means an ongoing work in which
payment equal to or more than 90% of the present contract value
(excluding the payment made for adjustment of Price variation (PVC),
if any) has been made to the contractor in that ongoing contract and no
proceedings of termination of contract on Contractor’s default has been
initiated. The credential certificate in this regard should have been
issued not prior to 60 days of date of invitation of present tender.

2. In case of substantially completed work, the total gross amount already


paid including the PVC amount (if paid), as mentioned in the certificate,
shall be considered as the cost of substantially completed work.

3. If a provisional completion certificate is issued by the concerned


organization, such work shall be considered for fulfillment of
credentials. However, the value of work done shall be considered to the
extent of actual amount paid by the client.

4. If a part or a component of work is completed but the overall scope of


contract is not completed, this work shall not be considered for
fulfillment of technical credentials even if the cost of part completed
work/ component is more than required for fulfillment of credentials.

5. In case a work is considered similar in nature for fulfillment of technical


credentials, the overall cost of that work including Price Variation
amount if any shall be considered and no separate evaluation for each
component of that work shall be made to decide eligibility.

6. In case of newly formed partnership firm, the credentials of individual


partners from previous propriety firm(s) or dissolved previous
partnership firm(s) or split previous partnership firm(s), shall be
considered only to the extent of their share in previous entity on the
date of dissolution / split and their share in newly formed partnership
firm. For example, a partner A had 30% share in previous entity and his
share in present partnership firm is 20%. In the present tender under
consideration, the credentials of partner A will be considered to the
extent of 0.3*0.2*value of the work done in the previous entity. For this
purpose, the tenderer shall submit along with his bid all the relevant
documents which include copy of previous partnership deed(s),
dissolution deed(s) and proof of surrender of PAN No.(s) in case of
dissolution of partnership firm(s) etc.

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7. In case of existing partnership firm, if any one or more partners quit the
partnership firm, the credentials of remaining partnership firm shall be
re-worked out i.e., the quitting partner(s) shall take away his credentials
to the extent of his share on the date of quitting the partnership firm(e.g.
in a partnership firm of partners A, B & C having share 30%, 30% &
40% respectively and credentials of Rs 10 crore; in case partner C quits
the firm, the credentials of this partnership firm shall remain as
Rs.6crore). For this purpose, the tenderer shall submit along with his
bid all the relevant documents which include copy of previous
partnership deed(s), dissolution deed(s) and proof of surrender of PAN
No.(s) in case of dissolution of partnership firm(s) etc.

8. In case of existing partnership firm if any new partner(s) joins the firm
without any modification in the name and PAN/TAN no. of the firm, the
credentials of partnership firm shall get enhanced to the extent of
credentials of newly added partner(s) on the same principles as
mentioned in item 6 above. For this purpose, the tenderer shall submit
along with his bid all the relevant documents which include copy of
previous partnership deeds, dissolution/splitting deeds and proof of
surrender of PAN No.(s) in case of dissolution of partnership firm etc.

9. Any partner in a partnership firm cannot use or claim his credentials in


any other firm without leaving the partnership firm i.e., In a partnership
firm of A&B partners, A or B partner cannot use credentials of
partnership firm of A&B partners in any other partnership firm or
propriety firm without leaving partnership firm of A&B partners.

10. In case a partner in a partnership firm is replaced due to succession as


per succession law, the proportion of credentials of the previous partner
will be passed on to the successor.

11. If the percentage share among partners of a partnership firm is


changed, but the partners remain the same, the credentials of the firm
before such modification in the share will continue to be considered for
the firm as it is without any change in their value. Further, in case a
partner of partnership firm retires without taking away any credentials
from the firm, the credentials of partnership firm shall remain the same
as it is without any change in their value.
12. In a partnership firm “AB” of A&B partners, in case A also works as
propriety firm “P” or partner in some other partnership firm “AX”,
credentials of A in propriety firm “P” or in other partnership firm “AX”
earned after the date of becoming a partner of the firm AB shall not be
added in partnership firm AB.
13. In case a tenderer is LLP, the credentials of tenderer shall be worked
out on above lines similar to a partnership firm.

14. In case company A is merged with company B, then company B would


get the credentials of company A also.]

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ANNEXURE – VI
(Ref. Clause 10 of Instructions to Tenderers)

INTEGRITY PACT
General

This Agreement (hereinafter called the Integrity Pact) is made on --------------


day of the month of------------- 202…, between Ircon International Limited
(hereinafter called "IRCON"), a government company under the Ministry of
Railways, and M/s ----------------------------------------------------- (hereinafter called
the "BIDDER") …………………..Description of Bidder.

The expressions “IRCON” and “BIDDER” shall mean and include their
respective legal representatives, successors in interest, and assigns and shall
collectively be referred to as “the Parties” and individually as “the Party”.

WHEREAS IRCON intends to award, under laid down organizational


procedures, contract(s) for …………………………………(Name of the
Tender/ Work) …………………… (hereinafter referred to as the ‘Contract’).

WHEREAS IRCON necessarily requires full compliance with all relevant laws
of the land, rules, and regulations, economic use of resources, and fairness/
transparency in relations with its Bidder(s) and/or Contractor(s).

WHEREAS In order to achieve these goals, IRCON has appointed


Independent External Monitors (IEMs), as detailed in Para 6 of this Pact, to
monitor the entire tender process till the final completion of the contract for
compliance with the Integrity Pact by all the parties concerned for all works
covered in the Contract.

NOW,THEREFORE,

To Avoid all forms of corruption by following a system that is fair, transparent,


and free from any influence/ prejudiced dealings prior to, during, and
subsequent to the currency of the contract to be entered into;

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To Enable IRCON to obtain the desired works/ stores/ equipment at a


competitive price in conformity with defined specifications by avoiding high
cost and distortionary impact of corruption on public procurement, and

To Enable BIDDERs to abstain from bribing or indulging in any corrupt practice


in order to secure the contract by providing assurance to them that IRCON will
commit to prevent corruption, in any form, by its officials by following
transparent procedures.

THE PARTIES HERETO HEREBY AGREE TO ENTER INTO THIS


INTEGRITY PACT AND AGREE AS FOLLOWS:

1. Scope

The Integrity Pact, in respect of the said contract, would be operative


from the stage of invitation of bids till the final completion of the contract.
Any violation of the same would entail disqualification of the BIDDERs
and exclusion from future business dealings as specified in this Integrity
Pact.

2. Commitments of IRCON

2.1 No official of IRCON, connected directly or indirectly with the contract,


will demand, take a promise for or accept, directly or through
intermediaries, any bribe, any benefit, or any other advantage from the
BIDDER, either for themselves or for any person, organization, or third
party related to the contract in exchange for an advantage in the bidding
process, bid evaluation, contracting, or implementation process related
to the contract.

2.2 IRCON will, during the entire tender process stage, treat all BIDDERs
with equity and reason. It will provide to all BIDDERs the same
information and will not provide any such information to any particular
BIDDER which could afford an advantage to that particular BIDDER in
comparison to other BIDDERs.
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2.3 IRCON shall obtain bids from only those party/ parties who have been
short-listed or pre-qualified or through a process of open advertisement/
web publishing or any combination thereof.

2.4 In case any misconduct on the part of any official(s) of IRCON is


reported by the BIDDER to the Chairman & Managing Director of
IRCON with full and verifiable facts and the same is prima facie found
to be correct by the Chairman & Managing Director of IRCON,
necessary disciplinary proceedings, or any other action as deemed fit,
may be initiated by IRCON and such a person shall be removed from
further dealings related to the subject contract process. In such
situations of misconduct, while an enquiry may stand initiated or may
be going on, the progress of bidding, execution, etc. under the contract
shall not be stalled.

3. Commitments of BIDDERs

3.1 The BIDDER commits itself to take all measures necessary to prevent
corrupt practices, unfair means, and illegal activities during any stage
of bid including pre-contract, contract, or post-contract stage. In
particular the BIDDER undertakes to abide by the measures given in
the following paragraphs.

3.2 The BIDDER will not offer, directly or through intermediaries, any bribe,
benefit, or any other advantage like commission, fees, brokerage or
inducement to any official of IRCON, connected directly or indirectly with
the bidding process, or to any person, organization or third party related
to the contract in exchange for any advantage in the bidding, evaluation,
contracting, and implementation of the contract.

3.3 The BIDDER has not given, offered, or promised to give, directly or
indirectly, any bribe or any benefit or other advantage like commission,
fees, brokerage, or inducement to any official of IRCON or their family

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members or otherwise in procuring the Contract or forbearing to do or


having done any act in relation to the obtaining or execution of the
contract.

3.4 The BIDDER will disclose the name and address of its agents and
representatives, if any, in India and/ or abroad.

3.5 The BIDDER will disclose the payments to be made by them to agents/
brokers or any other intermediary, in connection with this bid/ contract.

3.6 The BIDDER further confirms and declares to IRCON that the BIDDER
has not engaged any individual or firm or company, whether Indian or
foreign, to intercede, facilitate, or in any way to recommend to IRCON
or any of its functionaries, whether officially or unofficially, award of the
contract to the BIDDER, nor has any amount been paid, promised, or
intended to be paid to any such individual, firm or company in respect
of any such intercession, facilitation, or recommendation.

3.7 The BIDDER will not collude with other parties interested in the contract
to impair the competition, transparency, fairness, and progress of the
bidding process, bid evaluation, contracting, and implementation of the
contract.

3.8 The BIDDER will not accept any advantage in exchange for any corrupt
practice, unfair means, and illegal activities.

3.9 The BIDDER will not use for purposes of competition or personal gain,
or pass on to others, any information provided by IRCON as part of the
business relationship, regarding plans, technical proposals, and
business details, including information contained in any electronic data
carrier. The BIDDER also undertakes to exercise due and adequate lest
any such information is divulged.

3.10 The BIDDER commits to refrain from making any complaint, directly or

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through any other manner, without supporting it with full and verifiable
facts. If the BIDDER submits frivolous or false complaint(s), it will be
liable to attract sanctions as mentioned in Para 5 of this Pact.

3.11 The BIDDER will not instigate or cause to instigate any third person to
commit any of the actions mentioned above.

3.12 If the BIDDER or any employee of the BIDDER or any person acting on
behalf of the BIDDER, either directly or indirectly, is a relative of any of
the officers of IRCON, or alternatively, if any relative of an officer of
IRCON has financial interest/ stake in the BIDDER's firm, the same will
be disclosed by the BIDDER at the time of filing of tender.

The term 'relative' for this purpose would be as defined in Section 6 of


the Companies Act 1956 or any amendment thereto (Annexure-A).

3.13 The BIDDER will not lend to or borrow any money from or enter into any
monetary dealings or transactions, directly or indirectly, with any
employee of IRCON.

3.14 All disclosures required under this Pact shall be included as


Annexures/ Appendices thereto as an integral part of this Pact.

3.15 If the BIDDER/ Contractor is a partnership or a consortium, this Pact will


be signed by all partners or consortium members.

4. Previous Transgression

4.1 The BIDDER declares that no previous transgression has occurred in


the last three years immediately before signing of this Integrity Pact,
with any other company in any country in respect of any corrupt
practices envisaged hereunder or with any Public Sector Enterprise in
India or any Government Department in India that could justify
BIDDER’s exclusion from the tender process.

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4.2 The BIDDER agrees that if it makes incorrect statement on this subject,
BIDDER can be disqualified from the tender process or the contract
and, if already awarded, can be liable to attract sanctions under this
Pact.

5. Sanctions for Violations

5.1 Any breach of the provisions of this Pact by the BIDDER or anyone
employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER) shall entitle IRCON to take all or any one of
the following actions, wherever required:-

5.1.1 To disqualify the BIDDER in pre-award stage without assigning


any reason and without any compensation to the BIDDER.
However, the proceedings with other BIDDER(s) would continue.
5.1.2 To take such actions/ steps as per provisions made in the tender
documents/ contract, if contract already signed, without giving
any compensation to the BIDDER.
5.1.3 To debar the BIDDER from participating in future bidding
processes as per IRCON’s policy on “Suspension/ Banning of
Business Dealings” with Agencies” (Annexure-B).
5.1.4 To forfeit, either fully or partially, the Earnest Money Deposit (in
pre-contract stage) and/ or Security Deposit/ Performance Bond
(after the contract is signed), without assigning any reason
therefor.
5.2 IRCON will also be entitled to take all or any of the actions mentioned
under this Para 5 in the event of commission by the BIDDER, or anyone
employed by it or acting on its behalf (whether with or without the
knowledge of the BIDDER), of an offence as defined in Chapter IX of
the Indian Penal code, 1860, or Prevention of Corruption Act, 1988, or
any other statute enacted for prevention of corruption.

5.3 The decision of IRCON to the effect that a breach of any provision of

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this Pact has been committed by the BIDDER shall be final and
conclusive on the BIDDER.

5.4 The BIDDER shall be liable to pay compensation for any loss or damage
to IRCON in the event of any action under this Para 5 and IRCON shall
be entitled to deduct the amount so payable from the money(s) due to
the BIDDER.

6. Independent External Monitors (IEMs)

6.1 IRCON has appointed Independent External Monitors (hereinafter


referred to as IEMs) for this Pact in consultation with the Central
Vigilance Commission Names and Addresses of the IEMs are given
below:
6.1.1 Dr. T. M. Bhasin
Independent External Monitor
C/o Chief Vigilance Office,
IRCON INTERNATIONAL LIMITED
C-4, DISTRICT CENTRE SAKET.
NEW DELHI-110 017
e-Mail ID: [email protected]

6.1.2 Name: Shri Bimal Julka,


IAS (Retd),
Address: D-419, Defence Colony
New Delhi – 110024
Email: [email protected]

6.2 The task of IEMs shall be to review independently and objectively


whether, and to what extent, the Parties comply with the obligations
under this Pact.

6.3 The IEMs shall not be subject to instructions by the representatives of


the Parties and perform their functions neutrally and independently.

6.4 Both the Parties accept that the IEMs would have a right to access,
without restriction, to all Project documentation of IRCON and the
BIDDER upon request and demonstration of a valid interest by the

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IEMs. The same is also applicable to sub-contractors of the BIDDER.


The IEMs shall be under contractual obligation to treat the information
and documents of all the parties with confidentiality.

6.5 In case of non-compliance of the provisions of the Integrity Pact, any


complaint/ non-compliance can be sent by an aggrieved party, giving
specific details of non-compliance with supporting documents, to the
designated Nodal Officer of IRCON appointed by the CMD. The Nodal
Officer, after verification of the complaint, shall refer the complaint/ non-
compliance so received by him to the aforesaid IEM(s). Alternatively, as
soon as the IEM notices a violation of this Pact, or has reason to believe
that a violation has occurred, or had received a complaint, he will so
inform the CMD of IRCON in the first instance.

6.6 The IEMs would then examine all complaints, other than anonymous/
pseudonymous complaints, received by them and give their written report
to the CMD of IRCON within 6 weeks from the date of reference or
intimation to him by IRCON/ BIDDER and, should the occasion arise,
submit proposals for correcting problematic situations.
7. Law and Place of Jurisdiction

This Pact shall be applicable to all tenders invited and finalized in India.
This Agreement is subject to Indian Law and the place and jurisdiction
for resolving any issue shall be New Delhi.

8. Other Legal Actions

The actions stipulated in this Integrity Pact are without prejudice to any
other legal action that may follow in accordance with the provisions of
the extant law in force relating to any civil or criminal proceedings.
9. Validity

9.1 The validity of this Integrity Pact shall be from the date of its signing and
extend up to 5 years or the complete execution of the contract to the
satisfaction of both IRCON and the BIDDER including Defect Liability/

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Warranty period, whichever is later. In case BIDDER(s) is (are)


unsuccessful, this Integrity Pact shall cease to be valid on the expiry of
two months from the date of award of the contract.

9.2 Should any provision of this Pact turn out to be invalid, the remaining
parts of this Pact shall remain unaffected which shall be honoured and
implemented by the Parties in its intent and spirit.

10. The Parties hereby sign this Integrity Pact at -----------on---------

(Full name & Registered Office address)


For and on Behalf of For and on Behalf of
Ircon International Limited BIDDER (Full name of
Bidder & regd. address)

[This Pact shall be signed by all the


partners of Partnership firm and all the
members of Joint Venture (JV)/ MOU (if
participation of JV/ MOU is permitted in
the tender).]

Name of the Authorized Officer. Name of the Authorized Officer


Designation Designation

(SEAL) (SEAL)

Witness Witness

1. 1 ------------------------------------------

2.----------------------------------------- 2. ------------------------------------------

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Annexure-A
LIST OF RELATIVES

Section 2(77) of the Companies Act, 2013


[Effective from 1st April, 2014]

‘‘Relative’’, with reference to any person, means anyone who is related to


another, if –
(i) they are members of a Hindu Undivided Family;
(ii) they are husband and wife; or
(iii) one person is related to the other in such manner as may be prescribed;

List of Relatives in terms of Section 2 (77) [as prescribed under Rule 4 of


Companies (Specification of Definitions Details) Rules, 2014]

A person shall be deemed to be the relative of another, if he or she is related to


another in the following manner, namely:-

1. Father:

Provided that the term “Father” includes step-father.

2. Mother:

Provided that the term “Mother” includes the step-mother.

3. Son:

Provided that the term “Son” includes the step-son.

4. Son's wife.

5. Daughter.

6. Daughter’s husband.

7. Brother:

Provided that the term “Brother” includes the step-brother;

8. Sister:

Provided that the term “Sister” includes the step-sister.

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Annexure-B

Procedure for Suspension/Banning


of Business Dealings with agencies
in IRCON

(Issue No.:01 Date: 10.06.2013)


(Revision:01 Date: 19.10.2022)

IRCON INTERNATIONAL LIMITED


(A Govt. of India Undertaking)
C-4, DISTRICT CENTRE, SAKET,
NEW DELHI-110017
PHONE: +91-11-26530266; FAX: +91-11-26522000, 26854000
Web: www.ircon.org
CIN: L45203DL1976GOI008171

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PROCEDURE FOR SUSPENSION/ BANNING OF BUSINESS DEALINGS

CONTENTS

S. No. Description Page


1. Introduction 60
2. Scope 60
3. Definitions 61
4. Grounds on which Suspension/ Banning of Business 61
Dealings can be initiated
5. Initiation of Suspension/ Banning 62
6. Appeal against the Decision of the Competent Authority 65

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Suspension /Banning of Business Dealing with agencies in IRCON

1 Introduction

1.1 IRCON is a specialized construction organization covering the entire


spectrum of construction activities and service in the infrastructure
sector, especially Railways. The primary objective of IRCON is timely
and efficient execution of projects assigned to it and at the same time
ensuring the quality thereof. As a commercial organization IRCON is
expected to adopt ethics of highest standards and a very high degree
of integrity, commitment and sincerity towards the work undertaken.
Accordingly, it is not in the interest of IRCON to deal with such Agencies
who commit deception, fraud or other misconduct in the execution of
contracts awarded/ orders issued to them. Appropriate action needs to
be taken against them in accordance with the procedure prescribed
herein.

1.2 This procedure shall be applicable for effecting suspension/ banning of


business dealings with Agencies working for IRCON. It is incumbent
upon IRCON to ensure compliance with the laws and principles of
natural justice for banning the business dealings with any Agency. After
issue of the Ban order for dealings in IRCON the Management may
consider whether or not to refer the matter to the Indian Railways to
consider imposition of similar ban by Indian Railways.

1.3 Since banning of business dealings involves severe consequences for


the Agency concerned, it is essential that an adequate opportunity is
provided to the Agency to present its case and any explanation, if
tendered, is properly considered. If necessary, a personal hearing may
be given to the Agency, before passing an order of banning based on
the facts and circumstances of the case on record.

2 Scope

2.1 The procedure for (i) Suspension and (ii) Banning of Business Dealings
with Agencies, is laid down in these guidelines.

2.2 It is clarified that these guidelines do not cover the process for declaring
an Agency as “Non Performer” for which instructions have been issued
separately.

2.3 The suspension/ banning shall be with prospective effect, i.e., it will
affect future business dealings only.

2.4 These guidelines shall apply to all the Projects/ Regional Offices of
IRCON.

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3 Definitions

3.1 In these Guidelines, unless the context otherwise requires:

i) 'Agency' means a 'Bidder/ Contractor/ Supplier/ Consultant'


ii) 'Competent Authority' and 'Appellate Authority' shall mean the
following:

a) 'Competent Authority' shall be the concerned Director of IRCON


and
b) 'Appellate Authority' shall be CMD, IRCON

Note: 'Competent Authority' and 'Appellate Authority' shall not be the same
person.

iii) 'Investigating Agency' shall include Central Vigilance Commission


(CVC), the Vigilance Departments of IRCON/ Ministry of Railways,
Central Bureau of Investigation, or any Central/ State Government
Department having powers to investigate into the propriety of
working of the Agency for IRCON.

iv) Other Terms used in this Circular shall have the same meaning as
assigned to them in Clause 1102 of Chapter-XI of Vigilance Manual
of Indian Railways.

4 Grounds on which Suspension/ Banning of Business Dealings can


be initiated:

4.1 For security considerations, including suspected disloyalty of the


Agency to the State or IRCON, as the case warrants;

4.2 If any Director/ Owner/ Proprietor or partner of the Agency, is convicted


by a Court of Law for an offence involving moral turpitude in relation to
its business dealings with IRCON, any Government Department/
Ministry or any other Public Sector Enterprise.

4.3 If there is strong justification for believing that any Director, Proprietor,
Partner, owner of the Agency has been guilty of malpractices, such as
bribery, corruption, fraud, substitution of tenders, interpolations, etc.

4.4 If the Agency engages a public servant dismissed/ removed from


service on account of corruption or employs a person convicted for an
offence involving corruption, moral turpitude or abetment of such
offence; in a position where he could corrupt government servants.

4.5 If the Agency has resorted to corrupt, fraudulent malpractices including


misrepresentation of facts;

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4.6 If the Agency uses intimidation/ threats or brings outside pressure on


the Company (IRCON) or/ on its officials in acceptance of Tender or
performance of the job under the contract;

4.7 Based on the findings of the investigation report of the Investigating


Department against the Agency that it has resorted to mala-fide/
unlawful acts or improper conduct on its part in matters relating to
IRCON, any Government Ministry/ Department or any other PSU;

4.8 If the Agency has submitted a false or wrong Affidavit along with its bid
with regard to the credentials of the firm or misrepresented/ manipulated
the facts in regard to or in connection with any bid submitted to IRCON.

4.9 Established litigant nature of the Agency to derive undue or benefit.

4.10 If the Agency misuses the premises or facilities of the IRCON, forcefully
occupies or damages the IRCON’s properties including land, water,
resources, forests/ trees or tampers with documents/ records etc.

4.11 If the business dealings with the agency have been banned by the
Ministry of Railways.

(Note: The above grounds are illustrative only and not exhaustive. The
Competent Authority may decide to suspend/ ban business dealings for
any other reasonable cause and sufficient reason)

5 Initiation of Suspension/ Banning:

5.1 Suspension of Business dealing

5.1.1 Action for suspension may be initiated by the concerned Coordinating


Officer/IRCON on receipt of a report from the Project Head/ Functional
Head/ Investigating Department and if it is considered that allegations
are of a serious nature, which may warrant banning of business
dealings with the Agency. The report should also bring out whether
pending banning of business proceedings it would be in the interest of
IRCON to enter into fresh business dealings with the Agency or order
immediate suspension of further business dealings with the Agency.
The Coordinating Officer shall submit his report to the Competent
Authority.

5.1.2 As far as possible, the existing contract(s) with the Agency may be
continued unless the Competent Authority, having regard to the
circumstances of the case decides otherwise in the interest of IRCON.

5.1.3 If the Competent Authority, after consideration of the matter, including


the recommendations of the Investigating Department/ report of the
Coordinating Officer, decides that it would not be in the interest of
IRCON to enter into business dealings with the Agency pending
investigations, he may order suspension of business dealings with the
Agency.

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5.1.4 The Investigating Department may be advised to complete their


investigations and submit a final report within a period of three months.

5.1.5 The order of suspension of business dealings would not remain


effective for a period beyond three months from the date of the issue of
the suspension order unless show cause notice for banning of business
is issued to the Agency within this period. However, if the final
investigation report is not received within this period, the Competent
Authority may extend the period of suspension by another three months,
during which period the show cause notice must be issued. Once the
show cause notice is issued the suspension order will continue till
decision by Competent Authority.

5.1.6 In case of suspension the Agency must be informed immediately of the


suspension order with brief charges under investigation. It is not
necessary to enter into correspondence with or offer explanations to the
Agency at this stage.

5.1.7 The order of suspension can be issued without giving any show cause
notice or personal hearing to the Agency. However, the suspension
cannot be continued for an indefinite period, unless a show-cause
notice for banning of business is issued within 6 (six) months, the period
of suspension will either be extended or the suspension shall be
revoked.

5.2 Banning of Business Dealings

5.2.1 A decision to ban business dealings with any Agency shall normally
apply throughout IRCON and its subsidiaries.

5.2.2 An Investigating committee not below the CGM level nominated by


Competent Authority shall look into the charge(s) against the
agency. The functions of the committee shall, inter-alia include:

i. To study the report of the Project Head/ Functional Head/


Investigation agency and decide if a prima-facie case for banning
exists, if not, send back the case to the Competent Authority.

ii. To recommend for issue of show-cause notice to the Agency by the


competent authority as per clause 5.2.3.

iii. To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.

iv. To submit final recommendations to the Competent Authority for


banning or otherwise.

5.2.3 On receipt of the report of the Investigating Committee if the Competent


Authority is prima-facie of the view that action for banning of business

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Tender for Supply of Ballast from Gevra Road to Pendra Road

dealings with the Agency is called for, a show-cause notice may be


issued to the Agency after approval by the Competent Authority.

5.2.4 The show cause notice, duly approved by the Competent Authority, may
be issued by Regd. A.D./ Speed Post by concerned Coordinating Officer
in charge of the project along with a statement containing the imputation
of misconduct or malpractice and the Agency should be asked to submit
its written explanation or statement in defence within 30 days of the date
of notice. If no reply is received, a decision may be taken ex-parte by
the Investigating Committee based on facts and evidence on record.

5.2.5 If the Agency requests for inspection of any relevant document


mentioned in the show cause notice in possession of IRCON, the facility
for inspection of such documents may be provided.

5.2.6 After considering the reply of the Agency and other circumstances and
the recommendation of the investigating committee, a final decision
shall be taken by the Competent Authority, if considered necessary after
giving an opportunity for personal hearing to the Agency. The
Competent Authority may then consider and pass an appropriate
speaking order:

a) exonerating the Agency, if the charges are not established;

b) banning the business dealings with the Agency along with the period for
which the ban would be operative, if the charges are proved.

c) whether or not to refer the matter to the Indian Railways to consider


imposition of similar ban by Indian Railways.

5.2.7 The order for banning of business dealings by all units of IRCON shall
be applicable to the Agency including its allied firms as defined in Para
1102 of IR Vigilance Manual.

5.2.8 Decision of Competent Authority will be intimated to the concerned


Project Head/ Coordinating Officer, who will convey the same to the
delinquent Agency and its allied firms and circulate it to the corporate
office and all Project Head / Functional Head/ Project Coordinator for
applying these orders uniformly in IRCON. The reasons may not be
disclosed in such communications. However, the fact that the
representation has been considered should invariably be mentioned in
the communication.

5.2.9 The validity of the banning order shall be for a specified time period, on
expiry of which, the banning order shall cease to operate, unless
extended further by competent authority.

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Tender for Supply of Ballast from Gevra Road to Pendra Road

6 Appeal against the Decision of the Competent Authority:

6.1 The Agency may file an appeal against the order of the Competent
Authority for suspension continuing beyond six months or order of
banning business dealings with the Agency. The appeal shall lie with
the Appellate Authority. Such an appeal shall be preferred within one
month from the date of receipt of the order banning of business dealings
or order of continuance of suspension order beyond six months.

6.2 Appellate Authority shall consider the appeal and pass an appropriate
order which shall be communicated to the Agency as well as the
Competent Authority.

If the decision of the Competent Authority is modified by the Appellate


Authority the same will be intimated by concerned Project Head/ Project
Coordinator to the delinquent agency and its allied firm and circulate it
with advice to all Project Heads and Corporate Office of IRCON.

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Tender for Track Linking Works from Gevra Road to Pendra Road

ANNEXURE – VII
CHECK LIST for list of documents duly page numbered, signed, stamped by authorized
signatory of the Bidder to be scanned, uploaded (in PDF/ JPG format such that file size is not more
than 5 MB) with the e-tender and submitted online not later than the prescribed date and time for
e-bid submission:
(A) Documents in Original to be submitted in tender box at the address
mentioned in the Key Information Table (KIT) Para 1.1 of e-
Procurement Notice.
(i) Earnest Money Deposit in the form of Pay Order/DD/FDR/BG as referred in clause
no. 9.0 of ‘Instructions to Tenderers’.
(B) Documents to be uploaded:
1. Forwarding Letter of the bidder
2. Form of Bid duly filled signed and stamped
3. Details of similar works completed/substantially completed in last seven years
(Format - 1) along with their Completion Certificate.
4. Revenue from Operations for the last three years with supporting documents
(Format - 2).
5. Program for deployment of man power (Format - 3).
6. Program for deployment of Plant & Machinery on the project (Format - 4).
7. Maximum Value of construction works executed and payment received in any of
the three financial years (Format - 5)
8. Existing Commitment and ongoing construction works (Format - 6)
9. Attested copies of the constitution of its firm such as Partnership Deed,
Registration Certificate, MOU/ Joint Venture Agreement, Memorandum and
Articles of Association, etc.
10. GSTIN
11. ISO certificates (if any).
12. Schedule of start and completion of work in the form of Bar Chart.
13. Methodology for execution of works.
14. Proof of transaction towards payment of Cost of Tender Document/ Earnest
Money through NEFT or RTGS and copy of Earnest Money Deposit of requisite
amount in the prescribed form.
15. Power of Attorney duly attested by Notary Public in favour of the person signing
the e-bidding documents digitally as well as manually.
16. Bankers details (name of bank and branch) along with bidders own bank details
(Account No., Name of Account Holder, NEFT/RTGS details) as per Format given
in Annexure-I).
17. Affidavit (as per Format given in Annexure-IV)
18. Scanned copy of EMD in prescribed form.
19. Any other details sought through ITT, NIT and tender conditions.
Note :
i) Hard copy of uploaded documents listed at (B) above, in original must be presented
to IRCON, if requested so, either during the process of finalization or after
finalization of the tender.
ii) Financial bid submitted by any bidder in physical form shall not be considered and
the same will be left un-opened.

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Tender for Track Linking Works from Gevra Road to Pendra Road

FORMAT-1
(Ref. Sr. No. 3. of Annexure-VII to Instructions to Tenderers)
DETAILS OF SIMILAR WORKS COMPLETED/SUBSTANTIALLY COMPLETED IN LAST SEVEN YEARS

S. Description Name and Contract Date Stipulated Date of Value of Reasons Penalty, if Any other Remarks
No. of the Work address No. and of date of actual completed for any, relevant
of the date award completion completion work delays, if imposed information
Employer of (In Lacs of `) any for delay
work
1
2
3
4
5
6

Note:
1. In case of Joint Venture (if Joint Venture is permitted in the tender), the information is to be furnished by all the members.

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Tender for Track Linking Works from Gevra Road to Pendra Road

FORMAT-2
(Ref. Sr. No. 4. of Annexure-VII to Instructions to Tenderers)
REVENUE FROM OPERATIONS FOR THE LAST THREE YEARS

S. YEAR Revenue from Operations Remarks


No. (In lacs of `)

Note:
1. In case of Joint Venture (if Joint Venture is permitted in the tender), the information is to be furnished by all the members.
2. The above statement shall be certified by statutory auditor with UDIN where the accounts are audited. In other cases, the same may
be certified by Chartered Accountant with UDIN.

3. The financial turnover shall mean Revenue from Operations of standalone Financial Statements of the Bidder.

4. Revenue from Operations shall be judged from Audited Balance Sheet, Profit & Loss A/c, relevant Notes to A/cs and Statutory Auditor
Report/ relevant abstracts of Annual Reports covering above documents and the same shall be certified by statutory auditor with UDIN
where the accounts are audited. In other cases, the same may be certified by Chartered Accountant with UDIN.

5. In case the financials of immediate prior Financial Year have not yet been audited till the time of submission of the tender, the bidder
can submit an Affidavit to this effect stating that "the financial results of the immediate prior Financial Year has actually not been
audited so far". In such cases, the financials of preceding three audited financial years will be taken into consideration for evaluating
the Annual Financial Turnover of the bidder. In the absence of such an Affidavit, the benefit of considering three preceding years would
not be given and the bid would be evaluated considering turnover for two preceding years only.

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Tender for Track Linking Works from Gevra Road to Pendra Road

FORMAT-3
(Ref. Sr. No. 5. of Annexure-VII to Instructions to Tenderers)
PROGRAMME FOR DEPLOYMENT OF MAN POWER

S. Name Qualification Designation Total Experience Programme for Deployment


No. (in years)

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Tender for Track Linking Works from Gevra Road to Pendra Road

FORMAT-4
(Ref. Sr. No. 6. of Annexure-VII to ITT)

PROGRAMME FOR DEPLOYMENT OF PLANT AND MACHINERY PROPOSED TO BE ENGAGED ON THE PROJECT

S. Description Make Model & Year Capacity Condition Nos. Programme of Remarks
No. of proposed to Deployment
manufacture be deployed
1
2
3
4

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Tender for Track Linking Works from Gevra Road to Pendra Road

FORMAT- 5
(Ref. Sr. No. 7. of Annexure-VII to Instructions to Tenderers)
MAXIMUM VALUE OF CONSTRUCTION WORKS EXECUTED AND PAYMENT RECEIVED IN ANY OF THE PREVIOUS THREE
FINANCIAL YEARS OR CURRENT FINANCIAL YEAR (UP TO DATE OF INVITING TENDER)
S. MAXIMUM VALUE OF CONSTRUCTION WORKS EXECUTED AND Remarks
No. PAYMENT RECEIVED IN ANY OF THE PREVIOUS THREE
FINANCIAL YEARS OR CURRENT FINANCIAL YEAR (UP TO DATE
OF INVITING TENDER)
(In lacs of `)
1

Note:
1. In case of Joint Venture (if Joint Venture is permitted in the tender), the information is to be furnished by all the members.
2. The above statement should be duly verified by statutory auditor with UDIN where the accounts are audited. In other cases by
Chartered accountant with UDIN.

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Tender for Track Linking Works from Gevra Road to Pendra Road

Existing commitments and on-going construction works:

FORMAT-6
(Ref. Sr. No.8. of Annexure-VII to ITT)

Value of
Place Contract Value of Stipulated works Anticipated
Name & Address of Contract remaining to
Description of Work & No & period of Date of
Employer be completed
State Date (`in Lakhs) completion completion
(`in Lakhs) *
(1) (2) (3) (4) (5) (6) (7) (8)

Note:
1. In case of Joint Venture (if Joint Venture is permitted in the tender), the information is to be furnished by all the members.
2. The above statement should be duly verified by statutory auditor with UDIN where the accounts are audited. In other cases by
Chartered accountant with UDIN.

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SECTION - IV
Appendix to Tender

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Tender for Ballast Supply from Gevra Road to Pendra Road

APPENDIX TO TENDER (ATT)

DESCRIPTION Reference Clause


Following materials shall be supplied by the N/A
Engineer to the Contractor free of cost:- NIL

Following Plant & Machinery shall be issued N/A


by the Engineer to the Contractor on hire
basis:- NIL
The operators for running / operating following N/A
Plant & Machinery shall be provided by the
Engineer:- NIL
For Price Variation Clause: Clause No. 8.0
Special Conditions of Contract
%age weightage of various component
depending upon nature of works:-
Work Classification Ballast Supply
Components
i) Labour component (L) 25%
ii) Materials component (M) 20%
(Other than Bitumen, Cement, Steel –
Reinforcement Steel, Structural Steel,
HTS wires)
iii) Plant, Machinery and Spares 30%
Component (P)
iv) POL (Fuel and Lubricants) 25%
Component (F)
v) Cement Component (C) 0%

vi) Reinforcement Steel (SR) 0%

vii) Structural Steel (Ss) 0%

Star Item Component: N/A

*Bitumen - HTS wires (as the case may be)


are star items for which price
variation will be calculated
separately.

Address of IOCL/ BPCL/ HPCL refinery N/A


nearest to the project site for taking price of
Bitumen for PVC:-
(Please write Not Applicable if No price
variation of bitumen is involved)

74
SECTION - V
Special Conditions of Contract

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Tender for Ballast Supply from Gevra Road to Pendra Road

SPECIAL CONDITIONS OF CONTRACT


(Table of Clauses)

Clause Description
No.
1.0 Order of priority of Contract Documents
2.0 General Information
3.0 Scope of Work
4.0 Mobilization Advance
5.0 Supply of Materials, Approval & Tests
6.0 Laboratory
7.0 Taxes and Duties
8.0 Price Adjustment
9.0 Completion period, Programme Submission, Commencement of work and
Delay & extension of contract
10.0 Defect Liability Period
11.0 Insurance
12.0 Performance Security and Retention Money
13.0 Vitiation of Contract
14.0 General obligations of the Contractor
15.0 Updation of Labour data on Indian Railways shramikkalyan portal by
Contractor.
16.0 Law governing the Contract & jurisdiction of courts
17.0 Deployment of Engineers
18.0 Contract agreement
19.0 Measurement of Works and Payments
20.0 Mode of payment and tax deduction at source
21.0 Quantity Variation
22.0 Waste Management
23.0 Clause No 57 of GCC modified
24.0 Clause no 73 of GCC -Deletion

The Conditions of the Contract shall be IRCON’s General Conditions of Contract Feb
2021 version dt 16.02.2021 with correction slips (herein after called as the General
Conditions) as modified and added to by the following Special Conditions of Contract
which shall be read and construed with the General Conditions as if they were
incorporated therewith.

Insofar as any of the conditions of Special Conditions of Contract conflict or be


inconsistent with any of the General Conditions, the Special Conditions shall prevail.

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Tender for Ballast Supply from Gevra Road to Pendra Road

SPECIAL CONDITIONS OF CONTRACT

1.0 ORDER OF PRIORITY OF CONTRACT DOCUMENTS:

Where there is any conflict between the various documents in the contract,
the following order of priority shall be followed i.e. a document appearing
earlier shall override the document appearing subsequently:

1) Agreement

2) Letter of Acceptance of Tender

3) Notice Inviting Tender

4) Instructions to the Tenderers

5) Appendix to Tender

6) Form of Bid

7) Special Conditions of the Contract

8) General Conditions of Contract

9) Particular Technical Specifications

10) General Technical Specifications

11) Relevant codes and Standards

12) Bill of Quantities

1A.0 Definitions

“Client/ Owner" means the Department, Organization, Individual, Firm,


Company, J.V. or Consortium who awarded the work to Ircon International
Limited for execution/ Project Management Consultancy (PMC) of the
project of which the works is a part, and shall include its heirs, executors,
legal representatives etc.

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Tender for Ballast Supply from Gevra Road to Pendra Road

2.0 GENERAL INFORMATION

IRCON is executing the construction works of new BG Electrified Double Railway


line for East West Rail Corridor between Gevra Road to Pendra Road via Dipka,
Katghora, Sendurgarh, Pasan with approximate length 135Km. East West Corridor
also includes single line between Urga to Kusmunda of 11.51 Km and
connectivities of Approximate 35 Km length.

IRCON intends to engage an experienced and resourceful agency who can carry
out supply of Ballast material, execute stacking, lifting, loading, leading and
unloading for double railway track between Gevra Road (0 Km) to Pendra Road
(Km 135) & Urga (0 Km) to Kusmunda (11.51 Km) Single line in connection with
the construction of New BG Electrified Double Railway Line for Chhattisgarh East
West Rail Corridor from Gevra Road (Km 0) to Pendra Road (Km 135) via Dipka,
Kathghora, Sendurgarh and Pasan in the state of Chhattisgarh over South East
Central Railway.

3.0 SCOPE OF WORK

The scope of supplies in this tender cover Supplying and stacking 2,00,000 cum
of machine crushed stone ballast of 50 mm size (65mm to 20mm well graded) for
railway track as per relevant RDSO specifications between (Gevra Road) 0 KM to
(Pendra Road) 135 KM & Urga (0 Km) to Kusmunda (11.51 Km) Single line in
connection with the construction of New BG Electrified Double Railway Line for
Chhattisgarh East West Rail Corridor from Gevra Road (Km 0) to Pendra Road
(Km 135) via Dipka, Kathghora, Sendurgarh and Pasan in the state of
Chhattisgarh over South East Central Railway.
The ballast should be Conforming to latest RDSO Track Ballast specifications
(2004) & with latest corrections/amendments etc. Stacking of ballast is to be done
along the alignment at or near toe of the embankment, on top of formation or in
cutting, in railway yard or any other designated places along the alignment as
advised/directed by Engineer-in-charge/Client. The rate includes supply, leveling
& compacting, grass & bushes removal at the stacking area/ space, preparing and
repairing the approaches to reach the ballast stacking area, all labour, tools, all
types of transportation, unloading, stacking, leads, lifts, handling, re-handling,
ascends, descends, crossing of tracks and any other obstructions etc., sieve
analysis, charges for testing the quality of ballast at the reputed labs as per RSDO
guidelines, all taxes, levies, duties, octroi, royalty, cess & seigniorages etc. No
deduction will be made on stack measurement for shrinkage as specified in
technical specification. The contractor will make ground level & compact to enable
levels being taken by the Engineer-in-charge at site prior to stacking. However,
before unloading and stacking of Track ballast, it shall be supplier’s
responsibilities to level & compact the ground of stack yard in a manner as
deemed fit by Engineer and nothing extra shall be payable on this account as it is
deemed to have been included in the quoted/negotiated rate.

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Tender for Ballast Supply from Gevra Road to Pendra Road

The Ballast material should be supplied at the below listed Yard locations-

Sr. No Location Quantity In Cum


1 Kusmunda Station 5,000
2 Gevra Station 5,000
3 Pendra Station 10,000
4 Surakachana 20,000
5 Katghora 20,000
6 Bhingra 20,000
7 Putwa 20,000
8 Matin 20,000
9 Sendurgarh 20,000
10 Putipakhana 20,000
11 Bhadi 20,000
12 Dhangawan 20,000
Total 2,00,000

Note- Ballast shall be supplied and stacked in the yard depot or along the
formation for which necessary land shall be arranged by Agency itself.
Nothing extra shall be paid on this account.

Tenderer shall ensure the following: -

3.1.1 Each tenderer at the time of tendering shall submit the test report of gradation,
impact Value, Abrasion Value, water absorption Value from approved/ reputed
laboratories/ Institutions for the ballast intended to be supplied. The name of
quarry/ quarries and location etc. also to be mentioned in the test report itself.

3.1.2 The tenderer shall also furnish an undertaking (Annexure-XIII) that the ballast
supply at all times will conform to specifications for track ballast as specified.
IRCON reserves the right to retest the ballast sample of any or all the tenderers,
before finalization of tender at IRCON’s cost.

3.1.3 Tenderer should mention the source of collection of boulders along-with his offer,
which is to be approved by Engineer. Source once approved can be changed
only with the approval of Engineer, if becomes necessary during progress of
work.

3.1.4 The rate quoted by the bidder shall include all charges like procurement of machine
crushed ballast from quarry, handling/ re-handling, loading, transportation from
quarry to the nominated stack locations including all leads, lifts, ascents,
descents, clearance of site, crossing of tracks, nallah or any other obstructions
etc., labour, tools, plants, machineries, unloading, dressing and stacking along
the track, screening of ballast (if required), testing of ballast samples etc. making
and maintaining service roads with all incidental charges complete in all respect
to the satisfaction of Engineer.

3.1.5 The rate quoted by the bidder shall also be all inclusive for the above scope of
work including all taxes, royalty, license fee, cess, forest transit fee (if any),
insurances, local villagers development charges (if any) & all other incidental
charges. The rate quoted by bidder and accepted by IRCON shall remain firm

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Tender for Ballast Supply from Gevra Road to Pendra Road

during the tenure of supply including permissible variations, if any and no


escalation shall be paid by IRCON on account of any fluctuation or variation in
the market prices for Diesel, transportation, Labour and any other components
involved in the supply. However, it is obligatory for the supplier to provide Royalty
paid Challans as per the materials supplied with every bill. Further, the supplier
will provide the Royalty clearance from the mining department after completion of
the supplies, before the security deposit is due for release, to get release of
security deposit from IRCON.

3.2 Inspection Vehicles:


The contractor shall provide 1 (One) nos. inspection vehicle (Model- Toyota
Innova/Mahindra XUV 500 - 01 in good condition (model not older than 03 years)
for site movement of Engineer, Engineer’s representative, Client or his
representative and bear all expenditure in this regard including running cost up to
4000 km/month/Vehicle or Cumulative 50,000Km/year/Vehicle during the entire
period of contract till completion of work including time extension, if any, and issue
of certificate thereof.
The above 01 vehicles to continue during Defect Liability Period (DLP) with same
terms and conditions as stated above.
No separate payment shall be admissible on this account. In case, the vehicles
are not provided by the contractor, it will be hired from open market and charges
will be recovered from the contractor’s bills/dues as decided by the Engineer.

3.3 Site office:

The contractor will set up reasonably furnished site offices at least one locations
(as decided by Engineer) with in project reach with each office of about 100 sqm
by hiring a building or by erecting temporary building/Pre-fab-building with the
proper electric arrangement, water supply and sanitary fittings with good roofing &
flooring for the exclusive use of the Engineer. Contractor shall also provide four
bell boys in office for official working in the site office. In case, the office and/ or
bell boys are not provided by the contractor, suitable recovery at the prevailing
rate of state Govt’s minimum wages per bell boy per month or part there off will be
made from the contractor’s bills/dues. Location of site offices will be decided by
the Engineer.

3.4 SITE REQUIREMENTS

3.4.1 Water supply


The contractor shall be responsible for the arrangements to obtain water supply
for drinking and necessary for execution of work in all respect. IRCON shall not
supply water. Rates quoted by the contractor shall include the cost of arranging
water supply at the site of works.

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Tender for Ballast Supply from Gevra Road to Pendra Road

3.4.2 Power supply


Any electric supply required at the site of works for whatsoever purpose shall be
arranged by the contractor. The contractor shall make his own arrangements for
electric power supply/installation of Diesel generating sets etc. as required for the
work at his own cost and the rates quoted shall include the cost of providing such
electric supply arrangements required for the works and offices/accommodations
etc.

3.4.3 Service roads


The contractor shall make his own arrangements for service roads, paths etc. for
carrying his tools and plants labour and materials etc. and will also allow IRCON
and other Govt. bodies the use of such paths and service roads etc. for plying its
vehicles free of any charges. The contractor is deemed to have included the cost
of making any service roads, roads or paths etc. that may be required by him for
plying his/ project vehicles for the carriage of men and materials, tools, plants and
machinery for successful completion of the work.

Similarly, any other feeder road connecting any of the existing roads will be made
by the contractor at his own cost including any compensation that may be required
to be paid for the temporary and or private land and without in any way involving
IRCON in any dispute for damage and/or compensation.

In case IRCON has its own paths, service roads, the contractor will be allowed to
use such paths or service roads free of any charges.

The contractor shall, however, in no way involve IRCON in any claims or dispute
whatsoever due to the inaccessibility of such paths or service roads or due to its
poor condition and/or maintenance or it being blocked and/or closed.

In case at some locations, sufficient land is not available, the contractor is to


arrange stacking ground at his own cost.

3.4.4 Lighting

If lighting is required as per instructions of the Engineer, the contractor shall abide
by the directions of the Engineer in this regard. The rates quoted by the contractor
shall include the cost of arranging such lighting and nothing extra shall be paid.

3.4.5 Labour Camp

Contractor must establish proper labour camps with a proper water supply and toilet
facilities and should keep the areas in a neat and hygienic condition. If female
labourers are employed, crèches for their children must also be organized.

The Engineer will have the right to impose a fine up to Rs. 10,000/- on each occasion
he finds the contractor at the default of proper arrangements in the labour camp and
such amounts of fine will be deducted from the bills of the contractor.

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Tender for Ballast Supply from Gevra Road to Pendra Road

3.4.6 Enabling Works

The rates quoted shall be inclusive of all enabling works such as construction vats,
stores, godowns, workshops, maintenance places, offices, housing, labour camp,
access roads, service roads, transport arrangements, drinking water facility, lighting
etc. whether expressly specified or not. All temporary access facility created during
execution of works including ramps in earthwork, concrete or masonry steps,
ladders, etc. shall be treated as enabling works.

The contractor shall engage local labour for unskilled work as far as practicable.

3.4.7 Material and workmanship

Supplied material shall be tested in laboratory as and when required by Engineer.


Supplier has to ensure the proper gradation of stone aggregate production and
arrange for gradation test at source (Crusher site) as well as at staking site at his
own cost based on the frequency specified in RDSO’s specifications & Technical
specification of the contract.

3.4.8 Removal of rejected goods & its replacement

a) If on delivery, whether inspected and approved earlier or not, the material is not
found in conformity with the specification, the same shall be rejected by
IRCON/Consultant/ Client or its authorized representatives and notify the same in
writing to the Supplier as expeditiously as possible and normally within 15 days
from the date of receipt of the material at the works/site/office.

b) Any portion of ballast stack as a whole is rejected in any manner by IRCON on the
cess shall be property of contractor. No payment shall be made in any manner for
such rejected ballast. While rejecting, the inspecting authority should exercise his
full true technical judgment because once ballast stack as a whole rejected, it shall
not be accepted in any manner.

c) To safeguard against the possibility of mixing up of rejected ballast with accepted


ballast, the contractor shall be bound to remove the rejected ballast for away from
the Railway premises within 7 days. Till such time the heap of the rejected ballast
shall be made semi spherical or a frustum thereof and the dilute solution of white
lime shall be sprinkled on the top and on the side faces of heap and to diametrically
opposite lines with red colour (surkhi etc.) shall be drawn on the stack to
distinguish the stacks of rejected ballast from other ballast stacks.

d) In case of cess supply, if the contractor removes the rejected ballast and placed it
in private land very adjacent to the Railway boundary, in such case too, same
procedure for distinguishing the stacks of rejected ballast from the accepted stacks
of ballast shall be followed as specified vide para 8.2 above.

e) It shall be the full responsibility of the contractor to make aware his labour to
identify the rejected ballast stacks to have clear idea of ballast stacks which are to
be lifted for spreading, loading in hoppers etc.

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Tender for Ballast Supply from Gevra Road to Pendra Road

f) Failing to adhere to the specifications laid down for rejected ballast vide paras
above by the contractor, IRCON may make their own arrangement to carry out all
the operations specified above or may remove rejected ballast at the cost of
contractor and shall recover the cost involved in the operation without any
prejudice, an amount double of the expenditure incurred as specified above as
penalty including money paid for the rejected ballast, if any, from the contractor
running bills due to him or from the security deposit or otherwise as case may be.

g) In case rejected ballast is removed by the IRCON no claim from the contractor for
cost of rejected ballast after being removed by the IRCON shall be entertained by
the IRCON.

3.5 Interfacing & Integration Works

3.5.1 During the currency of this contract, other agencies will also be deployed for
execution of Earth work, Track linking, signalling and electrification works. The
contractor may be required to plan and phase his activities as per the directions of
the Engineer for accommodating simultaneous execution of other works. This has to
be accommodated by the contractor without any extra cost to the Employer.

3.5.2 The contractor shall take full responsibility in terms of organizing, managing,
coordinating and administrating the interfacing of all components of works including
all issue related to and arising out of such tasks and responsibility. The contractor
shall interface with all concerned authorities and other contractors as required to
complete the work satisfactorily within the stipulated period.

3.5.3 Under consideration and application of the above clause, the contractor shall and has
also the obligation to interact with the other contractors and authorities to obtain all
necessary technical information, all necessary information concerning organization
of works, coordinating the works etc. which are necessary to assess, mitigate, take
care of contractual obligations, risks, liabilities and whatsoever arising out of
interfacing, engineer issues, organization of the works etc. The employer/engineer
shall not be held liable in any way, throughout the preparation of the offer and/or
execution of the works and/or maintenance period and/or defects liability period for
any omissions, misunderstanding, negligence etc. arising out of interfacing,
coordinating, organizing etc. of the works. The employer will not entertain any claim
arising out of misunderstanding, miscommunication, omission, withholding of
necessary/required information or whatsoever between the concerned
contractors/authorities concerning interfacing, organizing etc. of works. In case of
any claim arising from any of the contractors, as aforesaid, referring to interfacing
and /or interfacing related issues; the Employer will hold the concerned contractors
liable for not taking care of their contractual obligation concerning interfacing,
organizing, co-ordination etc. of the related works.

3.5.4 Needless to say, that construction of railway lines requires close coordination among
various agencies executing the works in this section, Engineer, Employer and the
Railway authorities/IRCON. The contractor shall therefore plan all his works requiring
interfacing with other agencies, meticulously, in consultation and coordination with
all concerned parties, in advance, for expeditious execution, without causing and
delay either to his works or those of others. The contractor shall strictly adhere to the
work plan made for works requiring interfacing. Any delay either on his part or on the

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part of other agencies and other bottlenecks that could affect the pace of works shall
be informed to the Engineer in time so as to enable him to take corrective steps.

3.5.5 If the contractor fails to take adequate steps for smooth execution of such works,
then the Engineer shall have the right to take necessary steps to organize and
streamline such works, including/excluding the requisite portion of work from the
scope of the Contractor and getting the same executed by other agencies, at the risk
and cost of the contractor.

4.0 MOBILISATION ADVANCE

4.1 Conditions for Payment:

If requested by the Contractor in writing, the Employer/ Engineer shall make an


interest bearing mobilization advance payment to the Contractor for an amount
not more than 10 (Ten) percent of the original contract value. The Mobilization
Advance shall be interest bearing at the rate of 10% per annum on Cost plus
basis projects of Indian Railways and Marginal Cost of Fund Based Lending Rate
(MCLR) (1-Year or for the tenor as applicable) of State Bank of India plus 1% or
Interest charged by the client, whichever is more for other projects, as effective
on the date of approval of payment of Mobilization Advance by the Competent
Authority. Interest will be compounded annually on reducing balance. Payment
of such advance shall be made after fulfillment of the following conditions to the
satisfaction of the Engineer:-

Execution of the Agreement between the Engineer and the Contractor.

i) Submission of Performance Security by the contractor in accordance with


Clause 8.2 of General Conditions of Contract.

ii) Submission of an unconditional Bank Guarantee in the format annexed as


Annexure-VIII from a Scheduled Bank in India for an amount equal to 110% of
the Mobilization Advance being paid. The Bank Guarantee may be submitted
into four parts subject to each having a minimum value of 2.5% of the contract
value. Such Bank Guarantee shall remain effective until the advance payment
along with the interest has been recovered from the Contractor. Bank
Guarantee(s) for the amount recovered from the Contractor shall be released to
the Contractor progressively.

4.2 Payment:

After fulfillment of the pre-conditions as described in para 3.1 above, the


mobilization advance shall be released to the Contractor in following stages:

Stage-I- Maximum 5% of contract value on fulfillment of the conditions


described in clause 3.1 above.

Stage-II- Maximum 5% of contract value on establishment of site camps and


offices, mobilization of necessary Plant and Machinery and man
power and other facilities for commencement of work.

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Satisfactory Utilization certificate from the contractor for stage-I mobilization


advance should be obtained before releasing stage-II advance.

4.3 Recovery:

The recovery of mobilization advance along with upto date interest thereon shall
commence from the Contractor’s on account bills when the value of the work
executed under the contract reaches 15% of original contract value, and shall be
completed when the value of work executed reaches 85% of the original contract
value. The installments on each “on account bill” shall be on pro-rata basis.

4.3.1 In the event of amount of outstanding advance with interest thereon becoming
more than the available B.G., the Contractor shall have to provide a fresh B.G. with
increased amount or provide a separate B.G. to cover additional amount likely to
be overdue beyond the existing value of Bank Guarantee.

4.4 Calculation of Interest:

Interest shall be compounded on diminishing balance basis on the amount of


advance outstanding. The date of issue of cheque/ RTGS/ NEFT shall be reckoned
as the date on which the recovery has been made for purpose of computing the
outstanding advance and working out the interest.

5.0 SUPPLY OF MATERIALS, APPROVAL AND TESTS

5.1 Contractor shall make his own arrangements at his cost for all materials required
for execution, completion and maintenance of all items of work included in his
scope of work to the complete satisfaction of the Engineer. Engineer shall not
supply any materials. The Engineer/Employer shall not be responsible for
providing any storage accommodation for the materials arranged by the
Contractor. In case of any materials being provided or arranged by the Engineer,
the Contractor shall make his own arrangements for storage of same.

i) The Ballast should be as per Indian Railway/RDSO (with Latest


Amendments/correction slips).

ii) The quoted rates should be inclusive of inspection Charges, test charges
and all taxes and duties, Octroi and any other charges / levies of Central,
state, local bodies etc. including Loading, transportation, unloading,
stacking at site and incorporation into the work.

5.2 All materials to be used in construction shall be subject to approval of the


Engineer/Client. The contractor shall procure all the materials well in advance so
that there is sufficient time for testing of the materials and clearance of the same
before using in the works.

5.3 It is incumbent on the contractor to obtain approval of the Engineer for the quantity
and specification of material to be procured before processing for the
procurement. The contractor shall therefore submit the details of requirement as
per the approved drawings and contract specifications before his processing for
procurement.

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5.4 The quality of all materials once approved shall be maintained throughout the
period of construction and periodical tests shall be carried out to ensure that it is
maintained. Such routine tests shall be listed under the different materials and/or
as may be ordered by the Engineer from time to time.

5.5 TESTING OF MATERIALS

The contractor shall arrange at his own cost the standard testing equipment
according to the direction of the Engineer-in-charge both for the preliminary tests
at ballast production place & at the works site tests.
Necessary testing apparatus etc., shall be owned and arranged by the Contractor.
Labour, transport and apparatus required for obtaining samples, carrying samples
to the field laboratory and for conducting the tests at the field laboratory shall be
provided by the Contractor at his own cost.

The criteria for acceptance of work shall be results of tests carried out for work.
NOTE: All tests have to be carried out as per the RDSO guidelines, Standard
Codes, Specifications& latest correction slips and as per direction of
Engineer-in-Charge.

5.6 CHARGES FOR TESTING

It is re-iterated that no additional payment shall be made to the Contractor for any
testing (unless otherwise noted explicitly) and rate quoted shall be deemed to
include all testing, its report and other incidental expenses.

5.7 RECORD OF MATERIALS

The contractor will maintain record of all materials brought and consumed in
proper formats / registers and as approved by Engineer. The contractor shall on
demand produce to the Engineer original receipts/vouchers/invoices in respect of
the materials brought to site by him. As far as practicable, the contractor shall
ensure the materials brought to site are in sealed containers/packings bearing
manufacturers marking. Nothing extra shall be payable on this account of maintain
proper records of the materials and its challans, test certificates, consumption etc.
to the satisfaction of the Engineer.

6.0 LABORATORY

The Contractor shall have to provide a field laboratory and/ or laboratories at his
own cost for carrying out all tests required, as per Specifications or as stated
elsewhere in the contract, including supply of laboratory equipment and also
provision of adequate number of qualified personnel, erection, maintenance and
running of laboratory including all consumable like chemicals and reagents etc.

7.0 TAXES AND DUTIES (Ref.: G.C.C. Clause ‘56.0’,’57.0’, ‘62.0’ ‘64.0’and sub-
clause no. 4.3, 4.4 and 4.5 of ‘Instructions To Tenderers’ )

7.1 The Contractor shall get registered with the concerned Goods and Services Tax
Department of the relevant state(s) of the project and submit a copy of the same
to the Employer/ Engineer. He shall be responsible for filing Goods and Services

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tax returns and assessments, as necessary as per prevalent Laws, Rules and
Regulations and shall also furnish necessary certificates to Employer/ Engineer
from time to time. (Refer clause 56.0 (v) of GCC).

7.2 Wherever certain exemptions/benefits are available on custom duty, the contractor
shall consider the same while quoting his rates. For instance, materials/ Plant and
Machinery etc. used for execution of the projects financed by International
organizations enjoy exemption from custom duty under Foreign Trade Policy as
deemed export on fulfilling the conditions as per Govt. notifications. Similarly, the
contractor shall ensure that whenever any benefits are available under any other
law, these shall be considered while quoting the rates.

7.3 The contractor shall ensure that whenever any benefits are available under GST
after the date of submission of the tender, these shall be passed on to the employer.

7.4 Royalty (GCC Clause No. 57)


Any Change to the existing rates of statutory taxes/ duties of the state / Central
Governments or levy of any new type of statutory taxes / duties or substitution of
existing taxes/ duties or change in the rate of royalty on minerals imposed by State
or Central Govt Authorities after the last date of submission of tender shall be borne
by Employer/Engineer. The increase or decrease in the liability on this account will
be dealt with accordingly. Increase in liability shall be reimbursed as per actual on
submission of computation of increased liability statement with documentary
evidences in the form of challans / returns of the Contractors/ suppliers to the
satisfaction of Employer/Engineer. Similarly, in case of reduction of taxes/ duties by
either the Central / state Governments / local bodies due to change in the rate of
taxes / duties or due to introduction of new tax or substitution of existing tax / change
in the rate of royalty on minerals imposed by State or Central Govt Authorities the
benefits of reduction in liability shall be passed on to Employer/Engineer
immediately commencing from the first periodical return falls due. Computation of
decrease in liability shall be submitted by the contractors/ suppliers / service
providers, examined and agreed by Employer/Engineer. All the changes in rules
and consequent payments should be supported by documentary evidences. In case
the contractor fails to intimate and does not pass on the benefit to Employer, he
may be liable to a penal interest for the period for which benefit has not been passed
on at the rate of SBIMCLR+3%. In addition to this penalty equal to 10% of amount
of benefit shall also be levied in case benefit fallen due has not been intimated to
Employer.

Note: Besides the above, conditions cited at clause no 56 of GCC is also integral
part of the tender document. The agency must ensure timely deposition of GST as
per the rules so that the same must be reflected on GSTR 2A/2 of IRCON.

7.5 QUOTING OF RATES

7.5.1 This tender is invited on percentage rate basis. The rates are to be quoted as per
the instructions in ‘Bill of Quantities ‘and contained in the tender documents.

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7.5.2 The quoted rates shall be deemed to include all the cost towards the scope of work
of contractor as detailed in the tender documents including cost of all materials,
labour, plant and machinery, supervision, royalty, overhead, profit, insurances
including transit insurance, replacement/ correction of defective works, incidentals
etc. and all the taxes and duties etc complete. Nothing extra over the accepted
rates will be payable unless noted expressly otherwise in the tender documents.

8.0 PRICE ADJUSTMENT FOR CIVIL & COMPOSITE WORKS (Ref.: G.C.C.
Clause ‘57.0’)

8.1 Price adjustment shall be applicable for tenders of value more than `2.00 Crore.

8.2 The price adjustment, if any, as admissible in terms of the above clauses, shall
be made for increase or decrease in rates and prices of labour, materials, Plant,
Machinery and Spares, fuels and lubricants, Bitumen, Cement, Steel and other
materials in accordance with the following principles and procedures as per
formula given below. The amount certified in each payment certificate shall be
adjusted by applying the respective price adjustment factor to the payment
amounts.

The percentages of various components other than star items as given in


Appendix to tender shall govern for working out the price adjustment:

i) Labour component (L)


ii) Materials component (M)
(Other than Bitumen, Cement, Steel – Reinforcement Steel, Structural Steel, HTS
wires)
iii) Plant, Machinery and Spares Component (P)
iv) POL (Fuel and Lubricants) Component (F)
v) Cement Component (C)
vi) Reinforcement Steel (SR)
vii) Structural Steel (Ss)

Star Items: As specified in the Appendix To Tender

The weightage of above components shall vary depending upon the nature of the
tender.

The price adjustment in various components shall be worked out, on monthly basis,
as under:

8.2.1 Adjustment for Labour Component:

Price adjustment for increase or decrease in the cost due to labour shall be
paid in accordance with the following formula:

VL = 0.85 x L/100 x RG x (LI – Lo)/Lo, where

VL = Increase or decrease in the cost of work during the month under


consideration due to changes in rates for labour.

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L= Percentage of labour component of the work.

RG = Total value of work done excluding GST during the month excluding
the cost of star items. It would include the value of the materials on
which secured advance has been paid, if any, during the month, less
the value of the materials in respect of which the secured advance
has been recovered, if any, during the month. This will exclude cost
of works on items for which rates were fixed under sub-clause 59.3
of General Conditions of Contract. (If applicability of PVC and
separate Base month for items for which rates were fixed under sub-
clause 59.3 of GCC has been agreed at the time of fixing of rates of
such items then separate price variation shall be calculated for the
value of work done (excluding GST) against these items.)

Lo = The Consumer Price Index for industrial workers - All India, published
in Reserve Bank of India Bulletin for the base month.

LI = The Consumer Price Index for industrial workers - All India published
in Reserve Bank of India Bulletin for the month one month prior to
the period of payment under consideration.

8.2.2 Adjustment for Materials (Other than Bitumen, Cement, Steel – Reinforcement
Steel, Structural Steel, HTS wires) Component:

Price adjustment for increase or decrease in the cost due to Materials shall be paid
in accordance with the following formula:

VM = 0.85 x M/100 x RG x (MI – Mo)/Mo, where

VM = Increase or decrease in the cost of work during the month under


consideration due to changes in rates for Materials.

M= Percentage of Materials component of the work.

RG = Total value of work done excluding GST during the month


excluding the cost of star items. It would include the value of the
materials on which secured advance has been paid, if any, during
the month, less the value of the materials in respect of which the
secured advance has been recovered, if any, during the month.
This will exclude cost of works on items for which rates were fixed
under sub-clause 59.3 of General Conditions of Contract. (If
applicability of PVC and separate Base month for items for which
rates were fixed under sub-clause 59.3 of GCC has been agreed
at the time of fixing of rates of such items then separate price
variation shall be calculated for the value of work done (excluding
GST) against these items.)

Mo = Wholesale price index in India (Average) - All Commodities


published in Reserve Bank of India Bulletin for the base month.

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MI = Wholesale price index in India (Average) - All Commodities


published in Reserve Bank of India Bulletin for the month one
month prior to the period of payment under consideration.

8.2.3 Adjustment for Plant, Machinery and Spares Component:

Price adjustment for increase or decrease in the cost due to Plant, Machinery and
Spares shall be paid in accordance with the following formula:

VP = 0.85 x P/100 x RG x (PI – Po)/Po, where

VP = Increase or decrease in the cost of work during the month


under consideration due to changes in rates for Plant,
Machinery and Spares.

P= Percentage of Plant, Machinery and Spares component of


the work.

RG = Total value of work done excluding GST during the month


excluding the cost of star items. It would include the value of
the materials on which secured advance has been paid, if
any, during the month, less the value of the materials in
respect of which the secured advance has been recovered,
if any, during the month. This will exclude cost of works on
items for which rates were fixed under sub-clause 59.3 of
General Conditions of Contract. (If applicability of PVC and
separate Base month for items for which rates were fixed
under sub-clause 59.3 of GCC has been agreed at the time
of fixing of rates of such items then separate price variation
shall be calculated for the value of work done (excluding
GST) against these items.)

Po = Index Number of Wholesale prices in India by Groups and


Sub Groups (Averages) for ‘Manufacture of machinery for
mining, quarrying and construction’ - published in Reserve
Bank of India Bulletin for the base month.

PI =Index Number of Wholesale prices in India by Groups and


Sub Groups (Averages) for ‘Manufacture of machinery for
mining, quarrying and construction’ - published in Reserve
Bank of India Bulletin for the month one month prior to the
period of payment under consideration.
8.2.4 Adjustment for POL component:

Price adjustment for increase or decrease in the cost due to POL shall be paid in
accordance with the following formula:

VF = 0.85 x F/100 x RG x (FI – Fo)/Fo, where

VF = Increase or decrease in the cost of work during the month


under consideration due to changes in rates for POL.

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F= Percentage of POL component of the work.

RG = Total value of work done excluding GST during the month


excluding the cost of star items. It would include the value
of the materials on which secured advance has been paid,
if any, during the month, less the value of the materials in
respect of which the secured advance has been recovered,
if any, during the month. This will exclude cost of works on
items for which rates were fixed under sub-clause 59.3 of
General Conditions of Contract. (If applicability of PVC and
separate Base month for items for which rates were fixed
under sub-clause 59.3 of GCC has been agreed at the time
of fixing of rates of such items then separate price variation
shall be calculated for the value of work done (excluding
GST) against these items.)

Fo= Wholesale price index in India (Average) for Fuel, Power,


Light and Lubricants published in Reserve Bank of India
Bulletin for the base month.

FI = Wholesale price index in India (Average) for Fuel, Power,


Light and Lubricants published in Reserve Bank of India
Bulletin for the month one month prior to the period of
payment under consideration.

8.2.7 Base month shall be considered as one month prior to the due date of
submission of the tender.

8.3 Price adjustment during extended period of Contract:

The price adjustment as provided hereinabove shall be applicable upto the


stipulated date of completion of work including the extended period of completion,
for the reason not attributable to the contractor.

However, in case extension of time is granted to the contractor for the reasons
attributable to the contractor, the price adjustment for the said period of
extension shall be done as below:

8.3 (a) In case the indices increase above the indices applicable to the last month of
original completion period or the extended period not attributable to the
contractor's account, as the case may be, the price adjustment shall be limited
to the amount payable as per the Indices applicable to the last month of the
original completion period or the extended period not attributable to the
contractor's account, as the case may be.

8.3 (b) In case the indices fall below the indices applicable to the last month of original
completion period or the extended period not attributable to the contractor's
account, as the case may be, then the lower Indices shall be adopted for the
price adjustment for the period of extension granted to the contractor for the
reasons attributable to the contractor.

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9.0 COMPLETION PERIOD


The work is required to be completed within a period as specified in the Key
Information Table in Para 1.1 of e-Procurement Notice from the date of issue of
letter of acceptance. The work shall be completed in phased manner if specified
in the Key Information Table in Para 1.1 of e-Procurement Notice.

The work has to be executed in co-ordination with other agencies working on or


near the project.

In case of any delay in the completion period, the extension of the same shall be
dealt as per the clause 49.0 of General Conditions of the contract.

It shall be obligatory for the tenderer to submit his programme of work and time
schedule, in such a form as to facilitate monitoring of the work using the modern
networking techniques, as to how he proposes to complete the work within the
stipulated date.

10.0 Defect Liability Period


The Contractor shall maintain, rectify and make good at his own cost any defect/
deficiencies, which may develop in the work or as notified by the Engineer during
Defect Liability Period as specified in the Key Information Table in Para 1.1 of e-
Procurement Notice. However, maintenance during Defect Liability Period shall
not include day to day upkeep, cleaning, custody and security of the work.

11.0 Insurance (Ref.: G.C.C. Clause ‘9.0’):

Before commencement of works, it shall be obligatory for the contractor to


obtain, at his own cost, insurance cover in the joint name of the following
parties:
1. Chhattisgarh East West Railway Limited
2. The President of India represented by Chief Traffic Planning Manager, South
East Central Railway.
3. SBI CAP Security Trustee Company Ltd. (acting as security Trustee)
4. State Bank of India, Punjab National Bank, Indian Bank, Bank of Baroda, Union
Bank of India, Canara Bank.
5. Ircon International Limited
6. The Contractor to whom this work is awarded from reputed companies for the
following requirements:
a) Contractor’s All Risk (CAR) Policy,
b) Liability for death of or injury to any person or loss of or damage to any property
(other than the work) arising out the performance of the Contract.
c) Construction Plant, Machinery and Equipment brought to site by the Contractor. d)
Any other insurance cover as may be required by the law of the land.

12.0 Performance Security and Retention Money

12.1 Performance Security:

i) The successful bidder shall submit a Performance Security (PS) in the form of a

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Performance Guarantee (PG).

The Performance Guarantee shall be in the form of irrevocable Bank Guarantee


(BG) on the proforma annexed as Annexure-II of GCC from any Scheduled Bank
for an amount of 3% (Three percent) of the contract value.

Other terms and conditions will remain same as per clause 8.1 of General
Conditions of Contract.

12.2 Retention Money:

Refer Clause no. 8.2 of General Conditions of Contract.

12.3 Release of Performance Security:

Refer Clause no. 8.4 of General Conditions of Contract

13.0 VITIATION OF CONTRACT

The contract shall not be vitiated by any inadvertent error of any kind in the
surveys, information, specification drawing or schedule of quantities. The aspect
of vitiation of tender with respect to variation in quantities should be checked and
avoided. In the event of Vitiation occurring due to increase or decrease in
quantities among the 1st, 2nd & 3rd lowest valid tenderers, the vitiation shall be
on contractor’s account. The total value of the work done shall be calculated at the
rate offered by the three lowest valid tenderers (L1, L2 & L3) and the amount
payable shall be limited to lowest aggregate value as worked out amongst the
three. The clause will be applicable to the Agreement as a whole, for variations in
quantities in all contract schedules except new /additional items if any.

14.0 GENERAL OBLIGATIONS OF THE CONTRACTOR

As per Clause no. 12 of General Conditions of Contract.

15.1 Updation of Labour data on Indian Railways shramik kalyan portal by


Contractor

15.2 Contractor shall abide by the provisions of Payment of Wages Act & Minimum
Wages Act in terms of clause no. 40.0 : “Wages of Labour” of IRCON’s General
Condition of Contract. In order to ensure the same, an application has been
developed and hosted on website ‘www.shramikkalyan.indianrailways.gov.in’.
Contractor shall register his firm/ company etc. and upload requisite details of
labour and their payment in this portal. These details shall be available in public
domain. The Registration/ updation of Portal shall be done as under:

a) Contractor shall apply for onetime registration of his company/ firm etc. in the
Shramikkalyan portal with requisite details subsequent to issue of Letter of
Acceptance. Engineer shall approve the contractor’s registration on the portal
within 7 days of receipt of such request.

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b) Contractor once approved by the Engineer, can create password with login ID
(PAN No.) for subsequent use of portal for all LOAs issued in his favour.

c) The contractor once registered on the portal, shall provide details of his Letter of
Acceptances (LOA) / Contract Agreements on shramik kalyan portal within 15
days of issue of the LOA for approval of the concerned Engineer. Engineer shall
update (if required) and approve the details of LOA filled by contractor within 7
days of receipt of such request.

d) After approval of LOA by the Engineer, Contractor shall fill the salient details of
contract labours engaged in the contract and ensure updating of each wage
payment to them on shramik kalyan portal on monthly basis.

e) It shall be mandatory upon the contractor to ensure correct and prompt uploading
of all salient details of engaged contractual labour and payments made thereof
after each wage period.

15.3 While processing payment of any ‘On Account bill’ or ‘Final bill’ or release of
‘Advances’ or ‘Performance Guarantee / Security Deposit’, contractor shall submit
a certificate to the Engineer or Engineer’s representatives that “I have uploaded
the correct details of contract labours engaged in connection with this contract and
payments made to them during the wage period in Railway’s Shramik kalyan portal
at ‘www.shramikkalyan.indianrailways.gov.in’ till ____Month, ____Year.”

16.0 LAWS GOVERNING THE CONTRACT & JURISDICTION OF COURTS;

The Contract shall be governed by the laws in force in India and Jurisdiction of
courts shall be New Delhi only, in exclusion of other courts.

17.0 DEPLOYMENT OF ENGINEERS

17.1 The Contractor shall provide and keep on the works, during the execution of the
works, efficient and competent Engineers to ensure that the work is executed
strictly as per provisions of the Contract. It shall be the obligation on the part of
the Contractor to provide the following minimum Engineering staff at site:

Sl. Numbers
Position/Qualification
No. required
Project Manager – Graduate/ Diploma Engineer having 1 No.
1
minimum experience of 10/15 years in P way works

Engineer (Quantity Survey, Quality Control, Environment & 2 No.


2
Safety) – Graduate / Diploma Engineer with Minimum of
3/5 years relevant Experience in P way works

In addition to the above, requisite number of staffs for testing and other supervisory

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staff shall be deployed by the Contractor. Contractor should deploy one survey
team with requisite equipments for planning, marking layout and checking
alignment, levels etc during construction.

The technical staff shall be got approved in writing from the Engineer (whose
approval may be withdrawn any time by the Engineer) for supervision of works
and to receive direction from the Engineer for the work on behalf of the contractor.
The supervisory staff of the contractor will not be changed without approval of the
Engineer.

17.1.1 In case, the Contractor fails to deploy sufficient Engineers as described above, the
Engineer/ Employer shall be entitled to recover the following amounts from the
dues of the Contractor:

1 Non-Deployment of Project Rs. 75,000/- per month


Manager. per person or part
thereof
2 Non-Deployment of Engineer (Planning, Rs. 50,000/- per month
Quantity, Survey, Quality Control) per person or part
thereof

The decision of the Engineer as to the period for which the required technical staff
was not employed by the contractor and as to reasonableness of the amount to
be deducted on this account shall be final and binding on the contractor.

17.1.2 The details of skilled manpower/workers trade wise i.e. skilled, semiskilled workers,
labour, arrangement for boarding/lodging along with details of permanent staff
shall be submitted by the contractor within 7 days after the award of work to him.
This shall be submitted along with the program of works.

17.1.3 Also, in case of failure of contractor to provide Project Manager/Engineers, IRCON


reserves the right to engage them of its own out of the penal amount recovered as
per above rate against specific category.

17.1.4 Contractor’s Representative:

When the Contractor is not in a position to be present, he shall keep responsible


representative at site or work place during all working hours, who shall, on
receiving a reasonable notice, present himself to the Engineer, Engineer's
Representative or their Assistants. The instructions and orders given to the
Contractor's representative shall be deemed to have the same force as if they
have been given to the Contractor. The Contractor should furnish the necessary
Power of Attorney in favour of his representative for the purpose of this clause. If
the Contractor fails to appoint a suitable authorized representative as directed by
the Engineer, the Engineer shall have full powers to suspend the execution of the
works until such time a suitable authorized representative is appointed and the
Contractor shall be held responsible for the delay so caused to the works.

Further failure on part of the Contractor to comply with this provision shall
constitute a breach of Contract and may lead to action as per contract conditions.

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17.2 Milestone achievement

In order to ensure progress during execution of the work, the contractor will be
expected to achieve the following milestone targets ahead of dates mentioned
against each. Failure to accomplish milestone targets within allocated time frame,
save for reasons accepted as valid by the Engineer-in-charge, shall create and
constitute ground for failure on the part of contractor for maintaining progress of
the work as per agreed programme sufficient enough to recover liquidated
damage @ Rs. 10,000.00 per day after the due date of each milestone, limited to
amount as per clause 49.8 of GCC:

Sr. Milestones % Financial Remarks


No. Progress to be
achieved
1st M+30 days (1 month) 10%
2nd M+60 days (2 months) 30%
rd
3 M+90 days (3 months) 50%
4th M+120 days (4 months) 60%
th
5 M+180 days (6 months) 80%
6th M+240 days (8 months) 100%

Note:
1. “M” is the Date of Imposition of milestones and will commence from date of
handing over of at least 25% land and drawings for construction to the contractor
but not earlier than 30 days after issue of LOA.
2. It is understood that progress in monsoon months between July to September will
be slightly less. No penal action will be taken if the progress is made up in the
following quarter i.e. October to December.

17.3 Inspection of work and Review of progress by Employer/ Owner

17.3.1 The Employer/Client or his representative may inspect and review the progress of
works and may issue appropriate directions to the Contractor’s Engineer or
representative for taking necessary action. The Employer/Client or his
representative may also test check the quality and quantity of the materials
brought to the site for incorporating in the permanent works and may also test
check the quantity, quality and workmanship of the Work executed in the presence
of the representatives of the Client and the Contractor. The Client/Client
representative shall have the right at any time, to inspect any part of the
Contractor's temporary facilities without advance notification and to require
immediate rectification of any contravention of the specified requirements.

17.3.2 The Contractor shall depute at least his Project Manager or authorized Senior
Site Representative to attend all periodic Progress Review Meetings notified by
the Client Representative/ Client/ Employer/ Engineer /Owner.

17.4 Security at Site:

Unless otherwise stated elsewhere in the tender document,

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a) The Contractor shall be responsible for keeping unauthorized persons off the Site,
and
b) Authorized persons shall be limited to the employees of the Contractor, employees
of IRCON and persons authorized by the IRCON or the CEWRLs Representative.

17.4.1 The Contractor shall have total responsibility for the safety and security of all Plant/
machinery, Equipment and Materials delivered to the Site, including goods which
are stored, loose, semi-assembled and/ or erected, from the time of delivery to the
Site until the date of taking over by the Employer, as certified by the Taking-Over
Certificate issued by the Employer’s Representative. The Contractor shall make
suitable security arrangements to ensure the protection of all Plant/ machinery,
Equipment and Materials from theft, fire, pilferage and any other damages or loss.
All Plant/ machinery, Equipment and Materials provided by the Contractor shall
enter and leave the Site only with the written authorization of the Employer’s
Representative in the prescribed manner.

17.4.2 The Contractor shall also have total responsibility for the safety and security of all
plant/ machinery, equipment and materials which are salvaged during his work for
rehabilitation, replacement, reconstruction and/ or upgrading existing facilities and/
or re-conductoring existing power lines from the time such plant/ machinery,
equipment and materials are removed from service until the Employer accepts
the said materials, as evidenced by written certification from the
Employer’s Representative.

18.0 Contract Agreement

The Contractor shall enter into and execute the Contract agreement in the form of
agreement as annexed with tender documents, within 28 days from the date of issue
of Letter of Acceptance. The stamp papers of the requisite value as per the
prevailing laws shall be provided by the Contractor at his own cost. Original
agreement shall be retained by the Employer/Engineer and a certified copy shall be
made available to the Contractor.

19.0 MEASUREMENTS OF WORK AND PAYMENTS

19.1 Measurements:
The contractor shall be paid for the works at rates in the accepted Bill of Quantity of
the contract and extra items of work at rates determined under relevant clauses of
contract documents. The measurement shall be taken by the Engineer or his
representative in the presence of the contractor or his authorized representative.

19.2 Measurement of work at regular intervals:


The measurements of the work shall be taken in accordance with the contract
during progress of work and at such intervals, as in the opinion of the Engineer or
Engineer’s Representative shall be proper, having regard to the progress of the
work. On an agreed date and time, the Engineer or his Representative shall take
the on account or final measurements in the presence of the Contractor or his
authorized representative. The Engineer or his authorized representative shall
sign the measurements, which shall also be signed by the Contractor or his
authorized representative as an acceptance of the measurements. If the
Contractor or his representative fails to turn-up at the time of taking measurements

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inspite of notice to do so, the Engineer or his representative shall be entitled to


record the measurements ex-party and these shall be final and binding on the
Contractor.

19.2.1 The payment will be made on submission of the proper documents (including RA
bill, measurement sheet, tax Invoice, royalty clearance certificate, Test Certificates
etc as required). Payment will be made only after certification by IRCON
representative/Engineer/Employer.

19.3 Measurement of works as per records and drawings

i. For the purpose of measuring such permanent works, as are to be measured by


records and drawings, the Contractor shall prepare records and drawings at
regular intervals and submit to the Engineer or Engineer’s representative for his
scrutiny.

ii. In case, there is a discrepancy in the measurements of work done and the
measurements as per drawings, measurements for the minimum of the two shall
only be accounted for, provided the executed work is acceptable to the Engineer.

iii The Engineer or the Engineer’s representative shall have the right to rectify any
incorrect measurements and delete/correct any measurements if it is found at a
later stage that the work is incomplete, defective and/or not conforming to the
specifications.

NOTES SPECIFIC TO EACH SCHEDULE OF BILL OF QUANTITIES.

19.4 Payment subject to receipt from the Client

i. Ircon International Limited is executing the work as per the requirement and at the
cost of the Client, M/s CEWRL as indicated in the Appendix to Tender.
ii. Payment to the contractor will be released after receipt of the billed amount from
the client M/s CEWRL. However, attempt will be made to release such payment
generally not later than 56 days after acceptance of the measurement submitted
by the contractor to the Engineer.

Iii. In case of delay in making payment to the Contractor beyond average 56 days,
the Engineer will suitably extend the target date of completion of the affected
activity. No other claim what so ever will be entertained on this account.

20.0 MODE OF PAYMENT AND TAX DEDUCTION AT SOURCE

As per Clause no. 64 of General Conditions of Contract.

21.0 QUANTITY VARIATION [Both for Items included in BOQ and Not included in BOQ
separately]

To be dealt as per clause no. 58 & 59 of General Conditions of Contract.

22.0 The provision of Construction and Demolition Waste Management Rule 2016 issued by
Ministry of Environment Forest and Climate Change dated 29.03.2016 and published in the

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Gazette of India, Part – II, Section -3, Sub-section (ii) are binding upon the Contractor.
Contractor shall implement these provisions at worksites, for which no extra payment will
be payable.”

23.0 Clause No 57.0 of GCC regarding Accepted Rate Applicable till the completion of
work shall be read as :

“The rates as per the accepted Bill of quantities, shall be firm and hold good till the
completion of works and no additional claim shall be admissible on account of fluctuations
in market rates, increase in fees unless specifically provided for in the contract”

24.0 Clause No 73 of GCC regarding Settlement of Dispute: “Not Applicable.”

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ANNEXURE-VIII
(Ref. Sub-clause 3.1 iii) of Special Conditions of Contract)

(to be executed on a non-judicial stamp paper of `100/- only)

BANK GUARANTEE FOR ADVANCE PAYMENT

To

IRCON INTERNATIONAL LIMITED,

[Acting through (Tender Inviting Authority) & Address] Designation & Address

_________________________________________ [name of Contract]

Gentlemen:

In accordance with the provisions of the Conditions of contract, Sub-Clause ____


(“Advance Payment”) of the above-mentioned contract,
____________________________________________________ [name and
address of the Contractor] (hereinafter called “the Contractor”) shall deposit with
____________________ [name of Employer] a bank guarantee to guarantee his
proper and faithful performance under the said Clause of the Contract in an
amount of ____________ [amount of Guarantee], ________________________
[amount in words].

We, the ____________________ [name of bank], as instructed by the Contractor,


agree unconditionally and irrevocably to guarantee as primary obligator and not
as Surety merely, the payment to IRCON INTERNATIONAL LIMITED on their first
demand without whatsoever right of objection on our part and without his first claim
to the Contractor, in the amount not exceeding ______________ [amount of
Guarantee], ______________________________ [amount in words].

We further agree that no change or addition to or other modification of the terms


of the Contract or of Works to be performed there under or of any of the Contract
documents which may be made between IRCON INTERNATIONAL LIMITED and
the Contractor, shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition, or modification.

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This guarantee shall remain valid and in full effect from the date of the advance
payment under the Contract upto ______ (until IRCON INTERNATIONAL
LIMITED receives/ recovers full repayment of advance along with interest accrued
thereon from the Contractor).

We, the ____________ Bank further agree that this guarantee shall be invokable
at our place of business at New Delhi/ NCR/ Project HQ (Indicate detail address
of branch with Code No.)*. The branch at New Delhi/ NCR/ Project HQ is being
advised accordingly.

This Bank Guarantee shall be operative only if it is accompanied by a separate


advice sent by _______________________ (Name of Issuing Bank, with address)
on ___________________________ (Name of Employer’s Bank, with address)
IFS Code ___________________ through Structured Financial Messaging
System (SFMS) and authenticated by the Employer’s Bank.

Yours truly,

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Bank:
Address:
Date:

*The Bank should indicate detailed address of New Delhi/ NCR/ Project HQ branch
along with its Code No.

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ANNEXURE-IX
(Ref. Sub-clause 9.1 c) of Instructions to Tenderers)

(to be executed on a non-judicial stamp paper of `100/- only)

BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

(Tender Notice No. and date)

Ref: (Bank Guarantee No. and Date)

To

IRCON INTERNATIONAL LIMITED,

[Acting through __________________(Tender Inviting Authority) Designation&


Address]

WHEREAS,_________________________________ [name of Bidder]


(hereinafter called “the Bidder”) intends to submit his bid dated ________ (date)
for_____[name of work] (hereinafter called “the Bid”).

AND WHEREAS it has been stipulated by you in the Bid Document that the Bidder
shall furnish you a Bank Guarantee by a scheduled bank for the sum specified
therein as Earnest Money Deposit as a precondition of submission of the Bid;

AND WHEREAS we have agreed to give the Bidder such a Bank Guarantee as
required;

NOW THEREFORE we hereby affirm that;

1. KNOW ALL PEOPLE by these presents that We _________________


[name of bank] of _____________(name of country) having our registered
office at ____________(hereinafter called “the Bank”) are bound unto
IRCON INTERNATIONAL LIMITED (hereinafter called “the Employer”) in
the sum of `_________* [amount of Guarantee],________ [amount in
words] for which payment well and truly to be made to IRCON
INTERNATIONAL LIMITED. The Bank binds itself, its successors and
assigns by these presents with the Common Seal of the Bank this _______
day of _____ 20__ and undertake and agree to pay unconditionally, without
any demur or protest, at once to the Employer up to the above amount upon
receipt of their first written demand, without IRCON INTERNATIONAL
LIMITED having to substantiate their demand.

2. We, the ____________________ [name of bank], and our local branch at


New Delhi (Indicate detail address of local New Delhi branch with Code

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No.), undertake to pay to IRCON INTERNATIONAL LIMITED up to the


above amount upon receipt of their first written demand, without IRCON
INTERNATIONAL LIMITED having to substantiate their demand,
PROVIDED THAT in their demand IRCON INTERNATIONAL LIMITED
will note that the amount claimed by them is due to them owing to the
occurrence of one or any of the conditions, provided in the Bid documents
as precondition for encashment of the Earnest Money Deposit , specifying
the occurred condition or conditions.
3. This guarantee will remain valid and in full effect upto and including the
date ____________ **. Any demand in respect of this Guarantee should
reach the Bank not later than the above date.
4. We, the ____________ Bank further agree that this guarantee shall be
invokable at our place of business at New Delhi/ NCR/ Project HQ
(Indicate detail address of branch with Code No.)***. The branch at New
Delhi/ NCR/ Project HQ is being advised accordingly.
5. This Bank Guarantee shall be operative only if it is accompanied by a
separate advice sent by _______________________ (Name of Issuing
Bank, with address) on ______________________ (Name of Employer’s
Bank, with address) IFS Code _________________ through Structured
Financial Messaging System (SFMS) and authenticated by the
Employer’s Bank.
DATE_______________ SIGNATURE OF THE BANK ____________________
SEAL ________________________

WITNESS _____________
[Signature, name and address]
_______________________________________________________________
*. The Bank should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as
mentioned in the Tender Notice named on top.
**. Date to be filled in keeping a margin of minimum 180 days after the last
date for submission of Bids as stated in the “Notice Inviting Tenders” or as
executed by IRCON INTERNATIONAL LIMITED (through corrigenda).
***. The Bank should indicate detailed address of New Delhi/ NCR/ Project HQ
branch along with its Code No.

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SECTION -VI

SAFETY, HEALTH AND ENVIRONMENT MANAGEMENT


SYSTEM (Sub-Contracts)
ATTACHMENT FOR CLAUSE 44.2 OF GCC
[Uploaded Separately]

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SECTION -VII

General Conditions of Contract


(GCC)

[Uploaded Separately]

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General Conditions of Contract (GCC)

1. Additional definitions mentioned in these tender documents elsewhere will


be followed for GCC Feb 2021 version dt 16.02.2021

2. In case of any ambiguity in any definition, the decision of IRCON regarding


the interpretation shall be final and binding.

3. Wherever there is conflict in any condition between General Conditions of


Contract (GCC) and Special conditions of Contract (SCC) mentioned in the
bid documents, the conditions mentioned the Special conditions of Contract
will prevail. However, Engineer’s decision in this connection shall be final
and binding.

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SECTION -VIII

TECHNICAL SPECIFICATIONS

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1. CODES OF PRACTICE AND SPECIFICATIONS:

1.1 The works under this contract will be strictly carried out as per the
specifications mentioned in this section of the tender. In case this
section of tender is silent about the specifications to be followed, for
any part of the work, the relevant specifications followed by the Indian
Railways/RDSO will be adopted. In case specifications cannot be
obtained for part of the work from the Indian Railways, relevant code
of BIS shall be followed. In case BIS code also does not furnish the
specification, the work will be executed as per the sound engineering
practices and as per the directives issued by the Engineer. It shall be
the responsibility of the contractor to adopt the latest version of the
technical specification with all correction slips issued by RDSO from
time to time. In all cases pertaining to any specifications, the decision
of the Engineer in-charge will be final and binding on the Contractor.

1.2 The abbreviations mentioned elsewhere for standard specifications


and code of practices shall be considered to have the following
meaning.

IS: Indian Standard of the Indian Standards Institution.

IRS: Indian Railway Standard Specifications and Code of


Practices

RDSO: Research, Designs and Standards Organizations (RDSO),


(Ministry of Railways).

Reference of standard specifications and codes

i. The works shall be carried out to the relevant codes of practice


and other specifications. Relevant specifications are as follows.

ii. Indian Railways Permanent Way Manual (IRPWM)

iii. Indian Railways Schedule of Dimensions 1676 mm gauge BG


(Revised 2004)

iv. Indian Railways Track Manual.

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v. Indian Railways Works Manual.

vi. RDSO specifications of Track ballast

vii. Indian Railways Engineering Codes.

viii. Other approved drawings and latest relevant IS, IRS, IRC,
RDSO and ISI etc. codes of practice required to complete the
work.

ix. The works shall be carried out as per the Standard


Specifications laid down for each item read with provisions
made in the above manuals and Codes.

x. The above list is indicative and the items in the Schedule of


Quantities governed by standard specification /code are to be
executed accordingly.

xi. Wherever a reference is made to any of the standard


specifications and code of practice it shall be taken as a
reference to the latest versions/revision of the same and shall
include all the ERRATA/corrections made in the same from time
to time.

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Particular Technical Specifications


PART-1 : Supply of Ballast

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Supply of Ballast

1.0 BALLAST SUPPLY:

1.0.1 Track ballast machine crushed, conforming to RDSO specifications of


Track ballast, IRSE GE1-June 2004, with up to date modifications& latest
correction slips no. 2 “specification of track ballast”, IRS:GE1-June 2004”
thereto, shall be applied and used on the work.

1.0.2 The Contractor shall supply track ballast conforming to RDSO’s


specifications for Track Ballast, June 2004 (with up to date amendments
correction slips no.) of approved quality for use on all lines and points &
crossings with 350mm cushion. The test reports for the ballast for quality
as required should be submitted before the ballast is brought to site.
Ballast should be supplied in stacks on levelled ground along the
proposed alignment as per directions of the Engineer in-charge.

1.0.3 The ballast should be PURE, i.e., it should not contain inorganic or organic
residues, and must be free from inferior or harmful substances.

1.0.4 Contamination of ballast with the ground soil etc. of stacking area should
be minimized by providing neat stacking areas with good drainage.

1.0.5 The contractor shall stack the ballast, normally over the entire length of
the section at specified locations duly certified by the Engineer-in-Charge
except at those certain locations which are found to be inaccessible for
certain reasons. The decision of Engineer-in-Charge at site will be final
and binding on the contractor for the locations which are inaccessible for
supply of ballast.

1.0.6 The ballast shall be supplied as per the requirement given by the
Engineer-in-Charge at site.

1.0.7 The Stone ballast shall be collected from outside Railway/Govt. Land.

1.0.8 The ballast shall be in conformity with “Specifications for Track Ballast”
issued by RDSO in June 2004 with latest correction slips “specification of
track ballast”, IRS:GE1 June 2004”.

However, the Railway administration may alter these conditions of technical


nature, which do not have bearing on rates.

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1.0.8 Safety of ballast against any theft or loss remains solely with the contractor
during the entire period of the contract agreement and the same has to be
made good by contractor. This responsibility of the contractor remains
even if the ballast stacks are measured and paid for, unless Engineer in-
charge/Consultant takes over measured ballast stacks from the contractor
with a clear taking over certificate.

1.1 DETAILED SPECIFICATIONS:

1.1.1 Basic Quality: Ballast should be hard durable and as far as possible
angular along edges/corners, free from weathered portions of parent rock,
organic impurities and inorganic residues.

1.1.2 Particle Shape: Ballast should be cubical in shape as far as possible.


Individual pieces should not be flaky and should have generally flat faces
with not more than two rounded/sub-rounded faces.

1.1.3 Mode of Manufacture: To ensure uniformity of supply, machine crushed


ballast should be preferred for broad gauge and metre gauge routes,
procurement of hand broken ballast shall be resorted to only with the prior
personal approval of the Engineer in- charge.

1.2 PHYSICAL PROPERTIES:

i) Ballast sample should satisfy the following physical properties in


accordance with IS: 2386 Pt IV-1963

- Aggregate Abrasion Value: 30% Max.


- Aggregate Impact Value: 20% Max.

ii) The “Water Absorption” tested as per IS2386 Part-III 1963 should not be
more than 1%. This test however, to be prescribed at the discretion of
Engineer in-charge.

1.3 SIZE AND GRADATION

1.3.1 Ballast should satisfy the following size and gradation

i) Retained on 65 mm sq. Mesh sieve: 5% Maximum.

ii) Retained on 40 mm sq. mesh sieve: 40% -60%for machine crushed


ballast.

iii) Retained on 20 mm sq. mesh sieve Not less than 98% for machine
crushed.

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1.3.2 Over-size ballast Tolerances:

i) Retention on 65 mm square mesh sieve: A maximum of 5% ballast


retained on 65 mm square mesh sieve shall be allowed without
deduction of in payment.

ii) In case ballast retained on 65 mm square mesh sieve exceeds 5%


but does not exceed 10%, payment at 5% reduction in contracted
rate shall be made for the full stack. Stackshaving more than 10%
retention of ballast on 65 mm square mesh sieve shall be rejected.

iii) In case ballast retained on 40 mm square mesh sieve (machine


crushed case only) exceeds 60% limit, payment at following reduced
rates shall be made for the full stack in addition to the reduction
worked out at (ii) above.

• 5% reduction in contracted rate shall be made if retention on 40 mm


Square mesh sieve is between 60% (excluding) and 65%
(including).

• 10% reduction in contracted rate shall be made if retention on 40


mm Square mesh sieve is between 65% (excluding) and 70%
(including).

• In case retention on 40 mm square mesh sieve exceeds 70%, the


ballast stack shall be rejected.

• In case of Hand broken ballast supply, 40 mm sieve analysis may be


carried out. The executive may however ensure that the ballast is
well graded between 65 mm and 20 mm.

1.3.3 Under-size ballast – Tolerances:

i) The ballast shall be treated as under-sized and shall be rejected if


its Retention on 40 mm Sq. mesh sieves is less than 40%.

ii) Retention on 20 mm Sq. mesh sieve is less than 98% (for machine
crushed ballast) or 95% (for Hand broken ballast).

1.3 METHOD OF SIEVE ANALYSIS

i) Sieve sizes mentioned in this specification are nominal sizes. The


following tolerances in the sizes of holes for 65, 40 and 20 mm
nominal sizes are permitted.

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• 65mm square mesh sieve plus minus (±) 1.5mm


• 40mm square mesh sieve plus minus (±) 1.5mm
• 20mm square mesh sieve plus minus (±) 1.0mm

Mesh sizes of the sieve should be checked before actual


measurement. The screen for sieving the ballast shall be of square
mesh and shall not be less than 100cm in length, 70cm in breadth
and 10cm in height on sides

ii) When carrying out sieve analysis, the screen shall not be kept
inclined, but held horizontally, and shaken vigorously. The pieces of
ballast retained on the screen can be turned with hand to see if they
pass through but should not be pushed through the sieves.

iii) The percentage of ballast passing through or retained on the sieve


shall be determined by weight

1.5 SAMPLING AND TESTING OF BALLAST:

1.5.1 A minimum of 3 samples of ballast for sieve analysis shall be taken


for measurement done on any particular date even if the numbers
of stacks to be measured are less than three.

1.5.2 The test viz. determination of Abrasion value, Impact value and
water absorption value should be got done through the approved
laboratories/Govt. Institutions.

1.5.3 In order to ensure supply of uniform quality of ballast, the following


norms shall be followed in respect of sampling, testing and
acceptance.

1.5.4 On supply of first 100 cum. the test for size, Gradation, Abrasion
value, Impact value and water absorption value (as prescribed)
shall be carried out. Further supply shall be accepted only after this
ballast satisfies the specification for these tests. IRCON reserves
the right to terminate the contract at this stage itself in case the
ballast supply fails to conform with any of these specifications.

1.5.5 All Costs towards the laboratory test should be borne by the
contractor.

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1.5.6 Subsequent tests shall be carried out as follows

Sr. Supply in stacks


No
For each stack of For each stack of
volume less than volume more than
100 cum 100 cum.
Size and gradation tests. – One for each One for each stack. *
(a) stack. 0.027 cum. for every
No. of Tests – 100 cum or part
* 0.027 cum thereof.
Size of one sample
Abrasion Value, Impact Value One for every 2000 cum.
(b) and water Absorption test @
Testing Frequency

* This sample should be collected using a box of internal dimension 0.3m x


0.3mx 0.3m from different parts of the stack.

1.5.7 These tests shall be done for the purpose of maintaining quality during
supply. In case of the test results not being as per the prescribed
specifications at any stage, further supplies shall be suspended till
suitable corrective action is taken and supplies ensured as per the
specifications.

1.5.8 The above tests may be carried out more frequently if warranted at the
discretion of Engineer-incharge/Consultant/Employer.

1.5.9 In the event of the ballast being rejected the Contractor will have to
remove the rejected ballast from the work-site expeditiously at his own
cost

1.5.10 The Engineer/Employer shall mark all rejected ballast in any manner he
considers fit to prevent them from being removed and mixed with
good/accepted ballast and the Contractor shall within a fortnight from the
date of the order of removal, remove the rejected ballast to such place as
may be directed by the Engineer in-charge and, in the event of contractor’s
failure to do so the Engineer/Employer may cause it to be removed and
all costs of such removal shall be debit able to Contractor and without
prejudice to any other mode of recovery, may be deducted from any
money, that may be due or may become due to the contractor or from the
Contractor’s bill for any other works executed for IRCON.

1.5.11 The screen for sieve analysis as specified in specification as also the
standard box for measuring volume should be kept available at site by the
contractor at his own cost, for use by the Engineer in-charge or his
representative after proper check, in carrying out sieve analysis. Labours

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required for doing sieve analysis will be supplied by the contractor free of
cost. The contractor must also accept the results of such analysis in
writing.

1.6 Each stack of ballast shall be serially numbered and may be as long and
broad as possible. After the stacks are measured, they should be
sprinkled with lime in the form of cross on all the sides of the stack at the
contractors own cost to the satisfaction of the Engineer-in-
Charge/Consultant Suitable space should be left in between stacks in
adjacent zones so that there is no possibility of materials of fresh stacks
in one zone mixing with stacks already measured in the adjacent zone.

1.7 Entries in the ballast measurement register should not be over written. If
any correction is required the same should be done by striking off the old
entry by drawing a line and showing proper entry by its side.

1.8 Ballast is to be stacked proper trapezoidal section on the cess or berms,


or on the line or in depots as may be ordered by the Engineer concerned,
in stacks as large as possible and ordinarily not less than 1.0 metre in
height. Top width of the tack shall not be less than 1.0 metre. Top of stack
shall be kept parallel to the ground plane. The side slopes of stack should
not be flatter than 1.5: 1 (Horizontal: Vertical). Cubical content of each
stack shall normally be not less than 30 (thirty) cum in plain areas. The
Engineer should, as far as possible, set out the sites for ballast stacks.
Stacking ground must be fairly dressed to a proper plane by the contractor
at his own cost before stacking is started. Completed stacks must be
properly finished before being offered for acceptance and measurement.
It must be distinctly understood that the accepted rate is for ballast which
conforms in all particulars of quality, stack measurements, gauge,
completion within time limit and delivery at site fixed upon, with the
specification and conditions of contract. If, therefore, the officer deputed
to measure up a Contractor’s ballast is not satisfied that the above
conditions and specifications have been complied with, he is at liberty to
take either of the following courses.

(i) To refuse to measure up such ballast at all giving Engineers reasons in


writing for so doing to the Contractor.

(ii) To call upon the contractor in writing to screen his ballast of dirt and
admixtures beyond the specified limit or to break it to gauge, or to re-
stack it to proper dimensions, or all three as may be required, prior to
further inspection and measurement by a fixed date, within the time limit
imposed in the agreement.

1.8.1 The contractor shall provide at his own cost adequate labour and tools
for opening out stacks for inspection and for carrying out screening test.

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1.8.2 The contractor shall supply all necessary tools for the work and also
bamboos, pegs, strings etc. necessary for measurement of ballast.

1.9 METHOD OF MEASURMENT

1.9.1 Stack measurement

1.9.2 Staking shall be done on a neat, plain and firm ground with good drainage.
The height of stack shall not be less than 1m except in hilly areas where
it may be 0.5m. The height shall not be more than 2.0m. Top width of stack
shall not be less than 1.0m. Top of stack shall be kept parallel to the
ground plane. The side slopes of stack should not be flatter than 1:5:1
(Horizontal: Vertical). Cubical content of each stack shall normally be not
less than 30cum in plain areas.

1.9.3 The quantity shall be calculated as per the following formula for the
ballast supplied.

Q = ((LB+LT)/2) X ((WB+WT)/2)X H
When,
LB = Average length of the stack at the bottom.

LT = Average length of the stack at the top

WB = Average width of the stack at the bottom

WT = Average width of the stack at the top

H = Average height of the stack.

The plan of the stack should be either square or rectangular.

1.9.4 Payment:

1.9.4.1 Payment shall be made for the gross measurement in stacks without any
deduction for shrinkage/voids. Payment will be paid in R.A. bills prepared
against supply of ballast duly certified by Engineer in-Charge/Employer
/Consultant supported with measurement details; all test certificates (at
Production & dumping site), royalties and all other necessary statutory
taxes clearance certificates.

All payments will be released by way of RTGS from Ircon’s office at


Bilaspur. The supplier shall submit his Bill with Ircon Engineer certified
measurement &invoices with supporting documents to Ircon’s office at
Bilaspur for its payment.

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Tender for Ballast Supply from Gevra Road to Pendra Road

1.9.4.2 The accepted rates will be entirely inclusive so as to cover any purchase
and/or royalties and/or compensation for surface charges incurred by him
whatsoever. The accepted rate includes all quarry charges, Tax,
monopoly fee and other charges if any and tools and plants for clearing
site for stacking, test and testing screens, carriage of materials to the site
of stacking and removal of any material rejected by the Engineer in-
charge.

1.9.4.3 The rates quoted are inclusive of all charges including all taxes levied by
Union of India or State Government or local bodies and include Sales Tax,
Royalty, duties etc.

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Tender for Ballast Supply from Gevra Road to Pendra Road

SECTION -IX

CERTIFICATE OF FAMILIARISATION &


UNDERTAKING

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Tender for Ballast Supply from Gevra Road to Pendra Road

CERTIFICATE OF FAMILIARISATION

A. I/We hereby solemnly declare that I/We have visited the site/place of work
and have familiarized myself/ourselves of the working conditions there in
all respects and in particular, the following:

a) Topography of the Area.


b) Soil conditions at the site of work.
c) Sources & availability of Construction material.
d) Borrow areas of earth.
e) Rates for construction materials.
f) Availability of local labour, both skilled and unskilled and the
prevailing labour rates.
g) Availability of water & electricity.
h) The existing roads and access to the site of work.
i) Availability of space for putting labour camps. Offices, stores,
godown, sheds engineering yards etc.
j) Climatic condition and availability of working days.
k) Prevailing all taxes, duties etc.

B. I/We have kept myself/ourselves fully informed of the provisions of this bid
document comprising Instructions to the Tenderers, General Conditions of
the Contract, Special Conditions of Contracts and Special Technical
Specifications/ Conditions of contract apart from information conveyed to
me/us through various other provisions in this bid document.

C. I/We have quoted my / our rates as ‘Percentage above / below / at par “


and quoted against blank items by rates in figure and words, with total cost
as per Schedule of Items Rates and Bill of Quantities (BOQ), in FINANCIAL
BID taking into account all the factors given above.

(Signature of Bidder/s)

Date: ________________

Place: ________________

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Tender for Ballast Supply from Gevra Road to Pendra Road

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Tender for Ballast Supply from Gevra Road to Pendra Road

UNDERTAKING

I/We hereby give an undertaking that the supply of Ballast will confirm to the Indian
Railway/RDSO specification/drawings (to the latest amendment).

Signature of Tenderer/s: -

Date: -

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Tender for Ballast Supply from Gevra Road to Pendra Road

Section – XI

FINANCIAL BID

(Uploaded in Excel Sheet for Quoting Rate Online


Only)

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Tender for Ballast Supply from Gevra Road to Pendra Road

GENERAL NOTES ON THE BILL OF QUANTITIES (BOQ / SCHEDULES)


This clause shall be read in conjunction with the clause for the measurements
given in Bill of Quantities.

1. The Bill of Quantities shall be read in conjunction with the Instructions to


Tenderers, Conditions of Contract, General Conditions, Special Conditions of
Contract, Works Requirement (Technical Specifications, and Drawings) and
other documents forming part of the bid documents.

2. The rates entered in the accepted Bill of Quantities (BOQ)of the Contract are
intended to provide for works duly and properly completed in accordance with
the general and special (if any) conditions of the contract and the specifications
and drawing together with such enlargements, extensions, diminutions,
reductions, alterations or additions as may be ordered in terms of these
conditions and without prejudice to the generality thereof and shall be deemed
to include and cover superintendence and labour, supply, including full freight, of
materials, stores, patterns , profiles, moulds, fittings, centering, scaffolding,
shoring props, timber, machinery, barracks, tackle, roads, pegs, posts, tools and
all apparatus and plant required on the works, the erection, maintenance and
removal of all temporary works, all watching, lighting, bailing, pumping and
draining, all prevention of or compensation for trespass, all barriers and
arrangements for the safety to the public or of employees during the execution of
works, all sanitary and medical arrangements for labour camps as may be
prescribed by the employer/engineer, the setting of all work and of the
construction, repair and upkeep of all centre lines, benchmarks and level pegs
thereon, site clearance, all fees, duties, royalties, rent and compensation to
owners for surface damage or taxes and impositions payable to local authorities
in respect of land, structures and all material supplied for the work or other duties
or expenses for which the contractor may become liable or may be put to under
any provision of law for the purpose of or in connection with the execution of the
contract, and all such other incidental charges or contingencies as may have
been specially provided for in the specifications.

3. The rates to be quoted online (in excel sheet as ‘Financial Bid’) shall be for the
complete scope of work as described in the tender document. Any item of work
included in the scope of work may not be exclusively described in Bill of
Quantities. The rates to be quoted in the “Financial Bid” shall also take care of
all such items of work. No additional amount except for the accepted rates in the
Bill of Quantities shall be payable for completing the total scope of work.

4. The rates and prices in the priced Bill of Quantities shall, except as otherwise
provided under the Contract, include all construction equipment, plant, labour,
supervision, materials, erection, maintenance, insurance, profit, royalty, octroi,
taxes and duties, together with all general risks, liabilities and obligations set out
or implied in the Contract.

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Tender for Ballast Supply from Gevra Road to Pendra Road

5. General directions and descriptions of items are not necessarily repeated nor
summarized in the Bill of Quantities. References to the relevant sections of the
Contract document shall be made before quoting rates in the ‘Financial Bid’.

6. The quantities given in the Bill of Quantities are estimated and provisional, and
are given to provide a common basis for bidding. The basis of payment will be
the actual quantities of work ordered and carried out, as measured by the
Contractor and verified by the Engineer and valued at the rates and prices
tendered in the priced Bill of Quantities, where applicable, and otherwise at
such rates and prices as the Engineer may fix within the terms of the Contract.

7. Rates shall be entered by the bidders in figures in e-bid online format only. The
system will further convert into words.

8. The rates & amount shall be quoted entirely in Indian Rupees (INR) only.

9. If bidders omit any of the Schedules / Items, the tender shall be summarily
rejected.

10. In case of any dispute with reference to above paras, decision of IRCON shall
be binding to the Contractor/Supplier.

11. This Summary of Quantities/ Bill form and BOQ in PDF are here only for
viewing for bidders.

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Tender for Ballast Supply from Gevra Road to Pendra Road

SECTION - XI

BILL OF QUANTITIES

(BOQ)

(For reference Only)

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Tender for Ballast Supply from Gevra Road to Pendra Road

NOTE: This Annexure IV(AA) is to be attached only with Financial Bid.

Name of Work :…………………………………………………………………..

ANNEXURE IV(AA)
PROFORMA FOR STATEMENT OF MINOR DEVIATIONS
(Refer Clause 6. and 7. of ITT)

Name of tenderer/firm:

The following are the particulars of minor deviations from the requirements of the
Tender Document:
Sr. Price adjustment for each
Clause Deviations
No deviation/s

Note:
1. The Tenderer shall indicate price adjustment against each deviation in Annexure
IV(AA) of BOQ. This price is the price which the tenderer shall reduce from this tender
price if deviation(s) is/are accepted by the Employer.

2. Where there is no deviation, please indicate ‘No Deviations’. In case, Performa of


deviations is left as blank, it will be construed that the tenderer has not proposed any
deviations from tender documents.

3. If the tenderer proposes deviations in tender documents, and/or any other terms and
conditions of the tender, other than in this Annexure, it will have no effect.

4. All deviations have been listed and priced in the financial proposal and deviations not
priced will be treated as null and void and stand withdrawn.

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Tender for Ballast Supply from Gevra Road to Pendra Road

Estimate Summary

Name of work: Supplying and stacking 2,00,000 cum of machine crushed stone
Ballast in yard of 50 mm size(65 mm to 20 mm well graded ) for railway track as
per relevant RDSO specifications between Gevra (km 0) to Pendra road (135.3 Km)
& Urga to Kusmunda (Km 11.516) in connection with the construction of New BG
Electrified Double Railway Line for Chhattisgarh East West Rail Corridor in the
state of Chhattisgarh over South East Central Railway.

Sr. Total Amount


Schedule Description
No. ₹

1 Schedule-A Supplying and Stacking of Ballast 37,99,84,000.00


Total Basic amount 37,99,84,000.00
GST @ 5% 1,89,99,200.00
Total Estimated cost 39,89,83,200.00

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Tender for Ballast Supply from Gevra Road to Pendra Road

BILL OF QUANTITIES:

Sr. BOQ Basic Basic Amount


Item Description Unit
No. Quantity Rate (Rs.)

Schedule (A) :Supply Of Ballast


Supplying and stacking of machine
crushed clean, hard, angular and durable
Stone Track Ballast 50 mm size ( 65 mm
to 20 mm well graded ) confirming to
latest RDSO Track Ballast specification
(2004) & with latest
corrections/amendments etc. Stacking of
ballast to be done along the alignment at
or near toe of the embankment, or in
cutting ,top of embankment or cutting or
any suitable designated places as
advised/Directed by Engineer-in charge.
The rate includes supply, levelling the
stacking area/space,supply the ballast,
labour, tools, all types of transportation,
unloading, stacking, leads, lifts, handling,
rehandling, ascends, descends, crossing
1 Cum 200000.00 1,899.92 37,99,84,000.00
of tracks and ant other obstructions etc.,
sieve analysis, charges for testing the
quality of ballast at the reputed labs, all
taxes, royalty, cess and shrinkages etc.
No deduction will be made on stack
measurement for shrinkage as specified
in technical specification. The contractor
will make ground level to enable levels
being taken by the Engineer-in - charge
at site prior to stacking.
Note-
1) Ballast shall be supplied and
stacked in the yard depot or along the
formation for which necessary land
shall be arranged by Agency itself.
Nothing extra shall be paid on this
account.
Total of Schedule (A) 37,99,84,000.00

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