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SIMILAR NATURE WORKS FOR ELIGIBILITY REQUIREMENTS (A). List of similar works for Open line/ Construction is given below for the purpose of ascertaining similar works for incorporating in the tender documents: (Ref- PCE;s Circular No.1/2006, vide L. No:- W/HQ/101/CE�s Circular/45, Dt: 06.01.2006)
Note: �The above list is for general guidance only. Any additional criteria required to be added in particular tender, may be included with the approval of DRM/HOD in charge of the work. (B). THE LIST OF SIMILAR NATURE WORKS FOR BRIDGE WORKS AND CONDTRUCTION ORGANIZATION (Enclosure to letter no. W-HQ/Br/Tender/Policy dated 21.08.2008)
EARNEST MONEY (EM) 1.(a) The rules concerning Earnest Money Deposit modified vide Board�s letter Nos.2003/CE-I/CT/4 Pt-I dated 12/16.5.06 (item (i) of the Annexure) and letter no. 2003/CE-I/CT/4 Pt-I dated 7.12.06 are further amended as under:- 2.
Authority: Railway Board� s letter no.2007/CE.1/CT/18 dated 28.9.2007 (b)It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway. (c) If his tender is accepted, this EM mentioned in sub clause above will be retained as part security for the due and faithful fulfillment of the contract in terms of clause 16 of General Conditions of Contract (GCC).� The EM of other tenderers, shall save as herein provided, be returned to them, but the railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon. 2.(a) The earnest money should be in cash or in any of the following forms :- (i) Deposit receipt, pay orders, demand drafts, these forms of earnest money may be issued either by the State Bank of India or by any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposit receipts, pay orders, Demand Drafts executed by the scheduled banks (other than the State Bank of India and the nationalised banks) approved by the Reserve Bank of India for the purpose. The Railway will, however, not accept the same without getting in writing the concurrence of the Reserve Bank of India. (b) Earnest money if deposited in form other than cash should be valid at least for the time period specified in the tender notice, and should be drawn in favour of finance officer of the railway specified in the tender notice. NOTE: No interest will be payable upon the EM or upon the amounts payable to the contractor under the contract. SECURITY DEPOSIT ON ACCEPTANCE OF TENDERS (Ref. Rly. Boards letter No.2003/CE-I/CT/4/PT.I dated 12-05-2006) 1. The earnest money deposited by the contractor with his tender will be retained by the Railway as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the contractors on accountbills, provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the contractor on the pending on account bills so that the amounts so retained may not exceed 10% of the total value of the contract. 2. Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode of recovery shall be as under : a) the Security deposit for each work should be 5% of the contract value. b) the rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered c) Security deposit will be recovered only from running bills of the contract and no other mode of collecting SD such as SD in form of instruments like Bank Guarantee, Fixed Deposits etc. shall be accepted towards Security Deposit. The security deposit shall be returned to the contractor after the physical completion of the work as certified by the competent authority. The competent authority shall normally be the authority who is competent to sign the contract. If this competent authority is of rank lower than Junior Administrative Grade (JAG), than a JAG officer (concerned with the work) should issue the certificate. The certificate inter alia should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contractor to railways against the contract concerned. Before releasing the SD an unconditional and unequivocal no claim certificate from the contractor should be obtained. 3. No interest will be payable upon the EM and SD or amounts payable to the contractor under the contract, but government securities deposited in terms of clause (1) above, will be payable with interest approved thereon. Performance Guarantee (P.G.) 1. The successful bidder should give a Performance Guarantee in the form of an irrevocable bank Guarantee amounting to 5% of the contract value. 2. The Performance Guarantee should be furnished by the successful contractor after the letter of acceptance (LOA) has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15 (fifteen) days after the issue of LOA and Performance Guarantee should also be submitted within this time limit. 3. Performance Guarantee shall be released after satisfactory completion of the work and maintenance period is over. The procedure for releasing Performance guarantee would be same as for Security Deposit. 4. Wherever the contracts are rescinded, the security deposit would be forfeited and the Performance Guarantee will be encashed and the balance work would be got done separately. 5. The balance work shall be got done independently without risk and cost of the original contractor. 6. The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm would be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm. ADVANCES TO CONTRACTORS.- It will be the duty of the Executives to abstain as far as possible from giving advances and they should endeavor to maintain a system under which no payments are made except for work actually done. General Managers may, however, sanction advances within their delegation of powers, as per limits indicated hereunder for such of the works which are capital intensive and of specialized nature, if the estimated value of the tender exceeds Rs.1 (one) Crore. Suitable provisions may be included in the special conditions of the tender for grant of Mobilization advance and advance against machinery and equipment, if the work warrants grant of such advances subject to conditions stated hereunder: (a)Mobilization Advance: This shall be limited to 10% of the Contract value and payable in 2 stages as indicated below :- Stage I:5% of Contract Value on signing of the contract agreement. Stage II: 5% on mobilization of site-establishment, setting up offices, bringing in equipment and actual commencement of work. The two stages of advances shall be payable immediately after signing of contract documents and at the time of mobilization, respectively. (b)Advance against machinery and Equipment: This advance shall be limited to a maximum of 10% of the contract value against new-machinery and equipment involving substantial outlay, brought to site and essentially required for the work. This advance should not exceed 75% of the purchase price of such equipment and will be payable when hypothecated to President of India by a suitable bond or alternatively covered by an irrevocable bank guarantee for full cost of the plant and equipment from a nationalized bank in India or the State Bank of India in a form acceptable to Railways. The plant and equipment should be insured for the full value and for the entire period, they are required for the work. This plant and equipment shall not be removed from the site of work without prior written permission of the Engineer. No advance should be given against old plant and Machinery. (c) Advances for accelerating progress of the work during course of execution of Contract: This advance is to be decided on the merits of each case for contracts lying within the powers of G. M. (Rs.5 crores and less) and shall be restricted to a maximum of 5% of contract value or Rs. 5.00 lakhs whichever is less. This is to be granted by the G. M. on the recommendations of the Chief Engineer in charge, in consultation with the Associate Finance. (d) Advances in exceptional cases: G. Ms. are further empowered to grant advances in exceptional cases upto a maximum of Rs. 5.00 lakhs in respect of even contracts of value of less than Rs. 50.00 lakhs if considered absolutely essential, depending on the merits of each case and circumstances in each situation, to be recommended by the Chief Engineer in charge and in consultation with the Associate Finance. (e) The above advances are subject to the following conditions :
(a)Method of Recovery of interest: Interest will be recovered on the advance outstanding for the period commencing from the date of payment of advance till date of particular on-account bill (through which recovery of principal is effected) and adjusted fully against on-account bill along with pro-rata principal recovery. In the event of any short fall the same will be carried forward to the next on-account bill and will attract interest @ 18% per annum. The bank guarantee for such advances should clearly cover principal plus interest. |
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