TYPES OF WORKS GENERALLY EXECUTED
Following types of works are generally executed by Engineering Department, through contract agencies.
(1)Track works - for example Relaying of track, Deep screening, Complete track renewal by track machine or manually, Sleeper renewal by track machine or manually, Rail renewal, Welding, Ballast supply, etc.
(2)Building works Construction & maintenance of buildings and colonies, Supply of building material, Water- supply works, etc.
(3)Bridge Works - Construction, Rehabilitation & Maintenance of bridges, etc.
(4)Miscellaneous works - Earthwork, Horticulture etc.
AGENCIES RESPONSIBLE FOR AWARD/EXECUTION OF WORKS.
- Works for construction, repair or maintenance may be carried out through the agency of either,
(i)Departmental labor, or
(iii)The other departments and public bodies such as municipalities, Port trusts, etc. or
(iv)Other Railway administration.
Accordingly, the authority sanctioning the works decides the agency for execution.
2.At Head Quarter, the works contracts are generally awarded by Principal Chief Engineer, assisted by various functional Heads of the Department and Deputy Chief Engineers.
3.In the divisions, following agencies are responsible for award/execution of works.
(i)Senior Divisional Engineer (Co-ordination) of respective divisions in open line.
(ii)Deputy Chief Engineer (Construction) of respective divisions in construction.
ZONAL WORKS: A SPECIAL FEATURE
Generally this is a form of Piece work contract which normally includes:
(a)(i) New Works, additions and alterations to existing structures, special repair works and supply of building materials subject to the contract value of each such work not exceeding Rs. 2 lakh.
(ii) All ordinary repairs and maintenance works; and
(iii) Conveyance of materials e.g. bricks, lime, sand etc. which are likely to be required in a zone during the year.
(b) The zonal contracts would normally be for one year for the period from 1st of July to 30th of June of next year.
A piece work contract means, a contract under which only unit rates/prices are agreed upon, without reference to the total quantity of work to be done within a given period
TYPES OF TENDERS
1. The following are amongst the different methods of obtaining tenders that may be adopted:-
(i) By public advertisement; this is usually adopted method. Open tender falls in this category.
(ii) By direct invitation to a limited number of firms/contractors; these are called Limited tenders.
(iii) By invitation to one firm/contractor only; these are termed as Single tenders.
2. Works are generally out sourced by competitive bidding by resorting to the system of advertised open tenders.
(a) Notice Inviting Tender (NIT) is given by publishing in national dailies and by uploading on Website of West Central Railway http://www.westcentralrailway.com/tender/tender.asp?dept_no=2 NIT contains important details such as Date of opening, Description of work, Completion period, Cost of tender form, Earnest Money, Approximate estimated cost of tendered work, Minimum Eligibility Criteria etc.
(b)The tender documents are issued from the office of the authority inviting tender, on deposition of requisite cost of tender form.
(c)The tender document can also be downloaded from WC Railway Website http://www.westcentralrailway.com/tender/tender.asp?dept_no=2 and tenders can be submitted on downloaded format along with the cost of tender form mentioned in NIT in the form of demand draft payable to the finance officer specified in NIT or deposited in cash, obtaining the cash receipt in the office of the officer inviting tender.
(d)The tenders are carefully considered by a duly constituted tender committee and then approved by the competent tender accepting authority. Normally works are awarded to the lowest eligible/acceptable tenderers.
PROCEDURE FOR FINALIZATION OF TENDERS:
Following procedure is generally adopted for finalization of tenders:
1. Tenders are opened at the specified time, date and place by the officer nominated for this purpose, in the presence of an Accounts department’s representative and the intending tenderers.
2. Following precautions are observed while opening the tenders.-
The officer who opens the tenders and the Accounts representative witnessing the tender opening would ensure that:
(i) Initial (with date) the cover containing the tender, front cover page of the tender and every page of the tender on which the rates or special tender conditions are quoted;
(ii) Initial (with date) all corrections made by tenderer in the schedule of quantities, schedule of materials to be issued and specification and other essential parts of the contract document;
(iii) Mark and initial all over writings made by tenderer in red ink. The corrections, overwriting and omissions would be serially numbered and the total number of such corrections etc. would be clearly mentioned at the end of each page of the schedule attached to the tender proper and attested with date;
(iv) Clearly indicate on each page of the schedule attached to the tender, any ambiguities in rates quoted by the tenderer in words or figures;
(v) Specifically record whether samples have been supplied or not along with the tender.
3 (i). The names of the tenderers and the rates quoted by each tenderer are read out, wherever practicable, to the tenderers or the representative who may be present at the time of opening of the tenders.
(ii) While opening the tenders, no opportunity is given to any tenderer to repudiate, amend or explain the rate and or any condition quoted in the tender.
(iii) No tender is entertained from any party in his private capacity who is directly or indirectly connected with Government service, or for which the specified earnest money has not been received.
4. A suitable remark in regard to both Delayedand Latetenders is made both in the Tender Register as well as in the comparative statement. For dealing with "Delayed" and "Late" tenders, instructions issued by the Railway Board from time to time are followed.
5 (i). A statement of comparative rates and other important tender conditions is prepared by the engineering department and verified by the Accounts Department.
(ii) It is ensured that all tenders received are tabulated in the above comparative statement and put to a Tender Committee, constituted for the purpose, for consideration without any screening by any other official.
6. Briefing notes for the Tender Committee-
Along with the tabulation statement, a briefing note duly authenticated at an appropriate level is submitted, clearly indicating the details as per Engineering Code.
7. Scrutiny by the Accounts department.-
(i) The tabulation statement and the briefing notes are submitted thereafter for scrutiny together with the original tenders to the Accounts Officer concerned.
(ii) The tabulation statement is signed by the Section Officer (Accounts) nominated for the purpose in token of his verification.
8. Constitution of Tender Committee.-
(i) Tender Committee is generally constituted by the authority competent to accept the tenders where the tender value involved is more than Rs. 10,000.
(ii) Where the General Manager is the authority competent to accept the tender, the Head of the Department concerned arranges to constitute the Tender Committee.
(iii) In a Tender Committee consisting of three members, one would be from the Accounts department and one from the concerned executive department. The third member would be from another department which also deals with such contract matters.
(iv) The Tender Committee is so constituted that an officer recommending acceptance of a tender in his capacity as a member of the Tender Committee is not also the accepting authority of the same tender. In such cases, the officer concerned puts up the Tender Committee's proceedings to the next higher authority for acceptance, notwithstanding the fact that the Tender Committee's recommendations are within his own powers of acceptance.
9. Acceptance of tender.
(i)Tender committee holds its meetings and after considerations of tenders, records its minutes making suitable recommendations for acceptance, rejection, or discharge of the tender or for negotiations.
(ii)Tender committee puts up tender committee minutes to the accepting authority, empowered to accept/reject or modify the recommendations of the tender committee. The tender accepting authority records his decision.
(ii)Tender committee (iii) An unqualified acceptance of a tender constitutes a binding contract until a formal agreement is constituted. However, if the acceptance of the tender by the Railway is a conditional acceptance, it requires the consent of the tenderer before the binding contract takes place.
GENERAL INSTRUCTIONS TO TENDERERS
1. As a tenderer, you should ENSURE THAT:
(1). You have signed the offer page with full name, address and witnesses, filling in all the blanks.
(2). You have filled in, the required columns.
(3). You accept the validity prescribed by the Railway in the relevant Clause
(4) Do not quote special conditions of your own, as they are likely to vitiate your tender and make it prone to rejection.
(5) All pages are signed, corrections neatly scored out and initialed.
(6) The rate quoted is mentioned in figures as well as in words.
(7) Please, do not leave any lapses which may lead to declaration of your offer as INVALID.
2. MEANING OF TERMS:-
Please go through and understand the meaning of terms mentioned in the Regulations for Tenders and Contract of the general conditions of contract booklet/ tender document.
3. Words imparting the singular number shall also include Singular and the plural and vice versa where the context so requires.
4. The Regulations for Tenders and Contracts shall be read in conjunction with the General Conditions of Contract which are referred to in the tender document and shall be subject to modifications, additions or super session by special conditions of contract and/or special specifications, if any, annexed to the Tender Forms.
5. A contractor who has not carried out any work so far on this Railway should furnish the particulars sought in the tender document, which inter-allia include:
(a) His previous experience on works similar to that to be contracted for in proof of which original certificates or testimonials may be called for and their genuineness verified if need be, by reference to the signatories thereof.
(b) His ability to supervise the work personally or by competent and duly authorised agents;
(c) His financial position;
(d) Documents in supports of the fact that the tenderer fulfills the Minimum Eligibility Criteria,
6. Should a tenderer find discrepancies or omissions in the drawings or any of the Tender Forms or should he be in doubt as to their meaning he should at once notify the authority inviting tenders who may send a written instruction to all tenderers.
7. (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works that all conditions liable to be encountered during the execution of the works are taken into account and that the percentage/rates he enters in the Tender Form is/are adequate and all inclusive to accord with the provisions in Clause 37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.
(b) Time is the essence of the contract. Contractor should plan the work in such a way so as to complete whole work within the time provided for. Contractor should submit the bar-chart showing planning of all the item of work for proper monitoring of the contract.
(c) When work is tendered for, by a firm or company of contractors, the tender shall be signed by the individual legally authorized representative to enter into commitments on their behalf supported by Power of Attorney & Partnership Deed in case of partnership firms. The Railways will not be bound by any power of attorney granted by the tenderer or by change in the composition of the firm made subsequent to the execution of the contract. It may, however, recognise such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.
8. At the advertised time and place, tenders received for Contract shall be opened by a Committee of officials, and where practicable, the names of tenderers and the rates tendered by them read out in the presence of such of the intending contractors or their agents as may attend.
9. The Railway reserves the right of not to invite tenders for any work or works, or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.
10. The Tenderer whose tender is accepted shall be required to appear at the office of the General Manager / Divisional Railway Manager / Chief Engineer /Senior Divisional Engineer / Dy. Chief Engineer(C) / Executive Engineer as the case may be in person, or if a firm or corporation, a duly authorised representative shall so appear and execute the contract documents within seven days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies. In the event of any tenderer whose tender is accepted shall refuse to execute the contract documents as herein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and the acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest money and to recover the liquidated damages for such default.
11. Every contract shall be completed in respect of the documents it shall constitute. Not less than 5 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor.
12. CONDITIONS OF TENDER
12.1. All rates for the each item of works should be written in words as well as in figures at all the pages wherever applicable. In case of discrepancies between the rate quoted in figures and words, the rate quoted in words will prevail.
12.2. Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any correction made by the Tenderer/Tenderers in his/their entries must be attested by him/them.
12.3. The tender must be accompanied by a sum of amount specified in the tender notice, as earnest money, deposited in cash or in any forms mentioned in the tender notice/tender document failing which the tender will be summarily rejected.
12.4. The tenderer shall hold the offer open till such date as may be specified in the tender.It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the 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 authority inviting tender. Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as security for the due performance of the above stipulation shall be forfeited by the Railway. If the tender is accepted, the amount of earnest money will be held as part of security deposit for the due and faithful fulfillment of the contract. The earnest money of the unsuccessful tenderer will as therein before provided be returned to the unsuccessful tenderers but the Railway shall not be responsible for any loss or depreciation that may happen to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the earnest money while in their possession, nor be liable to pay interest thereon.
12.5. It shall not be obligatory on the said authority to accept the lowest tender and no tenderer/tenderers shall demand any explanation for the cause of rejection of his/their tender.
12.6. If the tenderer deliberately gives / tenderers deliberately give wrong information in his/their tender or creates/create circumstance for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage.
12.7. If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled unless the firm retains its character.
12.8 (A). The tenderer is required to produce following documents along with original tender papers duly filled & signed at all pages.
(i) Earnest money in proper form
(ii) Tender documents duly signed & completed.
(iii)Any other document the tenderers may like to submit in support of his credentials/scheme.
12.8 (B). Other documents generally required to be submitted are as under-
(i)Particulars of tenderer.
(ii) Details of works activities similar to tendered work.
(iii) Details of all Civil Engg. Works carried out during past 3 years.
(iv) Details of Plant & Machinery owned by the contractor.
(v) Particulars of Technical staff to be employed on the work.
(vi) Method statement, PERT Chart & Construction Schedule vis-a-vis deployment of resources.
(vii) Bio-data of key personnel and/or construction Engineers to be involved in this work.
(viii) Document in support of financial solvency, (Solvency Certificate from State Bank of India or any nationalised Bank).
(ix) Partnership Deed.
(x) Power of Attorney.
As the case may be.
12.9. Tenders must be enclosed in sealed cover, super-scribed by the name of work and be delivered appropriately as prescribed in the tender notification, so as to reach before the scheduled time and date notified.
12.10. Delayed& `Late' tenders will be dealt as per rules issued by Railway Board.
12.11. Should a tenderer be retired Engineer of the Gazetted rank or any other Gazetted Officer working before his retirement, whether in the executive/or administrative capacity, or whether holding a pensionable post or not, in the Engineering Department of any of the Railway owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired Engineer or a retired Gazetted officer as aforesaid, or should a tenderer being as incorporated company have any such retired Engineer or retired Officer as one of its directors, or should a tenderer have in his employment any retired Engineer, or retired gazetted Officer as aforesaid the full information as to the date of retirement of such Engineer or gazetted officer from the said service and in cases where such Engineer or Officer had not retired from Government service at least two years prior to the date of the submission of the tender as to whether permission for taking such contract, if the contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, or to take employment under the contractor has been obtained by the tenderer or the Engineer or the Officer as the case may be from the President of India or any officer duly authorized by him in this behalf shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with Tenderer, as the case may be, shall be rejected.
12.12. Should a Tenderer or Contractor being an individual on the list of approved Contractors, have a relative employed in gazetted capacity in the Engineering Department of West Central Railway, or in the case of a partnership firm or company incorporated under the India Company Law should a partner or a relative or the partner or a share holder or a relative of a share holder be employed in gazetted capacity in the Engineering Department of the West Central Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tenders, failing which the tender may be rejected, or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provisions in Clause 62 of the General Conditions of Contract.
12.13. Should the Railway decide to negotiate with a view to bring down the rates, the original offer will still be binding in case nothing materialises out of the negotiations. A declaration to this effect should be submitted by the tenderer/ tenderers along with the negotiated offer in the prescribed proforma.
12.14. Deduction of taxes at source, as per the extant rules would be made, as prescribed by Govt.
12.15 Partnership Deeds, Power of Attorney etc:-The tenderer shall clearly specify whether the tender is submitted on his own behalf or on behalf of a partnership concern/company. If the tender is submitted on behalf of partnership concern/company a certified copy of partnership deed/ articles of association, as the case may be, and a power of attorney to sign the tender documents, bills etc. should be submitted. If these documents are not enclosed along with the documents the tender will be treated as having been submitted by individual, signing the tender documents. The Rly. will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. Railway may, however, recognise such power of attorney/partnership deed/article of association after obtaining proper legal advice, charges for which will be chargeable to the contractor.
(2)Commencement of Works
(1)Compliance to Engineers instructions
(2)Alterations to be authorized
MINIMUM ELIGIBILITY CRITERIA
The Stipulation of Minimum Eligibility Criteria (Ref: Railway Boards letter No.94/CE-1/CT/4,dated 17.10.2002. & 04.06.2003) for open tenders costing above Rs. 10 lakhs is as under.
Revenue /Bankers Solvency Certificate
(i) For works costing less then
(ii) For works costing more thanRs. 1Crore.
(i) Not required
(ii) 40% of Advertised tendervalue of work
Should have completed in the last three financial years ( i. e. current year and three previous financial years)
At least one Similar single work for a minimum value of� 35% of the advertised tender value.
Total contract amount received during the last three years as per current ITCC.
Should be a minimum of 150% of advertised tender value of work.
Amendment (vide item 2above): (Ref.: Railway Boards letter no. 94/CE-1/CT/4, dated 21.06.2006.)
(i)Similar nature of works physically completed within the qualifying period i.e. the last three financial years and current financial year should only be considered in evaluating the eligibility criteria.
(ii)The total value of similar nature of works completed during the qualifying period, and not the payments received within qualifying period alone, should be considered.
In case, final bill of similar nature of work has not been passed, paid amount including statutory deductions is to be considered, if final measurements have not been recorded or if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original contractual value of work should be considered for judging eligibility.
(iii)In the case of composite works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge works where similar nature of work has been defined as bridge works with pile foundation and PSC superstructure, a tenderer, who had completed one bridge work with pile foundation of value at least equal to 35% of tender value and also had completed one bridge work with PSC structure of value at least equal to 35% of tender value, should be considered as having fulfilled the eligibility criterion of having completed single similar nature of work.
(iv) Works of Similar nature have been defined by PHOD of W C Railway as per office letter no. W-HQ/101/CE�s circular/45 dated 06-01-06, W-HQ/WG/Simlar-Works/62 dated 10/12-07-06, W-HQ/WG/Tender/Policy/62 dated 22-08-06, which is subject to revision from time to time.
Note:However, the above eligibility criteria may be modified on case to case basis in respect of urgent Project/Works and specialized nature of work with concurrence of FA & CAO (Associate Finance) and personal approval of General Manager.