Sri Ch. Venkateswara Rao , Railway Contractor, D.No. 1-837 ... · Schedule A: List of items of...
Transcript of Sri Ch. Venkateswara Rao , Railway Contractor, D.No. 1-837 ... · Schedule A: List of items of...
Tender No.E-4/North/2017
Registered Post-Ack.-Due”
भारत सरकार / Govt. of India
रेऱ मतं्राऱय / Ministry of Railways
दक्षिण मध्य रेऱवे / South Central Railway
ववजयवाडा मडंऱ / Vijayawada Division
मडंऱ कायााऱय/Divisional Office,
काया शाखा/Works Branch,
ववजयवाडा/Vijayawada,
स.ंNo.बीB/डबल्य ूW.496/I/4/T.No.E-4/North/17/T.North ददनाँक/Dt 12-.06-.2017
To
Sri Ch. Venkateswara Rao ,
Railway Contractor,
D.No. 1-837/2, Sundaraiah Nagar,
M A D H I R A, Khammam Dist, Telangana State
Sir,
ववषय/Sub:-Tender No.E-4/North/2017 for the work of “BZA-VSKP Section :Engagement of
skilled artisan staff in SSE/W/RJY, SSE/W/NDD, SSE/W/SLO and SSE/W/TUI
sections of DEN/North/BZA jurisdiction for a period of 12 months
सदंबा/Ref:- Your offer submitted on 08-03-2017 and validity of offer extended
up to 05-07-2017.
***
1. The competent authority has accepted your Tender for the above work for a total value of
Rs. 18,88,465/- (Rupees Eighteen lakhs eighty eight thousand four hundred and sixty five only) at the
following rate.
Rate : (+)27% (Plus Twenty seven percent only) on basic rate of NS item
2. The work should be completed within 12 ( Twelve) months from the date of issue of letter of
acceptance with a maintenance period of NIL months.
3. The sum of Rs. 29,740/- paid on line vide IREPS Ref.ID Bank Trans ID No NE 184732 / IK00CTEHP6
dt. 08-03-17 towards EMD has been adjusted as part amount of the security deposit. The balance
security deposit of Rs. 64,683/- shall be recovered at the rate of 10% of the bill amount till the full
security deposit of Rs 94,423/- is recovered..
4. In terms of Special conditions of contract, you shall furnish a Performance Guarantee amounting to 5%
of the contract value i.e Rs 94,423/-- before signing of the agreement. The performance guarantee
should be initially valid up to the stipulated date of completion plus 60 days beyond that. In terms of
Special conditions of contract, you shall submit the Performance Guarantee (PG) within 30 (thirty) days
from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond
30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is
competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged
for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case of failure
to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be
terminated duly forfeiting EMD and other dues, if any payable against the contract. The failed
contractor shall be debarred from participating in re-tender for that work.
Contd. 2
Tender No.E-4/North/2017
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5. Until a formal agreement is executed, acceptance of the Tender shall constitute a binding contract
between you and the administration.
6. You have to abide by the Contract Labour (Regulations and Abolition Act 1970) and rules, regulations
and amendments thereto that may be followed from time to time are binding on you in respect of this
contract. You have to submit the application in the prescribed form (Form-V) in triplicate for license
under Contract labour (Regulation and Abolition) Act for 20 or more workers and under BOCW
Act for less than 20 Workers together with the demand draft towards security deposit and license fee to
the undersigned to forward the same to the concerned Licensing Officer for issue of the license
irrespective of the number of labour employed for the work. The work should not be executed without a
valid labour license. You are advised to pay Minimum Wages as per Minimum Wages Act 1948, in
case of any failure action will be initiated accordingly.
7. Failure to start the work within ten days, the contractor is liable for penal action as per clause 62 of the
General conditions of contract.
Encl: 1) Tender schedule with special conditions,
2) Copy of Performance Guarantee.
आपका / Yours faithfully,
Sr. Divisional Engineer/North
द.म.रेऱवे/S.C.Railway,
ववजयवाडा/Vijayawada
For and on behalf of President of India Copy to: Sr.DFM/BZA for information.
Copy to: ADEN/, RJY, SLO & Tuni for information and necessary action..
Copy to: SSEs/Works/ NDD, RJY, SLO, Tuni for information and necessary action.
Copy to SSE(Drg)/Bldg & OS/WA-North for information.
Copy to: Labour Enforcement Officer (Central), Prakash Nagar, Rajahmundry, East Godavari District, for kind
information.
(TC ADEN/Track/BZA , ADFM/II/BZA, , AA: Sr.DEN/North/BZA)
Tender No.E-4/North/2017
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Tender No. E-4/North/2017
Name of Work : BZA-VSKP Section:- Engagement of skilled artisan staff in SSE/W/RJY, SSE/W/NDD, SSE/W/SLO and SSE/W/TUI sections of DEN/North/BZA jurisdiction for a period of 12 months
Similar nature of work :- Not Applicable
Approx. Value : Rs. 18,88,465/-
Estimate Sanctioned No. & date Allocation Amount
B/W.405/I/254/Plg dt: 28-11-2016 04-420-32 Rs 7,43,490
11-511-32 Rs 7,43,490
Completion Period 12 (Twelve) months
Maintenance Period NIL months
Name of the Tenderer/Contractor:-
Sri Ch. Venkateswara Rao , D.No. 1-837/2, Sundaraiah Nagar, M A D H I R A, Khammam Dist, Telangana State
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
Schedule A : List of items of works that are not covered by South Central Railway Unified SSR 2010
S No Item No. Description of work Qty. of ADEN Total Qty Rate Unit.
Amount in Rs RJY SLO TUNI
1 NS-2010-109
Maintenance, repairs / replacement in respect of 1) Masonry works : Brick work, concreting, grouting, plastering, pointing, flooring/dado work, open drainage works, roof leakages etc. 2) Carpentry Works : Wood work, doors & windows, cupboards, frames, shutters fittings & fastenings, rafters, reapers, wooden furniture, roof shuttering etc. 3) Plumbing Works : Water and E.W. pipe lines, valves, sanitary fittings, down water pipes of single / Multi storied quarters, water tanks etc. by supplying a team of 2 members i.e one skilled and one unskilled for each category of mason works, carpentry works, plumbing works with all contractors tools, transportation, lead & lift, equipment and scaffolding arrangements for works up to G+6 of multi storied structures, safety equipment, maintenance of tools and other equipment etc. Material required for repair / replacement/ other petty repair works will be supplied by the railways at free of cost at work spot and as directed by the engineer - in - charge
924 624 432 1980 751.00 per each team per day
1486980
Necessary power supply & water will be borne by the railways. The rate is for any one team i.e 1. Masonry or 2. Carpentry or 3. Plumbing work. RJY: 25Daysx2teamsx12months = 600 3daysx1teamx12months = 36 (for emergency works) NDD: 12daysx2teamsx12months = 288 SLO: 25daysx2teamsx12months = 600 2daysx1teamx12months = 24 (for emegency works) TUI: 25daysx1teamx12months = 300 11daysx1teamx12months = 132. Note: In the above, 1team for 25daysx12months should be deployed for bridge works. Balance should be deployed in the section.
Note: 1) Each member of team should report to SSE/Works - in charge at or before 9.00 hrs on required working days as required by Rlys. 2). The contractor should attend the maintenance, repair / replacement works with number of labour specified - one team of 2 nos. for each category of work as directed by the engineer-in-charge. 3). One supervisor to be engaged by the contractor to take the instructions 4). A day to day register shall be maintained for this purpose and the same should be produced to the SSE/Works-in-charge whenever required and produce the same for making payment. 5). In any complaints/deficiency noticed in the working of labour, they should be replaced with new person as per the direction of the engineer-in-charge. One day maintenance cost (per team per day) will be imposed as penalty for the deficiency in working by the contractor's labourers. 6). The contractor should comply with existing laws and acts of Government of India and the State Government law and acts in engagement and working with labour. 7). Mobile phone communication facility should be provided by the contractor to the each team for communication with departmental officials for instructions.
Rate Accepted in “Figures” (+)27%
Rate Accepted in “Words Plus Twenty seven percent only
Tender No.E-4/North/2017
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GENERAL CONDITIONS
1. The tenders are required to quote a uniform percentage rate above or below or at par of the items
included in the Sch- A separately both in figures and in words. If there is variation between the rates
quoted in figures and words, the rate quoted in words will be taken as correct.
2. The quantities furnished in the schedule are approximate and the work will be carried out as directed
by the Engineer-in-charge. Payment will be made for the quantities actually executed.
3. The rates quoted by the contractor will be inclusive of the cost of all the materials, labour, tools &
Plants etc., complete including transportation of the same at his own cost including loading and
unloading.
4. The Railway reserves the right to reject or alter any part of the work executed by the contractor,
which in the judgment of Railway does not comply with the requirements of the specifications. The
decision of the Railway shall be final and conclusive for all purposes.
5. All the works executed by the tenderer/contractor covered in USSR-2010 should comply with Indian
Railways Unified Specifications for Works & Materials-2010 (Vol-I & II).
6. All the works executed by the tenderer/contractor shall in accordance with Indian Railways Works
Manual-2000 and Code for the Engineering department-2012.
7. All the works executed by the tenderer/contractor shall be followed/complied in accordance with
Railway Board/RDSO/HQ guidelines/circulars/correction slips for works & materials and Engineering
standing orders issued by Principal Chief Engineer, S.C.Railway from time to time.
8. Vehicles and equipment of contractors can be drafted by Railway Administration in case of
accidents/natural calamities involving human lives.
9. Conservancy charges as applicable and as modified from time to time will be recovered from
Contractor’s running bills.
10. The Railway administration will not be responsible for the safety of contractor’s for this work.
11. The work shall be completed within 12 months from the date of issue of acceptance letter.
SPECIAL CONDITIONS.
1) As a principal employer, the executive Department is required to maintain Registers, Records and
collection of statistics as per Rule 71 to 83 under chapter VII of the Contract Labour (R&A) Central
Rules 1971. 2) It should be ensured that the provisions/conditions stipulated in various enactments such as Child
labour (R&A) Act, Payment of Wages Act, Minimum Wages Act etc., and Railway Boards instructions communicated vide le. No. E(LL) 2005AT/CNR/16, dt.10.11.2005 and 29.08.2006 are followed
scrupulously duly incorporating in the agreement contract. 3) The payment to the contract labourer will be provided through bank/cheque.
4) Identity cards will be issued to all contract workers.
5) Deduction of PF from the payment made to the contact labour will be ensured. 6) Deduction of ESI from the payment made to the contract labour will be ensured.
7) The contractor’s labour (ie., each team of 2 members) should take the material at SSE/Works depot to
work spot as directed by the Engineer-in-charge. 8) After attending the repairs, contractor’s labour should hand over the remaining material at SSE/Works
depot.
9) The contactor’s labour should complete the repair works allotted per day as directed by SSE/Works in
charge.
10) 10 The labour should work irrespective of no. of floors as directed by the engineer-in-charge.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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SPECIAL CONDITIONS OF CONTRACT
1 The rates include all lead and if the materials obtained by rail all freight charges including
loading charges.
2 Sales tax, Royalties and Octroi duties, if any, that may be payable under Provincial
Government Sales Tax Act or Local Bodies Act or rules on any of the material that may be used
or supplied by the contractor will be payable by the contractor. The Railway will neither pay the
taxes or duties nor be bound to compensate the contractor for any amounts paid by him by way
of these taxes or duties.
Sales Tax at 4% on the materials portion of the contract will be deducted from each on account
bill where identifiable. Where the labour and material portion is not clearly identifiable, the
labour element shall be taken as 30%. On the balance 70% of the value of the work, 4% shall be
deducted pro-rata from each “on account bill” towards Sales tax.
Seigniorage charges recoverable from bills:-
Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by the State
Government and payable to them as revised from time to time during the currency of contract
will be recovered by Railway from the contractors “on account” and “final bills” and remitted to
the state government. The rates quoted by the Tenderer shall be inclusive of these charges.
Claims regarding revision of seigniorage charges and consequent enhancement of the accepted
rate will not be entertained. However, no seigniorage charges / fee shall be recovered from the
bills of the contractor, if the contractor produces documentary evidence e.g. “Transit Passes”
issued by State Govt. Officials in token of having paid seigniorage fee. In such cases, the
genuineness of such documentary evidence produced along with proof of payment of
seigniorage charges, shall be got verified by the Railway from the concerned Mining and
Geology Dept
3 WATER:- A charge of One percent will be made by the Railway for the supply by the
Railway of piped water from existing pipe lines and calculated on the amount of all items of
work (SSR/NS items) appearing in the bills payable to the contractor in respect of which work
such water has been issued to the Contractor and such charges should be deducted from sums
due or payable by the Railway to the Contractor from time to time.
4 In the event of water having to be brought by the Railway to the site of the work in traveling
tanks, the actual freight at Public Tariff rate and all other charges incurred therein including any
demurrage that may be levied shall be payable by the Contractor and deducted from sums due or
payable by the Railways to the Contractor from time to time.
In addition to the charges of one percent referred to above, if additional pipe lines to those
already existing are called for by the contractor, the cost of the same and all charges incurred by
the Railway in their laying including supervision charges will be paid by the contractor or the
contractor provides and lay his own piping at the discretion of Divisional Engineer.
5 The Railway does not guarantee work under each items of the Master Schedule. For example if
a gate-lodge or gang huts are to be built between stations and the work order issued to the
sectional contractors additional payment on account of lead or freight charges for the materials
that may have to be brought by rail or by road, will not be admissible.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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6 If there arises any discrepancy between the printed Unified Standard schedule of Rates 2010
as amended by addendum and corrigendum slips issued from time to time upto date and the
schedule attached to the Tender pertaining to this work, the former shall be treated as
authentative and binding in all purposes shall prevail.
7 Rubble masonry shall be first sum of Railways Specification No 503 according to South Central
Railway Specification for materials and works. contractors attention is particularly invited to
dressing of stone as laid down in the Railway‟s specification.
8 The Special conditions supplemented to the conditions of Tender and contracts the General
conditions of contract and the notes appearing under the relevant chapter and sub chapters of the
Unified Standard schedule of Rates 2010 should be considered as part of the contract papers
where the provisions of these conditions are at variance with General Conditions of Contract
these special conditions shall prevail.
9 Performance Guarantee (P.G.):- a. The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty)
days from the date of issue of Letter of Acceptance (Excluding the date of issue of LOA;Ref-
CE/Works/SC letter No.W.148/P/GCC/Vol.II dt.30-05-2014). Extension of time for submission
of PG beyond 30(thirty) days and upto 60 days from the date of issue of LOA may be given by
the Authority who is competent to sign the contract agreement. However, a penal interest of
15% per annum shall be charged for the delay beyond 30 (thirty) days, ie., from 31st day after
the date of issue of LOA(Excluding the date of issue of LOA;Ref-CE/Works/SC letter
No.W.148/P/GCC/Vol.II dt.30-05-2014). In case the contractor fails to submit the requisite PG
even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting
EMD and other dues, if any payable against that contract. The failed contractor shall be debarred
from participating in re-tender for that work.
b. The successful bidder shall submit a Performance Guarantee (PG) in any of the following forms,
amounting to 5% of the contract value:-
(i) A deposit of Cash,
(ii) Irrevocable Bank Guarantee,
(iii) Government Securities including State Loan Bonds at 5 percent below the market
value,
(iv) Deposit receipts, Pay orders, Demand Drafts and Guarantee Bonds. These forms
of Performance Guarantee could be either of the State Bank of India or of any of
the Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;
(vi) A Deposit in the Post Office Saving Bank;
(vii) A Deposit in the National Savings Certificates;
(viii) Twelve years National Defence Certificates;
(ix) Ten years Defence Deposits;
(x) National Defence Bonds; and
(xi) Unit Trust Certificates at 5 percent below market value or at the face value
whichever is less.
Also FDR in favour of Senior Divisional Finance Manager, S.C.Railway,
Vijayawada (free from any encumbrance) may be accepted.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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1.0 The Performance Guarantee shall be submitted by the successful bidder after the Letter Of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G.
shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case,
the time for completion of work gets extended, the contractor shall get the validity of P.G.
extended to cover such extended time for completion of work plus 60 days.
1.1 The value of PG to be submitted by the contractor will not change for variation upto 25%(either
increase or decrease). In case during the course of execution, value of the contract increases by
more than 25% of the original contract value, an additional Performance Guarantee amounting
to 5%(five percent) for the excess value over the original contract value should be deposited by
the Contractor.
1.2 On the other hand, if the value of Contract decreases by more than 25% of the original contract
value, Performance Guarantee amounting to 5% (five percent) of the decrease in the contract
value shall be returned to the contractor. The PG amount in excess of required PG for
decreased contract value , available with Railways, shall be returned to contractor as per their
request duly safeguarding the interest of railways.(Ref: Railway Board Letter No.2016/CE-
I/CT/1/PG dt.27-06-2016 communicated vide PCE /SC Letter No.W.148/P/G.C.C./Vol.II
dt.11-07-2016)
The procedure to release “Excess PG available with Railways with respect to required PG for
decreased contract value” will be as under:
Contractor shall submit his
request to release current PG, along with submission of a revised PG of requisite amount as
notified/communicated by Railways, in any of the forms as per clause 16(4)except in cases
where earlier PG has been submitted either in Cash or Demand draft.
Railways shall duly verify
and confirm the genuinity of revised PG as per concurrent guidelines.
After Confirmation regarding
genuinity of revised PG of requisite value, earlier PG can be released.
In cases where current PG is
either in Cash or Demand draft, the „Excess PG available with Railways with respect to
required PG for decreased contract value‟ shall be released duly considering the request of
contractor.
1.3 The Performance Guarantee (PG) shall be released after physical completion of the work
based on the „Completion Certificate‟ issued by the competent authority stating that the
contractor has completed the work in all respects satisfactorily. The security deposit,
however, shall be released only after the expiry of the maintenance period and after passing
the final bill based on „No Claim Certificate’ from the contractor.
1.4 Whenever the contract is rescinded, the security deposit shall be forfeited and the
Performance Guarantee shall be encashed. The balance work shall be got done independently
without risk and cost of the failed contractor. The failed 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 shall 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.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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1.5 The Engineer shall not make a claim under the Performance Guarantee except for amounts to
which the President of India is entitled under the contract (not withstanding and / or without
prejudice to any other provisions in the contract agreement) and this shall be in the event of:
i) Failure of the contractor to extend the validity of the Performance Guarantee as described
herein above, in which event the Engineer may claim the full amount of the Performance
Guarantee.
ii) Failure of the contractor to pay President of India any amount due, either as agreed by the
contractor or determined under any of the Clauses / Conditions of the agreement, within 30
days of the service of notice to this effect by Engineer.
iii) The contract being determined or rescinded under provision of the GCC the Performance
Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of
India.
10 Security Deposit:-
The scale of Security Deposit that is to be recovered from the contractor shall be as follows.
a. Security Deposit should be 5% of the contract value.
b. The rate of recovery will 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 the running bills of the contract and no
other mode of collecting SD such as SD in the form of instruments like Bank
Guarantee, Fixed Deposit Receipt etc., shall be accepted towards Security deposit.
d. Conversion of Security Deposit into FDR after recovery of full stipulated SD (FA&
CAO/SC letter No.AFX/EMD/Policy/ Vol.I dt.26.8.2010 circulated vide PCE/SC lr.
No.W.148/ SCRCA dt.30.9..2010):- If the contractor so desires, the cash deposits in
the form of security deposit may be allowed to be converted into FDRs(in favour of
respective Accounts Officers and on account of contractor), after full recovery, at the
discretion of the Railway, duly collecting necessary charges of conversion by the
Railway Administration.
The security deposit shall be released only after the expiry of the maintenance
period and after passing the final bill based on „No Claim Certificate‟.
After the work is physically completed, security deposit recovered from the
running bills of a contractor can be returned to him if he so desires, in lieu of
FDR/irrevocable bank guarantee for equivalent amount to be submitted by him.
In case of contracts of value Rs.50 crores and above, irrevocable bank guarantee can
also be accepted as a mode of obtaining security deposit.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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11 REVISED COMPREHENSIVE CLAUSE 46A OF GCC– PRICE VARIATION CLAUSE:
As per Railway Board Letter No.2007/CE-CT/18/Pt.19 dt.14.12.2012-Price Variation Clause
shall be applicable only for contracts of value ( Contract Agreement value) Rs.50 lakh and
more, irrespective of the contract completion period and Addendum & Corrigendum Slip
(ACS) No.6 to GCC, July 2013: Amendment to Clause 46A.7 (a sub-clause of PVC) to GCC
issued by Railway Board vide Lr.No.2007/CE-I/CT/18/Pt.13 dt.02/05/2014 communicated vide
PCE/SC Lr. No .W.148/P/G.C.C./Vol.II dt.05/06/2014 and Addendum & Corrigendum Slip
(ACS) No.2 to GCC, July 2014: Amendment to Clause 46A.1(a sub-clause of PVC) to GCC
issued by Railway Board vide Lr.No.2007/CE-I/CT/18/Pt.19(FTS8798) dt.15-10-2014
communicated vide PCE/SC Lr.No.W.148/P/G.C.C./Vol.II dt.12-12-2014.
Clause 46A-Price Variation clause:
46A.1. Price Variation clause shall be applicable only for contracts of value as prescribed by the
Ministry of Railways through instructions/circulars issued from time to time and irrespective of
the contract completion period. Variation in quantities shall not be taken into account for
applicability of PVC in the contract. Materials supplied free of cost by Railway to the
contractors shall fall outside the purview of Price Variation clause. If, in any case, accepted
offer includes some specific payment to be made to consultants or some materials supplied by
Railway free or at fixed rate, such payments shall be excluded from the gross value of the work
for the purpose of payment/recovery of price variation.
Applicability of PVC based on original contract value is illustrated as under-
“If estimated value of a tender (N.I.T. value) is Rs.55 lakhs; but value of the contract as per
Contract Agreement is Rs.45 lakh, then PVC shall not apply, even if the actual final value is
Rs.50 lakh or more due to variation in quantities during execution of the contract. Thus,
variation in quantities after signing of Contract Agreement is not relevant for deciding whether
PVC is applicable to a contract or not.”
46A.2. The Base Month for „Price Variation clause‟ shall be taken as month of opening of tender
including extensions. If any, unless otherwise stated elsewhere. The quarter for applicability of
PVC shall commence from the month following the month of opening of tender. The Price
Variation shall be based on the average Price Index of the quarter under consideration.
46A.3. Rates accepted by Railway Administration shall hold good till completion of work and no
additional individual claim shall be admissible on account of fluctuations in market rates,
increase in taxes/any other levies/tolls etc., except that payment/recovery for overall market
situation shall be made as per Price Variation Clause given hereunder.
46A.4. Adjustment for variation in prices of material, labour, fuel, explosives detonators, steel,
concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner
prescribed.
46A.5. Components of various items in a contract on which variation in prices be admissible , shall be
Material, Labour, Fuel, Explosives, Detonators, Steel, Cement, concreting, Ferrous, Non-
ferrous, Insulator, Zinc, erection etc., However, for fixed components, no price variation shall
be admissible.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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46A.6. The percentages of labour component, material component, fuel component etc., in various
types of Engineering Works shall be as under:
Component Percentage Component Percentage
A) Earthwork contracts:
Labour component 50% Other material
components
15%
Fuel component 20% Fixed
component*
15%
A) Ballast and Quarry Products contracts
Labour component 55% Other material
components
15%
Fuel component 15% Fixed
component*
15%
B) Tunnelling Contracts
Labour component 45% Detonators
component
5%
Fuel component 15% Other material
components
5%
Explosive
component
15% Fixed
component*
15%
C) Other Works Contracts
Labour component 30% Fuel component 15%
Material component 40% Fixed
component*
15%
*it shall not be considered for any price variation.
46A.7. The Amount of variation in prices in several components (labour, material etc., ) shall be
worked out by the following formulae:
i) L= W x (LQ-LB) x LC
LB 100
ii) M = W x (MQ-MB) x MC
MB 100
iii) F = W x (FQ-FB) x FC
FB 100
iv) E = W x (EQ-EB) x EC
EB 100
v) D = W x (DQ-DB) x DC
DB 100
vi) S = SW x (SQ-SB)
vii) C = CV x (CQ-CB)/CB
For Railway Electrification works: viii) T = {(CS – CO) /CO X 0.4136} X Tc
ix) R = { (RT – RO) / RO + ( ZT - ZO ) / ZO x 0.06 } x Rc
x) N = { (PT – PO ) / PO } x Nc
xi) Z = { ( ZT – ZO ) / ZO } x Zc
xii) I = { ( IT – IO ) / IT } x 85
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
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Where
L Amount of price variation in labour
M Amount of price variation in Materials
F Amount of price variation in fuel
E Amount of price variation in Explosives
D Amount of price variation in Detonators
S Amount of price variation in Steel
C Amount of price variation in Cement
T Amount of price variation in Concreting
R Amount of price variation in Ferrous Items
N Amount of price variation in Non-Ferrous Items
Z Amount of price variation in Zinc
I Amount of price variation in Insulator
LC % of Labour component
MC % of Material component
FC % of Fuel component.
EC % of Explosive component
DC % of Detonators component
Tc % of Concreting Component
Rc % of Ferrous Component
Nc % of Non-Ferrous Component
Zc % of Zinc Component
W Gross value of work done by contractor as per on-account bill(s), excluding cost of materials
supplied by Railway at fixed price, minus the price values of cement and steel. This will also
exclude specific payment, if any, to be made to the consultants engaged by contractors (such
payment shall be indicated in the contractor‟s offer)
LB Consumer Price Index Number for Industrial Workers- All India- Published in RBI Bulletin
for the base period.
LQ Consumer Price Index Number for Industrial Workers- All India-Published in RBI Bulletin
for the average price index of the 3 months of the quarter under consideration.
MB Index Number of Wholesale Prices- By Groups and sub-Groups-All commodities- as
published in the RBI Bulletin for the base period.
MQ Index Number of Wholesale Prices- By Groups and Sub-groups-All commodities- as
published in the RBI Bulletin for the average Price index of the 3 months of the quarter under
consideration.
FB Index Number of Wholesale Prices- By Groups and sub-Groups for Fuel and Power as
published in the RBI Bulletin for the base period.
FQ Index Number of Wholesale Prices- By groups and sub-groups for Fuel and Power as
published in the RBI Bulletin for the average price index of the 3 months of the quarter under
consideration.
EB Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of explosives are made by the contractor for the base period.
EQ Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of explosives are made by the contractor for the average price index of the 3
months of the quarter under consideration.
DB Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of detonators are made by the contractor for the base period.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
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Tender No.E-4/North/2017
DQ Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom
purchases of detonators are made by the contractor for the average price index of the 3
months of the quarter under consideration.
SW Weight of steel in tonne supplied by the contractor as per the „on-account‟ bill for the month
under consideration
SQ SAILs (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (In rupees
per tone) for the relevant category of steel supplied by the contractor as prevailing on the first
day of the month in which the steel was purchased by the contractor (or) as prevailing on the
first day of the month in which steel was brought to the site by the contractor whichever is
lower.
SB SAILs ex-works price plus Excise Duty thereof ( in Rs. Per tonne) for the relevant category of
steel supplied by the contractor as prevailing on the first day of the month in which the tender
was opened.
CV Value of cement supplied by contractor as per „on account‟ bill in the quarter under
consideration
CB Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI Bulletin
for the base period.
CQ Index no. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI Bulletin
for the average price index of the 3 months of the quarter under consideration.
Cs RBI Wholesale Price index for cement and lime for the month which is six months prior to
date of casting of foundation.
Co RBI Wholesale Price index for cement and lime for the month which is one month prior to
date of opening of tender.
RT IEEMA Price index for Iron & Steel for the month which is two months prior to date of
inspection of material.
Ro IEEMA Price index for Iron & Steel for the month which is one month prior to date of
opening of tender.
PT IEEMA Price for Copper wire bar for the month which is two months prior to date of
inspection of material.
Po IEEMA Price for Copper wire bar for the month which is one month prior to date of opening
of tender.
ZT IEEMA Price for Zinc for the month which is two months prior to date of inspection of
material.
Zo IEEMA Price for Zinc for the month which is one month prior to date of opening of tender.
IT RBI Wholesale Price index for structural clay products for the month which is two months
prior to date of inspection of material.
Io RBI Wholesale Price index for structural clay products for the month which is one month
prior to date of opening of tender.
46A,8. The demands for escalation of cost shall be allowed on the basis of provisional indices made
available by Reserve Bank of India. Any adjustment needed to be done based on the finally
published indices shall be made as and when they became available.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
:13:
Tender No.E-4/North/2017
46A.9. Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned
in this caluse, based on Sails Ex-Works Price Plus Excise Duty thereof, shall be as under:
Sl.
No.
Category of Steel supplied in Railway
work
Category of Steel produced by SAIL Whose
Ex-works Price Plus Excise Duty Would be
Adopted to Determine Price Variation.
1. Reinforcement bars and other rounds TMT 8mm IS 1786 Fe 415/Fe 500
2. All types and sizes of angles Angle 65x65x6mm IS 2062 E250A SK
3. All types and sizes of plates PM plates above 10-20mm IS 2062 E250A
SK
4. All Types and sizes of channels and
joists Channels 200x75mm IS 2062 E250A SK
5. Any other section of steel not covered
in the above categories and excluding
HTS
Average of price for the 3 categories covered
under SL 1, 2, & 3 above.
46A.10. Price variation During Extended Period of contract.
The price adjustment as worked out above, ie., either increase or decrease shall be applicable
upto the stipulated date of completion of work including the extended period of completion
where such extension has been granted under Clause 17-A Of the General Conditions of
Contract. However, where extension of time has been granted due to contractors failure under
Clause-17B of the General conditions of Contract, price adjustments shall be done as follows:
a) In case the indices increase above the indices applicable to the last month of original
completion period or the extended period under clause 17-A, the price adjustment for the
period of extension granted under Clause 17-B 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 under clause 17-A of the General conditions of contract; as the case may
be.
b) In case the indices fall below the indices applicable to the last month of original/extended
period of completion under caluse 17-A, as the case may be; then the lower indices shall be
adopted for the price adjustment for the period of extension under caluse 17-B of the
General Conditions of Contract.
12 DEDUCTION OF INCOME TAX AT SOURCE
In terms of new Section 194-C inserted by the Finance Act 1972 , in the income tax Act 1961
the Railway shall at the time of arranging payments to the contractor and/or sub contractor(in
the case of sub contractor only when the Railway is responsible for payment of consideration
to him under the contract) for carrying out any work (including supply of labour for carrying
out any work) under the contract be entitled to deduct income tax at source on Income
comprised in the sum of such payments.The deduction towards income tax to be made at
source from the payments due to non-residents shall continue to be governed by Section 195 of
the Income Tax Act 1961.
No Income Tax will be deducted by the Railway on payments made for supply of materials
where such value of supply portion is distinct and ascertainable such as supply of Timber, tiles,
bricks, ballast including track/ballast etc. The deductions towards Income Tax to be made at
source from the payment due to non/residents shall continue to be governed by Section 195 of
the Income Tax Act 1961.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
:14:
Tender No.E-4/North/2017
13 LIABILITY OF CONTRACTOR(S) - ANY DAMAGE SUSTAINED BY RAILWAYS
DURING ACCIDENTS ETC., CAUSED DUE TO CONTRACTOR(S) FAILURES,
FAULT OR NEGLIGENCE.
Railway will post an Engineer-in-charge who may be SSE/SE/JE or Supervisor of any grade at
site for Technical Supervision of the work. This Engineer-in-charge will be responsible for
safety of the traffic. The work shall be executed by the contractor in a workman like manner to
the satisfaction of the Engineer-in-charge. The Contractor and his labour shall be guided by the
instructions of the Engineer-in-Charge. In the event of any accident occurring at the work site
and it is established during the departmental enquiry by the Railway or by Statutory enquiry of
CRS, that the accident occurred wholly or partly due to any act tantamounting to negligence on
the part of the contractor or his labour in not adhering to the instructions of the engineer-in-
charge, the contractor shall render himself liable for damages and also legal prosecution if loss
of life is involved.
14 Implementation of – the Building and other construction Workers (RECS) Act, 1996 and
the Building and other Construction Workers Welfare Cess Act, 1996 in Railway
Contracts.
“The Tenderer for carrying out any construction work in Andhra Pradesh (name of State) must get
themselves registered from the Registering Officer under Section-7 of the Building and other
Construction Workers Act, 1996 and rules made thereto by the Andhra Pradesh (name of State)
Government and submit certificate of registration issued from the Registering Officer of the Andhra
Pradesh (name of the State) Government (Labour Department). For enactment of this act, the
Tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each
bill, Cost of material shall be outside the purview of cess, when supplied under a separate schedule
item.”
ANNEXURE- “III”
WORKS CONTRACT CLAUSE-13
1. In case cement, Steel, AC sheet with or without accessories, GI sheets with or without
accessories, glasses or any other materials/items are issued to the contractor(s)either free of
cost or on cost to be recovered for use on the work as stipulated in the agreement the supply
thereof shall be made in stages depending on the progress of the work, limited to the
quantity /quantities computed by the Railway, according to the prescribed specification and
approved drawings as per agreement.
The materials supplied should conform to Railway‟s Specification in all respects should be
in accordance with approved sample.All such materials supplied to the contractor(s) for the
work either free of charge or on payment as the case may be will be issued to contractor(s) at
the Railway depot/godown/goods shed and will have to be transported by the contractor to
the site of work at his cost. All such materials shall be used by the Contractor for the work in
such quantities as are indicated in the schedule or in the relevant specifications or drawings
or as approved by the Engineer, whose decision thereon shall be final. Wastage or damages
of such materials in any manner shall be totally avoided. The contractor(s) shall be liable to
the accountal for all such materials issued by Railway either free of cost or on payment
excluding the permissible wastage which incase of steel materials should not in any case
exceed 1% of the total quantity required for the work as per the approved drawings. No
wastage under other items is permissible. Short lengths of rods should also be utilized to the
extent possible by overlapping joints.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
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Tender No.E-4/North/2017
The Cement, Steel, A.C.Sheets with or without accessories, G.I sheets with or without
accessories glasses or any other materials issued in excess of the requirement(s) as
above, shall be returned in perfectly good condition by the contractor(s) to the Railway
at the Railway depot/Godown/Goods shed at________immediately after completion or
termination of the contract. If the contractor fails to return the said materials then the
cost of such materials issued in excess of the requirement as computed by Railway
according to the specification and approved drawings will be recovered from the
contractor(s) at twice the prevailing procurement cost at the time of last issue viz., 2 x
(purchases price +5% freight only). This will be without prejudice to the right of
Railway to take action against the contractors under the condition of the contract for not
doing/completing the work according to the prescribed specification and approved
drawings. If it is discovered that the quantity of cement, steel or any other material used
is less than the quantity computed by the Railway, according to specifications and
approved drawings the cost of materials not returned will be recovered at the same rates
as applicable to excess issue of materials, indicated in the preceding para.
2. It shall be the responsibility of the contractor to keep in safe custody any Railway material
plant or equipment issued for the work. The contractor shall at his own expense provide
suitable temporary shed/sheds for this purpose on the Railway land made available by the
Railway free of rent and shall remove the shed/sheds when no longer required in terms of
clause 30 of General conditions of contract.
3. If due to any reason the Railway is not in a position to make available the Railway land the
Railway Engineer-in-charge of the work may permit the contractor to erect at his own cost
shed/sheds or secure private accommodation outside the Railway premises. In such a case
the contractor may be permitted to take the Railway material required for the works outside
the railway premises and to store in the Shed so erected or private accommodation so
secured. It shall be the responsibility of the contractor to keep the railway material in safe
custody and the same should be kept entire separate from the contractors‟ material and the
Railway shall have liberty to inspect the same from time to time.
4. The code Nos. description and rates given in the schedule are based on the printed USSR - 2010, of
S.C.Railway. Any discrepancy noticed during the execution of the work, in the working rates
quantity of cement etc. should be rectified by reference to the printed schedule, which shall be
treated as authoritative and binding on the contract. The relevant notes applicable to the respective
sub chapters will apply to the items of the Tender schedule and should be considered as having been
incorporated in the contract agreement and binding on the Contractor.
5. For any other items not specially shown in the schedule of rates appended to the tender document,
the Divisional/Executive Engineer will offer rates as shown for the_________ zone in the South
central railway printed USSR - 2010, of S.C.Railway subject to the same percentage adjustment
accepted in the contract being applicable to the additional items.
6. Railway shall not supply from its own quota to the contractors controlled or imported commodities.
Assistance will, however given by recommending to appropriate authorities. Contractor applications
for issue of import licenses and release of controlled commodities if the Engineer is satisfied that
this material is actually required by contractor for carrying out the work and is not available in the
country.
7. VARIATION OF COSTS. Price variation clause is not applicable for contract Agreement value
upto Rs.50 lakhs. Time is the essence of contract.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
:16:
Tender No.E-4/North/2017
8. (a)PERIOD OF COMPLETION: The Railway expects that a resourceful and experienced contractor
should be able to complete the work in all respects within the period as specified in the Tender
Notice and in the Schedule where items of work are furnished from the date of letter of
acceptance of the Tender.
(b) Extension of time of completion will be governed by clause 17 of General Conditions of
Contract. However, while granting the extension of time under clause 17(B) of GCC, a token
penalty as deemed fit based on the circumstances of the case can be imposed on the contractor
without prejudice to other rights of Railway Administration as provided under GCC.
9. MAINTENANCE PERIOD: The work shall be maintained after completion for a period as specified
in the Schedule where items of work are furnished by the contractor and he shall make good any
defects, imperfections, shrinkages or faults which may appear at his own cost.
10. It is HEREBY AGREED that it shall be the duty of the contractor to keep himself informed of all
corrections, and amendments of the said General conditions of contract made up to the date of the
execution of these presents and no objection shall be taken by the contractor on the ground that he
was not aware of such amendments and corrections of the said General Conditions of Contract or to
any of them.
11. VARIATION IN CONTRACT QUANTITIES ( As per correction slip No 115 dt 27.01.2017
issued by Dy.GM/G/SC):
The procedure as detailed below shall be adopted for dealing with variations in
quantities during execution of works contracts:
(a) The Railway reserves the right to alter the designs and drawings. If due to change of drawing or
design or any other reasons, there be variations, either increase or decrease in quantities, payment
will be made only for the actual quantities executed at the accepted rates. If there be sufficient cause
the Railway may grant extension of the date of completion suitably. Such circumstances shall in no
way affect or vitiate the contract or alter the character thereof, or entitle the contractor to damages
or compensation thereof except as provided for in this contract.
(b) The quantities of each item of work furnished in the Schedule are approximate and are intended for
the guidance of Tenderer/Contractor. In actual execution of work there may be some increase in the
quantities specified. Such variation upto 25% shall in no degree affect the validity of the contract
and it shall be performed by the contractor as provided therein and be subjected to the same
conditions, stipulations and obligations originally and expressly included and provided for in
specifications and drawings and the amount to be paid there for shall be calculated in accordance
with accepted schedule rates.
(1) Individual NS items in contracts shall be operated with variations of plus or minus 25% and payment
would be made as per the agreement rate. For this, no Finance concurrence would be required.
(2) In case an increase in quantity of an individual item by more than 25% of the agreement quantity is
considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh
tender for operating that item is considered not practicable, quantity of that item may be operated in
excess of 125% of the agreement quantity (100% i.e., the original quantity +25% ie., quantity over
and above the original quantity) subject to the following conditions.
(a) Since there is an inbuilt rate reduction clause of 2% and 4% for variation between 125% and
140% & between 140% and 150% respectively on the accepted rates it will only require the
prior approval of an officer not below the rank of SAG without finance concurrence subject to
other conditions mentioned in clause 42(4) of GCC 2014.
However, a supplementary agreement / addendum to original agreement should be drawn
subsequent to sanction of the variation by an officer not below the rank of SAG, which needs to
be vetted by Associate finance.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
:17:
Tender No.E-4/North/2017
(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the
concerned item, shall be paid at 98% of the rate awarded for that item in that particular
tender;
(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the
concerned item shall be paid at 96% of the rate awarded for that item in that particular
tender;
(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be
permitted only in exceptional unavoidable circumstances with the concurrence of
associate finance and shall be paid at 96% of the rate awarded for that item in that
particular tender.
(b) The variation in quantities as per the above formula will apply only to the Individual items of
the contract and not on the overall contract value.
(c) Execution of quantities beyond 150% of the overall agreement value should not be permitted
and, if found necessary should be only through fresh tenders or by negotiating with existing
contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C) and approval of
General Manager.
(3) The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for
other items). A minor value item for this purpose is defined as an item whose original agreement
value is less than 1% of the total original agreement value.
(4) No such quantity variation limit shall apply for foundation items.
(5) As far as SSR/SOR items are concerned, the limit of 25% would apply to the value of SSR/SOR
schedule as a whole and not on individual SSR/SOR items. However, in case of NS items, the limit
of 25% would apply on the individual items irrespective of the manner of quoting the rate (single
percentage rate or individual item rate).
(6) For the tenders accepted at the Zonal Railways level, variations in the quantities will be approved by
the authority in whose powers revised value of the agreement lies.
(7) For tenders accepted by General Manager, variations upto 125% of the original agreement value may
be accepted by General Manager.
(8) For tenders accepted by Board Members and Railway Ministers variations upto 110% of the original
agreement value may be accepted by General Manager.
(9) The aspect of vitiation of tender with respect to variation in quantities should be checked and
avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract
agreement) sanction of the competent authority as per single tender should be obtained.
(10) In zonal contracts variation in the contract should not exceed 25% of the contract value or 2 lakhs,
whichever is higher.
(11) Revision to contract value shall be proposed by way of a variation statement. In all the cases, where
negotiations are required to be held, appropriate tender committee recommendation will be drawn
and put up to competent authority.
(12) Gross value of the agreement due to the variation shall be taken for arriving at the competency of
sanction. While working out the gross value, savings, if any, shall not be taken into account.
(13) In cases where decrease is involved during execution of contract:
(a) The contract signing authority can decrease the items upto 25% of individual item without
finance concurrence.
(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the
approval of an officer not less than rank of S.A. Grade may be taken, after obtaining „No claim
certificate‟ from the contractor and with finance concurrence giving detailed reasons for each
such decrease in the quantities.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
:18:
Tender No.E-4/North/2017
(c) It should be certified that the quantities proposed to be reduced will not be required in the same
work at a later stage.
(d) In the event of any reduction in the quantity to be executed for any reasons whatsoever, the
contractor shall not be entitled to any compensation but shall be paid only for the actual amount
of work done.
(e) The contractor is bound to notify the Engineer at least seven days before the necessity arises for
the execution of any item in excess of 25% of the overall value of the agreement.
(14) In case the contractor fails to attend the meeting after being notified to do so or in the event
of no settlement being arrived at, the Railway shall be entitled to execute the extra works by
other means and the contractor shall have no claim for loss or damage that result from such
procedure.
9 12)Employment of Civil Engineering Graduates/Diploma-holders:
The contractor shall employ the following technical staff during the execution of this work.
i) One graduate engineer when the cost of the work to be executed is Rs.2 Crores and above.
ii) One qualified diploma holder (over-seer) when the cost of the work to be executed is more
than Rs.25 lakhs but less than Rs.2 Crores. Technical staff should be available at site whenever
required by the Engineer-in-charge to take instructions. In case the contractor fails to employ
the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a
sum of Rs.40,000/- (forty thousand only) for each month of default in case of graduate
engineer and Rs.25,000/- (twenty five thousand only) for each month of default in case of
diploma holder (over-seer)
(Modification of Cl.26 and introduction of new Cl.26A to IR‟s GCC Ref: Rly. Bd. Lr.No.2012/CE-
I/CT/0/20, dt.10.05.2013.)
The decision of the Engineer-in-charge as to the period for which the required technical staff was not
employed by the contractor and as to the reasonableness of the amount to be deducted on this account shall
be final and binding on the contractor.
iii) Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall also be
considered as qualified Diploma holder Engineers and contractors for track contract works can
employ such individuals at their worksite on Indian Railways.(Ref: Rly. Bd. Lr.No.2012/CE-
I/CT/0/20, dt.12.07.2013.)
Note: The above clause is not applicable for contracts for Welding of Rail joints.
13) Railway Contractors / Extension of Provident Fund Act to the Employees working under Railway
Contractors:-
The Contractor shall comply with the provisions of EPF & MP Act, 1952 and obtain code
number from the concerned authorities whenever workmen employed by him are 20 or more. He
shall also indemnify Railways from and against any claim, penalties, recoveries under the above
Act and Rules. Contractors to get the code number under the EPF so as to enable the PF
Commissioners to extend the social security benefits to the workmen engaged by the Railway
contractors. The first month‟s bill will be released only after code number is taken from the PF
Office and a copy of coverage intimation produced. Subsequently for each month, bills will be
released only on submission of challans & 12 A monthly return copy in proof of remittance of PF
dues for previous month.”
14) Conservancy charges as applicable and as modified from time to time will be recovered from
Contractor’s running bills.
Signature of the Tenderer/ Sr. Divisional Engineer/North
Contractor S.C.Railway/Vijayawada
:19:
Tender No.E-4/North/2017
15. Service Tax ( ref. FA&CAO/G/SC letter No AXP/Service Tax dt.15.12.2016 communicated vide
PCE/SC letter No W.417/P/Pilot/Vol. III dt 05.01.2017)
15.1 Liability to pay:
The service receiver (SR), in certain services (eg. Legal services by advocates SR=100%,
Renting/Hiring of a motor vehicle = SR=40%, Man power services SR=100%, Services
provided in service portion in execution of works contracts SR=50%), has been made liable to
pay service tax for the services received. This is colloquially called as „Reverse Charge
Mechanism‟.
For the services rendered by any individual, Hindu undivided family or partnership firm,
whether registered or not, including association of persons, located in the taxable territory to a
business entity registered as body corporate, located in the taxable territory, then that body
corporate is liable to pay/remit service tax under Reverse Charge rule.
Since Railway is not a business entity registered as a body corporate, but is a Government
department, the reverse charge would not be attracted and there is no need to pay service tax by
the Railways as a recipient. The service tax shall be liable to be discharged by the service
provider.
15.2
Sl No Nature of Contract Taxability
01 Face to Face Enquiry Taxable: Man Power Supply
02 Bedroll Distribution Taxable: Man Power Supply
03 On Board House Keeping Non-Taxable: Sl No. 25 of Exemption
Notification No 25/2012-ST
04 Clean train station Non-Taxable: Sl No. 25 of Exemption
Notification No 25/2012-ST
05 Clealiness & Garbage Disposal, Pest &
Rodent Cotrol/Disinfestation
Non-Taxable: Sl No. 25 of Exemption
Notification No 25/2012-ST
06 Rodent Control/Disinfestation Non-Taxable: Sl No. 25 of Exemption
Notification No 25/2012-ST
07 Rag Picking & Disposal Non-Taxable: Sl No. 25 of Exemption
Notification No 25/2012-ST
08 Loading of sand in sanders in Locos Taxable: Man Power Supply.
09 Data Entry Taxable: Man Power Supply
10 Catering Housekeeping & Upkeep Taxable: Man Power Supply
11 Work of erstwhile box boys Taxable: Man Power Supply
12 Gate Mitra/ Safety Counsellors Taxable: Man Power Supply
13 Manning of OHE & PSI depots Taxable: Man Power Supply
14 TSS operators Taxable: Man Power Supply
15 Security Guards Taxable: Man Power Supply
16 Rain Gauge Manning Taxable: Man Power Supply
17 AMCs Taxable: Annual Maintenance Contract
18 Garden Maintenance Taxable: Man Power Supply.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada
Tender No.E-4/North/2017
:20:
SPECIAL CONDITIONS
MODIFICATION TO CLAUSE 63 & 64 OF
GENERAL CONDITIONS OF CONTRACT
1 The Provision of Clause 63 and 64 of the General Conditions of Contract will be applicable only
for settlement of claims /disputes, for values less than or equal to 20% of the original value
(excluding the cost of materials supplied free by Railway) of the contract or 20% of the actual
value of the work done (excluding the value of the work rejected) under the contract whichever is
less. When claims/disputes are of value more than 20% of the value of the original contract or
20% of the value of the actual work done under the contract, whichever is less, the contractor will
not be entitled to seek such disputes/claims for reference to arbitration and the provisions of
Clause No; 63 &64 of the General Conditions of Contract will not be applicable for referring the
disputes to be settled through arbitration.
2 The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of General
Conditions of Contract. But the Contractor should seek reference to arbitration to settle the
disputes only once, subject to the conditions as per Para 1.
3 The Special conditions shall prevail over the existing Clause 63 & 64 of General Conditions of
contract.
Signature of the Tenderer/ Sr. Divisional Engineer/North Contractor S.C.Railway/Vijayawada