INVITATION
TO TENDERER AND CONDITIONS OF TENDER:
M/s. Konkan
Railway Corporation Limited
(hereinafter referred to as KRCL or the Corporation) represented by Controller of Stores, Navi Mumbai invite tender
for the disposal of ---------------------------------------------------------- as
per details are annexed at Annexure-E subject to the terms & condition set out below
and in the Annexure A.
1. SUBMISSION
OF TENDER:
Tenders
must be submitted in the prescribed form and the envelopes containing them must be sealed,
and endorsed “Tender No. ST/20/____________ Due on __________ for the purchase
of material detailed in the schedules. Tenderer
must be addressed to the Controller of Stores, Konkan Railway Corp. Ltd., Raigad Bhavan, 8th
Floor, Sector-11, CBD Belapur, Navi Mumbai-400 614, in advance of the date and time
specified in para 9 below.
2. Tenderer including to handing their tenders
at the office of the Controller of Stores, Konkan Railway Corporation Limited, Mumbai-400
614 must drop them in the appropriate tender box kept in the office. In case of tenderer who desire to forward their
tenders through post, the same must be dispatched through REGISTERED POST/ COURIERS
sufficiently in advance of the date mentioned in para 9.
The tenderer should sign each page of the tender documents and indicate on the
tender form in what capacity and authority they sign.
The power of attorney should be submitted along with the tender.
3. ACCEPTANCE
OF TENDER:
The Corporation does not bind itself to
accept the highest or any tender nor to assign any reason for non-acceptance.
4.
EARNEST
MONEY/BID GUANTEE:
The
Tenderer must enclose with the tender documents (towards Earnest Money).
a. A demand draft of Rs. -----------/- in
favour of “FA & CAO/KRCL/Belapur, Navi Mumbai,” payable at Navi Mumbai from
a nationalized/approved Scheduled Bank or a reputable Commercial Bank of tenderers country
acceptable to KRCL.
or
- a bank guarantee for
Rs. ------------/- from a schedule or National Bank or a reputable commercial Bank of the
tenderers country acceptable to KRCL in the Performa given in Aneexure-B-1. The Bank
Guarantee should be valid for 6 months from the date of issue. No interest will be payable
on Earnest money Bid Guarantee.
The Earnest Money of
the successful Tenders will be returned after the requisite Security Deposit/Performance
Guarantee as required is furnished.
If the tenderer after submission of his
tender subsequently refuses to abide by his offer or fails to furnish requisite amount of
Security Deposit/Performance Guarantee, the Earnest Money will be forfeited by KRCL.
CHEQUES WILL NOT BE ACCEPTED TOWARDS
EARNEST MONEY: Offers without Earnest Money deposits are likely
to be summarily rejected as non-responsive. No
correspondence will be considered.
The Earnest Money of unsuccessful tenderers
will be returned after finalization of tender.
5.
SECURITY
DEPOSIT/PERFORMANCE GUARANTEE:
The successful
tenderer will have to deposit 10% of the value of the stores as per contracts within 14
days after written notice of acceptance of the tender has been posted to him towards
Security Deposit/Performance Guarantee in any mode of payment as brought out in Annexure
“B” for satisfactory completion of the contract.
No payment will be accepted on Sunday and Holiday when the office is closed. No interest shall be payable on Security
Deposit/Performance Guarantee.
The Security Deposit
will be refundable:
(i) On due
fulfillment of the contract.
AND
(ii) On submission of a No Claim Certificate
by the contractor to the effect that the
Contractor has received all dues arising out of
this contact and that he has no claim whatsoever on the KRCL against the contract. In addition the Indian contractor will also have
to submit a valid Income Tax Clearance Certificate for claiming refund of Security
Deposit.
6.
Neither
the standing deposit, if any lodged with the KRCL or any other deposit against any other
tender shall be accepted for the purpose of this tender. Tenderer are requested to keep
the offer open for acceptance for 120 days from the date of opening of tender.
7.
NO
ALTERATIONS/ADDITIONS:
No alterations, erasure, or overwriting are
permitted on the tender form. The tenders
with an alteration, erasures, or over-writings are liable to be passed over and rejected.
8.
The
Tenderer must quote his rate for the items in the Schedule.
The rates must be quoted both in words and figures and should confirm to the units
specified in the tender. Failure to do so
will render the tender liable to be passed over and rejected.
9.
OPENING
OF TENDER:
Tenders will be received at the office of
the Controller of Stores, Konkan Railway Corporation Limited, Raigad Bhavan, CBD Belapur,
Navi Mumbai up to 15.00 hrs. on -----------.and will be opened at 15.30 hrs. on the same
date or if due to any
reason which in the sole opinion of the KRCL is sufficient to postpone the opening of the
tender on such date, then on any other day as may be fixed by the Controller of Stores,
Konkan Railway Corporation Limited or any other officer authorized by him on his behalf,
in the presence of any tenderers who may wish to be present and not separate notice will
be given to Tenderers.
10. INSPECTION
OF MATERIAL:
Tenderers are advised in their own interest
to inspect Material (s) offered for sale since details of the description and quality are
given as a rough guide for identification only.
11. ADVANCE
ACCEPTANCE OF TENDER:
The successful Tenderer will be notified in
writing by the KRCL of the acceptance of his tender.
The letter of acceptance will be sent by Registered Post/Speed Post or in case of
local firms, by hand delivery to the addresses furnished by the Tenderer or Under
Certificate of posting.
12. IMPLICATION:
The submission of
the tender will be deemed to imply that these tender conditions and all documents attached
herewith (including the prescribed form of the Agreement) have been studied and understood
by the Tenderers and that the Tenderer is aware of the full scope of work to be done and
the conditions effecting the execution thereof.
13. All
Tenderers must sign below their written offers in the space provided for purpose in the
Schedule and the agreement form annexed hereto.
14. Tenders
not complying with any of the above mentioned conditions are liable to be rejected.
For Controller of Stores
Konkan Railway
Corporation Limited
Read and
accepted:
(Signature
of the Tenderer)
Name:
………………………………….
Full
address:
……………………………………………
……………………………………………
(Please
sign all the tender papers)
ANNEXURE
A
TERMS AND CONDITIONS OF THE CONTRACT
1. The
Contract shall be deemed to have come into force on the date of issue of letter of
acceptance advising the tenderer acceptance of his offer and shall remain in force till
the stipulated or extended delivery period as the case may be.
2. The
Material offered for sale, as per the details available in Annexure
“(enclosed)”, during the period of the contract shall be purchased by the
contractor at the rate stipulated in the schedule and accepted by Konkan Railway
Corporation Limited, provided always that Contractor shall pay the KRCL for the stores at
the rate mentioned in the said schedule and before the removal thereof from the said
locations from which the materials are required to be so removed, provided also that there
shall be no objection on the part of the Contractor on the ground of quality, nature,
quantity of the materials not being according to the expectations of the contractor or on
any other grounds whatsoever.
3. In the
event of failure on the part of the contractor to pay in advance in full at the rate of
aforesaid and to remove the material within the time stipulated in the Clause 6 hereof,
KRCL, without further reference to the contractor shall have the right to re-sale such
material to any person or persons, firm, corporation, company either by tenders or by
auction at the sole discretion of the Controller of Stores, Konkan Railway Corporation
Limited or any officer authorised by him at the risk and cost of the contractor and that
KRCL shall also be entitled to recover the loss incurred as a result of such re-sale and
all costs and expenses in connection with re-sale of materials.
4. Only the
terms and conditions herein contained and contained in the Schedule annexed to this
agreement and the conditions of tender shall govern this contract. No variations or alterations are endorsed on the
contract and embodied in supplemental instruments signed on behalf of the KRCL by an
officer duly authorized for the purpose.
5. The power
conferred upon KRCL under these present and all notices, consents, directions, discretions
and approvals to be exercised or given by the KRCL under these presents shall be exercised
and given on behalf of the KRCL by the Controller of Stores, Konkan Railway Corporation
Limited or any other officer deputed by him for the purpose.
6. Payment
towards the cost of the Material offered for sale shall be made by the purchasers in one
installment only within 15 days from the date of placement of contract by the Controller
of Stores, Konkan Railway Corporation Limited.
The
Controller of Stores, KRCL Belapur may at his sole discretion extend the date for making
payments subject to levy of interest charges @ 24% per annum on payments due leviable from
the stipulated date of payment to actual date of payment.
Contractor
must affect removal of the material within 30 days from the originally stipulated date of
payment or actual date of payment whichever is earlier.
7. Delivery
of the material will be effected by the stock holder on production of copy of receipt
issued by Financial Advisor and Chief Accounts Office FA&CAO, Konkan Railway
Corporation Limited, Belapur showing that all payments in respect of the material sought
to be removed have been made. If the
contractor desires to take delivery of the material through his representative, he will be
required to submit to the stock holder or officer giving delivery, the Power of Attorney
duly executed by the contractor on a non-judicial stamp paper of appropriate denominations
in favour of the representative and duly authenticated by a Notary Public or a Law Court
or a Judge or a Magistrate.
8. Delivery
of the material will only be given between 9.00 AM to 1.00 PM & between 2.00 PM to
5.00 PM on any working day. No delivery will
be given on Sunday, Gazetted holidays and or
holidays observed by the Corporation.
9. The KRCL
may at any time suspend the delivery without giving any reason, thereof or incurring any
liability in respect thereof but in such case the contractor shall be entitled to an
extension of time equivalent to the total period of suspension, save as in this clause
provided, no request for an extension of time will be considered.
10. In the
event of the contractor failing to effect complete removal of the material within the time
aforesaid allowed for such removal from the place where the Material is stationed, the
Controller of Stores, KRCL, Belapur may at his discretion extend the period for removal
but the contractor shall be liable from the date of expiry of the aforementioned period to
pay charges on the value of all such materials not removed at the rate of 1% per week
until such time the delivery has been affected in full.
In the event of the contractor failure to pay
for and remove the materials within the specified time it will be lawful for the
Controller of Stores, KRCL, to cancel the whole contract or such portion thereof as may
not have been completed and forfeit the amount paid if any to the Financial Advisor and
Chief Accounts Officer, KRCL, Belapur. He
will also be at liberty to sale the material at the risk and expense of the contractor
towards the cost of materials. In addition
the Security deposit shall also be liable to be forfeited.
11. The
contractor will make his own arrangements for taking the delivery of the materials. KRCL’s labour /equipment will not be provided
for this purpose. The Contractor will be
permitted to bring his own labour/equipment to handle or load the material purchased by
him. The contractor shall also make his own
arrangements for the Insurance Cover if required for the material purchased by him.
12. The
contractor shall not assign or sublet the whole or any part of this contract or benefit
thereunder without the permission of the KRCL being in each case first obtained in
writing, provided that the KRCL shall not be bound to grant such consent.
13. If the
contractor fails to fulfil and observe all or any of the part of terms and conditions of
this contract and on the part of the contractor to be observed, fulfilled and performed to
the satisfaction of the KRCL, the Controller of Stores, shall have the right to terminate
and rescind the contract any time without giving any notice to the contractor and such
termination shall always be deemed to be without prejudice to the right and remedies of
the KRCL, in respect of the contractor’s default under this contract.
14. The site
engineer of the site where the Material is stationed shall have the right to refuse
admission to the site for removal of the material, any person employed by the contractor
whom he may considerable undesirable.
15. The right
and remedies given to the KRCL by the conditions herein contained shall be in addition to
and not substitution for any rights and remedies to which the KRCL may be entitled under
the law.
16. The KRCL
shall have the right to retain out of the money payable by the KRCL to the contractor
under any contract amount equal to the claim of KRCL, if any, under this contract whether
such claim is liquidated or not. The KRCL
shall also have the right to retain and appropriate out of the money payable to the
contractor under this contract, amount equal to the claim of the KRCL, under any other
contract whether such claims are liquidated or not.
17. The stores
will remain as KRCL’s property until all the conditions of sale are fulfilled. The mere payment towards the cost of the materials
does not constitute the complete purchase. The
materials will become the property of the purchaser only after sale has been completed and
stores have been removed from the premises of Konkan Railway or despatched according to
the instructions of the purchaser.
18. In the
event of its being impossible for the KRCL administration to complete the delivery after
payment has been made for any reasons whatsoever, the refund of the value of the
undelivered goods will be made to the purchaser who will have no claim for further
compensation from the KRCL.
19. The
contractor shall not offer or give or agree to give to any person in the employment of the
KRCL or working under the orders of the KRCL any gift or consideration of any kind as an
inducement or reward for doing or for bearing to do or for having done or for borne to do
any act in relation to the obtaining or execution of the contract or any other contract
with the KRCL for showing any favour or for bearing to show disfavour to any person in
relation to the contract or any other contract with the KRCL. Any breach of the aforesaid condition by the
Contractor, or any one employed by his acting on his behalf (whether with or without the
knowledge of the contractor) or the commission of any offence by the contractor or by any
one employed by him or acting on his behalf under Chapter IX of the Indian Penal Code,
1860 or the Prevention of Corruption Act, 1947 or any other act enacted for the prevention
of corruption by public servants shall entitle the KRCL to cancel the contract and all or
any other contracts with the contractor and to recover from the contractor the amount of
any loss arising from such cancellation to the extent as provided for in case of
cancellation under any other clause herein contained.
20. The
contractor shall be responsible for the good conduct behavior, and safety of the labourers
from the time they enter to the premises of the KRCL for the work relating to this
contract till the time they quit the said premises.
21. KRCL shall
not be responsible for any accident that may occur to the contractor labourers and
employees due to any reason whatsoever.
22. The
contractor shall reimburse on demand to the KRCL any loss or damages done to any property
or personnel of the KRCL caused directly or indirectly by the Contractor’s labourers
whether or not arising from negligence or want of caution and care on their part and the
decision of the Controller of Stores, KRCL, Belapur for the time being as to whether any
loss to the KRCL’s property or personnel has been caused by the contractor’s
labourers, agents or employees and as to the amount of such loss shall be final and
binding on the contractor and shall never be disputed by him.
23. In
addition of any indemnity provided by law, he shall indemnify the KRCL against all
liabilities whatsoever to pay compensation under Workmen’s Compensation Act-1923 or
any amending act in respect to any accident to any of the workmen employed by him or
compensation in respect of any claim received out of or in the course of the works
contemplated by this contract and against all costs charged and expenses incurred or
suffered by the KRCL in or about the matter.
24. The rights
and remedies given by these conditions to the KRCL shall be in addition to and not in
substitution for any right and remedies to which the KRCL may be entitled by law or by
virtue of any other conditions of this tender.
25. If during
the continuance of this contract the contractor will die or be adjudicated insolvent or
being a firm, any of the partners is adjudicated insolvent or if the contractor being a
company shall go into liquidation whether voluntary or compulsory save for the purpose of
amalgamation or reconstructions, this contract shall absolutely cease to have any effect
or force and be determined and the legal representative of the contractor or his assignees
to insolvency or in the case of company, the liquidator shall have no interest whatsoever
under this contract, other than the security deposit subject to the provisions herein
contained as to the same, provided that nothing in this clause contained shall be deemed
to prejudice or to effect any claim which the KRCL may have against such representatives,
assigners or liquidators for or in respect of any breach of this contract by the
contractor or in respect of any right or set off or indemnity or other rights whatsoever
available to the KRCL under this contract.
26. Any notice
to be served on the contractor shall be deemed to be sufficiently served if delivered to,
left at or sent by Registered Post addressed to the Contractor at his last known place of
business. Any notice to be served by the
contractor on the KRCL shall be deemed to be sufficiently served if left at or sent by
Registered Post addressed to the Controller of Stores, KRCL, Navi Mumbai.
27. a) In the
event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in
connection with this contract (except as to any matters the decision of which is specially
provided for by these or the special conditions) the same shall be referred to the sole
arbitration of an executive of the Konkan Railway Corporation Limited, appointed to be the
arbitrator, by the Chairman & Managing Director of the Konkan Railway Corporation
Limited. The executive of the Konkan Railway
Corporation Limited to be appointed as arbitrator however will not be one of those who had
an opportunity to deal with the matters to which the contract related or who in the course
of their duties as officials of the Konkan Railway Corporation Limited have expressed
views on all or any of the matters under dispute or difference. The award of the arbitrator shall be final and
binding on the parties to this contract.
b) In the event of the arbitrator dying,
neglecting or refusing to act or resigning or being unable to act for any reasons or his
award being set abide by the court for any reason, it shall be lawful for the authority
appointing the arbitrator to appoint another arbitrator in place of the outgoing
arbitrator in the manner aforesaid.
c) It is further a term of this contract that
no person other than the person appointed by the authority as aforesaid should act a
arbitrator and that if for any reason that is not possible, the matter is not to be
referred to arbitration at all.
d) The arbitrator may from time to time with
the consent of all the parties to the contract enlarge the time for making the award.
e) Upon every and any such reference, the
assessment of the cost incidental to the reference and award respectively shall be in the
discretion of the arbitrator.
f) Subject as aforesaid, the Arbitration Act
1940 and the rules thereunder and any statutory modifications thereof for the time being
in force shall be deemed to apply to the arbitration proceedings under this clause.
g) The venue of arbitration shall be the place
from which the acceptance note is issued or such other place as the arbitrator at his
discretion may determine.
h) In this clause the authority, to appoint the
arbitrator includes, if there be not such authority, the officer who is for the time being
discharging the functions of that authority, whether in addition to other functions or
otherwise.
28. Time shall
be deemed to be the essence of the contract.
29. The KRCL
reserves to himself the right to retain and set off against any sums which may be due to
the contractor hereunder by claim which the KRCL may have under this or any other
agreement.
30. a) This
contract shall be governed by the Laws of India for the time being in force.
b) Irrespective
of the place of delivery, the place of performance or place of payment under the contract,
the contract shall be deemed to have been made at the place from which the acceptance
tender has been issued.
c) The courts
of the place where the acceptance of tender has been issued shall alone have jurisdiction
to decide any dispute arising out of or in respect of the contract.
ANNEXURE B
INSTRUCTIONS TO
TENDERERS IN REGARD TO DEPOSITS
The following forms
of payment are acceptable towards Earnest Money Deposit and Security Deposit. No interest will be allowed on the Earnest Money
or Security Deposit.
1. EARNEST
MONEY DEPOSIT: The
alternative forms in which Earnest Money to be deposited with the tender to be accepted
are as under:
a) Demand
Draft in favour of “FA&CAO/KRCL/Belapur, Navi Mumbai” payable at Mumbai/Navi
Mumbai (INDIA) from Nationalized/approved Scheduled Bank or a reputable Commercial Bank of
the Tenderers country acceptable to KRCL.
or
b) Bank
Guarantee issued by approved Schedule Bank/Nationalized Bank or a reputable Commercial
Bank of Tenderers country acceptable to KRCL in the format given in Annexure B-1.
2. SECURITY
DEPOSIT: The
alternative forms in which security deposits for the due performance of the contract will
be accepted are given below:
a) Demand drafts of Nationalised/Approved Scheduled
Bank of a reputable Commercial Bank of Tenderers
country acceptable to KRCL in favour of “FA&CAO/KRCL, Navi Mumbai” payable
at Mumbai/Navi Mumbai (INDIA).
or
b) Bank Guarantee issued by Nationalised/Approved
Scheduled Banks or reputable Commercial Bank of Tenderers country acceptable to KRCL in
the format given in Annexure B-1. The Bank
Guarantee should be countersigned by the Reserve Bank of India or the State Bank of India
if furnished from a foreign Bank. The
expenses to be incurred for counter signature shall be borne by the Contractor.
NOTE: In
no circumstances Cheque will be accepted towards either EARNEST MONEY DEPOSIT OR SECURITY
DEPOSIT.
ANNEXURE B-1
FORMAT OF BANK
GUARANTEE FOR EARNESET MONEY DEPOSIT/SECURITY DEPOSIT
1. In consideration of the Controller of
Stores, KRCL, Navi Mumbai (herein after called “The KRCL” having agreed to
exempt
……………………………………………….
(Hereinafter called “the said contractor(s)” from the demand, under the terms
and conditions of an Agreement No…………… dated
……………made between
……………………………and
………………………………….. for
…………… (herein after called “the said Agreement”), of
Security deposit for the due fulfillment by the said contractors of the terms and
conditions contained in the said Agreement, on production of a Bank Guarantee for
……………………………………..
(indicate the amount in figures and words).
2. We,
…………………. (Name of the bank) herein referred to as
“the Bank” at the request of
……………………….. (contractors) do hereby undertake
to pay to the KRCL an amount not exceeding Rs………………….
(indicate the amount in figures and words) against any loss or damage caused to or
suffered or would be caused to or suffered by KRCL by reason of any breach by the said
contractor of any of the terms and conditions contained in the said Agreement.
3. We,
……………………… (Name of the Bank) do hereby
undertake to pay the amounts due and payable under this guarantee without any demur merely
on a demand from KRCL stating that the amount claimed is due by way of loss or damaged
caused to or would be caused to or suffered by the KRCL by reason of breach by the said
contractor(s) of any of the terms and conditions contained in the said agreement. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall
be restricted to an amount not exceeding
Rs……………………………… (indicate the
amount in figures and words).
4. We
undertake to pay to the KRCL, any money so demanded notwithstanding any dispute or
disputes raised by the contractors in any suit or proceedings pending before any court or
tribunal relating thereto our liability under this present being absolute and unequivocal.
5. The
payment so made by us under this bond shall be a valid discharge of our liability for
payment thereunder and the contractor(s) shall have no claim against us for making such
payment.
6. We,
…………………………(Name of the Bank) further
agree that the guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said agreement and that it shall
continue to be enforceable till all the dues or discharged or till the Controller of
Stores, KRCL, Navi Mumbai certifies that the terms and conditions of the said agreement
have been fully and properly carried out by the said contractor(s) and accordingly
discharges this guarantee. Unless a demand or
claim under this guarantee is made on us in writing on or before the
………………………, we shall be discharged from all
liability under this guarantee thereafter.
7. We,
………………………….. further agree with the KRCL
that the KRCL shall have the fullest liberty without our consent and without effecting in
any manner our obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend time of performance by the said contractor(s) from time to time or
to postpone for any time / or from time to time any of the powers exercisable by the KRCL
against the said contractor(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason
of any such variation or extension being granted to the said contractor(s) or for any
forbearance, act or omission on the part of the KRCL or any indulgence by the KRCL to the
said contractor(s) or by any such matter or thing whatsoever which under the law relating
to sureties would, but for this provision, have effect to relieving us.
8. This
guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor(s).
9. We,
……………………………… (Name of the
Bank) lastly undertake not to revoke this guarantee during its currently except with the
previous consent of the KRCL in writing.
Dated
…………………………….. day of
……………………………
For
………………………………………………………………………………
(Indicate
Name of the Bank)