BLT Bid DOC 29 - 09 - 2022
BLT Bid DOC 29 - 09 - 2022
BLT Bid DOC 29 - 09 - 2022
SEPTEMBER 2022
Page 1 of 2
SECTION CONTENTS
4 Terms of Reference
Page 2 of 2
RAIL VIKAS NIGAM LIMITED
(A Government of India Enterprise)
SECTION 1
1. RAIL VIKAS NIGAM LIMITED (RVNL), having its Corporate office at 1st
Floor August Kranti Bhavan, Bhikaji Cama Place, New Delhi – 110066,
India is a Public Sector Enterprise set up as a wholly owned Government
Company under the provisions of Section 617 of Companies Act., invites
proposals under single stage Two packet system, from experienced and
reputed firms, that are registered in India, for the following consultancy
services:
Please note that, drawings, if any, referred to in the RFP document, but not
uploaded with the RFP document, can be viewed in this office on any working
Section 1 Page 1 of 5
day. The Tenderer can also have a copy of the same on payment of non-
refundable cost of Rs. 5,000/- (Rupees Five Thousand only) by a crossed
Demand Draft on any Scheduled bank payable at New Delhi drawn in favor of
Rail Vikas Nigam Limited, New Delhi.
In case of MSEs, they should upload the scanned copies of their registration
in place of scanned copy of Bank Guarantee. In case the consultant opts to
submit proposal security declaration, as per format given in Section-3, they
should upload the scanned copies of their declaration in place of scanned
copy of Bank Guarantee.
Section 1 Page 2 of 5
6. REGISTRATION
c. Consultants are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for any
communication with the bidder.
a. There are various search options built in the e-bid Portal, to facilitate
consultants to search active proposals by several parameters. These
parameters could include Proposal ID, Item/work id, Title, Date, etc.
b. Once the consultants have selected the proposals they are interested in,
the consultant can pay non-refundable processing fee of Rs. 7500 + 18
% GST by net-banking / Debit / Credit card and then download the
required documents / Proposal documents etc. Once processing fee is
paid, it will be moved to the respective “requested” Tab. This would
enable the e-bid Portal to intimate the consultants through e-mail in case
there is any addendum and corrigendum issued to the proposal
document.
Section 1 Page 3 of 5
8. PRCAUTIONS FOR SUBMITTING / PREPRATION OF PROPOSALS THROUGH
E TENDERING PORTAL
b. To avoid the time and effort required in uploading the same set of
standard documents which are required to be submitted as a part of
every proposal, a provision of uploading such standard documents (e.g.
PAN card copy, annual reports, auditor certificates etc.) has been
provided to the consultants. Consultants can use “My Documents”
available to them to upload such documents.
d. Consultant should log into the website well in advance for the
submission of the proposal so that it gets uploaded well in time i.e. on
or before the proposal submission time. Consultant will be responsible
for any delay due to other issues.
e. The consultant has to digitally sign and upload the required proposal
documents one by one as indicated in the bidding document.
h. Upon the successful and timely submission of bid click “Complete” (i.e.
after Clicking “Submit” in the portal), the portal will give a successful
proposal submission acknowledgement & a proposal summary will be
Section 1 Page 4 of 5
displayed with the unique id and date & time of submission of the
proposal with all other relevant details.
10. A Consultant will be selected under Quality and Cost Based Selection
(QCBS) method by giving weightage to and adding the Technical &
Financial evaluation scores. Detailed method and procedures including
weightage for Technical and Financial score are described in ‘Section 2 –
Instruction to Consultants (ITC) including Data Sheet and Hurdle Criteria of
the RFP.
For any Query regarding e tendering portal / Bid submission please contact
helpdesk.
Number 011-49606060,
Email: helpdeskeuniwizarde@gmail.com,
Mr. Anand Kumar - +91 9355030602,
Mr. Amrendra - +91 9355030628,
Mr. Satyam Kumar Rai - +91 9355030633
Section 1 Page 5 of 5
CONSULTANCY SERVICES
FOR
Engagement of Ballastless Track Structure “System Provider and Designer”
to provide detailed Design and support for installation of Ballastless track
“In tunnels, bridges and formations including all yards between chainage
Km 5+662 (FLS) to chainage Km 125+200 (FLS)
in connection with new BG line
Between Rishikesh and Karanprayag in the state of Uttarakhand, India.”
SECTION 2
Section 2 Page 1 of 40
CONTENTS OF SECTION 2
1 Instructions to Consultants 5 to 33
Section 2 Page 2 of 40
CONTENTS
Section 2 Page 3 of 40
Clause Sub-Clause Particulars Page No.
6. - NEGOTIATIONS 29
7. - CONFIDENTIALITY 330
8. - AWARD OF CONTRACT 30
9. - NOTIFICATION OF AWARD 30
10. - SIGNING OF CONTRACT 30
11. - PERFORMANCE SECURITY 31
12. - CONTRACT COMMENCEMENT DATE 31
13. - TIME OF COMPLETION 32
14. - JURISDICTION OF COURT 32
15. - SPECIAL PROVISION FOR MSEs 32
Data Sheet 34
Attachment 1 to Data Sheet: Hurdle Criteria 37
Annexure 1 Attachment 2 to Data Sheet: Facilities for the
39
Consultant during Pre-Construction
Attachment 3 to Data Sheet: Facilities for the
40
Consultant during Construction
Section 2 Page 4 of 40
INSTRUCTIONS TO CONSULTANTS
1 INTRODUCTION
1.1 Background: Rail Vikas Nigam Limited is a Public Sector Enterprise created by
Ministry of Railways, Government of India, and has been vested with the
responsibility of implementing this Project. Funds for this project will be provided by
Ministry of Railways Government of India. The status and scope of work of this
project is included in Section 4. The works contracts for this project will be awarded
by RVNL as per scope of work given in section-4 TOR with technical/contractual
support from the Consultant who is under selection through this RFP.
“Consultant from a country which shares a land border with India” means: -
i. An entity incorporated, established or registered in such a country; or
Section 2 Page 5 of 40
ii. A subsidiary of an entity incorporated, established or registered in such
a country; or
iii. An entity substantially controlled through entities incorporated,
established or registered in such a country; or
iv. An entity whose beneficial owner is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii.A consortium or joint venture where any member of the consortium or
joint venture falls under any of the above
2. The beneficial owner for the purpose of 1 above will be as under:
Section 2 Page 6 of 40
3. The bidder must ensure the following:
(a) In case of Single Entity:
(i) Submit Power of Attorney authorising the signatory of the
bid to commit the bidder.
(b) In case of Joint Venture:
(i) The JV shall not have more than two (2) partners i.e. number
of JV partners including Lead Partner shall be limited to two
(02) only.
(ii) Submit MOU as per form given in Section 3.
(iii) The JV shall nominate a Representative through Power of
Attorney (Form given in Section 3) who shall have the
authority to conduct all business for and on behalf of any and
all the parties of the JV during the bidding process and, in
the event the JV is awarded the Contract, during contract
execution.
(iv) Submit Power of Attorney by individual partners to lead
partners as per form given in Section 3.
(v) In case a Joint Venture is the successful bidder, the Joint
Venture Agreement should be entered by the Joint Venture
partners. The duly signed Joint Venture Agreement should
be submitted along with the Performance Security to the
employer after notification of the award of contract within 28
days.
(c) The bidder shall have to provide the names of shareholders
(constituting majority ownership), country of origin and
percentage shareholding of each such shareholder as a proof of its
eligibility to bid duly certified by Company Secretary/Auditor as
per Form TECH-31 of Section 3.
I.B Eligible consultant can be either ‘Class-I Local’ or ‘both Class-I Local and Class-
II Local’ or ‘combination of Class-I Local, Class-II Local and Non-local’, as
defined below:
i. Class-I Local- means a supplier or service provider, whose goods,
services or works offered for procurement meets the minimum local
content of 50%.
ii. Class-II Local- means a supplier or service provider, whose goods,
services or works offered for procurement meets the minimum local
content of 20%.
iii. Non-local- means a supplier or service provider, who does not meet the
requirements as per i and ii above.
The Consultants are required to submit a declaration using
‘Form-MII’ of Section 3 Proposal Forms.
Section 2 Page 7 of 40
In keeping with the Public Procurement (Preference to Make in
India) Order 2017, as amended from time-to-time up to 28 days
prior to deadline for submission of bids, in case any consultant,
who does not meet the prescribed eligibility criteria shall do so
at its own risk and cost and Employer shall not be liable for any
loss or damage caused to the consultant.
II. The eligibility of the firm will be adjudged based on the hurdle criteria and
Quality based evaluation criteria, to shortlist the Consultants for opening of
financial proposals as detailed in Para 5.7.
III. Personnel –
a) Submission: CV for the position of Chief Design Engineer (Track –BLT)
shall be required to be submitted along with the proposal in form 27A (CV)
of section 3.
b) Deployment:
Section 2 Page 8 of 40
in the position of In-charge or one post lower for production of pre-
cast elements, with total experience of 15 years or more in the area
of concrete works. A certificate from the director of consultant’s
firm fulfilling above conditions should be submitted to the employer
before deployment. CV of the EXPAT personnel as per form TECH
27 (b) and TECH 27 (c) duly signed by the authorized signatory of
the consultant also should be submitted to the RVNL for approval.
EXPAT personnel shall be deployed only after the approval of the
CV by RVNL. After his deployment complete supervision of
production of precast elements will be under him and all QA-QC
documents pertaining to production of pre-cast elements shall be
signed by him.
c) DELETED
V. Responsiveness: The firm should have submitted the proposal in accordance with
the guidelines in the Instructions to Consultants and it should meet the required
response as per check list given in Datasheet Attachment 1.
a. The consultant has been blacklisted/ banned for business dealings for all
Government Departments, or by Ministry of Railways or by RVNL at any
time till finalization of proposals, except in cases where such
blacklisting/banning has been withdrawn by Competent Authority or has
Section 2 Page 9 of 40
ceased on the deadline for submission of the proposals, for which satisfactory
evidence is to be produced.
b. Any previous contract of the consultant had been terminated for Consultant’s
failure by Rail Vikas Nigam Ltd. (RVNL) at any time starting from 2 years
before the deadline for submission of proposals and up to one day before the
date of opening of financial proposals;
Provided, however, there is no stay order or declaration by any Court against
such termination of the Contract by the Rail Vikas Nigam Ltd. or such
termination of the Contract has not been revoked by Rail Vikas Nigam Ltd.
c. The consultant or any of its constituents:
(i) has suffered bankruptcy/insolvency or
(ii) has any ongoing case of insolvency before the NCLT/any Court where
Interim Resolution Professional (IRP) has been appointed or is at any
later stage of the insolvency process
On the deadline of submission of bids or thereafter till finalization of bids.
e. The consultant has been declared by RVNL to be a poor performer and the
period of poor performance is still in force on the deadline for submission of
proposals.
Or
The consultant has been declared by RVNL to be a poor performer at any
time after the deadline for submission of proposals and upto one day before
the date of opening of financial proposals.
f. The consultant has changed their name or created a new business entity as
covered by the definition of “Allied Firm” under para 1102 (iii) of Chapter XI
of Vigilance Manual of Indian Railways (available on website of Indian
Railways), consequent to having been banned business dealings or suspended
business dealings or having been declared a poor performer.
g. The consultant or its beneficial owner is from a country which shares a land
border with India and is not registered with the Competent Authority as stated
in DoE Order no 6/18/2019-PP dtd 23 July 2020.
Section 2 Page 10 of
40
The Consultant shall submit an affidavit stating that they are not liable to be
disqualified as per this sub clause using the appropriate Performa given in
Section 3. Non-submission of an affidavit by the consultant shall result in
summary rejection of his proposal.
VII. Consultant shall immediately inform the Employer in case they cease to fulfil
eligibility in terms of ITC 1.2.2 (VII) & 1.6. In case the consultant fails to inform
the Employer or submits a false affidavit his proposal shall be summarily rejected
and proposal security shall be forfeited. The consultant shall also be liable for
Banning of Business dealings for a period up to five years.
1.3.1 Consultants should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first-hand information on the
assignment and local conditions, Consultants are encouraged to visit the project site.
1.3.2 The Bid Documents to be floated for the execution of the works of this Project,
related drawings will be prepared by the selected consultant. However, RVNL
Standard Specifications for Materials and Works are available in the Office of the
Employer at the address specified in Data Sheet. The Consultants may examine these
documents at any time during the working hours in this Office.
1.5.1 The Association of the Consultants (in case of JV) may be for the long term
(independent of any particular assignment) or for this specific assignment.
1.5.2 To qualify for award of Contract, the Consultants shall submit written Power of
Attorney (either Form TECH-2 or TECH-9) authorising the signatory of the bid to
commit the Consultant and the respective consultant partners in case of a Joint
Venture.
1.5.3 Proposals submitted by a Joint Venture; its partners shall comply with the following
requirements: -
(i) JV Agreement (made out as per guidelines given in Form TECH-12 or the
Memorandum of Understanding (MoU) for Joint Venture participation (Form
TECH-11) should accompany the proposal;
Section 2 Page 11 of
40
(ii) One of the partners shall be authorized to be in-charge and called as `Lead
Consultant’; and this authorization shall be evidenced by submission of a
Power of Attorney signed by legally authorized signatories of all the partners
(Form TECH-10);
(iii) The Lead Consultant shall be authorized to incur liabilities, receive payments
and receive instructions for and on behalf of any or all partners of the Joint
Venture;
(iv) All partners of the Joint Venture shall be jointly and severally liable for the
execution of the Contract in accordance with the Contract terms, and a
relevant statement to this effect shall be included in the JV agreement and
MOU for JV participation mentioned under (i) above as well as in the Bid
Form and the Form of Agreement (in case of a successful bid); and
(v) In case a Joint Venture is the successful Bidder, the Joint Venture Agreement
(made out as per the guidelines given in Form TECH-12) should be entered
into by the Joint Venture partners and should be submitted duly signed along
with the Performance Security to the Employer after Notification of the
Award of Contract within 30 days.
Section 2 Page 12 of
40
A Consultant cannot be recruited to carry out an assignment that, by its nature,
will result in conflict with another assignment of such Consultant. For example, a
Consultant engaged to prepare engineering design for an infrastructure project
shall not be recruited to prepare an independent environmental assessment or to
proof check the designs for the same project. Similarly, a Consultant assisting a
client in privatization of public assets shall neither purchase nor advise purchasers
of such assets or a Consultant hired to prepare Terms of Reference for an
assignment shall not be recruited for the assignment in question.
There are generally 4 types of consultancy services in RVNL i.e.
(i) Pre-Investment studies (PETS & Bankability Studies),
(ii) Detailed Engineering & Design (FLS & DDE),
(iii) Project Implementation (PMC) and
(iv) General Consultancy (GC) / Proof Consultancy (PC).
If a consultancy firm has carried out pre-investment studies mentioned in (i) above,
there may be advantage for appointing the same firm to carry out the consultancy
mentioned in (ii), (iii) and (iv) above. Hence there is no conflict of interest involved
for a firm doing the consultancy for (i) and (ii) or (i) and (iii) or (i) and (iv). However,
firms doing consultancy for (ii), (iii) and (iv) will have conflict of interest.
(iii) Employer will declare a firm ineligible either indefinitely or for a stated period of
time, to be awarded a contract if it, at any time, determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing, and
the assignments awarded by RVNL.
Section 2 Page 13 of
40
1.8 Only one proposal:
1.8.1 If a Consultant submits or participates in more than one Proposal, such a Consultant
shall be disqualified.
Section 2 Page 14 of
40
3.2 Language:
The Proposal, as well as all related correspondence exchanged by the Consultants and
the RVNL, shall only be in English. All reports prepared by the contracted Consultant
shall also be in English.
4 THE PROPOSAL
4.1 General: The Proposal should clearly demonstrate the Consultant’s understanding of
the requirements of the services, capability and approach for carrying out the tasks for
the project management set forth in the RFP document through the nominated experts.
In preparing the Proposal, Consultants are expected to take into account the
requirements and conditions of the RFP documents. All information provided in
Consultants’ Proposal will be treated as confidential.
4.2 Proposal: The Proposal should include a Technical Proposal Submission Form (Form
TECH-1) and a Financial Proposal Submission Form (Form FIN-1) signed by person
with full authorization to make legally binding contractual (including financial)
commitments on behalf of the firm.
4.3 Documents Comprising Proposal Format
4.3.1 The consultant shall submit the proposal compiling all details and information as
under and submit scanned copies of the same on e-tendering portal except for those
documents which are to be filled up in the e-tendering portal.
Sr.
Particulars Remarks
No.
Section 2 Page 15 of
40
Sr.
Particulars Remarks
No.
Section 2 Page 16 of
40
Sr.
Particulars Remarks
No.
(i) Form FIN-1 in Section 3, forming the covering letter for proposal.
(ii) Form FIN-2(Financial Rate Page under Financial offer) in Section 3 relate to the
costs of consulting services. Form-2(Financial Rate Page under Financial offer) is
the BOQ for detailed design of ballastless track and Remuneration billing rates
for personnel and other items as applicable and to be quoted through e-
tendering portal. Rate offered at any other medium will not be considered.
Section 2 Page 17 of
40
(iii) DELETED.
(iv) Form FIN-1 should be typed on the Consultants’ Letter Heads exactly in the
same format of the form.
Agreed to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.
4.3.4 Proposal Prices: The amount arrived at based on rates quoted online through e-
tendering portal in the summery sheet of remuneration shall be the proposal price.
4.3.5 Currency: Consultants shall submit their offer in INR only and the payment shall be
made in Indian currency (INR) only.
4.3.6 Tax Liability: The Consultant is liable to pay taxes as applicable. While the GST will
be paid extra on production of proof of payment and its verification in GSTR 2A and
3A of RVNL, all other taxes shall be payable by the Consultant. RVNL shall be
deducting taxes deductible at source as per relevant Tax Laws/other applicable laws in
India.
i) The proposals and qualification details shall concise, relevant, complete and
furnished in accordance with the formats given in Section 3 and elaborated in
clause 4.3 of these ITC.
Section 2 Page 18 of
40
5 SUBMISSION, RECEIPT AND OPENING OF PROPOSALS
5.1 Submission of Fully Responsive Proposal:
5.1.1 The Consultant shall submit a fully responsive proposal including all the
supporting documents requested in the RFP. Non-compliance with important
requirements may result in rejection of the proposal. Once the proposals are
received and opened, consultants shall not be required nor permitted to change the
substance, the key staff, quoted fee and so forth except at the time of negotiations
carried out in accordance with the provisions of the RFP. However, the Employer
may ask in writing from the Consultants any clarifications/information based on
the documents submitted with the proposal considered necessary for evaluation,
but not having any effect on the quoted fee and the substance of the proposal.
Proposals must be submitted online at the web address given in the Data Sheet
(Section 2) on or before the time and date stated in the Data Sheet or any new date
established by the RVNL according to provisions of Sub-Clause 2.2.
5.1.2 The Consultants shall submit the proposals ensuring the following:
(i) The RFP document issued by the Employer in full digitally signed by the
authorized signatory shall be submitted through e-tendering portal and shall
form part of Proposal.
Note: Forms FIN-1 & FIN-2 in the RFP document issued by RVNL, should not be
uploaded with the technical proposal and the scanned copy of same is to be
uploaded in the Financial Proposal on the consultant’s letter head typed in
the format of the Form as available in the RFP.
(ii) The proposal shall be digitally signed by a person duly authorized to sign on
behalf of the consultant.
(iii) All the corrigenda/addenda issued pursuant to clause 2.3 must be digitally
signed and submitted through e-tendering portal with the Proposal which
forms part of the RFP document.
(v) Scanned copy of the Proposal Security in case of Bank Guarantee shall be
submitted in accordance with ITC Clause 5.4.
5.1.3 DELETED
Section 2 Page 19 of
40
RVNL e-tendering portal as envisaged in RFP and all other relevant data specified
in the RFP documents. All forms should be typed on Consultants’ letter head in
the exact format of the Forms.
ii) “FINANCIAL PROPOSAL” will comprise only Form FIN-1 & rates quoted in
the Financial Rate Page under Financial offer of remuneration is available in e-
tendering portal as envisaged in RFP and all other relevant data specified in this
RFP documents. Form.FIN-1should be typed on Consultants’ letter head in the
exact format.
5.2.2 DELETED
i) DELETED
ii) DELETED
5.3 Deadline for submission of Proposals:
Proposals must be received by the Employer through e-tendering portal only in
accordance with clause 5.2 of these ITC, not later than the time and date specified in
the Data Sheet or extended date in accordance with clause 2.3 of ITC. The e-
Tendering portal cannot accept any proposal once the deadline for the tender
submission has lapsed.
OR
In case the consultant has opted for Bid security in the form of an unconditional
Bank Guarantee, the consultant should upload the scanned copy of Bank
Guarantee with the bid. The original Bank Guarantee should be delivered in
person to the official nominated as indicted in the bid data sheet within 5 working
days of deadline of submission of bids. Non submission of scanned copy of Bank
Guarantee with the bid on e-tendering portal and/or non-submission of original
Bank Guarantee within the specified period shall lead to summary rejection of bid.
The details of the BG, physically submitted should match with the details available
Section 2 Page 20 of
40
in the scanned copy and the data entered during bid submission time, failing
which the bid will be rejected.
OR
In case of MSEs they should upload the scanned copy of their registration in place
of scanned copy of bank Guarantee.
5.4.3 The Proposal Security of the successful Consultant shall be returned promptly
once the successful Consultant has furnished the required Performance Security
and signed the Contract Agreement.
5.4.4 The Proposal Security may be forfeited for any of the reasons mentioned below:
a) if a consultant withdraws its proposal during the period of proposal validity;
b) in case of a successful consultant, if the consultant fails to;
i) Sign the contract in accordance with clause 9 of these ITC
ii) Furnish Performance Security in accordance with clause 10 of these
ITC.
c) If the Consultant fails to submit a list of personnel along with CVs in prescribed
format in terms of sub-clause 1.2.2 (III) within a period of 30 days from the
issue of Notification of Award;
d) if the undertaking of the affidavit submitted by the Consultant in pursuant
to Sub-Clause 1.2.2 (VII) is found false at any stage during evaluation;
e) if any tampering or changes are made in the RFP document;
f) if the consultant violates any other provision of RFP document.
(c) DELETED
(d) DELETED.
Section 2 Page 21 of
40
(e) DELETED.
(f) DELETED
5.6.2 DELETED
5.6.3 The details of proposal security, details contained in the Technical proposals of the
various consultants will be examined by the nominated Tender Committee to
decide on the opening of Financial Proposals of eligible Consultants.
Note: The offers of such Consultants who have withdrawn their offers, who
have not submitted proposal security, who do not fulfil the eligibility criteria
(ITC clause 1.2.2), whose offers are not responsive as decided by the Tender
committee will be rejected. The financial proposal of such Consultant(s) will
not be opened.
5.6.4 The Financial Proposals of the Consultants shortlisted in technical evaluation, will
be opened through e-tendering portal of RVNL i.e.
https://rvnl.euniwizarde.com. The shortlisted Consultants will be advised
through email, the date and time of opening of their financial proposals.
Section 2 Page 22 of
40
5.7.2.2 HURDLE CRITERIA
Compliance Documents
Criteria Requirement Requirements Submission
Single Entity Requirements
Section 2 Page 23 of
40
Compliance Documents
Criteria Requirement Requirements Submission
Single Entity Requirements
5.7.2.2.3.1 Experience:
Section 2 Page 24 of
40
Compliance Documents
Criteria Requirement Requirements Submission
Single Entity Requirements
provider, experience certificate of the same job may
be submitted. If the bidder has done both the job
separately, he may submit two experience certificate,
one qualifying Clause 5.7.2.2.3.1 (a) and other
qualifying Clause 5.7.2.2.3.1 (b). The bidders who
have submitted two experience certificates, the
experience certificate under Clause 5.7.2.2.3.1 (a) will
be only used for examining the hurdle criteria under
this clause and will not be considered for the
evaluation of Quality based criteria under 5.7.2.3 and
the experience certificate under Clause 5.7.2.2.3.1 (b)
will be used for examining the hurdle criteria as well
as for the evaluation of Quality based criteria under
5.7.2.3.
2. Experience of the bidder as a consultant/sub-
consultant will be considered. Experience as an
“associate” will not be considered
Only proposals of those Consultants who meet the ‘Hurdle Criteria’ specified under
Para 5.7.2.2 shall be taken up for further quality based technical evaluation in the
second stage as per Para 5.7.2.3.
Note :
[a] Deleted
[b] Deleted
[c] Deleted
[d] Deleted
[e] Deleted
[f] Deleted
[g] Deleted
[h] For Sub-clause 5.7.2.2.2 Average Annual Consultancy Turnover, the Bidder should
submit actual consultancy turnover figures for the specified financial years. For
Evaluation purposes the figures of previous years shall be updated @ 5% per year
compounded annually based on Rupee value to bring them to the level of the last
Financial Year specified in sub-clause. If the figure for turnover in an individual
year is in a currency other than INR, then the same shall first be converted to INR
based on the exchange rates published by Reserve Bank of India/International
Monetary Fund (in that order) as on last day of that year and then the figures in
INR shall be updated as mentioned above.
[i] Deleted
Section 2 Page 25 of
40
[k] Audited Balance Sheets/ Account Statements shall be certified by a Certified
Public Accountant/Chartered Accountant or any Registered Account Practitioner
by any name.
[l] Bidder shall have its own design team which has experience of designing
ballastless track “eligible system”. If the bidder doesn’t have credentials to fulfil
the design criteria of the ballastless track ‘eligible system’, bidder can sign
Memorandum of Understanding (MOU) with a designer firm which has
experience of designing the ballastless track ‘eligible system’ as given in para
5.7.2.2.3.1 (a) above. The credentials of the designer firm in MOU will be
considered towards meeting with the hurdle criteria. The designer firm along
with the system provider must also fulfil the eligibility as per the clause 1.2.2 I. A
1 of the section 2 -ITC of the bid document. It is mandatory to submit the copy of
MOU along with bid document, failing which, the bid will be summarily
rejected.
[n] The bidder as a part of the technical bid submission shall submit dimension
drawings of “Eligible System” as submitted in the form 29(b) of section 3 of the
bid document which shall illustrate each part of the track structure with clear
description including but not be limited to:
(i). Type of Rail
(ii) Type of Rail Fastening
(iii) Block / Sleepers / Slab/ Track Concrete Layer
(iv). Shear connectors/Shear keys/Restraints/Bolsters; if any
(v) Intermediate layers / Separation Layers / Boots / Elastomeric Layers, if any
(vi). Concrete Base Layer, if any
(vii). Any other material used
[o] The bidder shall submit records to prove that the bidder owns all the necessary
Intellectual Property Rights (IPR) for the proposed ‘Eligible System’ ballastless
track or fastening system as in (c) (b) above of para 5.7.2.2.3.1 (If Applicable) and
it can be used for RVNL.
In case the IPR is not applicable, the bidder needs to submit records stating that
the IPR is not required for this technology. If the bidder has any IPR which is not
valid on date, bidder may submit the expired IPR as a proof of demonstration of
know-how. Else bidder shall submit proof of direct demonstration of Know-how
in “Eligible System” through As-built drawings/Completion certificate and
Undertaking by the full time Director of the company stating that the
services/work has been done by the bidder.
[p] The experience of the Ballastless track system must be a work of Railways or
metro but excluding LRT, tramway and monorail.
[q] The detail design of proposed Track Structure System (BLT) including of fastening
systems, which will be proposed after award of contract should not deviate from
the BLT system and fastening submitted for hurdle criteria based on which the
proposal is accepted. An undertaking as per EQC form No. 3 of Section-3 to be
submitted. However, Eligible System will have to be suitably modified as per
terms of reference i.e. section 4- TOR of the bid document.
Section 2 Page 26 of
40
[r] CV for the position of Chief Design Engineer (Track –BLT) is to be submitted as
per forms 27 and 27A of the section 3. The personnel whose CV is submitted for
the position of Chief Design Engineer (Track –BLT) must have designed and
worked with the ‘Eligible System’ as defined in the hurdle criteria given in clause
5.7.2.2.3.1 (a) of section 2 of the bid document.
5.7.2.3 Quality based evaluation to shortlist the Consultants for opening of their
financial proposals: Further evaluation of the technical proposal of a
bidder, meeting the ‘Hurdle Criteria’ specified under Para 5.7.2.2 above,
shall be done as per the marking /scoring system enumerated below.
Marking/Scoring System (Applicable for same “eligible system” as
submitted in Para 5.7.2.2.3.1. (b)/(c).
01 additional mark
for each 01 Track
Km length in
continuity to above
continuous stretch
of 10 Km
Section 2 Page 27 of
40
C. Suitability for If the proposed track structure system For the fulfilment 100
Turnout is suitable for laying turnouts also? of the criteria
(suitable)
Note: As Built/ approved Drawings - If Yes - 100
of the previously executed project marks
shall be submitted.
- If No – 50 marks
D. Provenness with If eligible system is proven with two If proven with only 150
multiple fastening or more fastening system from one fastening
system different suppliers. system – 75 marks (suitable)
E. Provenness axle Maximum axle load of the fastening If the proposed 100
load of fastening system. fastening system is
system performing for Axle (25MT)
Load of 25MT or
more
-If No – 75 marks
F. Ballastless track on Laying of ballastless track on rail For the fulfilment 100
rail bridges with bridges with LWR of the criteria
LWR (Suitable)
-If Yes– 100 marks
- If No – 50 marks
Sub-Total (A to F) 1000
5.7.2.4 DELETED
5.7.2.5 deleted
Section 2 Page 28 of
40
Only the top five consultants, in the descending order of the marks obtained
(with a minimum mark as specified in Data Sheet), will be shortlisted for
opening of financial proposals. If the number of consultants who have obtained
a minimum mark as specified in Data Sheet is less than five, but a minimum of
2, the same shall be shortlisted for opening of financial proposals. However, if
the number of such consultants shortlisted is less than 2, RVNL may shortlist
the consultant with the next highest scores in descending order having obtained
a minimum of 500 marks. In such an event, the total number of shortlisted
consultants will be restricted to TWO only.
The criteria to be used for ranking of consultants obtaining the same score,
to restrict the total number of shortlisted consultants to five/two, will be as
under: -
i) If the total score of two or more consultants is the same, the consultant
having obtained the higher score for “Proportion of pre-casting for straight
track” shall be rated higher in the ranking.
ii) In the eventuality that the total score as well as score for “Proportion of
pre-casting for straight track” is the same, the consultant having obtained
the higher score for “Provenness with multiple fastening system” will be
rated higher in the ranking.
5.7.3.2 DELETED
(i) DELETED
(ii) DELETED
(iii) DELETED
5.7.3.3 The Evaluated Total Price will be worked out for all Financial Proposals as
above. The lowest Evaluated Total Price will be given a financial score of 1000
points. The other proposals will be given financial scores that are inversely
proportional to their Evaluated Total Prices. The following formula shall be
used to calculate the financial scores: -
Sf = 1000 x Fm/F
where
Sf - Financial score of the proposal under consideration
Section 2 Page 29 of
40
Fm - Lowest Evaluated Total Price
F - Evaluated Total Price of the proposal under consideration
However, in the event the proposals of two or more Consultants have the same scores
in the final ranking, the Consultant having obtained higher score in technical proposal
shall be rated higher in the ranking.
6 Negotiations
6.1 Normally Negotiations are not allowed. However, if required, negotiations will be held at
the address indicated in the Data Sheet. Representatives conducting negotiations on
behalf of the Consultant must have written authority to negotiate technical, financial, and
other terms and conclude a legally binding agreement.
6.2 DELETED
6.3 The financial negotiations will generally relate to the financial proposal like experts
remuneration and other unit rates.
7 Confidentiality
8 Award of Contract
8.1 The Employer reserves the right to accept or reject any proposal and to annul the bidding
process and reject all proposals at any time prior to award of contract, without thereby
Section 2 Page 30 of
40
incurring any liability to the Consultants. In case of annulment, all proposal securities
shall be promptly returned to the Consultants.
8.2 The Employer shall award the Contract to the Consultant whose proposal is substantially
responsive to the RFP Document, provided further that the Consultant is determined to
be qualified to perform the Contract satisfactorily and whose offer has been determined
as first rank (having highest combined total score) as per ITC 5.7.4 and after successful
negotiations, if any, subject to ITC 8.3 below.
8.3 The Employer has the right to review at any time prior to award of contract that the
qualification criteria, as specified in ITC 1.2.2 and 1.6, are still being met by the
Consultant whose offer has been determined as first rank. A Proposal shall be rejected if
the qualification criteria, as specified in ITC 1.2.2 and 1.6, are no longer met by the
Consultant whose offer has been determined as first rank. In this event the Employer
shall proceed to the Proposal next in rank to make a similar reassessment of that
Consultant’s capabilities to perform satisfactorily.
9 Notification of Award
9.1 After completion of negotiations (if any), prior to the expiration of proposal validity, the
Employer will notify the successful consultant in writing through registered letter, fax
and/or e-mail that its proposal has been accepted by the Competent Authority at RVNL’s
Corporate Office at Delhi or CPM’s Office.
9.2 The notification of award will constitute the formation of contract.
9.3 Deleted
9.4 Upon the successful consultant’s furnishing of the performance security, pursuant to
clause 10 of these ITC, the Employer will promptly notify the other Consultants who
submitted Proposals that they were unsuccessful and will discharge their Proposal
Security, pursuant to clause 5.4.2.
10 Signing of Contract
10.1 After the Employer notifies the successful consultant that its proposal has been
accepted and the consultant has furnished the performance security in accordance with
Clause 10 of ITC, the Employer will send Form of Contract provided in the Request for
Proposals, incorporating all agreements between the parties, to the consultant.
10.2 Within twenty-eight (28) days of receipt of the Contract Form, the successful consultant
shall sign and date the contract and return it to the Employer. By mutual agreement, the
contract signature date may be postponed by up to thirty (30) days.
11 Performance Security
11.1 Within twenty-eight (28) days of the receipt of notification of award from the
Employer, the successful consultant shall furnish the performance security for an
amount as specified in Data Sheet in accordance with the Conditions of Contract, using
the FORM TECH-6(BG-2) provided in the Request for Proposals Section 3 or another
form acceptable to the Employer.
In case the consultant fails to submit Performance Security within 28 days of issue of
LOA, it may seek extension of time for a period not exceeding 28 days along with
payment of damages either through bank transfer or Demand Draft in favour of RVNL.
Section 2 Page 31 of
40
The rate of payment of damages for such extended period shall be a sum calculated @
0.035% of the Performance Security for each day of the extension sought. Further, if
the last day of the extension sought happens to be a declared holiday in the concerned
office, submission of Performance Guarantee shall be accepted on the next working
day. Extension of time may be granted by the authority who is competent to sign the
contract agreement.
The contractor may commence the work within 42 days of issue of LOA subject to the
condition that, no payment will be made to the contractor till completion of the
following:
ii) Applicants registered with the agencies (as mentioned in para iii) below) as micro
or small enterprise (MSE) will be exempted from deposit of Proposal/Bid
Security.
Section 2 Page 32 of
40
iii) Applicants who are interested in availing themselves of above benefits will
enclose with their proposal;
a) The proof of their being micro or small enterprise (MSE) registered with
any of the following agencies;
1. District Industries Centres
2. Khadi and Village Industries Commission
3. Khadi and Village Industries Board
4. Coir Board
5. National Small Industries Corporation
6. Directorate of Handicraft and Handloom
7. ‘Udyog Aadhaar’ – The Online Portal of MSME
8. Any other body specified by Ministry of MSME.
b) Supporting document(s) indicating the terminal validity date of registration
which should be a date after the deadline for submission of proposals.
Failing which, their proposals shall not be liable for consideration of benefits
detailed in para (i) & (ii) above.
16.2 Local Content: The amount of value added in India, which unless otherwise
prescribed by Railway Ministry, be the total value of the item procured
(excluding net domestic indirect taxes) minus value of imported content in the
item (including all custom duties) as proportion of total value, in percent.
Services such as transportation, insurance, installation, commissioning,
training and after sales services like AMC / CMC etc. are not local value
addition for an imported product
Section 2 Page 33 of
40
Annex 1 (Section 2)
DATA SHEET
Clause
Item Data
Ref.
1.2 Selection of Quality and Cost Based Selection (QCBS) method
Consultants.
1.2.1 Name of the Employer Rail Vikas Nigam Limited, New Delhi
1.2.2 I.A Eligible Consultant In reference to the said clause, the participation
3 (b) of JV or consortium is not permitted in this bid.
Provisions related to JV stands deleted
elsewhere in the ITC.
1.2.2 I.B Eligible Consultant Eligible Consultant for this work is ‘Class-I Local’
1.9 Validity of the Proposals 120 days from the deadline of submission of proposal
2.1 Pre-bid Meeting: 11:00 hours on 30.09.2022 at: -
time, date and venue “RVNL Corporate office, 1st Floor, August
Kranti Bhawan, Bhikhaji Cama Place, New
Delhi-110066"
2.2 Name and Address of Chief Project Manager,
the Employer where the Rail Vikas Nigam Limited,
correspondence RVNL Office Building, opposite GST Bhavan
concerning this Request Next to GMVN, Bypass Road Rishikesh-249201,
for Proposal is to be
sent: Uttarakhand, India, Telefax: 0135-2442008
E-mail: ajit.yadav@rvnl.org
Section 2 Page 34 of
40
Clause
Item Data
Ref.
5.2 Online submission of e-tendering website
proposals https://www.rvnl.euniwizarde.com
Section 2 Page 35 of
40
Clause
Item Data
Ref.
the same currency(ies) in the form of an
unconditional Bank Guarantee for the stated
amounts in the format prescribed in Form
TECH-6(BG-2) and valid for a period of 28
days beyond issue of performance certificate
(Initially Performance Security shall be valid
up to 28 days beyond the specified
completion of the consultancy contract).
12 Expected date for (i) Detailed Design of Consultancy – Dec 2022
commencement of (ii) Construction stage supervision – July 2023
consulting services
13 Time of Completion (i). Completion period of whole consultancy-
42 months + DLP.
(ii). Detailed design- 06 months
(iii). Construction stage- 36 months
(iv). Defect liability Period (DLP):- 06 months
14 Jurisdiction of Courts DELHI
15 Margin of preference for Not applicable.
MSEs
16.1 Margin of Purchase
Preference for Make in Not applicable.
India
Note:
1) In the event of the dates refer to in this document happen to be a holiday; the next
working day shall be applicable.
Section 2 Page 36 of
40
Annex 1 (Section 2)
Attachment 1
ATTACHMENT 1 to DATA SHEET
HURDLE CRITERIA
1. General:
1.1 The evaluation of valid proposals received shall be carried out by the Tender
Committee (TC) on the basis of responsiveness to the TOR and the criteria
specified below.
1.2 The proposals received by RVNL in response to RFP shall be examined in five
stages as under:
Required
S. No. Item
Response
Section 2 Page 37 of
40
Required
S. No. Item
Response
Section 2 Page 38 of
40
Annex 1 (Section 2)
Attachment 2
The consultant shall set up Local Design Office in NCR (National Capital Region) of India
within 45 days of receipt of Letter of Acceptance (LOA) during pre-construction stage. The
rates quoted in Form FIN-2 include cost of Local Design office including its logistics support
complete in all respect and are also inclusive of all costs of key personnel, support staff,
transportation, office rent, office supplies & utilities, communication, furniture, equipment,
reports & documents, residential accommodation for the Design Office personnel of the
Consultant. Nothing extra shall be payable on this account other than quoted rates except
Goods and Service Tax which shall be paid extra as applicable.
*****
Section 2 Page 39 of
40
Annex 1 (Section -2)
Attachment 3
The office accommodation and vehicle facility will be provided to consultant’s personnel
on sharing basis who are involved in the technical supervision for the production of the
prefabricated element and installation of BLT structure system. (To be provided by the
Construction Contractor as per Chapter 3.0 of Section 6 (Works Requirements) of the
Construction Contract Bid Document). No such facility will be provided during the Pre-
Construction stage of the consultancy contract and the consultant will have to operate
with their own resources and bear all the expenses as per Attachment – 2).
Section 2 Page 40 of
40
PROPOSAL FORMS
FOR
Engagement of Ballastless Track Structure
“System Provider and Designer”
to provide detailed Design
and
support for installation of Ballastless track
“in tunnels, bridges and formations including all yards between
chainage Km 5+662 (FLS) to chainage Km 125+200 (FLS) in
connection with new BG line between Rishikesh and
Karnprayag in the state of Uttarakhand, India.”
SECTION 3
Section 3 Page 1 of 89
CONTENTS
Section 3 Page 2 of 89
Form No. Description Page No.
Annex to Form TECH- Deleted 62
27 (CV)
Form TECH-27A Summary for experience as per CV submitted in 63
form 27 (CV)
Form TECH-27 (b) (CV) Curriculum Vitae (CV) format for the Key personnel 64
(Chief Quality cum Production Manager (EXPAT))
Form TECH-27 (c) (CV) Curriculum Vitae (CV) format for the Key personnel 67
(Chief Quality cum Production Manager (EXPAT))
Form TECH-28 (EXP) 68
Deleted
(DDC)
Form TECH-29 (EXP) 69
Deleted
(PMC)
Form TECH-29a (EXP) General Experience 70
Form TECH-29b (EXP) Eligible System (System Provider) 71
Form TECH-29c (EXP) Eligible System (Designer) 73
Form TECH-29d (EXP) Specific Experience 74
Form TECH-29e (EXP) Details of Proposed Track Structure System 77
Form TECH-30 Format for undertaking under Clause 1.2.2 (III) (b) 80
for deployment of Personnel
Form TECH-31 Format for providing details of Shareholders 81
(constituting majority shareholding) as a proof of
fulfilling eligibility under clause 1.2.2 (i) (c)
Form-MII Form for declaration of local content 82
Form TECH-32 EQC Form No.1: Checklist 83
Form TECH-33 EQC Form No.3: Undertaking 84
FINANCIAL FORMS
FORM FIN-1 Financial Proposal Submission Form 86
Section 3 Page 3 of 89
FORM TECH-1(TPSF)
Ref: DATED:
1. Having examined the completeness of RFP documents, studied the terms and
conditions of contract stipulated in the RFP documents we, the undersigned offer to
provide Detailed Design and technical supervision for the implementation of the
above work in conformity with the contracts being awarded to Execution contractors
up to the stage of completion of works up to Defect Liability Period as specified in
the Terms of Reference.
3. Unless and until a formal agreement is prepared and executed, this proposal
together with your written acceptance there of shall constitute a binding contract
between us.
Section 3 Page 4 of 89
ii. Chief Design Engineer (Track-BLT), whose CV was submitted along
with the proposal, will be stationed in Local Design Office in India
within 45 days of receipt of Letter of Acceptance (LOA).
iii. We will deploy the personnel as per RVNL’s advice from the staffing
schedule (as approved by RVNL) within a period of 90 days of the request
by RVNL.
iv. After award of the work, we will submit a comprehensive Approach and
Methodology proposed for carrying out the Detailed Design services
covered in the Part-1 of Terms of reference, including such detailed
information as deemed relevant with special reference to time schedule of
completion of tendered scope of works. Further, we will decide the
Approach and Methodology for the project supervision in consultation with
contractor and Employer as per stipulations in the construction contract
agreement(s) for which the consultancy services are contemplated. It will be
ensured that the approach and methodology prepared is in compliance to
requirements in section 4 of the bidding document.
6. I/We agree to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.
7. Our proposal is valid for 180 days beyond the date of opening of technical
proposal and will be binding on us.
8. We have not made any tampering or changes in the RFP documents on which the
bid is being submitted and if any tampering or changes are detected at any stage,
we understand the bid will invite summary rejection and forfeiture of proposal
security/the contract will be liable to be terminated along with forfeiture of
Performance Security, even if LOA has been issued.
Section 3 Page 5 of 89
9. We declare that we are not liable to be disqualified in accordance with ITC
1.2.2 (VII) and for this we have furnished the affidavit.
10. I/We understand that; the Rail Vikas Nigam Limited is not bound to accept any
proposal that the Rail Vikas Nigam Limited may receive.
Yours faithfully,
……………………….
Signature of authorised signatory of Consultant
(Seal)
Address: ……………………..
…………………………………..
……………………………….....
Enclosures: As per ITC, except for Forms FIN-1 to FIN-2
Section 3 Page 6 of 89
FORM TECH-2(POA-SE)
POWER OF ATTORNEY*
(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant
stamp Act. The stamp paper to be in the name of the company who is issuing the power of
Attorney. Powers of Attorney issued outside India have to be authenticated by an Indian
Consulate official or duly apostilled and duly translated in English.)
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall
and shall always be deemed to have been done by us.
......................................................
(Signature of authorised Signatory)
………………………………………
(Signature and Name in Block letters of Signatory)
Seal of Company
Witness
Section 3 Page 7 of 89
Witness 1: Witness 2:
Name: Name:
Address: Address:
Occupation: Occupation:
*Notes:
To be executed by Single entity where the competence of the authorised signatory is not
supported by a Board Resolution or General Power of Attorney for such acts (copy of Board
Resolution/GPA to be attached).
The mode of execution of the Power of Attorney should be in accordance with the procedure,
if any, laid down by the applicable law and the charter documents of the executant (s) and
when it is so required the same should be under common seal affixed in accordance with the
required procedure.
Section 3 Page 8 of 89
FORM TECH-3(AFFIDAVIT-1)
(To be executed in presence of Public Notary on non-judicial stamp paper of the appropriate
value in accordance with relevant stamp Act. The stamp paper has to be in the name of the
Consultant. Affidavit issued outside India have to be authenticated by an Indian Consulate
official or duly apostilled and duly translated in English.)**
Section 3 Page 9 of 89
business dealings or suspended business dealings or having been
declared as poor performer.
6. “I have read the clause regarding restrictions on procurement from a
bidder of a country which share a land border with India. I certify
that:
@This Consultant or its beneficial owner is not from such a
country
OR
This Consultant or its beneficial owner is from such a country and
the Consultant or its beneficial owner has been registered with the
Competent Authority.
I hereby certify that this bidder fulfils all requirements in this regard
and is eligible to be considered.
7. We declare and certify that we have not made any misleading or false
representation in the forms, statements and attachments in proof of
the qualification requirements.
8. We declare that the information and documents submitted along with
the proposal by us are correct and we are fully responsible for the
correctness of the information and documents, submitted by us.
9. We understand that in case we cease to fulfil the requirements of the
eligibility and qualifying criteria at any time after opening of
proposals and till finalization of proposals, it will be our bounden
duty to inform the Employer of our changed status immediately and
in case of our failure to do so, our proposal shall be rejected and
proposal security shall be forfeited. In case such failure comes to the
notice of Employer at any time after award of the contract, it will lead
to termination of the contract and forfeiture of Proposal or
Performance Security. We shall also be liable for Banning of
Business dealings up to a period of five years.
10. We understand that if the contents of the affidavit are found to be
false at any time during bid evaluation, it will lead to forfeiture of the
proposal security. Further, we [insert name of the
consultant]**_______ understand that we shall be liable for banning
of business dealings up to a period of five years.
11. We also understand that if the contents of the affidavit are found to be
false at any time after the award of the contract it will lead to
termination of the contract, forfeiture of Proposal or Performance
Section 3 Page 10 of 89
Security and banning of business dealings for a period of upto five
years.
Verification:
Section 3 Page 11 of 89
FORM TECH-4(AFFIDAVIT-2)
Deleted
Section 3 Page 12 of 89
FORM TECH-5(BG-1)
Proposal Security
Bank Guarantee
(On non-judicial stamp paper of the appropriate value in accordance with stamp Act.
The stamp paper to be in the name of Executing Bank).
............................ [Insert Bank’s Name, and Address of Issuing Branch or Office] ......................
Beneficiary: [Insert Name and Address of Employer (hereinafter called “the
Employer”)] ...............................................................
Date: ...........................................................................
Proposal Security No.: ......................................................................................................................
We have been informed that . . . . . [Insert name of the Consultant]............ (hereinafter called
"the Consultant") intends to submit to you its proposal (hereinafter called "the Proposal") for the
DETAILED DESIGN AND Technical Supervision for the. . . . . . . . [insert name of work] . . . . .
under Invitation for Request for Proposals No. . . . . . .dated . . . (“the RFP”).
WHEREAS, the Consultant is required to furnish Proposal security for the sum of [Insert Value
of Proposal Security required], in the form of bank guarantee, according to your conditions of
RFP.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ...............[Insert Address]
having its Headquarters office at........ [Insert Address], hereinafter called the Bank, acting
through ..............[Insert Name and Designation of the authorised persons of the Bank], have,
at the request of the Consultant, agreed to give guarantee for proposal security as hereinafter
contained, in favour of the Employer:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur
obligations for and on behalf of the Bank, confirm that the Bank, hereby, unconditionally
and irrevocably guarantee to pay to the Employer full amount in the sum of [Insert Value
of Proposal Security required] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Employer any
amount up to and including aforementioned full amount without any demur, reservation or
recourse. Any such demand made by the Employer on the Bank shall be final, conclusive
and binding, absolute and unequivocal on the Bank notwithstanding any disputes raised/
Section 3 Page 13 of 89
pending before any Court, Tribunal, Arbitration or any Authority or any threatened litigation
by the Consultant or Bank. The demand made by the Employer shall be final, conclusive
and binding on the Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand by
Employer without any reference to the Consultant and without the Employer being required
to show grounds or give reasons for its demand of the amount so demanded.
4. The guarantee hereinbefore shall not be affected by any change in the constitution of the
Bank or in the constitution of the Consultant.
5. The Bank agrees that no change, addition, modifications to the terms of the RFP document
or to any documents, which have been or may be made between the Employer and the
Consultant, will in any way release us from the liability under this guarantee; and the Bank,
hereby, waives any requirement for notice of any such change, addition or modification
made by Employer at any time.
6. This guarantee will remain valid and effective from…….…….[insert date of issue] till
………..[insert date, which should be minimum 42 days beyond the expiry of proposal
validity date in the RFP]. Any demand in respect of this Guarantee should reach the Bank
within the validity period of proposal security.
8. The expressions Bank and Employer herein before used shall include their respective
successors and assigns.
9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with the
previous consent in writing of the Employer. This guarantee is subject to the Uniform Rules
for Demand Guarantees, ICC Publication No.758.
10. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee (s) of Consultant in favour of the Employer. The Bank, under this Guarantee,
shall be deemed as Principal Debtor of the Employer.
Date ………… ………………………………………
Place…………. [Signature of Authorized person of Bank]
[Name in Block letters]………………....
[Designation]……………..…………
[P/Attorney]No………………………….
Witness:
Section 3 Page 14 of 89
1 Signature Bank’s Seal
Name & Address & Seal [P/Attorney]No……..
2 Signature
Name & address & Seal
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
Section 3 Page 15 of 89
FORM TECH-6(BG-2)
From:
Name and Address of the Bank…..
……………………………………..
To:
CPM/GM (Name of PIU)
WHEREAS, Rail Vikas Nigam Limited, hereinafter called the Employer, acting through [Insert
Designation and address of the Employer’s Representative], has accepted the proposal of
[Insert Name and address of the Consultant], hereinafter called the Consultant, for the work of
[Insert Name of Work], vide Notification of Award No.[Insert Notification of Award No.].
AND
WHEREAS, the Consultant is required to furnish performance security for the sum of [Insert
Value of Performance Security required], in the form of bank guarantee, being a condition
precedent to the signing of the contract agreement.
AND
WHEREAS, [Insert Name of the Bank], with its Branch [Address] having its Headquarters office
at [Address], hereinafter called the Bank, acting through [Designation(s) of the authorised
person of the Bank], have, at the request of the Consultant, agreed to give guarantee for
performance security as hereinafter contained:
1 KNOW ALL MEN by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur
obligations for and on behalf of the Bank, confirm that the Bank, hereby, unconditionally
and irrevocably guarantee to pay the Employer the full amount in the sum of [Insert Value
of Performance Security required] as above stated.
Section 3 Page 16 of 89
2 The Bank undertakes to immediately pay on presentation of demand by the Employer any
amount up to and including aforementioned full amount without any demur, reservation or
recourse. Any such demand made by the Employer on the Bank shall be final, conclusive
and binding, absolute and unequivocal notwithstanding any disputes raised/ pending before
any Court, Tribunal, Arbitration or any Authority or any threatened litigation by the
Consultant or Bank. The demand made by the Employer shall be final, conclusive and
binding on the Bank.
3 On payment of any amount less than aforementioned full amount, as per demand of the
Employer, the guarantee shall remain valid for the balance amount i.e. the
aforementioned full amount less the payment made to the Employer.
4 The Bank shall pay the amount as demanded immediately on presentation of the demand
by Employer without any reference to the Consultant and without the Employer being
required to show grounds or give reasons for its demand or the amount demanded.
6 The guarantee hereinbefore shall not be affected by any change in the constitution of the
Bank or in the constitution of the Consultant.
7 The Bank agrees that no change, addition, modifications to the terms of the Contract
Agreement or to any documents, which have been or may be made between the Employer
and the Consultant, will in any way release us from the liability under this guarantee; and
the Bank, hereby, waives any requirement for notice of any such change, addition or
modification to the Bank.
8 This guarantee is valid and effective from the date of its issue, which is [insert date of
issue]. The guarantee and our obligations under it will expire on [Insert the date twenty-
eight days after the specified completion period for the consultancy contract]. All
demands for payment under the guarantee must be received by us on or before that date.
9 The Bank agrees that the Employers right to demand payment of aforementioned full
amount in one instance or demand payments in parts totalling up to the aforementioned
full amount in several instances will be valid until either the aforementioned full amount is
paid to the Employer or the guarantee is released by Employer before the Expiry Date.
10 The Bank agrees that its obligation to pay any amount demanded by the Employer before
the expiry of this guarantee will continue until the amount demanded has been paid in full.
Section 3 Page 17 of 89
11 The expressions Bank and Employer herein before used shall include their respective
successors and assigns.
12 The Bank hereby undertakes not to revoke the guarantee during its currency, except with
the previous consent in writing of the Employer. This guarantee is subject to the Uniform
Rules for Demand Guarantees, ICC Publication No.758.
13 The Guarantee shall be in addition to and without prejudice to any other security
Guarantee (s) of Consultant in favour of the Employer is available with the Employer.
The Bank, under this Guarantee, shall be deemed as Principal Debtor of the Employer.
Bank’s Seal
[P/Attorney] No…………..
Witness:
1. Signature
Name & Address & Seal
2. Signature
Name & address & Seal
Note:
1 All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
2 In case the guarantee is issued by a foreign Bank, the said bank shall have operations in
India and should be countersigned and authenticated by Indian operation branch of the
said bank.
3, The Bank Guarantee should be duly attested by Notary public with notarial stamps of
appropriate value affixed thereon.
Section 3 Page 18 of 89
FORM TECH-7(HOLDING)
** The contents in Italics are only for guidance purpose and details as appropriate, are to
be filled in suitably.
# The documentary proof for authorizing the signatory on behalf of the parent company in
the form of Resolution of the company, power of attorney etc as applicable.
Section 3 Page 19 of 89
FORM TECH-8(JV/1)
Deleted
Section 3 Page 20 of 89
FORM TECH-9(JV/2-POA)
Deleted
Section 3 Page 21 of 89
FORM TECH-10(JV/3-POA)
Deleted
Section 3 Page 22 of 89
FORM TECH-11(JV/4)
Deleted
Section 3 Page 23 of 89
FORM TECH-12(JV/5)
Deleted
Section 3 Page 24 of 89
FORM TECH-13(ELI -1)
Consultant’s Information
Consultant’s legal name
Consultant’s year of
Registration in India, if not
constituted in India
Details of Consultant’s
authorized representative
(name, address, telephone
numbers, fax numbers, e-
mail address)
The Consultant shall attach copies of the following original documents with the form:
1. In case of single entity, articles of incorporation or constitution of the legal entity named
above.
2. Certificate of Constitution/Registration in India or any other country for foreign firms.
3. Deleted
Section 3 Page 25 of 89
FORM TECH-14(ELI -2)
Deleted
Section 3 Page 26 of 89
FORM TECH-15(NW)
Net Worth
NAME OF CONSULTANT:
Block Year Financial Data for Latest Year (in INR for Indian
applicants and in US $ for applicants of other countries)
Year1 Year2 Year3
1. Total Assets
2. Total Liabilities
3. Net Worth [= 1 – 2]
1. The Consultant shall attach copies of the following original documents with the form:
Copies of the audited balance sheets, including all related notes, and income statements
for the last three financial years, as indicated above, complying with the following
conditions.
All such documents that reflect the financial situation of the Consultant.
Net Worth must be audited by a certified accountant.
Net Worth must be complete, including all notes to the financial statements.
Net Worth must correspond to accounting periods already completed and audited
(no statements for partial periods shall be requested or accepted).
2. In the event that the audited accounts for the latest Financial Year (Financial year
immediately preceding current financial year in which the bid is being opened) are not
available, the Consultant shall furnish information pertaining to last three financial years
after ignoring the latest financial year.
3. Contents of this form should be certified by a Chartered Accountant/Auditor.
4. For filling up this form, use currency conversion procedure as detailed out in note below
the hurdle criteria table under ITC clause 5.7.2.2.
5. In case a subsidiary is using credentials of their parent/holding company in terms of ITC
1.2.2 (I)(d), data and supporting documents of their parent/holding company shall also be
submitted.
Section 3 Page 27 of 89
FORM TECH-16(TO)
1
2
3
Total Turnover of 3 years
Average Annual Turnover
Note:
1. Please provide Audited Balance Sheets/Profit & Loss Accounts in support of
Information given above. In the event that the audited accounts for the latest
Financial Year (Financial year immediately preceding current financial year in which
the bid is being opened) are not available, the Consultant shall furnish information
pertaining to last three financial years after ignoring the latest financial year.
2. FORM TECH-16(TO) should be certified by Chartered Accountant.
3. In case an Indian subsidiary is using credentials of a foreign parent/holding company
in terms of ITC 1.2.2 I, figures and supporting documents of the parent/holding
company shall be submitted.
4. If the balance sheets of the consultant or any of its constituents is in the currency
other than INR and US$, the same shall be converted to INR as per Note (h) of clause
5.7.2.2. of section-2 ITC. For evaluation purposes the figures of previous years either
submitted in INR or already converted to INR as per above shall be updated @ 5%
per year compounded annually based on Rupee value to bring them to the level of the
last Financial Year specified in sub-clause.
Section 3 Page 28 of 89
FORM TECH-17( WIP)
DELETED
Section 3 Page 29 of 89
FORM TECH-18/1
Deleted
FORM TECH-18/2
Deleted
Section 3 Page 30 of 89
Section 3 Page 31 of 89
FORM TECH-18/3
Deleted
Section 3 Page 32 of 89
S.N
Family Name, First Name
Section 3
Proposed position for the project
Nationality
Education/
Degree (Year/ Institution)
Page 33 of 89
Firm’s Name & Signature of authorized signatory (Seal)
FORM TECH-19
Deleted
Section 3 Page 34 of 89
FORM TECH-20 (Contd……2/3)
Deleted
Section 3 Page 35 of 89
Annexure to FORM TECH 20(CV) (National)
Deleted
Section 3 Page 36 of 89
Form Tech 20 (1/13)
Deleted
Section 3 Page 37 of 89
Form Tech 20 (2/13)
Deleted
Section 3 Page 38 of 89
Form Tech 20 (3/13)
Deleted
Section 3 Page 39 of 89
Form Tech 20 (4/13)
Deleted
Section 3 Page 40 of 89
Form Tech 20 (5/13)
Deleted
Section 3 Page 41 of 89
Form Tech 20 (6/13)
Deleted
Section 3 Page 42 of 89
Form Tech 20 (7/13)
Deleted
Section 3 Page 43 of 89
Form Tech 20 (8/13)
Qualification and Experience for Supervisor
Name: ____________________________
Date of Birth:_____________________
S. BLT Installation Supervisor
Qualification Parameters
N. Requirements as per RFP Details
Preferably Degree or at least
1. Details of Professional
Qualification Diploma in Civil Engineering.
Minimum service of 5 years for
2. Length of Experience
Diploma and 4 years for Degree
in Railway/Metro project
(Experience shall be for
supervision of BLT installation).
Does the personnel have any
history of involvement in
vigilance/CBI/SPE/Police case
3. resulting in major penalty No
punishment of
removal/dismissal/compulsory
retirement or conviction
Note: Detailed CV of the person duly signed by the authorized signatory of the consultant
should be submitted along with this form.
Section 3 Page 44 of 89
Form Tech 20 (9/13)
Deleted
Section 3 Page 45 of 89
Form Tech 20 (10/13)
Deleted
Section 3 Page 46 of 89
Form Tech 20 (11/13)
Deleted
Section 3 Page 47 of 89
Form Tech 20 (12/13)
Deleted
Section 3 Page 48 of 89
Form Tech 20 (13/13)
Deleted
Section 3 Page 49 of 89
Form TECH-20A(CV) National
Deleted
Section 3 Page 50 of 89
Form TECH-21
The Consultant should present its Technical Proposal (maximum of 5 pages for
each section, for the following four sections:
B.3 Innovativeness
Workable suggestions specific to the project on improvements to quality
will be appreciated. Special emphasis will be on the implementable
suggestions specific to this work. Proposed innovative improvements in
line with state-of-the-art-technology is expected in this section apart
from elaboration on quality proposed in TOR.
B.4 Work Program & Deployment Schedule for design & design support
Graphical representation of work plan, commensurate personnel
deployment plan to meet the objectives of the project. You should
propose the structure and composition of your team. You should list the
main disciplines of the assignment, the key expert responsible and
proposed technical and support personnel.
Section 3 Page 51 of 89
FORM TECH-22
DELETED
Section 3 Page 52 of 89
FORM TECH-23A
WORK SCHEDULE
Months2
N° Activity1
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and other
benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks separately for
each phase.
2 Duration of activities shall be indicated in the form of a bar chart…
Section 3 Page 53 of 89
FORM TECH-23B
DELETED
Section 3 Page 54 of 89
FORM TECH-24
DELETED
Section 3 Page 55 of 89
FORM TECH-25(QC)
Deleted
Section 3 Page 56 of 89
FORM TECH- 26A
Deleted
Section 3 Page 57 of 89
Family Name, First
Name
Section 3
Firm
Acronym
Area of
Expertise
Position
Assigned
Task
Assigned
Citizenship
Employment Status
with Firm (full-time, or
other)
Education / Degree
(Year / Institution)
TEAM COMPOSITION, TASK ASSIGNMENTS AND SUMMARY OF CV INFORMATION
CV signature (by
expert/by other)
Page 58 of 89
FORM TECH-26B
FORM TECH-27(CV)
CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL
FOR THE KEY PERSONNEL CHIEF DESIGN ENGINEER (TRACK –BLT)
1. PROPOSED POSITION :
2. NAME :
3. DATE OF BIRTH :
4. NATIONALITY (Passport No.) :
5. PERSONAL ADDRESS :
TELEPHONE NO. :
MOBILE NO. :
FAX NO.
E-MAIL ADDRESS :
6. EDUCATION :
(Minimum education is graduation
in civil engineering. The years in
which various Qualifications were
obtained must be stated. )
7. OTHER TRAINING :
8. LANGUAGE & DEGREE OF :
PROFICIENCY
9. MEMBERSHIP IN :
PROFESSIONAL SOCIETIES
Section 3 Page 59 of 89
From To Name of Name of the Position Mention whether Description Any
Employer Project, Held worked as In-charge of Duties other
Specific or one level below the discharged relevant
section of In-charge of the including facts
Project, Project/section of the Works
location & project or any other Undertaken
length capacity
Notes:
1. Under column ‘Position held’, mention the designation held i.e., Chief Designer, Dy.
Chief Designer, or any other position and clearly state if you were an employee of
any Firm along with your designation or have worked as a consultant or an adviser.
2. In case person has held more than one position in the same project, separate entry
for each such position should be made in the above table.
3. Under the column ‘Description of Duties discharged including Works Undertaken’,
clearly mention the type of work undertaken/supervised such as ballastless track
design, ballastless track construction supervision, etc. as applicable.
4. In case, only month & year are mentioned instead of exact dates for any employment
in ‘From’ and ‘To’ columns above, then for calculation purposes, total period for
that employment will include intervening months plus one month for that
employment.
12. CERTIFICATION (Please follow exactly the following format. Omission will be
seen as noncompliance)
(i) I, the undersigned Certify that, I have designed and worked with the
‘Eligible System’ as defined in the hurdle criteria given in clause
5.7.2.2.3.1 (a) of section 2-ITC of the bid document.
(ii) I, the undersigned Certify that, to the best of my knowledge and belief,
this bio-data correctly describes my qualifications, my experience and
myself. I understand that any wilful misstatement described herein may
lead to my disqualification or dismissal, if engaged. In case RVNL at any
stage detects that misstatement have been made by me, it would be at
liberty to take any appropriate action against me including debarment for
up to Three Years.
(iii) I have not been removed by Competent Authority of RVNL from any of
the RVNL works without completing my assignment and shall be
available to work with the consultants. In case I leave the assignment
without approval of RVNL or I am removed by RVNL on account of
some default, RVNL would be at liberty to take any appropriate action
against me including debarment for up to Three Years.
Section 3 Page 60 of 89
(iv) I hereby undertake that I will not leave RVNL assignment without giving
a minimum notice of 30 days and handing over of all records. I understand
that in case I do so then RVNL would be at liberty to take any appropriate
action against me including debarment for up to Three Years.
Note: Score out Item which is not applicable to you in (b) or (c) above. Fill up blanks
with requisite details in case (c) is applicable.
13. DELETED
Seal
Full Name…………………………
Title…………………………………
Address …………………………...
Note:
a) Scan of signed CVs of the concerned candidates on each page, with original
signature of the authorized representative of the firm are permitted for submission
with the proposal provided that if the Consultant’s proposal is ranked first, a copy
of the CV signed by the expat and authorized representative of the firm, in
original must be submitted to the Client before the agreement is signed.
b) Deleted
Section 3 Page 61 of 89
Annexure to FORM TECH-27(CV) (Expat)
Deleted
Section 3 Page 62 of 89
Form TECH-27A(CV)
Total Experience
Name of Individual single BLT Length for each
Ballastless project
SN Duration Net duration without overlap period track
construction
projects IF >=10km
From To Year Month Year Month (KM) (Nos.)*
(Y/N)
1
2
n
Total Completed Total
Years No.
Section 3 Page 63 of 89
FORM TECH-27(b) (CV)
CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH
PROPOSAL FOR THE KEY PERSONNEL CHIEF QUALITY CUM
PRODUCTION MANAGER (EXPAT)
1. PROPOSED POSITION :
2. NAME :
3. DATE OF BIRTH :
4. NATIONALITY (Passport No.) :
5. PERSONAL ADDRESS :
TELEPHONE NO. :
MOBILE NO. :
FAX NO.
E-MAIL ADDRESS :
6. EDUCATION :
(Minimum education is graduation
in civil engineering. The years in
which various Qualifications were
obtained must be stated. )
7. OTHER TRAINING :
8. LANGUAGE & DEGREE OF :
PROFICIENCY
9. MEMBERSHIP IN :
PROFESSIONAL SOCIETIES
Section 3 Page 64 of 89
From To Name of Name of Position Mention whether Description Any
Employer the Project, Held worked as In- of Duties other
Specific charge or one level discharged relevant
section of below the In-charge including facts
Project, of the concrete Works
location & works in the project Undertaken
length
Notes:
5. Under column ‘Position held’, mention the designation held i.e., Chief Quality
cum Production Manager, or one post lower, or any other position and clearly
state if you were an employee of any Firm along with your designation or have
worked as a consultant or an adviser.
6. In case person has held more than one position in the same project, separate
entry for each such position should be made in the above table.
7. Under the column ‘Description of Duties discharged including Works
Undertaken’, clearly mention the type of work undertaken/supervised such as
pre-cast concrete construction supervision, etc. as applicable.
8. In case, only month & year are mentioned instead of exact dates for any
employment in ‘From’ and ‘To’ columns above, then for calculation purposes,
total period for that employment will include intervening months plus one
month for that employment.
12. CERTIFICATION (Please follow exactly the following format. Omission will
be seen as noncompliance)
(iii) I hereby undertake that I will not leave RVNL assignment without
giving a minimum notice of 30 days and handing over of all records.
I understand that in case I do so then RVNL would be at liberty to
Section 3 Page 65 of 89
take any appropriate action against me including debarment for up
to Three Years.
Note: Score out Item which is not applicable to you in (b) or (c) above. Fill up
blanks with requisite details in case (c) is applicable.
13. DELETED
Seal
Full Name…………………………
Title…………………………………
Address …………………………...
Note:
c) Scan of signed CVs of the concerned candidates on each page, with original
signature of the authorized representative of the firm are permitted for
submission with the proposal provided that if the Consultant’s proposal is
ranked first, a copy of the CV signed by the expat and authorized
representative of the firm, in original must be submitted to the Client before
the agreement is signed.9
d) Deleted
Section 3 Page 66 of 89
Form TECH-27 (c) (CV)
Section 3 Page 67 of 89
FORM TECH- 28 (EXP) (DDC)
Deleted
Section 3 Page 68 of 89
Form TECH-29(EXP) (PMC)
Deleted
Section 3 Page 69 of 89
FORM Exp- 29(a)
FORM EXP-29(a): General Experience of Consultant
Name of Type of Ballastless Date of Installation Continuous Design and Design and
Project Track (Slab Type/ and year of Installed Length operating Axle Load operating Country of
Block/ Sleeper or any Operation (m) (in Metric Tonne) Speed Installation
other) (KmpH)
Section 3 Page 70 of 89
FORM EXP-29(b): Eligible System
[This form shall be filled by the bidder in compliance with clause 5.7.2.2.3.1
(b) of Hurdle Criteria of section 2-ITC of the bid document.
Contract of Similar Size and Nature
Name Of the Work
Award Date
Location of Work
Total Length of BLT in the
contract
Length of BLT in
Viaduct/Bridges
If partner in a JV or
subcontractor, specify
participation in total contract
Percentage of Total: Amount: INR
amount & Portion of the work
undertaken by the bidders
Section 3 Page 71 of 89
Employers Name, Current
Address and Current
Telephone/Fax Number, E-
Mail
The bidder shall attach a copy of the Certificate(s) issued by the employer/client in support of the
information being furnished in each para of above form, failing which the employer has the right to
reject the claims of the bidder. The bidder shall submit all other relevant documents like letter of
acceptance (award copy), copy of contract agreement etc.
Section 3 Page 72 of 89
FORM EXP-29(c): Eligible System
[This form shall be filled by the bidder in compliance with clause 5.7.2.2.3.1 (a)
of Hurdle Criteria of section 2-ITC of the bid document.
Contract of Similar Size and Nature
Name Of the Work
Award Date
Section 3 Page 73 of 89
Comments of the client
regarding the performance of
the BLT and maintenance
efforts in 5 years since the
date of operation
Description of the similarity in accordance with Criteria 5.7.2.2.3 of Section II
The bidder shall attach a copy of the Certificate(s) issued by the employer/client in support of the
information being furnished in each para of above form, failing which the employer has the right to
reject the claims of the bidder. The bidder shall submit all other relevant documents like letter of
acceptance (award copy), copy of contract agreement etc.
Section 3 Page 74 of 89
FORM EXP-29(d): Specific Experience
This form shall be filled by the bidder in compliance with clause 5.7.2.2.3.1 (c)
of Hurdle Criteria of section 2-ITC of the bid document.
Section 3 Page 75 of 89
5.5 Whether the IPR of the
Fastening System can be used
for RVNL by the
bidder (Yes/ NO), Provide
Details
Description of the similarity in accordance with Criteria 5.7.2.2.3 of Section II
Section 3 Page 76 of 89
FORM EXP-29(e): Details of Proposed BLT System and Fastening System
[The following table shall be filled in for the Bidder]
Date:[insert date,month,year]
Details of Proposed Ballastless Track Structure System
Name of BLT System
Name of fastening system used in this
BLT system
Approximate percentage of the
pre-cast component in the
proposed system
Expected installation rate (m/day/face)
of BLT laying
Section 3 Page 77 of 89
NOTE: 1. Copy of Test Report/Certificate(s) issued by the Testing agency in support of the information being
furnished above, shall be attached with this form.
2. Test report of the reputed independent institute/laboratory will have to be submitted. The test report should
be accompanied with the drawing of the fastening system including its components which have been tested and
reported upon is exactly same as the fastening system including its components that have been proposed by the
bidder in the tender. The testing is to be done for Cat-‘C’ as specified in EN-13481-Part-I 2012 & EN-13481-5:2012
with rail section to be used in proposed system. Bidder should submit a statement showing compliance or
otherwise, in juxtaposition to each clause and sub clause of the as specified in EN-13481-Part-I 2012 & EN-13481-
5:2012.
NOTE: 1. Bidder shall submit certified copies of relevant documents like letter of acceptance, contract
agreement, drawings, design reports, experience certificate issued by the client/employer etc. in support of
above details.
2. Bidder shall submit self-attested copies of calculations of pre-cast proportion supported by drawings of
executed BLT system.
Suitability for Turnout
Section 3 Page 78 of 89
Whether BLT with LWR has been laid on
Rail Bridges (Span arrangement of
Bridge, Type of Super structure may be
submitted)
NOTE: 1. Bidder shall submit certified copies of relevant documents like letter of acceptance, contract
agreement, drawings, design reports, experience certificate issued by the client/employer etc. in support of
above details.
2. Bidder shall submit copy of the LWR plan and specific drawing and design reports of BLT system over the
bridge along with RSI analysis, if any.
Note: Eligible System has been defined in Clause no. 5.7.2.2.3 of Section-2
Section 3 Page 79 of 89
FORM TECH 30
We undertake that from the list submitted by us for the personnel having the
prescribed qualifications and experience, and approved by RVNL, required
personnel at the required time as requested by RVNL, will be deployed within
90 days from the date of such request of the Employer.
Section 3 Page 80 of 89
Form TECH-31
Firm’s Name
S. Name of the Shareholder % Share Country of Origin
No.
1.
2.
3.
4.
5.
Verification:
Section 3 Page 81 of 89
Form-MII
Declaration for ‘Local content’ in terms of
‘Public Procurement (Preference to Make in India) Order 2017’, as
amended, issued by Department of Industrial Policy and Promotion
under Ministry of Commerce and Industry
I / We declare that:
1. The offer submitted against the meets the ‘Local Content’ requirement
as prescribed vide clause ITB 1.2.2 I.B and ITB 16.
2. The details of the location(s) where local value addition is made is as
below:
Imported
Items:
Made in India Imported Location of
BOQItem Description BOQ
Items:Amount Items: Value Value
no in brief Amount
of localcontent added in India added in
India
….
Total A B C
3. I / We also undertake that the ‘Local Content’ added in the entire work
will be submitted along with the final bill.
4. *I / We have also enclosed certificate from statutory auditor or cost
auditor of the company or from practicing cost accountant or chartered
accountant. [* Not required for tenders with estimated value up to
₹10.0 Cr.]
Section 3 Page 82 of 89
Form TECH-32
Section 3 Page 83 of 89
Form TECH-33
I/We undertake: -
The detail design of proposed Track Structure System (BLT) including of fastening
systems, which will be proposed after award of contract should not deviate from
the BLT system and fastening submitted for hurdle criteria based on which the
proposal is accepted. However, Eligible System will have to be suitably modified
as per terms of reference i.e section 4- TOR of the bid document.
NOTE: I/We understand that non-submission of above-mentioned forms in our bid may result in
rejection of the bid.
Section 3 Page 84 of 89
FINANCIAL FORMS
Section 3 Page 85 of 89
FORM FIN-1
From:
…………………………
…………………………
To:
-------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
---------------------------------
3. Unless and until a formal agreement is prepared and executed, this proposal
together with your written acceptance thereof, shall constitute a binding
contract between us.
Section 3 Page 86 of 89
4. I/We ………………….. (Name of the Consulting Firm) submit herewith
our Financial Proposal for selection of our firm/organization as Detailed
Design and Project Management Consultant for the above mentioned
Project.
5. Our attached financial proposal is for the sum of Rs. …… (Rupees …….
only) inclusive of all taxes but exclusive of Goods and Service Tax (GST).
8. I/We undertake that, in competing for and in executing (if the award is
made to us) the above contract, we will strictly observe the laws of the land
in force against fraud and corruption.
10. I/We agree to allow RVNL, at its option, to inspect and audit all accounts,
documents, and records relating to the Consultant’s Proposal and to the
performance of the ensuing Consultant’s Contract.
12. We have not made any tampering or changes in the RFP documents on
which the bid is being submitted and if any tampering or changes are
detected at any stage, we understand the bid will invite summary rejection
and forfeiture of bid security/the contract will be liable to be terminated
along with forfeiture of Performance Security, even if LOA has been
issued.
Section 3 Page 87 of 89
13. I/We understand that, the Rail Vikas Nigam Limited is not bound to accept
any proposal that the Rail Vikas Nigam Limited may receive.
Yours faithfully,
………………………..
Address: ……………………..
………………………………...
Enclosures: As per ITC Form FIN-1 to FIN-2
Section 3 Page 88 of 89
FORM FIN-2
Excel Sheet uploaded, same should be Quoted for Rate. Rate against each item
shall be mentioned in numbers as well as in words.
Section 3 Page 89 of 89
Bill of Quantities
PREAMBLE
1. The consultant shall set up Local Design Office in NCR (National Capital
Region) of India within 45 days of receipt of Letter of Acceptance (LOA)
during pre-construction stage. The rates quoted in Form FIN-2 include
cost of Local Design office including its logistics support complete in all
respect and are also inclusive of all costs of key personnel, support staff,
transportation, office rent, office supplies & utilities, communication,
furniture, equipment, reports & documents, residential accommodation
for the Design Office personnel of the Consultant. Nothing extra shall
be payable on this account other than quoted rates except Goods and
Service Tax which shall be paid extra as applicable.
3. The rates quoted in Form FIN-2 are all inclusive of cost of setting up of
Local Design office, its operational & logistics costs, all remunerations
of key personnel, other experts, support staff etc., as may be required
to deliver the services. Quoted rate also includes transportation
charges, office rent, expenditures on stationary, utilities,
communication, furniture, computers, software, equipment, reports
and residential accommodation of the personnel employed etc., Nothing
shall be paid extra on this account.
5. The rates quoted in Form FIN-2 include cost involved in providing all
services mentioned in clause 1.3 of part 1 of TOR-section 4, including
the expenditure on all experts and facilities required to carry out the
deliverables for detailed design and other site related activities.
6. Price variation adjustment clause is applicable only for items A105 and
A106 of the BOQ. No price variation adjustment is payable on any other
item.
7. Item A102 of the BOQ will be operated solely at the discretion of the
client/employer. In this regard, employer’s decision will be final and
binding on both the parties. No claims regarding the decrease in value
of the contract price due to non-operation of the item will be admissible.
Rail Vikas Nigam Limited
e-tender No:
Engagement of Ballastless Track Structure “System Provider and Designer” to provide detailed Design and support for installation of Ballastless track “In tunnels, bridges and formations including all yards between chainage
Name of
Km 5+662 (FLS) to chainage Km 125+200 (FLS) in connection with new BG line between Rishikesh and Karanprayag in the state of Uttarakhand, India.”
Work:
% Stage
S.No. Description of Item Qty Unit Quoted Rate (in INR) Quoted Amount (in INR)
Payment
In Figures In Words In Figures In Words
A101 Detailed design and drawings of Ballastless track using Contractor's own fastening system for axle loads and speeds as specified in the technical
requirements & technical specifications in TOR, section 4, including submission of Design criteria, Calculations, Design Methodology, Detailed
design, detailed drawings, construction methodology, QAP, maintenance manuals, damage rectification methodology, including all its various
components as per various input parameter and characteristics of various component of fastening system, etc as a complete job as per scope
of services and delieverables given in TOR-section 4 of bid document. Design and drawing shall be proof checked by the RVNL appointed proof
consultant. The design will be property of RVNL/Railway to be used in the projects of RVNL/Railways. Design broadly includes following services
also but not limited to:
(i) Design for ballastless track in straight and curves in tunnels (including Cut & Cover) including transition at approaches.
(ii)Design for ballastless track in straight and curves in bridges including transition at approaches.
(iii)Design for ballastless track in bridges including provision of rail free fastening and low toe-load fastenings.
(iv) Design for ballastless track in straight and curves on formations (cutting/filing) including transition portion.
(v) Design of the turnouts with all necessary fittings and approval from RDSO for the ballastless track taking off from straight track (1 in 8.5, 1 in 12 and 1 in
16) including transition portion, if any.
(vi) Design of the turnouts with all necessary fittings and approval from RDSO for the ballastless tracks for turnouts taking out from the curved track (1 in
8.5, 1 in 12 and 1 in 16). 1 Lump sum
(vii) Design and approval from RDSO of the switch expansion joint (SEJ) for the ballastless track including transitions.
(viii) Submission of the LWR plans and approval from Northern Railway.
(ix) Submission of feasiblity report for determining which Track length/features should be Ballasted and which should be Ballastless.
(x) Submission of QA and QC documents for production of pre-fabricated elements.
(xi) Submission of installation manual including construction methodology.
(xii) Submission of QA manual for installation of BLT.
(xiii) Submission of maintenance manual, renewal manual and methodology of restoration of damaged track.
(xiv) Design of C-clamps for holding the joggled fish plates for emergency protection of rail/weld joints in ballastless track.
(xv) Submission of the welding plans with minimum permissible number of AT welds.
(xvi) Submission of all types of reports as per TOR-section 4 of bid document.
(xvii) Submission of specifications, design and drawings of proven fastening system.
(xviii) Submission of inspection test plan for ballastless track structure system (pre-fabricated elements and fastening system).
(xix) Submission of factory setup report.
A101a Submission of Inception Report as a complete job and acceptance thereon by RVNL.(Ref. para 4.3.1 of TOR Part-1 Section-4 of the bid document). 20%
Note: 70% of 20% shall be made on submission and in-principle acceptance of report by RVNL and balance 30% of 20% will be made on approval of
report by RVNL.
A101b Submission of the LWR plan of Rishikesh Karanprayag section and acceptance thereon by RVNL and Northern Railway. 10%
A101c Submission of Pre-Final Design as a complete job and acceptance thereon by RVNL. (Ref. para 4.3.2 of TOR Part-1 Section-4 of the bid document). 40%
Note:
1. 30% of 40% shall be made on submission of DBR and in-principle acceptance of report by RVNL and balance 20% of 40% on approval of report by
RVNL.
2. 30% of 40% shall be made on submission of pre-final detailed design of BLT structure system including design reports, calculations, drawings of all
track components and in-principle acceptance of these by RVNL and balance 20% of 40% on approval of these by RVNL.
A101d Submission of all types of reports as mentioned in description of item A101 -(ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii) and (xviii) and acceptance 10%
thereon by RVNL. (Ref.TOR-section 4 of the bid document)
Note:- 50% of the 10% shall be made on submission and in principle acceptance of these reports by RVNL and balance 50% of 10% on approval of these
reports by RVNL.
A101e Submission of Final Design as a complete job and acceptance thereon by RVNL. (Ref. para 4.3.4 of TOR Part-1 Section-4 of the bid document) 20%
Note: 70% of 20% shall be made on submission and in-principle acceptance of report by RVNL and balance 30% of 20% on
approval of report by RVNL
A102 Cost of Transfer of Technology along with IPR, if any to RVNL as per para No. 2 of TOR Part-1 section-4 of the bid document. 1 Lump sum
A103 Submission of tender document complete in all respects for bidding, involving Bill of Quantities (BOQ), specifications, TOR, preliminary tender design/ 1 Lump sum
drawings, quantity calculations, Calculation and Analysis of rates, Quality Assurance Plan (QAP), Specific/General Conditions etc. for all works required for
construction of BLT works and associated works as per para 4.3.3 and para 5 in part 1 of TOR-section 4 of the bid document.
A104 Manpower for training, as per Clause 1.3 (xii) and 4.8.2 of TOR part 1 of - section 4 of the bid document.(1x30 mandays) 30 Mandays
A105 Manpower for production supervision at factory, as per Clause 6.2 TOR part 1 of -section 4 of the bid document.(1x30 man months EXPAT) 30 Man-Months
A106 Manpower for technical supervision of BLT structure system installation as per clause 1.3 (xiii) of TOR part 1 of -section 4 of the bid document.(8x36 man 288 Man-Months
months)
A107 Providing support for instrumentation , testing and clearance from the statutory bodies as per clause 4.7 TOR part 1-section 4 of the bid document 1 Lump sum
A108 Rail-Structure Interaction(RSI) Analysis of Railway Bridges (Abutment to abutment. Details of all the bridges are given in para 1 of TOR Part 1 section 4 of 907 per metre length
the bid document.) including composite girder bridges, psc girder bridges, open web girder bridges, underslung steel truss bridges or any other type of of bridge
bridge or any combination of steel and concrete bridges.The rates are also inclusive of any number of Railway Tracks over the bridge ie. single track ,
double track or multi tracks over the bridge. Rates are inclusive of single span railway bridges or multi-span railway bridges.
A109 Arrangement for study tour for training, knowledge ehancement, and inspections covering design aspects, construction, maintenance, technological 150 Man days
advancements in BLT, etc. , in the country of origin as per clause 4.8.1 of part 1 of TOR-Section4.
Total for Bill No. A
NOTE:
1 Rate against each item shall be quoted in figures as well as in words.
2 Price variation adjustment clause is applicable only for items A105 and A106 of the BOQ. No price variation adjustment is payable on any other item.
3 Item A 102 will only be operated solely on the discretion of the client/employer
TERMS OF REFERENCE
For
Engagement of Ballastless Track Structure
“System Provider and Designer”
to provide detailed Design
and
support for installation of Ballastless track
SECTION – 4
Section 4 Page 1 of 72
CONTENTS
1. Introduction 4
2. Brief of the project 4
3. Status of other works 5
4. Objective and scope of the consultancy
5
services
5. General requirements of the consultants 8
6. Technical standards and specifications 9
7. Role of RVNL 10
8. Consultants’ organisation and staffing 10
9. Data to be provided by the RVNL
10
10. Facilities for the personnel
11
Section 4 Page 3 of 72
Terms of Reference- General
1 Introduction
1.1 Ministry of Railways, Government of India has entrusted Rail
Vikas Nigam Ltd (RVNL), a PSU under Ministry of Railway,
with the responsibility of execution of 125 km long single line
new BG Rishikesh- Karanprayag Rail Line infrastructure
project under the jurisdiction of Northern Railway, to be
financed by Govt. of India, in the State of Uttarakhand. Rail
Vikas Nigam Ltd (RVNL) is the Implementing Agency (IA) of the
project.
1.2 Name of the Assignment: Engagement of Ballast less tack
(BLT) structure “System Provider and Designer” to Provide
Detailed Design and Support for installation of track in
tunnels, bridges and formations including all yards between
5+662(FLS) to 125+200(FLS) in connection with New BG Line
between Rishikesh and Karanprayag in State of Uttarakhand.
Section 4 Page 4 of 72
3 Status of other works the 125km stretch of Rishikesh
Karanprayag is divided in 10 tunnel construction packages. There
are 17 tunnels and 18 bridges along the alignment. The work in all
the tunnels, bridges and formations is in progress at various
stages. The 5.7km track length between Virbhadra Railway station
to Yog-Nagri Rishikesh (YNRK) Station has been completed.
(iii) The rates quoted in Form FIN-2 are all inclusive of cost of
setting up of Local Design office, its operational & logistics
costs, all remunerations of key personnel, other experts,
support staff etc., as may be required to deliver the
services. Quoted rate also includes transportation charges,
office rent, expenditures on stationary, utilities,
communication, furniture, computers, software,
equipment, reports and residential accommodation of the
personnel employed etc., Nothing shall be paid extra on
this account.
(iii) RVNL will arrange to provide the site office and other
facilities as indicated in the Attachment 3 to Annex 1
(section 2) during the construction stage.
Section 4 Page 11 of 72
TERMS OF REFERENCE PART-1: TOR FOR
DETAILED DESIGN AND DESIGN SUPPORT
DURING CONSTRUCTION STAGE
Section 4 Page 12 of 72
Part-1: Terms of Reference
for
Detailed Design; and Design Support during construction stage
1 Specific Details:
1.1 Details of the Project: The salient feature of the project are as
under:
(i) Technical Parameters
SN ITEM PARAMETERS
1 Gauge 1676 mm (BG), Single line
2 Electrification Electrified Section.
3 Ruling gradient 1 in 80
4 Maximum degree of curvature (on 2.75° with relaxation up to 4° on need
Main Line) base.
5 Maximum speed for Passenger 100 kmph
Trains
6 Maximum speed for goods Trains 65 kmph
7 Maximum speed on turnouts 50 kmph
8 Limiting gradient in station yards 1 in 400 (Max)
9 Loading standard 25MT standard loading of 2008
10 Seismic Zone According to the seismic zoning map
of India, the entire alignment lies in
Zone-IV.
11 Total Length (km) 125.20
12 No. of New Stations (Nos.) 11
13 No. of tunnels (Nos.) 17
14 Total Length of Main tunnels (kms) 117.14
15 No. of Major Rail bridges (Nos.) 18
16 Total Length of Major bridges (m) 2767.75
Proposed
Tentative Tentative
Bridge Span No. of Curve/
No. Name
Start End Length
Arrangeme Tracks Straight
Chainage Chainage
nt
Bridge at
2.329
Br1 Chandrabh 5+687.450 6+001.850 314.40 12x24.400 One
aga (Curve)
1x32.839+
Bridge at 1x32.710+ 2.00
Br2 Shivpuri
18+448.814 18+579.551 130.74 Triple
1x32.613+ ( Curve)
1x32.600
Bridge at
Br3 Guller
24+808.780 24+939.180 130.40 4x32.600 Single Straight
1.989
Triple Track
Bridge at (Partial
Br4 Byasi
33+104.705 33+202.655 97.20 3x32.650 with 2
Curve) in
platforms
transition
Section 4 Page 13 of 72
Bridge at 1x26.350+
Br5 Kaudiyala
35+472.603 35+596.903 124.55 Single Straight
3x32.650
Bridge at 1x32.650+
Br6 Devprayag
45+462.850 45+620.500 155.10 Single Straight
1x125.000
3.977
Bridge at
(Partial
Br7 Podi 45+882.999 45+915.649 31.93 1x32.650 Single
Nallah Curve) in
transition
Bridge at
Br8 Alaknanda 63+106.250 63+383.000 276.75 3x90.000 Single Straight
Lachmoli
Bridge at
3.182
Br9 Alaknanda 73+010.800 73+499.800 489.00 15x30.500 Single
Srinagar (Curve)
Bridge at Triple/X- 0.769
Br10 Dhari in
82+849.000 82+924.000 75.00 1x72.000
Over (Curve
Bridge at Triple/X- 0.769
Br11 Dhari out
83+667.050 83+862.950 195.90 4x47.550
Over (Curve)
Bridge at 2.33
Br12 Narkota
91+201.375 91+227.525 26.15 1x24.400 Single
(Curve)
Bridge at Triple/X- 1.20
Br13 Tilani out
101+395.063 101+427.773 32.71 1x32.710
Over (Curve)
Bridge at Triple/X-
Br14 108+101.514 108+265.064 163.55 5x32.710 Straight
Gholtir in Over
3.68
5x37.470+
Bridge at (Curve)+
Br15 Gauchar
117+166.800 117+508.770 341.97 1x79.680+ Single
Straight
2x37.470
part
Bridge at Triple/X-
Br16 Sivai
123+930.000 124+060.000 130.00 4x32.500 Straight
Over
Langali- Single/X-
Br 17 Kolda Nala
125+449.000 125+475.200 26.20 1x24.400 Straight
Over
Br 17 Langali-
125+449.000 125+475.200 26.20 1x24.400 Double Straight
A Kolda Nala
Statement of Tunnels
Start Length of
END
Chainage Embankment Block Section Yard
CHAINAGE
CHAINAGE (km)
6+015 6+815 0.800 Yognagari Rishikesh-Shivpuri
17+65 18+448 Yognagari Rishikesh-Shivpuri
Shivpuri Yard
0.798 Shivpuri -Byasi
18+579.718 18+685 0.105 Shivpuri -Byasi
Section 4 Page 17 of 72
24+775.5 24+808.8 0.033 Shivpuri -Byasi
24+9392 25+4875 0.548 Shivpuri -Byasi
32+145 33+104 Shivpuri -Byasi and Byasi
Devprayag Byasi
0.959
33+202 33+39 0.188 Byasi- Devprayag
35+435 35+472 0.037 Byasi- Devprayag
35+596.54 35+624.01 0.027 Byasi- Devprayag
45+39 45+462 0.072 Byasi- Devprayag
45+62 45+636.5 0.016 Byasi- Devprayag
45+866.75 45+882.74 0.016 Byasi- Devprayag
45+915 45+93 0.015 Byasi- Devprayag
47+2 47+588 Byasi- Devprayag and
Devprayag
0.388 Devprayag -Janasu
62+165 63+106 Devprayag-Janasu and
Janasu
0.941 Janasu-Maletha
63+383 63+584 0.201 Janasu Maletha
66+452 67+35 Janasu Maletha and
Maletha
0.898 Maletha-Srinagar
71+417 73+01 Maletha-Srinagar and Srinagar
1.593 Srinagar-Dhari Devi Yard
73+499 73+75 0.251 Srinagar-Dhari Devi
82+825 82+849.74 0.025 Srinagar-Dhari Devi
82+924 83+657 Srinagar-Dhari Devi and
Dhari Devi
0.733 Dhari Devi-Tilani
83+861 83+9 0.039 Dhari Devi-Tilani
91+052 91+165 0.113 Dhari Devi-Tilani
91+191 91+223 0.032 Dhari Devi-Tilani
100+644 101+395 Dhari Devi-Tilani and
Tilani
0.751 Tilani Gholtir
101+427 101+57 0.143 Tilani Gholtir
108+055 108+101.54 0.046 Tilani Gholtir
108+265 108+95 Tilani Gholtir and
Gholtir
0.685 Gholtir-Gauchar
115+962 117+166.8 Gholtir-Gauchar and
Gauchar
1.204 Gauchar Karnapryag
117+508.7 117+578.5 0.070 Gauchar Karnapryag
123+863 123+93 0.067 Gauchar Karnapryag
124+06 125+449 Gauchar Karnapryag Karnaprayag
1.389 Karnaprayag yard
125+475.2 125+496.65 0.021 Karnaprayag yard Karnaprayag
Section 4 Page 18 of 72
(vii) List of curves
1.2 Definitions
(i) CRS: Commissioner of Metro Railway Safety/Commission of
Railway Safety.
(ii) MOR: Ministry of Railways
(iii)Eligible System or Proven Track Structure: shall mean a
ballast less track Structure system or fastening system installed
anywhere in India or elsewhere the world which should have
been in successful operation on mixed traffic conditions for a
continuous minimum length of 10 km with minimum axle load
of 22MT on goods trains and operational speed of at least 130
kmph on passenger trains for at least 5 Years since the date of
operation as on deadline of submission of proposal.
(iv) Proof Checking Agency: Agency appointed by RVNL for the
review and checking of all the designs, drawings, documents,
etc. submitted by System Provider (DDC).
(v) RDSO: Research Designs and Standards Organization, under
MOR.
(vi) System Provider: System provider is the firm which has
successfully provided the proven eligible ballastless system or
supplied proven fastening for eligible system.
(vii) Designer: Designer is the firm which has designed the proven
ballastless track system which should have been in successful
operation on mixed traffic conditions for a continuous minimum
length of 10 km with minimum axle load of 22MT on goods
trains and operational speed of at least 130 kmph on passenger
trains for at least 5 Years since the date of operation as on
deadline of submission of proposal.
(viii) System Provider and Designer: The agency to be engaged
under the extent tender.
(ix) Consultant: The agency to be engaged under the extent tender
Section 4 Page 20 of 72
which is system provider and designer is referred as Consultant
in the extent tender.
Track Structure System: Track structure System is Ballast
less track (BLT) includes all components of track such as Rails,
Rail Fastenings, Rail Support system, sleeper/ slab, Mass
Spring System and all other components to be provided above
the track bed including connections with the track bed.
(x) Track Construction Contractor (Contractor): Agency
responsible for execution and installation of track structure
along with supply and fixing of approved fastenings, appointed
by the Employer.
(xi) SOD: Indian Railway Schedule of Dimension.
(xii) Ballastless track: A ballastless track or slab track is a type of
railway track in which the elastic combination of ties/sleepers
and ballast is replaced by a rigid construction of concrete.
(xiii) Ballastless track system: It is a combination of ballastless
track and Rail Fastenings.
2. Transfer of Technology
2.1 System provider shall transfer technology and know-how of
the proposed track structure system and fastening systems
to RVNL through proven designs, drawings, technical
specifications, other relevant documents and demonstrating
the techniques for production of various elements &
installation.
2.2 System Provider shall provide all valid and necessary
unconditional IPR of the proposed ballastless track or
fastening system Track Structure System and fittings in
entirety, if any to RVNL for the production and installation
of Track structure system. It is a deemed accepted condition
of contract that the System Provider indemnifies and save
harmless the Employer from and against all claims and
proceedings on account of infringements of patents rights,
design, trademark name etc.
2.3 Decision for transfer of technology including intellectual
property rights (IPR of ballastless track or fastening system)
shall be solely at the discretion of the client/employer. In
this regard, employer’s decision will be final and binding on
both the parties. No claims regarding the decrease in value
of the contract price due to non-operation of the item will be
admissible.
Section 4 Page 32 of 72
All deliverables as per scope of work; and
Such other documents as may be submitted by
the consultant at the request of RVNL’s
representative to illustrate and describe the
Permanent works and for which a letter/notice
has been issued.
The submission shall contain the final design
drawings, specifications, Bill of Quantities and
Employer’s Requirements for use in the Contract
Documents and Drawings for issue on award of the
Construction. Complete design report including a sign
off letter from each designated consultant/designer
shall also be submitted.
4.3.5 Key dates for Detailed Design activities
Activities shall be completed as per the Key Dates
given below:
Section 4 Page 33 of 72
1(g) Acceptance thereon by RVNL/Proof-consultant. 26
Section 4 Page 34 of 72
after which the consultant will submit final copies for
execution and record. However, the responsibility for
correctness/adequacy of the design shall continue to lie
with the consultant.
Section 4 Page 39 of 72
System Provider shall review the as-built drawings submitted
by the contractors with respect to GFC/ Latest design
Modifications on a continuous basis.
10 Organization
10.1 General
System Provider shall establish an efficient organization
to the satisfaction of the Employer for carrying out all
services according to programme and requirements
organization chart shall be submitted to the Employer.
Section 4 Page 40 of 72
10.2 Professional independence
9.2.1 Consultant shall have no direct or indirect interests
in commercial, manufacturing or contracting
activities that might tend to influence its
professional judgment. It is remunerated solely by
the fees paid to it by RVNL.
**********
Section 4 Page 42 of 72
Part-2:
Terms of Reference
for
Technical specifications
Section 4 Page 43 of 72
1 Technical Specifications for Ballastless Track (BLT)
(i) Main line for 25MT axle load & speed 130 100 kmph (Mixed
traffic)
(ii) Loop line for 25MT axle load & speed 50kmph.
(iii) Dynamic augment shall be 2.5.
Section 4 Page 44 of 72
(x) Design service life of Ballastless track should be
minimum 100 years.
Section 4 Page 45 of 72
environment without introducing intolerable electromagnetic
disturbances to anything in that environment.
1.2.4 The running rails are part of the signalling system. In order
to form the track circuit, the running rails shall have sufficient
electric conductivity.
1.2.5 Both the traction power supply system and the signalling
system have requirements for the rail-to-rail insulation.
Therefore, a minimum rail-to-rail insulation shall be provided.
These requirements are expressed in terms of the resistance of
fastening systems in kΩ.
Section 4 Page 46 of 72
defines the requirements for ballastless track system subject to
environmental actions and man-made effects acting on the
system due to:
(a) water including snow and ice: Exposure to water shall be
considered over the design life of the ballastless track
system. In the design phase the following conditions of
exposure to water shall be considered:
Rain water, tunnel leakage water, ground water, air
humidity
Water in the event of a fire being extinguished.
The ballastless track system shall have a drainage
system with sufficient capacity, strength and stability
to resist ground water pressure, which permits rapid
removal of surplus water and which is easy to
maintain.
Requirements for the substructure drainage system
shall be compatible with the drainage system for the
ballastless track system.
If ground water pressure occurs at the interface
between the substructure and the ballastless track
system, the effects of water shall be taken into
account in the design.
Section 4 Page 47 of 72
ballastless track system, normally with the use of fixations
between subsystems according to EN 16432-2:2017, 6.5.
Section 4 Page 48 of 72
e. understanding the interfaces such as those that arise with
transitions in and between substructures and track
components, such as switches and crossings;
f. parameters influencing environmental performance (e.g.
vibration emissions);
g. combination with either assumptions or nominations in
respect of:
(i) construction methodology;
(ii) track stability in the vertical, lateral and longitudinal
directions, accounting also for dynamic effects;
(iii)rail and components for its fixation.
Section 4 Page 49 of 72
Track stability in the lateral direction shall be
demonstrated according to EN 16432-1 by:
a. fixations introduced at the interfaces between
subsystems and components designed to handle
horizontal forces
b. application of the lateral and longitudinal
resistance force between prefabricated element and
substructure, shall result in a lateral displacement not
exceeding 2 mm.
1.3.6 A special construction is required between
Ballastless track and ballasted track
Different types of Ballastless tracks (for stiffness
transitions)
At the transition between ballastless track and
ballasted track, different vertical deflections at the rail
can occur. These different deflections can result in
similar load distributions as for a sudden change in
stiffness, leading to increased settlement of the
ballasted track and an increased degradation risk at
the ballasted track supports.
Therefore the transition zone should be designed to
limit the differential settlement to a minimum:
— no sudden change in track stiffness should occur at
the transition. For this reason elastic rail pads under
sleeper pads or ballast mats may be applied;
— the bound base layers according to 10.4 may
continue under the ballast over a certain length;
— the ballast may be glued;
— additional rails may be installed to increase the load
distribution.
1.3.7 Adjustments
Adjustments of the rail geometry may be provided by
the fastening systems.
1.3.8 Geometrical tolerances of the prefabricated unit
A quality system shall be provided, which is defined
and maintained in a quality manual. This manual shall
address all testing requirements including definition of
testing equipment, method of testing, frequency of test
etc. The geometrical tolerances shall be fixed in this
Section 4 Page 50 of 72
quality manual. In particular the following quality
characteristics shall be checked:
Length
Width
Thickness
Rail seat distance
Vertical and lateral alignment of rail support points
Dimension of grouting openings
Exterior and inner rail support point distance
Depth gauge
Inclination
Surface and planarity
1.3.9 Storage, handling and transportation of the prefabricated
unit
The consultant has to submit the method statement
which comprises of the following points, but not limited
to:
a. maximum number of slabs mounted on top of each
other
b. method for the slab storage (3-point-mounting, 4-
point-mounting, etc.)
c. equipment used for the storage, handling and
transport of the slab
d. the slab installation method step by step which
ensures that the geometrical tolerances defined in
the quality plan are met:
1. vertical position of the track
2. horizontal position of the track
3. track gauge
4. rail seat distance.
It should be ensured that the slabs are continuously
supported and bedded. Quality control tests during on
sire installation shall be done as per information given
in table E.4 of EN 16432-Part 2.
Section 4 Page 51 of 72
system and establishing bond to the pavement or any
supporting structure
Section 4 Page 52 of 72
1.4.7 Vertical track stiffness should be uniform along the track
except along designed transitions to control additional dynamic
vehicle-track interaction forces.
1.4.8 Key criteria for acceptance of work:
Documentation shall be provided demonstrating that interfaces
between different subsystems have been built according to the
ballastless track system design.
1.4.9 Drainage:
All drainage paths that could affect the performance of the track shall
be checked with regards to functionality. It shall be ensured that the
surface roughness and slopes are in accordance with the design.
Inspections should also make sure that no alterations nor additions
have been made to the design that can hinder drainage.
Section 4 Page 53 of 72
Waterproofing measures.
Drainage system.
Shear connection to the deck(s) to confirm compatibility with
the construction method and system for ballastless track
system. This may include reinforcement stirrups and surface
roughness of concrete protection layer and/or the top surface
of the bridge deck.
In addition to these parameters, any specific track-bridge
interaction design or assessment previously undertaken for a
bridge structure shall be checked for any additional parameters
that require verification.
1.4.12 Ballastless track in tunnels:
Drainage.
Compaction and substructure stiffness (e.g. demonstrated by
deformation modulus Ev2) on either side of and across the
change of substructure.
Geometry and position of substructure joints.
Differential settlements or heave.
Section 4 Page 54 of 72
1.4.14 Absolute surface level check:
An absolute surface level check shall be carried out on base layers.
Unless otherwise specified, the locations to check the level of frost-
blanket layer, unbound base layer, cement treated base or
bituminous base layer shall be 1,30 m to the right and left of the
track axis at every 5 m chainage and at beginning and end of the
ballastless track system.
2 Track Details
Ballastless track for Indian railways shall be designed for following
track details:
(i) Rail section: Rail profile shall conform to UIC 60 (90/110
UTS/HH) or (60E1 1175 HT Rails) and Rail material shall
conform to IRS-T-12-2009 class-‘A’, including manufacturing
and testing in accordance with IRS-T-12-2009 with latest
amendments.
(vii) Speed potential: Full speed prevailing on main line (130kmph) &
loop line (50 kmph).
Section 4 Page 56 of 72
(xii) Ballastless track should be designed in such a way that It
should be possible to do in-situ AT welding as per the Indian
Railways welding manuals, in case of Rail/Weld failure.
3 Traction Details
Rail-to-rail electric insulation: Both the traction power supply system and the
signalling system have requirements for the rail-to-rail insulation. Therefore, a
minimum rail-to-rail insulation shall be provided.IR has Diesel / Overhead
Electric (25 KV) traction. The Ballastless track design should have adequate
electrical insulation for correct performance of signalling and traction
equipment’s even in flooded condition during monsoon for which necessary
local field visit may be done and the design should take care of return current
as per traction.
4 Signalling Details
The running rails are the part of the signalling system. In order to form the
track circuit, the running rails shall have sufficient electrical conductivity. For
signalling, the track circuiting is provided through the rails. The ballastless
track system should take care of the same with adequate insulation. A
minimum electrical resistance of 5Ω per Km as per Indian Railway Signalling
Manual needs to be ensured.
5 Derailment Guards
The design of the ballastless track system shall consider the effects of actions
due to the wheels of a derailed vehicle and the likelihood and consequences of
tipping of a derailed train. Suitable arrangement for prevention of derailment in
tunnels / viaduct as per instructions issued by Indian railway from time to
Section 4 Page 57 of 72
time in the form of derailment slab/block shall be provided to keep the derailed
wheels in confined space and prevent damage in case of derailment. Derailment
guard shall be designed such that in case of derailment:
(i) The wheels of a derailed vehicle under crush load, moving at maximum
speed are retained on the viaduct or tunnel etc.
(ii) Damage to track and supporting structures is minimum.
Section 4 Page 58 of 72
7.1.2 Slab track
Track in which the structure supporting the rails and transmitting the track
forces into the sub-base consists of a slab supported directly on a formation
without ballast.
7.1.3 Baseplate
Non-elastic component which supports the rail and is secured to the
supporting structure.
Section 4 Page 59 of 72
7.2 General
7.2.1 The fastening system shall be designed to hold the two rails of the track
strongly to the supporting structure in upright position by resisting the
vertical, lateral and longitudinal forces (including thermal forces) and
vibrations.
7.2.2 The fastening shall provide specified insulation as per client requirements
or EN 13481-5 to take of return current of traction system. Further, Fastening
system shall be capable to maintain electrical resistivity as per provision
contained in EN 13146-5.
7.2.3.1 The BLT fastening shall have design service life of 30 years in general,
except embedded parts in concrete, if any, which shall be designed for 100
years or shall be of replaceable type. However, its components such as rail pad,
tension clamp/rail clip. can be designed for 300 GMT or 15 years whichever is
less. Its components must not suffer any degradation during service life to a
degree which may affect the performance.
Section 4 Page 60 of 72
be capable of providing required elasticity & dampening within the
fastening system;
Permit quick and easy installation and replacement with special tools.
The fastenings in the track slab shall enable the adjustment of individual
rail seat height to compensate for settlement or elevation of the track
slab, with a minimum height adjustment capability up to 25 mm and
minimum gauge adjustment capability of fastening system at rail seat
shall not be less than ±5mm. The rail seat adjustment in fastening
system should be achievable in steps of 1 mm.
Section 4 Page 61 of 72
7.3.1 Longitudinal rail restraint or longitudinal stiffness
For discrete fastening systems, the longitudinal rail restraint shall be not less
than 7 kN when measured by the procedure in EN 13146-1. On structures
such as long bridges, the longitudinal force transmitted between the track and
the structure may be calculated by the method in EN 1991-2. The value of
Fmax measured in accordance with EN 13146-1 may be used in the
calculation. In such cases and subject to agreement between the purchaser
and manufacturer, the minimum requirement for longitudinal restraint may be
reduced.
7.3.4 Electrical resistance of the fastening system and slab track elements
If the purchaser requires the fastening system to provide electrical insulation,
this shall be not less than 5 kΩ when measured in accordance with EN 13146-
5. The purchaser may specify a different value for use with certain track
circuits in accordance to the Indian Railways requirement.
After removal of the load, there shall be no visible cracks in the concrete, grout
or mortar adjacent to the component tested. Spalling of mortar immediately
adjacent to the cast-in component is permissible.
7.4
The fastening system supplied shall be tested and complied as per the EN
standards. In case some of the tests are not covered in EN standards,
European standards for component material /testing can be used with the
approval of the Employer. Some of the standards which are envisaged for the
BLT fastening system are as below:
7.4.2 The rail fastening system shall meet the acceptance criteria prescribed in
EN 13481-1 & EN 13481-5 respectively.
7.4.3 The fastening system shall be subject to the loads and conditions as per
EN 16432-1 and EN 16432-2.
7.5
The consultant shall ensure that Contractor submit ITR (Internal Test Report)
for each lot of material, components and assemblies for the tests conducted as
specified in their respective codes.
7.6
Indian Railways/RVNL shall get regular testing of the fastening system as per
EN-13481-5:2012 during regular production of the fastenings at the factory as
Section 4 Page 64 of 72
per inspection plan. The Employer/ Engineer shall appoint Inspecting authority
for pre-dispatch/pre-shipment inspection & testing of materials as per the
approved Inspection and Testing plan. Where no procedure for testing is
specified, the consultant shall propose suitable standard or particular
procedures for Employer’s Approval. After production of fastening as per
specification, lots shall be formed and offered to Inspecting agency/RVNL for
inspection. After inspection Certificate is issued by the inspecting officials,
fastenings shall be dispatched to work sites. The materials, equipment, labour,
fittings/components required for testing and all other testing facilities required
for testing shall be arranged by the Contractor at his own cost. For those tests,
for which the testing facilities are not available with the Supplier, the tests can
be conducted in reputed laboratories/Institutions at Contractor’s cost with
prior approval of the Employer.
7.7
In addition to the inspection and testing by inspecting authority, the Employer
or his authorized representative may also witness the tests and/or conduct test
checks to be organized by Supplier for validation of test/inspection by
inspecting authority. Test of individual components of BLT fastening shall be
carried out in presence of the Purchaser / authorized representative to
ascertain compliance of these as per test plan. The Supplier shall provide all
the Inspection and testing facilities for the entire Inspection at his own cost.
7.8
The cost towards inspecting and testing agency appointed by the Employer,
including Professional fees, travel, accommodation etc. of nominated official(s)
of Employer shall be borne by the Employer. However, if during the inspection
and testing, the stipulated test fails, the retest shall be conducted and all
expenses for inspection and testing for the retests shall be borne by the
Contractor. The Dispatch of the BLT fastenings should only be done, after they
are Inspected, tested, Passed and Issue of Inspection Certificate by the
Inspecting agency.
7.9
The Employer may select a few random samples of BLT fastening system from
the lots supplied and the Employer will get these tested in an independent
laboratory / Institution for ascertaining its compliance with the performance
criteria.
7.10
No supply shall be despatched from the manufacturing facility unless explicitly
clearance is given in the form of Inspection Certificate (IC) to despatch the
material by Employer/Engineer.
Section 4 Page 65 of 72
7.11
The agency will be required to submit third party inspection report for each lot
of fittings for the tests conducted as specified in codes referred above.
7.12
The agency will be required to conduct one full assembly test for the actual
material supplied by them in the presence of RVNL officials. The agency will
have to bear the expenses for conducting the tests. All the arrangements and
cost for witnessing of the assembly test shall be borne by the agency.
8 Manufacturing Process
8.1 General requirements
Details of production plant and equipment are part of the design of the
prefabrication. The processes for curing, formwork removal and handling
conditions of the prefabricated concrete elements are part of the manufacturing
process. Any change in the manufacturing process shall be verified and
documented.
The concrete and air temperature shall be monitored at least in the testing
phase of the production. When the relationship between concrete and air
temperature is evident at all stages throughout the curing cycle, it is
permissible for the air temperature within the immediate curing environment to
be measured instead of the concrete temperature.
When the temperature is measured in the concrete, it shall be measured as
near as possible at the mid depth and at the mid width of the element.
8.2 Curing
Curing and protection should start as soon as possible after the compaction of
the concrete and continue according to EN 13230-1:2016, 6.2, Figures 4 and 5
to ensure durability. The curing procedure applied to the element shall be
chosen in accordance with required interface conditions, e.g. bond, defined by
system design.
8.4 Marking
It is recommended to identify each element with permanent marking to ensure
traceability.
Section 4 Page 66 of 72
9 Quality Control
9.1 GENERAL
A quality management system shall be operated, which is defined and
maintained in a quality manual. This manual shall address all actions,
functions and resources, procedures and practices concerned with achieving
and providing documentary evidence that the quality of the delivered concrete
element and services are in line with the requirements.
The quality manual shall include a quality plan for the production of concrete
elements, which defines and details at least the following:
Section 4 Page 67 of 72
For routine tests, alternative test arrangements can be used if evidence of
results complying with approved test arrangements is provided.
The quality plan shall detail at least:
2. The Preliminary Test Plan shall include lists of all Factory Acceptance Tests
and on-site tests.
3. The Preliminary Test Plan shall be amplified into a detailed Test Plan to be
submitted for approval from the Employer's Representative, to include, but not
be limited to, the following:
d) Identify the interfaces with the Civil Contractors and all Interfacing
Contractors that require their attendance and/or support;
e) Identify the Contractor’s requirements and schedule for the
Engineer’s staff to operate equipment during Integrated Testing and
Commissioning and Trial Running.
Section 4 Page 68 of 72
4. Equipment, apparatus and materials for in-situ tests and laboratory
compliance tests shall be provided by the Contractor.
5. The Contractor shall give the Engineer a minimum of Thirty (30) days for
approval of all required inspections and tests for factory acceptance test and 15
days’ time for other tests, giving details of the exact date, time and place of
inspections and tests as well as other necessary information such as
anticipated time.
8. The Contractor shall be responsible for all on-site and off-site testing and for
all in situ testing.
9. The Engineer shall have the right to request the Contractor to perform
additional testing and/or retesting where the results of the original tests are
unsatisfactory, Incomplete, corrupted, inconclusive or demonstrate that the
equipment or system under test failed to meet the requirements of the
Contract, and that all costs associated with such retesting shall be the
responsibility of the Contractor, Including any costs associated with the
Engineer s attendance.
Section 4 Page 69 of 72
11. A comprehensive schedule of all material inspection/tests at the
required/specified frequency of testing shall be submitted by the Contractor for
engineer's approval.
14. Such of those tests and inspections, for which Engineer has opined to
witness, shall be carried out only in the presence of Engineer. For other tests &
inspections test/inspection results and certification thereof shall be submitted
as directed by Engineer for his approval. However, Engineer may at his
discretion conduct test checks to be organised by contractor for validation of
test/inspection results. The expense of such tests shall be borne by the
Contractor.
15. Suitable Performa for the recording and witnessing of all tests and
inspections shall be submitted for Engineer’s Approval. Confirmation of date of
a test or inspection shall be presented on an Approved Performa, not less than
21 Days prior to the date for test / inspection.
Section 4 Page 70 of 72
2) Unless agreed otherwise by the Engineer samples taken on the Site shall be
selected by, or taken in the presence of; the Engineer and shall be suitably
marked for their identification. An identification marking system should be
evolved at the start of works in consultation with the Engineer.
3) Samples shall be protected, handled and stored in such a manner that they
are not damaged or contaminated and such that the properties of the sample
do not alter.
4) Samples shall be delivered by the Contractor, under the supervision of the
Engineer, to the specified place of testing. Samples on which non-destructive
tests have been carried out shall be collected from the place of testing after
testing and delivered to the Site or other locations as instructed by the
Engineer.
5) Samples which have been tested may be incorporated in the Works provided
that:
a. the sample complies with the specified requirements;
b. the sample is not damaged; and
c. The sample is not required to be retained under any other provision of
the Contract.
7) The Contractor shall be responsible for all on-site and off-site testing and for
all in-situ testing.
a.they are accredited for the relevant work to a standard acceptable to the
Engineer; and
Section 4 Page 71 of 72
9) The results of tests on samples or specimens shall be considered to represent
the whole batch from which the sample was taken.
Section 4 Page 72 of 72
SECTION 5
FORM OF AGREEMENT,
AND
Section 5 Page 1 of 43
CONTENTS
Cl NO. Description Page
A: FORM OF CONTRACT AGREEMENT 3 to 6
CONTAINING CLAUSES
1 Services 4
2 Reports 4
3 Personnel 4
4 Commencement Date 4
5 Date of Arrival 4
6 Provision of Services and Payment to the Consultant 4
7 Accounts for payment 5
8 Authorized Representative of Consultant 5
9 Notices and Requests 5
10 Effective Date 6
11 Miscellaneous 6
12 Documents forming the Contract 6
B: GENERAL CONDITIONS OF CONTRACT 7 to 33
Article
No.
I Personnel 7 to 9
II Staffing Schedule 10
III Performance of the Services 10 to 13
IV Sub-Contracts 13
V Relationship of parties 14
VI Payment and mode of Billings 14 to 19
VII Accounts and Records 19
VIII Indemnity and Insurance 20 to 21
Ownership of work product, Computer Programs and
IX 21
Equipment
X Disposal of Data & Equipment 22
XI Co-ordination 22
XII Exemptions and Facilities 22
XIII Force Majeure 22 to 23
XIV Suspension 24
XV Termination 24 to 27
XVI Settlement of Disputes 27 to 30
XVII Variations 30 to 31
XVIII Conflict of Interest 31
XIX Confidential Information 31
XX Contractual Ethics 31
XXI Compliance to Laws, Bylaws and Regulations 32
XXII Specifications & Designs 32
C: SPECIAL CONDITIONS OF CONTRACT 33 to 43
Section 5 Page 2 of 43
A: FORM OF CONTRACT AGREEMENT
WHEREAS
Section 5 Page 3 of 43
Clause 1. Services
Clause 2. Reports
Clause 3. Personnel
(b) The consultant shall, ensure that there is a Chief Design Engineer
Track –BLT acceptable to the Employer to carry out the design works
during the design stage and to provide design support during
construction stage from home office and carry out technical
supervision during the construction stage and to be responsible for
liaisoning between the Consultant and the Employer as and when
required. During the construction stage, consultant shall ensure
deployment of EXPAT personnel (Chief Quality cum Production
Manager) in the pre-cast factory. After his deployment complete
supervision of production and quality control of precast elements will
be under him and all QA-QC documents pertaining to production and
quality control of pre-cast elements shall be signed by him.
(a) For detailed design stage, the Consultant shall commence the
Services within forty-five (45) calendar days after the issue of LOA.
(b) Design Support and technical supervision service during construction
stage: The consultant shall commence the services within 45 days
from the issue of notice of commencement by the Employer.
Section 5 Page 4 of 43
Clause 6. Provision of Services and Payment to the Consultant
Section 5 Page 5 of 43
Clause 10. Effective Date
(a) The Contract shall become effective upon the date notice is given to
the Consultant to proceed with the Services pursuant to Clause 4
above.
(b) Should the Contract not have become effective within ninety (90)
calendar days of the issue of Letter of Acceptance, either party may,
by not less than ten (10) calendar days written notice to the other
party, declare the Contract to be null and void, and in the event of
such a declaration by either party, neither party shall have any claim
against the other party with respect hereto.
______________________________________
(Authorized Representative)
______________________________________
(Authorized Representative)
Section 5 Page 6 of 43
B: -GENERAL CONDITIONS OF CONTRACT
ARTICLE I
Personnel
Section 1.01: Deleted
Section 1.02: The Consultant is expected to deploy the key personnel for
whom the Consultant has submitted the CVs with the proposal,
no changes shall be made in the personnel at the time of initial
deployment. If, for any reason (except as mentioned in the
forgoing sentence) beyond the reasonable control of the
Consultant, it becomes necessary to replace any of the
personnel, the Consultant shall forthwith provide a
replacement acceptable to the employer with equivalent or
better qualifications and experience
Section 1.03: In the event that any of the deployed personnel is found by the
Employer to be incompetent, guilty of misbehaviour or
incapable of discharging the assigned responsibilities, the
Employer may direct the Consultant by a written notice, at the
expense of the Consultant, to forthwith provide a replacement
with equivalent or better qualifications and experience
acceptable to the Employer.
Section 5 Page 7 of 43
In case RVNL does not convey the approval/rejection within 10
days of receipt of CV, the period of 60 days shall deemed to be
extended by the number of days taken beyond stipulated 10
days subject to the condition that there is no delay on account
of the Consultant in presenting the person for meeting with
Project Director on the date decided and conveyed by RVNL and
in such a case, the Consultant shall give a reminder to the
Employer promptly and wait for the decision of the Employer
for another 10 days from the receipt of such reminder by the
Employer, if still Employer fails to convey its approval/rejection
of the CV, then the CV shall be deemed to be accepted and
such proposed personnel shall become eligible for deployment.
Section 1.04 If the personnel are replaced by the consultant on its own or
the personnel quits the job in between the service, the
consultant shall arrange the replacement as early as possible.
A deduction @ 1% of the accepted monthly remuneration rate of
the personnel per day of delay shall be levied from the day
when consultant notifies employer about his intention for
replacement of the personnel till the day personnel is deployed.
Section 1.05: Chief design engineer Track BLT and the key personnel
(Chief Quality cum Production Manager and Supervisors) being
important controlling personnel for the project should normally
not be changed once deployed. However, in exceptional
circumstances (except in case of serious medical condition,
death, absconding from the service), if change is a must, then
an overlapping period of 15 days is to be provided for proper
handing over and taking over. For such overlapping period, the
Employer will pay the man-month rate for one person only. In
case if such overlapping period is not ensured, recovery
@2/30th of the accepted monthly remuneration rate of the
personnel shall be done for each day of reduction in overlap.
Section 1.08 The deployment schedule for each Supervisor for the next day
Intimation of should be fixed on daily basis by the Team leader/Project
Section 5 Page 8 of 43
Daily Deployment Manager on the previous evening and conveyed by email to
the concerned CPM/Project Director of RVNL. Failure to
ensure this will be treated as non-compliance of contractual
obligations in terms of section 3.07. If during check by RVNL
any of the personnel is not found at site as per the
deployment intimated, the person shall be marked absent for
the day.
Section 1.09: The Consultant shall not recruit or attempt to recruit personnel
from amongst persons in the services of the Employer or
working on the works of the Employer from
contractors/consultants side unless such recruitment is for a
position higher than the existing position of the person, which
can be done only after the approval of the Employer. In case of
non-compliance detected at any time the Employer it will be
treated as non-compliance of contractual obligations in terms of
section 3.07 and may also lead to termination of contract.
Section 1.10: Any personnel who have been removed by RVNL, in any of its
contracts, shall not be recruited for the assignment.
Section 5 Page 9 of 43
ARTICLE II
Staffing Schedule
Section 2.01: During construction stage, deployment of Technical
Supervisors (Civil) as specified by the employer, will be done
within 90 days of the notice of commencement linked with
anticipation of award of construction contract.
Section 2.02: Employer reserves the right to reduce the nos. and estimated
person months of site supervisors by serving 60 days’ notice
to the consultant, without any claim on either side, as per site
requirement and the staffing schedule shall be amended
accordingly.
ARTICLE III
Performance of the Services
Section 3.01: The Consultant shall carry out the Services with due diligence
and efficiency and shall furnish to the Government and the
Employer such information related to the Services as the
Government, or the Employer, may from time to time
reasonably request.
Section 3.02: The Consultant shall act at all times so as to protect the
interest of the Employer and will take all reasonable steps to
keep all expenses to a minimum consistent with sound
professional practices.
Section 3.03: The Consultant shall furnish to the Employer such information
related to the Services as the Employer may from time to time
reasonably request.
Section 3.04:
(a) Performance Security
The Consultant shall furnish performance security as specified
in Data Sheet for carrying out the services in accordance with
the provisions of Contract Agreement. The consultant shall
ensure that the Performance Security is valid and enforceable
until the Consultant has completed the services and remedied
any defects. If the terms of the Performance Security specify its
expiry date, and the Consultant have not become entitled to
receive the Performance Certificate by the date 28 days prior to
the expiry date, the Consultant shall extend the validity of the
Performance Security up to the anticipated date that the
services will be completed and any defects remedied.
The Guarantee shall be unconditional and irrevocable. The
Employer shall return the Performance Security to the
Consultant within 21 days after issue of Performance
Certificate.
Whenever the contract is terminated under Section 15.01 due
to default of the Consultant, Performance Security shall be
Section 5 Page 10 of 43
forfeited in full and the Performance Guarantee shall be
encashed.
The balance work shall be got done independently by the
Employer without risk and cost of the failed Consultant. The
failed Consultant shall be debarred from participating in the
tender for carrying out the balance work.
Section 5 Page 11 of 43
commencement and completion of works for which detailed
design and technical supervision is required to be provided by
the consultant are:
a) Date of commencement: As specified in Data Sheet of
Section-2 (Clause Ref.12 of Section2).
b) Period of Consultancy Services: As specified in Data Sheet
of Section-2 (Clause Ref.13 of Section-2).
e) Deleted
f) Deleted
g) Deleted
h) Notwithstanding anything contained above, the Employer may initiate
proceedings for declaring the Consultant “Poor Performer/Banning of
Section 5 Page 12 of 43
Business Dealings” for the default(s)/failure(s) noted of the Consultant
in performance of their assignment depending upon the
gravity/frequency of the default/failure.
ARTICLE IV
Sub-Contracts
Section 4.01: Not permitted.
Section 5 Page 13 of 43
ARTICLE V
Relationship of Parties
Section 5.01: Nothing contained herein or in the Technical Assistance
Agreement shall be construed as establishing or creating
between the Employer and the Consultant a relationship of
master and servant or principal and agent.
Section 5.02: The Consultant shall during the performance of the Services be
an independent contractor retaining complete control over its
personnel, conforming to all statutory requirements with
respect to all its employees, and providing all appropriate
employee benefits.
ARTICLE VI
Payments and Mode of Billings
Section 6.01: Payment of the amount due, shall be made in INR as specified
in the Data Sheet, into the bank account of the consultant.
Section 5 Page 14 of 43
Section 6.02
a) Remuneration shall be determined on the basis of time spent by
the personnel listed in the Staffing Schedule in performance of the
Services after the Effective Date at the accepted man month rates.
Section 5 Page 15 of 43
Section 6.04: DELETED
Section 6.05:
(a) Payments to be made by the Employer hereunder shall be
strictly subject to, and representative of, satisfactory progress
achieved by the Consultant.
(b) Deleted
(c) Deleted
(d) As soon as practicable and not later than fifteen days after the
end of each calendar month during the period of the Services,
the Consultant shall submit to the Employer, in duplicate,
itemized statements, accompanied by receipted invoices,
vouchers and other appropriate supporting materials including
the attendance record for the period, of the amounts payable to
the consultant for such month. Each such separate monthly
statement shall distinguish that portion of the total eligible
costs which pertains to remuneration from that portion which
pertains to reimbursable expenses.
Section 6.07: Final payment shall be made by the Employer only after the
Final Statement and the Final Report have been submitted by
the Consultant and approved by the Employer. The Consultant
shall submit the Final Statement to the Employer within 120
calendar days of the date of approval by the Employer of the
Final Report. All costs, including reimbursable expenses, which
have not been included in the Final Statement will not be paid
or reimbursed. Should any discrepancy be found to exist
between the actual payments made by the Employer and the
costs authorized to be incurred by the Consultant pursuant to
this Contract, the final payment shall be adjusted by the
Employer to reflect such discrepancy. The Consultant shall
reimburse any amount that the Employer has paid or caused to
be paid in accordance with this Section in excess of the costs
actually incurred to the Employer within 3 days after receipt by
the Consultant of notice thereof.
Section 5 Page 16 of 43
Section 6.09:
(a) Subject to Sections 6.01 and 6.05 above, the Employer shall pay to
the Consultants the amounts claimed pursuant to this Article VI
within twenty-one (21) calendar days after receipt of satisfactory
statements and supporting documents. The Employer may add to
or subtract from any subsequent payment any amount to cover
the difference between the amount paid and the cost authorized to
be incurred.
Section 6.12: The Consultant shall give the following details of their bankers
for payments in accordance with clause 7 of the Contract
Agreement and Section 6.09 of General Conditions of Contract.
(i) Name of the Bank
(ii) Address of the Bank
(iii) Title of Bank Account
(iv) Bank Account Number
(v) Bank’s sort code
(vi) Bank’s swift code
(vii) Bank’s telephone number
Section 5 Page 17 of 43
as per RVNL’s Handbook on Establishment Matters as
applicable during the currency of this contract)”.
c. Cost of Travel for attending RVNL office at New Delhi or
other places outside Project Area in which the personnel is
deployed by train will be limited to 2nd AC Class. However,
with prior written approval of the Employer the travel may
be permitted by Air limited to Economy class.
d. Deleted
e. The safety equipment like safety shoes, jacket, helmets etc
for staff (over and above that provided by the contractor)
may be procured by the Consultant (to ensure that each
and every personnel is provided with safety equipment)
after obtaining prior approval of the Project Director and
the expenditure incurred on the same shall be reimbursed
to the Consultant.
f. Any other such thing deemed necessary but not covered in
this contract is purchased/hired with the approval of
Project Director.
(i) When adjustment due date falls before original date of completion of
services
Il
R l R lo 0 . 1 0 . 9
I lo
(ii) When adjustment due date falls in extension period for which
extension is sanctioned for reasons not attributable to the consultant
Il
R l R lo
Ilo
where Rl is the adjusted remuneration/payment, Rlo is the
remuneration/payment payable on the basis of the rates set forth in
Form FIN-2 Section-3 for remuneration/payment payable in local
currency, Il is the all India Consumer Price Index for Industrial Workers
as published by RBI (Reserve Bank of India) Bulletin for the month on
Section 5 Page 18 of 43
the date of completion of every 12 months from 28 days before the
deadline of submission of bid and, Ilo is the all India Consumer Price
Index for Industrial Workers as published by RBI (Reserve Bank of India)
Bulletin for the month 28 days before the deadline of submission of bid.
(b) Deleted
(D) Price adjustment shall not be applicable during the extension period
for which extension is sanctioned for reasons attributable to the consultant.
ARTICLE VII
Accounts and Records
Section 7.01: The Consultant shall keep accurate and systematic accounts
and records in respect of the Services in such form and detail
as are customary in its profession and are sufficient to
establish accurately that the remuneration and reimbursable
expenses referred to in Article VI have been duly incurred.
Section 5 Page 19 of 43
Consultant ineligible for award of further the Employer-
financed contracts.
ARTICLE VIII
Section 8.01: The Consultants (a) shall take out and maintain, and shall
cause any Sub-Consultants to take out and maintain, at their
(or the Sub-Consultants, as the case may be) own cost but on
terms and conditions approved by the Employer, insurance
against the risks, and for the coverage, as specified in the
Section 8.02 hereunder, and (b) at the Employer’s request,
shall provide evidence to the Employer, showing that such
insurance has been taken out and maintained and that the
current premiums have been paid.
Section 8.02: The risks and the coverages shall be:
(1) Third Party motor vehicle liability insurance as required under
Motor Vehicle Act, 1988, in respect of motor vehicles operated
in India by the Consultants of their Personnel or any Sub-
Consultant’s or their Personnel, for the period of Consultancy.
Section 8.03:
Section 5 Page 20 of 43
Consultant’s failure to exercise the skill and care required
under Section 3.01.
ARTICLE IX
Section 9.02: All computer programs developed by the Consultant under this
Contract shall be the sole and exclusive property of the
Employer; provided, however, that the Consultant may use
such programs for their own use with prior written approval of
the Employer. If license agreements are necessary or
appropriate between the Consultant and third parties for
purposes of development of any such computer programs, the
Consultant shall obtain the Employer’s prior written approval
to such agreements. In such cases, the Employer shall be
entitled at its discretion to require recovering the expenses
related to the development of the program(s) concerned.
Section 5 Page 21 of 43
ARTICLE X
(ii) Furnish to the Employer, as the case may be, inventories of the
equipment and materials referred to in Section 9.03 hereof as it
then remains, and dispose of the same as directed by the
Employer, respectively.
ARTICLE XI
Coordination
Section 11.01: The Consultant shall at all times cooperate and coordinate with
the Railway and the Employer, with respect to the carrying out
of its assignment under the project.
ARTICLE XII
Exemptions and Facilities
ARTICLE XIII
Force Majeure
Section 13.01: If either party is temporarily unable by reason of force majeure or
the laws or regulations of Republic of India to meet any of its
obligations under the Contract, and if such party gives written
Section 5 Page 22 of 43
notice of the event within fourteen (14) days after its occurrence,
such obligations of the party as it is unable to perform by reason
of the event shall be suspended for as long as the inability
continues.
Section 13.02: Neither party shall be liable to the other party for any loss,
actually incurred or not, or damage sustained by such other
party arising from any event referred to in Section 13.01 or
delays arising from such event.
Section 13.03: The term “force majeure” shall mean events beyond the control of
either party, which prevent the affected party from performing
and fulfilling its obligations under the Contract, and could not
have been reasonably anticipated or foreseen, or although
foreseen were inevitable, such as acts of war, whether or not war
be declared, public disorders, insurrection, riots, sabotage,
explosions, violent demonstrations, blockades and other civil
disturbances, epidemics, nuclear contamination, landslides,
earthquakes, typhoons, volcanic eruption floods, washouts and
other natural calamities and acts of God, strikes, lock-outs or
other industrial action or equivalent disruption or disturbances,
boycotts and embargo or the effects thereof, and any other
similar events.
Section 13.04: No Breach of Contract:
The failure of a Party to fulfil any of its obligations under the
Contract shall not be considered to be a breach of or default
under this Contract in so far as such inability arises from an
event of Force Majeure, provided that the Party affected by such
an event (a) has taken all reasonable precautions, due care and
reasonable alternative measures in order to carry out the terms
and conditions of this Contract, and (b) has Informed the other
Party as soon as possible about the occurrence of such an event.
Section 5 Page 23 of 43
ARTICLE XIV
Suspension
Section 14.01:
(a) The Employer may, by notice to the Consultant, suspend, in
whole or in part, the Services or the disbursement of funds
hereunder if the Employer determines that
(i) The Consultant shall have failed to carry out any of its
obligations under this Contract;
(ii) any other condition has arisen which, in the reasonable
opinion of the Employer interferes, or threatens to interfere,
with the successful carrying out of the Services or the
accomplishment of the purposes of the Contract; or
(iii) A force majeure event has occurred.
(b) In the event of a major delay in the implementation of the
Services, the Employer may suspend the payments as
scheduled.
ARTICLE XV
Termination
Section 5 Page 24 of 43
under the Contract,
(f) without reasonable excuse fails:
(i) to perform any of its obligations under the contract,
including the carrying out of the Services, or
(j) If the Employer, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract.
Section 5 Page 25 of 43
The Consultant shall then leave the Site and deliver any required
Goods, Documents, and other design documents made by or for
him, to the Employer.
After termination, the Employer may complete the Services
and/or arrange for any other entities to do so, in the manner
and method at his sole discretion and whose decision shall be
final. The Employer and these entities may then use any Goods,
Documents and other design documents made by or on behalf of
the Consultant.
(c) All claims made by the Consultant under Section 15.03 (b)
shall be supported by documentation submitted to the
Employer, satisfactory in form and content to the Employer.
Section 5 Page 26 of 43
(d) Upon the receipt or giving of any notice referred to in Section
15.03 (a), if the Consultant is not in default under the Contract
and has partly or substantially performed its obligation under
the Contract up to the date of termination and has taken
immediate steps to bring the Services to a close in prompt and
orderly manner, to reflect the reduction in the Services,
provided that in no event shall the Consultant receive less than
his actual costs up to the effective date of the termination, plus
a reasonable allowance for overhead and profit.
ARTICLE XVI
Settlement of Disputes
Section 16.01 Amicable Settlement:
In case any dispute or difference between the Employer and the
Consultant for which claim has already been made by the
Consultant, remains unresolved, the Consultant shall then,
give notice of dissatisfaction and intention to commence
arbitration to the Employer duly specifying the subject of the
dispute or differences as also the amount of claim item-wise.
The parties shall make attempts to settle the dispute amicably
before the commencement of arbitration. However, unless both
parties agree otherwise, demand for arbitration may be made by
the Consultant after 90 days from the day on which a notice of
dissatisfaction and intention to commence arbitration was
given, even if no attempt for amicable settlement has been
made.
Section 16.02: Arbitration
Any dispute, in respect of which amicable settlement has not
been reached, arising between the Employer and the Domestic
or Foreign Consultant related to any matter arising out of or
connected with this contract, then the Consultant, after 90
days but within 150 days from the day on which a notice of
dissatisfaction and intention to commence arbitration was
given under clause16.01, shall be entitled to demand in writing
that the dispute or difference be referred to arbitration.
Only such dispute(s) or difference(s) in respect of which the
demand had been made for amicable settlement under clause
16.01 but could not be settled, together with counter claims or
set off, given by the Employer, shall be referred to arbitration
subject to the condition that total amount of claims in the
contract is not exceeding 20% of the contract price. Other
matters shall not be included in the reference.
The Arbitration proceedings shall be assumed to have
commenced from the day, a written and valid demand for
arbitration is received by Chairman and Managing Director,
Rail Vikas Nigam Limited, New Delhi (CMD/RVNL).
The disputes so referred to arbitration shall be settled in
accordance with the Indian Arbitration & Conciliation Act, 1996
and any statutory modification or re-enactment thereof.
Further, it is agreed between the parties as under:
Section 5 Page 27 of 43
16.02.1 Number of Arbitrators: The arbitral tribunal shall consist of
three arbitrators.
Section 5 Page 28 of 43
a working/retired officer (not below E- 9 grade and above in a
PSU with which RVNL has no business relationship) of any
discipline of Engineering or Accounts/Finance department,
having experience in project management consultancy /
construction contracts; or
a retired officer (retired not below the HAG level) of any
Engineering/Accounts Services of Central Government, having
experience in Contract Management of construction contracts;
or a retired officer who should have retired more than 3 years
previously from the date of appointment as Arbitrator (retired
not below E-9 grade in RVNL or a PSU with which RVNL has a
business relationship) of any Engineering discipline or
Accounts department, having experience in project
management consultancy / construction contracts.
Section 5 Page 29 of 43
All arbitration awards shall be in writing and shall state item
wise, the sum and detailed reasons upon which it is based.
16.02.10 Any ruling on award shall be made by a majority of members of
Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail. A party may apply for
correction of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in
the award of a tribunal and interpretation of specific point of
award to tribunal within 60 days of the receipt of award.
A party may apply to tribunal within 60 days of receipt of award
to make an additional award as to claims presented in the
arbitral proceedings but omitted from the arbitral award.
ARTICLE XVII
Variations
Section 17.01: (i) The second part of the contract i.e., design support during
construction stage shall only come into operation once
construction contract is awarded. In case the construction
contract is not awarded then the design support during
construction shall not be required and the same shall not
be treated as variation. In such case, no claim of the
consultant on account of non-operation of Design Support
services shall be entertained
(ii) Payments during design stage shall be released to the
consultant as per the services delivered by the consultant
as specified in FIN-2.
(iii) The design and deliverables submitted by the consultant
and accepted by RVNL shall be the property of RVNL and
will be used in subsequent works.
(iv) In addition, the Contract may be varied by agreement
between the parties. All such variations shall be in writing
Section 5 Page 30 of 43
signed by the authorized representative of the Consultant
and the Employer.
Section 17.02: The Employer may notify the Consultant to alter, amend, omit,
add to, or otherwise vary the Services upto 25% increase of the
contract value or upto 50% increase of the original completion
period stipulated in the contract, whichever is earlier, on the
same rates, terms and conditions and the Consultant shall be
bound by such variations. Beyond 25% increase of the
Contract Value or beyond 50% increase of the original
completion period, whichever is earlier, new rates shall be
agreed between Employer and Consultant. In such event, the
Consultant shall submit to the Employer an estimate for the
proposed changes in rates along with justification for such
rates to the Employer:
(i) within fourteen (14) calendar days of receipt of a notice
of variation in case of proposed increase of the contract
value beyond 25%;
Conflict of Interest
ARTICLE XIX
Confidential Information
Section 19.01: Except with the prior written consent of the Employer, the
Consultant and the personnel shall not at any time
communicate to any person or entity any confidential
information acquired in the course of the Services, nor shall
the Consultant and the personnel make public the
Section 5 Page 31 of 43
recommendations formulated in the course of, or as a result of,
the Services. For purposes of this section, “confidential
information” means any information or knowledge acquired by
the Consultant and/or its personnel arising out of, or in
connection with, the performance of the Services under this
Contract that is not otherwise available to the public.
ARTICLE XX
Contractual Ethics
ARTICLE XXI
Section 21.01: The Consultants shall respect and abide by all applicable laws
and regulations in force and effect as of the date hereof and
which may be promulgated or brought into force and effect
hereinafter in the Republic of India including regulations and
rules made there under as may be in force and effect during
the subsistence of this agreement. The consultant shall use its
best efforts to ensure that their personnel and their
dependents, while in India and local employees of the
consultant shall respect and abide by the said laws and
regulations.
ARTICLE XXII
Section 22.01: The consultant shall prepare all specifications and designs
(wherever applicable) using the metric system and so as to
embody the latest design criteria.
Section 22.02: The consultant shall ensure that the specifications and designs
and all documentation relating to procurement of goods and
services (wherever applicable) for the project are prepared on
an impartial basis so as to promote international competitive
bidding.
----------
Section 5 Page 32 of 43
C. SPECIAL CONDITIONS OF CONTRACT
(These conditions are amendments, supplements and modifications to General
Conditions of Contract (GCC) and shall supersede the GCC in interpreting the
contractual obligations)
Definitions: Unless the context otherwise require the following terms wherever
used in this contract shall have the following meaning:
a) “Applicable Law” means all laws in force and effect as of the date hereof
and which may be promulgated or brought into force and effect thereafter in
India, including regulations and rules made there under, as may be in force
and effect during the subsistence of this Agreement.
d) “Effective Date” means the date on which ‘notice to proceed’ is given to the
consultant pursuant to clause 10 and clause 4 of the Contract Agreement.
e) “Foreign Currency” means currency of any other country other than the
currency of the Republic of India.
g) “Party” means the Employer or the Consultants, as the case may be, and
parties means both of them.
m) “Contractor” means the firm who is executing the project for the Employer
Section 5 Page 33 of 43
ANNEXURE ‘A’
Category of
Designation Entitlement
Employees
E9 ED Actual Taxi fare
E8 GGM/GM/CPM Actual Taxi fare
E7 AGM Actual Taxi fare
F6 JGM Actual Taxi fare
E5 DGM Actual Taxi fare
E4 Sr. Manager Actual Auto charges
E3 Manager Actual Auto charges
E2 Asst. Manager Actual Auto charges
E1 Sr. Executive Actual Auto charges
E0 Executive Actual Auto charges
S1 Below Executive Public Transport
Category of
S.No. Mode Entitlement
Employees
Business/Club class by
(i) By Air E8-E9
air/AC first class by train
Economy class by air/ AC first
(ii) By Air E5 - E7
class by train
(a) E3-E4 AC 2 Tier
(b) E-0 to E-2 AC 2 Tier
(iii) By Rail
(c) Below Executive First class/AC 3 Tier/ Chair
car
(iv) By Rail Below Executive II class/II class sleeper
Section 5 Page 34 of 43
9.4 ENTITLEMENT OF DAILY ALLOWANCE
Category of Employees Designation Entitlement (Rs.)
E9 ED 1500
E8 GGM/GM/CPM 1350
E7 AGM 1200
F6 JGM 1050
E5 DGM 1050
E4 Sr. Manager 900
E3 Manager 900
E2 Asst. Manager 900
E1 Sr. Executive 800
E0 Executive 800
S1 Below Executive 500
9.5 Daily allowance may be drawn for broken periods of a “Day” on the following
scales:
For absence of less than 6 hours 30%
For absence of 6 hours and more but less than 12 hours 70%
For absence of 12 hours and above 100%
9.6 For the time spent on Journey, rates of D.A. as indicated in Para 9.6 above
(for other cities) will be admissible.
9.7 Lodging Charges: Upper ceiling for lodging charges shall be as under: -
Section 5 Page 35 of 43
Annexure-B
Letter of Acceptance
[on letterhead paper of the Employer]
. . . . . . . date. . . . . . .
To: . .... . .[name and address of the Consultant] . . . . . . .
Section 5 Page 36 of 43
Annexure-C
FORM OF CONTRACT PERFORMANCE SECURITY
(BANK GUARANTEE)
[Refer Clause 11 of Instructions to Consultants]
(On non-judicial stamp paper of the appropriate value in accordance with stamp Act.
The stamp paper to be in the name of Executing Bank).
From:
Name and Address of the Bank…..
……………………………………..
To:
CPM/GM (Name of PIU)
WHEREAS, Rail Vikas Nigam Limited, hereinafter called the Employer, acting
through [Insert Designation and address of the Employer’s Representative],
has accepted the bid of [Insert Name and address of the Contractor], hereinafter
called the Contractor, for the work of [Insert Name of Work], vide Notification of
Award No.[Insert Notification of Award No.].
AND
WHEREAS, the contractor is required to furnish Performance Security for the sum
of [Insert Value of Performance Security required], in the form of bank
guarantee, being a condition precedent to the signing of the contract agreement.
WHEREAS, [Insert Name of the Bank], with its Branch [Address] having its
Headquarters office at [Address], hereinafter called the Bank, acting through
[Designation(s) of the authorised person of the Bank], have, at the request of
the [Insert name of the consultant] , agreed to give guarantee for performance
security and additional performance security as hereinafter contained:
1. KNOW ALL MEN by these present that I/We the undersigned [Insert
name(s) of authorized representatives of the Bank], being fully
authorized to sign and incur obligations for and on behalf of the Bank,
confirm that the Bank, hereby, unconditionally and irrevocably guarantee to
Section 5 Page 37 of 43
pay the Employer the full amount in the sum of [Insert Value of
Performance Security required] as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the
Employer any amount up to and including aforementioned full amount
without any demur, reservation or recourse. Any such demand made by the
Employer on the Bank shall be final, conclusive and binding, absolute and
unequivocal notwithstanding any disputes raised/ pending before any Court,
Tribunal, Arbitration or any Authority or any threatened litigation by the
Employer of Bank.
3. On payment of any amount less than aforementioned full amount, as per
demand of the Employer, the guarantee shall remain valid for the balance
amount i.e. the aforementioned full amount less the payment made to the
Employer.
4. The Bank shall pay the amount as demanded immediately on presentation of
the demand by Employer without any reference to the contractor and
without the Employer being required to show grounds or give reasons for its
demand or the amount demanded.
5. The Bank Guarantee shall be unconditional and irrevocable.
6. The guarantee hereinbefore shall not be affected by any change in the
constitution of the Bank or in the constitution of the Contractor.
7. The Bank agrees that no change, addition, modifications to the terms of the
Contract Agreement or to any documents, which have been or may be made
between the Employer and the Contractor, will in any way release us from the
liability under this guarantee; and the Bank, hereby, waives any requirement
for notice of any such change, addition or modification to the Bank.
8. This guarantee is valid and effective from the date of its issue, which is
[insert date of issue]. The guarantee and our obligations under it will expire
on [Insert the date twenty eight days after the expected end of defect
liability period]. All demands for payment under the guarantee must be
received by us on or before that date.
9. The Bank agrees that the Employers right to demand payment of
aforementioned full amount in one instance or demand payments in parts
totalling up to the aforementioned full amount in several instances will be
valid until either the aforementioned full amount is paid to the Employer or
the guarantee is released by Employer before the Expiry date.
Section 5 Page 38 of 43
10. The Bank agrees that its obligation to pay any amount demanded by the
Employer before the expiry of this guarantee will continue until the amount
demanded has been paid in full.
11. The expressions Bank and Employer herein before used shall include their
respective successors and assigns.
12. The Bank hereby undertakes not to revoke the guarantee during its currency,
except with the previous consent in writing of the employer. This guarantee is
subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
758.
13. The Guarantee shall be in addition to and without prejudice to any other
security Guarantee (s) of the contractor in favour of the Employer available
with the Employer. The Bank, under this Guarantee, shall be deemed as
Principal Debtor of the Employer.
…………………….
[Name in Block letters]
……………………..
[Designation]
……….……………
[P/Attorney] No.
…………………….
Bank’s Seal
[P/Attorney] No.……
Witness:
1. Signature
Name & Address & Seal
2. Signature
Name & address & Seal
Note :
Section 5 Page 39 of 43
1 All italicized text is for guidance on how to prepare this bank guarantee and
shall be deleted from the final document.
2 In case the guarantee is issued by a foreign Bank, which does not have
operations in India, the said bank shall have to provide a counter-guarantee
by State Bank of India.
3 The Bank Guarantee should be duly attested by Notary public with notarial
stamp of appropriate value affixed thereon.
Section 5 Page 40 of 43
Annexure-D
Section 5 Page 41 of 43
Section 5 Page 42 of 43
Section 5 Page 43 of 43