GCC R2

Tender No.
MCF-M-158VB-EPCT-3
2.0 Scope of Supplies and Services
Name of work:
Infrastructure requirement for series Production of Train Set (Vande
Bharat)
2.1 The scope of work is divided into:-
2.1.1 Schedule I: Supply, installation, commissioning and proving out of Machinery &Plants
(M&Ps) as per details given in Chapter VII.
2.1.2 Schedule II: Civil Engg. Construction activities as per details given in Chapter VII
2.1.3 Schedule III: Supply, installation, testing & commissioning of electrical equipment as
per details given in Chapter VII
2.1.4 Schedule IV: Supply, installation, testing & commissioning of S&T/IT equipment as
per details given in Chapter VII
2.1.5 Schedule V: Comprehensive Annual Maintenance Contract (CAMC) applicable only for
10 M&Ps of Schedule –I, under Chapter – VII as specified at SN 9.
2.2 The scope mentioned above includes design, engineering, manufacture and supply of
equipment and civil infrastructure facilities including mechanical equipment, electrical
equipment & controls and utility services as per the Specifications together with the
necessary foundation bolts, integrating parts, railings, cross-over and safety guards etc.
2.3 Maintenance spares, commissioning spares and consumables.

2.3.1 In case of oils, lubricants, consumables, commissioning spares, the scope of supply shall
include the first fill, as well the quantity required during the Contract with extra provision to
cover the normal wastage for transportation, storage, handling, erection and commissioning
and performance guarantee tests till the machine is taken over after PAT. The Contractor
shall be fully responsible for ensuring adequate quantities at site so as not to delay
implementation of the project.
2.3.2 The Contractor shall stock two years necessary warranty spares at his office/warehouse
within the vicinity of Raebareli to minimize breakdown time of machines.
2.3.3 The Contractor shall supply complete ordering specification and drawings including the list
of suppliers to enable the Railway to procure spares, consumables, tools etc after the
maintenance period by contractor are over.
2.3.4 The identification of operating and maintenance spare shall be available on the parts within
or on a label securely fixed to the part.
2.3.5 The tenderer should list out essential operating and maintenance spares (both consumable
and non-consumable spares) for each M&P supplied (as per Schedule-I) and submit price list
(including taxes applicable) for all the identified spares, as part of the offer. The price list
furnished should have a validity of 3 years from the date of tender opening.
2.3.6 The contractor shall also supply machine specific consumables during the contract specified
in the technical specifications.
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Tender No. MCF-M-158VB-EPCT-3
2.4 Concomitant Accessories
2.4.1 The machine should be accompanied by all the concomitant accessories to make the machine
fully operational on installation.
2.4.2 The cost of concomitant accessories shall be included in the basic price of the machine.
2.4.3 The scope of concomitant accessories may also include among other things the anti vibration
pads where necessary, voltage stabilizer and isolation transformers where necessary, loading
and unloading systems where necessary etc.
2. 5 Tooling
2.5.1 The contractor shall provide all M&Ps (of Schedule-I) in fully tooled up condition.
2.5.2 The provision of tools should be for a period up to issue of PAT covering normal
consumption/ wastage / breakage etc.
2.5.3 The tenderer should quote separately for each of the tooling items. The tenderer should use
only standard tooling to the extent possible. However, non-standard tools used if any, is to be
specified seperately with details of the manufacturer and its price quote with validity period,
of the tooling items.
2.5.4 The tenderer shall furnish full details in regard to tooling items including the make, part
number, source and expected annual consumption for each of the tooling.
2.6 The scope also includes preparation of the following:

2.6.1 Equipment layout (General arrangement drawings), Foundation drawings, load data & other
drawings as per specification.
2.6.2 Drawings, necessary data, to enable the Railway to check and approve drawings.
2.6.3 Quality Assurance Programme and time schedule for the work.
2.6.4 All coordination relating to design, manufacture, supply, transportation, insurance & claim
settlement, inspection, construction planning and scheduling and all other services till
handing over of the plant & equipment.
2.6.5 Mandatory clearance of installations from the Statutory Authorities.
2.6.6 Drawings of workshop layout, proposed floor plan of the machines in the shed, General
arrangement drawings of M&Ps, detailed drawings for pneumatic pipe lines shall be prepared
and submitted to MCF for approval before commencing the work.(MCF will provide drawing
for the pneumatic air and for reference purpose which the contractor has to improve upon /
modify and get the approval of MCF).
2.7 The scope includes warranty as defined in this chapter.
2.8 The scope of LOA for the work will not include CAMC. However, the CAMC portion will be
binding on the firm and agreement will be entered upon before completion of warranty
period, as per the tender conditions.
2.9 Scope also includes storage, handling, erection, testing, commissioning of all equipment and
carrying out and demonstration of performance guarantee tests till issuance of final
acceptance test certificate (FAT).
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3.0 The Contractor shall make all arrangements to build his own stores (covered or uncovered) for the
proper storage of equipment. Security arrangement as per requirement also shall be made by
the Contractor. Only open space shall be made available to the Contractor by the Railway.
4.0 The Contractor shall unpack and do visual checking against physical damages to the
equipment/cases, cleaning of equipment before start of erection. Damage/shortage if any, will be
reported to the Railway and shall be rectified/ replaced expeditiously, free of charge so as not to
upset the erection and commissioning schedule. Delay on account of settlement of insurance
claims by the Contractor shall not be considered an excuse for delay in completion.
5.0 The Plant and equipment will be installed by the Contractor on the civil foundation/structures,
where applicable. With the site being a brown field site, Contractor shall ensure readiness of
foundation (wherever applicable) before the receipt of machine at site.
6.0 The Contractor shall provide all necessary construction tools & tackles, compressors, small hand
tools, instruments, all testing & commissioning instruments, welding equipment, service bolts,
nuts, jigs and fixtures, winches, alignment tools, precision levels etc. and other equipment which
may be required for carrying out the erection and commissioning work.
7.0 The Contractor shall erect and maintain his own site offices, main stores and site stores as
required for the work.
8.0The Contractor shall provide sufficient fencing, notice boards and lights to protect the work site,
as well as contain the disturbance, noise and other pollution within tolerable limits within the
worksite. He will also make necessary arrangements to prevent entry of outsiders and warn
them of the ongoing work and prevent their entry to the worksite, accidentally or otherwise as
may be considered necessary by the Railway.
9.0 Contractor shall provide within one month of placement of order, his detailed scheme for
mobilization with Bar Chart indicating clearly the resources, manpower and machinery
proposed to be deployed to ensure timely completion of work and quality of workmanship.
10.0 The equipment will be erected as per the instructions of the suppliers/manufacturers and
under the supervision of the supervisory personnel to be deputed by the Contractor.
11.0 The Contractor shall be responsible for Installation and connection and testing of all piping
and fittings as per the specification/approved drawing.
12.0 The Contractor shall be responsible for proper laying and termination of cables, bus bars, bus
ducts, lightning protection and earthing as well as to check electrical connections to
individual items.
13.0 The Contractor shall deploy required number of supervisory, skilled and unskilled labour as
required for the erection work and comply with such reasonable written instructions of the
Railway in the interest of satisfactory progress and completion of the work according to the
schedule.
14.0 The Contractor shall work in 3 shifts per day basis for meeting the completion target, if
required without any extra price. Contractors can even work on Saturdays / Sundays / Public
holidays, as and when required,
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15.0 The Contractor shall organize the work in a manner that other work at site is not impeded and
the workmen therein not endangered. Similarly, Contractor shall organize the work in a
manner that the production work of the adjacent existing shops for shell / major sub-
assembly production unit (producing MCF Coach Shells) is not impeded and the workmen
therein not endangered.
16.0 All necessary tests/checks shall be conducted during erection by the Contractor. The
Contractor shall attend to the rectification of erection defects, if any, expeditiously.
17.0 The contractor shall follow relevant IS specifications for the machines, structures & jigs and
fixtures. Wherever IS specifications are not being followed, the contractor should adhere to
International Standards. The contractor should give details of the standards being followed
and take prior approval of the same from railways.
18.0 Painting
18.1 All steel surfaces shall be thoroughly cleaned by disc grinding/sanding or shot/sand blasting
and then immediately painted (except mechanical mating surfaces) with two coats of Epoxy
Primer. All weld joints shall be cleaned of slag and spatters before painting. The paint
surfaces of bought out items shall not be disturbed generally.
After primer, the machine/equipment accessories shall be painted with two coats of PU
paint. The total dry film thicknesses on the steel surfaces shall be about 100 microns.
18.2 The shell line and its accessories shall be painted as per following scheme :
Main Equipment: Green to RAL 6018 with off white strips

Material Handling Equipment's: Yellow to RAL 1016
Platform and storage: Blue to RAL5019
If any specific colour code standardized by BIS is available, the same shall be given.
However prior approval is required from MCF for any change in colour of the machines.
18.3 All parts inaccessible after assembly shall be painted before assembly.
18.4 The contractor shall give touch-up paint wherever required, after erection and testing of M&P
and structural works.
18.5 The interior of all gear box housing shall be painted with two coats of oil resistant enamel paint.
19.0 The Contractor shall be responsible for commissioning of all the machines, equipment and
infrastructure as stipulated in Schedule-I, II , III & IV including trial run and carrying out
demonstration of Performance Guarantee Tests. Railway's supervisory personnel shall,
however, be associated during erection of equipments and their commissioning and
performance guarantee tests.
20.0 If the Railways are not satisfied with the progress of work at site, it shall direct the Contractor to
depute more number of supervisory personnel/workers to meet the completion schedule as per
the contract. Contractor shall deploy additional personnel within 7 days without any extra cost.
21.0 Guarantee certificates (in cases were the guarantee given by the OEM exceeds the 24 months
warranty period of the contract like in the case of LED bulbs were 60 months guarantee is called
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for in the technical specifications of Schedule-III) and test certificates obtained by the Contractor
during the execution of work shall be submitted to the Railway before issue of PAT.
22.0 The Railway may during the progress of work, order the removal of part or whole of the work
executed, found not in accordance with the approved drawings/ specifications/ instructions.
No extra claims shall be entertained for re- executing or altering of such work.
23.0 Construction of site office, labour huts, store sheds etc and arrangement of required water and
electricity for all purposes in connection with this work shall be at the contractor’s
responsibility, liability and cost as per tender condition. Any delay in making arrangements
for the same shall not be taken as an excuse for delay in starting the work. Railway at its
discretion may give land at nominal rent for the purpose of fabrication yard,labour huts,
batching plant; store shed& site office within the project premises, for expeditious progress
of the work.
24.0 Construction Power
24.0.1 The Contractor will make his own arrangement for electrical power for the construction and
erection work at site.
24.0.2 Electrical energy required for works / activities may also be supplied by MCF on request by
the contractor depending on technical feasibility and on approval by competent authority of
MCF on chargeable basis. Separate metering will be provided for this purpose.
24.0.3 Power supply from MCF side will be made available at only one point. Further distribution of
power supply for construction purpose of contractor shall be done by the contractor using his
own arrangement, materials and labour, to their exact locations at their own cost. The required
distribution panels, cables, main switches, fuses shall form contractor’s scope.
24.0.4 The power supply distribution arrangement shall be done as per IE rules.
24.0.5 The power supply shall be taken through suitable rating ELCB of with 30mASensitivity.
Provision of ELCB contractor’s scope of supply.
24.0.6 Power for commissioning and operation shall be arranged by the Railway.
24.0.7 The Contractor shall arrange to get all his installations approved by the electrical inspector
general (principle chief electrical engineer/mcf), before power can be supplied.
25.0 Contractor shall set up a project team coordinated by a senior level officer with adequate
experience. The project team shall have personnel inducted from Mechanical, Civil, Electrical
and other disciplines (if required) and supported by sub-ordinates for smooth execution of the
project.
26.0 The project team shall have regular interaction with nominated project coordinator i.e Chief
Project manager, MCF, RaeBareli for local coordination issues and for contract related issues.
27.0 The Contractor shall obtain the approval of the Engineer for installation of machinery,
construction of buildings and electric power supply connection to them. Any defects pointed
out by the Engineer in the distribution system shall be rectified forthwith to the satisfaction
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of Engineer by the Contractor, failing which the power supply may be cut off by the
Engineer.
28.0 To operate any electrical equipments of the contractor at site for their activities, contractor
should always use PVC insulated and PVC sheathed core cable and not with plastic cables
(single core) and avoid using of many joints and with suitably rated fuses, switches and plugs
in order to ensure safety at site.
29.0 Demonstration of Performance Guarantee tests
29.0.1 The Contractor guarantees all the supplies and installations made for its workmanship,
materials, design and satisfactory performance in accordance with the relevant Schedule of
this Contract. The guarantee for performance includes individual items, systems and electrics
for the prescribed ratings/output as well as for the integrated operation of the Plant.
29.0.2 The Contractor undertakes to demonstrate the Performance Guarantee Tests and achieve the
rated output and other parameters as envisaged in tender specifications. In case the Contractor
fails to demonstrate and prove the Performance Guarantees and/or to achieve the results as
agreed in this Contract, the Contractor undertakes to rectify the Plant and Equipment and
continue to demonstrate and prove the performance guarantees till the rated parameters are
achieved. In case the rated parameters are not achieved even after repeated performance
guarantee test within three months of successful commissioning the Contractor shall be liable
for liquidated damages due to non-performance as per LD Clause.
30.0 Completeness
Any supply and services as set forth herein above and which might not be specifically mentioned
in this Contract under the scope of work of the Contractor and which are not expressly excluded
but which are necessary for the performance of the Plant and Equipment in accordance with the
specifications shall be provided for and rendered by the Contractor without any extra cost.
31.0 Total responsibility
The Contractor shall be solely responsible for the entire supplies and services irrespective of
whether supplies and services have been made/rendered by him directly or by his Sub-
Contractors with or without the approval of the Railway. Moreover, Railways will not be
responsible in case of any dispute between the contractor and his sub-contractor/vendor and
should not be approached to intervene for resolving the matter between both the parties.
32.0 Progress Report and Photographs
32.0.1 The Contractor shall submit his detailed PERT chart, showing completion time, which would
indicate starting and completion dates of all activities of engineering, purchasing and
procurement of materials, manufacture, inspection and dispatch etc.for his scope of work and
those of his Sub-Contractor.
32.0.2 The Contractor shall furnish copies of all Purchase Orders (without prices, if necessary)
placed by him on various sub-suppliers/ Contractors containing scope of work, technical
specification, time schedule etc.
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33.0 Contract Price
33.0.1 The total price for the entire work covered under scope of work and in accordance with all
terms, conditions, stipulations, specifications and other conditions incorporated into the
Contract documents, shall be treated as the Contract price.
33.0.2 The contract price shall inter-alia include and cover, temporary works, labour hut, materials
and supplies, labour, fuel, stores, appliances, safety and fire fighting arrangements to be
supplied/used by the Contractor and all other materials in connection with the execution of the
work as detailed in the Contract documents.
33.0.3 The Contractor is responsible for the total scope of work starting from design and manufacture
till the unit is successfully commissioned and proved out. The break-up of the contract price is
only for the purpose of release of payments to the Contractor for the various activities involved
in respect of this contract and this can not be construed as full and final payment in respect of
each activity for which such break-up is given. In the event of the Contractor failing to fulfill all
his contractual obligations till successful commissioning of the whole unit, the Contractor shall
be liable for forfeiture of all the amounts received under this contract, without prejudice to such
rights and remedies which are available under this contract for the Railway and the Contractor.
34.0 Price basis
34.0.1 The contract prices shall include all supplies & services as detailed under contract specifications
on FOR site basis. The prices shall be deemed to include cost of painting, packing, forwarding,
loading, unloading, handling, freight, insurance, all existing taxes and duties, fees, levies,
royalties, all inspection charges including payment to the third party inspecting agencies (if any)
and all charges & expenses in connection with the execution of the Contract. inspection charges
including third party inspection fees, etc
34.0.2 The contract prices are inclusive of all charges & expenses including storage, loading,
unloading, handling, erection, testing & commissioning and performance guarantee test
towards labour, tools & tackles, construction plant & equipment, scaffolding, power, fuel, oil,
lubricants, etc. including 3 shifts working, if required.
34.0.3 The quantities of various items involved in the work covered in the Schedules are
approximate. Submission of this tender including the rates (percentage above/below/at par) in
Schedule of Items for different schedules shall be deemed to have been done after careful
study of the tender documents and site conditions, with full understanding of the implications
thereof. Rates should be quoted mentioning percentage above/below/at par in the Schedule of
Items only as per Chapter-IX
34.0.4 The Railway Administration reserves the right to modify any or all the schedules whether it
is to increase or to decrease the scope of the work including inclusion/ deletion of any
item(s). The Tenderer shall not be entitled to any revision of rates due to such
increase/decrease in quantities of items. The payment shall be made on the basis of actual
quantities executed under various item(s) and the accepted rates thereof, and not on the
quantities mentioned in various schedules.
34.0.5 If Railways decides to increase the quantity of an individual item for Schedule I,II, III & IV by more
than +25% of the agreement quantity, then rates will be applicable in accordance with the Railway
Board’s guidelines.
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34.0.6 RATES IN FIGURES AS WELL AS IN WORDS: The Tenderer(s) are required to quote
rate(s) as prescribed on the IREPS portal.
34.0.7 VITIATION CLAUSE: In the event of vitiation occurring due to increase or decrease in
quantities among the first, second and third lowest valid tenderers, the vitiation shall be to
contractor’s account. The total value of the work done shall be calculated at the rate offered
by those tenderers and the amount payable shall be limited to the lowest aggregate value as
worked out. The vitiation shall be worked out as a whole for agreement including all
variations in quantities.
34.0.8 If rates of existing GST or cess on GST for Works Contract is increased or any new tax /cess on Works
Contract is imposed by Statute after the date of opening of tender but within the original date of
completion/date of completion extended under Force Majeure Clause and Extension of Time in
Contract and the Contractor there upon properly pays such taxes/cess, the Contractor shall be
reimbursed the amount so paid.
Further, if rates of existing GST or cess on GST for Works Contract is decreased or any tax/cess on
Works Contract is decreased / removed by Statute after the date of opening of tender, the reduction in
tax amount shall be recovered from Contractor’s bills/Security Deposit or any other dues of Contractor
with the Government of India.
35.0 TIME/ DELIVERY SCHEDULE

a) Time is the essence of the Contract.
) Time/ Delivery schedule - Time Schedule for construction of buildings, workshop structures and
other facilities as well as design and engineering including, submission of drawings and
documents, delivery of plant & equipment and spares, erection, testing, start-up and
successful commissioning shall be binding on the Contractor. Time schedule for important
milestones has been indicated in para 82.0 in this chapter.
36.0 Extension of Completion Date: Extension of time for the completion of the work shall be
governed by EPC contract policy. The Contractor shall be responsible for requesting such
extension in terms thereof. The Railway may agree to such extension of time of completion,
as they consider justified.
37.0 Liquidated Damages (LD)
37.1 L/D shall be applicable based on the individual completion date indicated in Time Schedule
at para 82.0 irrespective of the final project completion date.
37.2 L/D will not be applicable if there are delays on railways’ account whatsoever.
37.3 Decision of railways will be final in ascertaining whether the delay has taken place on railway
account or on contractor account.
37.4 Extension of Time with Liquidated Damages (LD) for delay due to Contractor: The time for
the execution of the work or part of the works specified in the contract documents shall be
deemed to be the essence of the contract and the works must be completed not later than the
date(s) as specified in the contract. If the Contractor fails to complete the works within the time
as specified in the contract for the reasons other than the reasons specified in Clause 61 and
37.2, the Railway may, if satisfied that the works can be completed by the Contractor within
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reasonable short time thereafter, allow the Contractor for further extension of time (Proforma at
Annexure-XX) as the Engineer may decide. On such extension the Railway will be entitled
without prejudice to any other right and remedy available on that behalf, to recover from the
Contractor as agreed damages and not by way of penalty for each week or part of the week, a
sum calculated at the rate of Liquidayted damages as decided by Engineer,between 0.05% to
0.30% of contract value of the work for each week or part of the week.
For the purpose of this Clause, the contract value of the works shall be taken as value of work as
per contract agreement including any supplementary work order/contract agreement issued.
Provided also, that the total amount of liquidated damages under this condition shall not exceed
5% of the contract value or of the total value of the item or groups of items of work for which a
separate distinct completion period is specified in the contract.
Provided further, that if the Railway is not satisfied that the works can be completed by the
Contractor and in the event of failure on the part of the contractor to complete the work within
further extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to
any other right or remedy available in that behalf, to appropriate the contractor’s Security
Deposit and rescind the contract under Clause 60 of these Conditions, whether or not actual
damage is caused by such default.
NOTE:
In a contract, where extension(s) of time have been allowed once under clause 37.4, further
request(s) for extension of time under clause 37.2 can also be considered under exceptional
circumstances. Such extension(s) of time under clause 37.2 shall be without any Liquidated
damages, but the Liquidated damages already recovered during extension(s) of time granted
previously under clause 37.4 shall not be waived. However, Price variation during such
extension(s) shall be dealt as applicable for extension(s) of time under clause 37.4.
38.0 Mobilization advance and Terms of Payment
Subject to any deductions from the Contract price, which the Railway is entitled to make,
the Contractor shall receive the payment in the following manner:
39.0 Mobilization Advance (for contract value of schedule I, II, III &IV)
39.1 Mobilization advance will be payable in 2 stages as indicated below –
Stage I 5% of Contract Value On signing of the contract agreement.
Stage II 5% of Contract Value On mobilization of site-establishment,

setting up Offices, bringing in equipment and actual commencement of work.
39.1.1 The above advance is subject to the following conditions:-
a) The advance payment will be subject to Terms & Conditions indicated in Clause: 1264 of
Engineering Code of Indian Railways with the latest amendments (Railway Board’s letter no.
2007/CE-I/CT/18/Pt.3 dated 23.05.2012, attached as Annexure-II). The Engineering Code is
available on Indian Railway web site.
b) The irrevocable bank guarantee shall be from a nationalized bank in India in a form
acceptable to the Railways.
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c) Advance will be recovered on pro rata basis from the “on account bills” of the contractor. The
recovery shall commence when the value of contract executed reaches 15% of original
contract value, and shall be completed when the value of work executed reaches 85% of the
original contract value.
d) Method of Recovery of interest - Interest will be recovered on the advance outstanding for
the period commencing from the date of payment of advance till date of particular on-account
bill (through which recovery of principal is effected) and adjusted fully against on-account
bill along with pro-rata principal recovery. In the event of any shortfall, the same will be
carried to the next on-account bill.
e) The rate of interest shall be RBI Bank Rate plus 5% (five percent) simple interest for the
tenders to be opened in the Financial Year 2022-23 onwards. (as per Railway Board letter no.
2018/CE-UCTII dated 10.03.2022.
39.2 Payment for supply of machine, plant & equipment including commissioning spares (as
per schedule I)
39.2.1 Incase of Supply of new M&Ps
A. 70% of the M&P value (as mentioned in Mechanical portion of the contract)
After receipt of machine (including all spares, manuals, drawings, technical details as
stipulated) at site in full and good conditions, subject to submission of requisite documents
along with relevant supporting inspection certificates. Establishment of “Good Conditions” as
mentioned above would be done with a joint verification (Railway and Vendor) for
completeness of supplies as per Bill of Materials and visual inspection.
B. 20% of the cost of M&Ps
When Prove-out Test Certificate (PTC) for the individual M&Ps are issued.
39.2.2 Minimum amount that will be processed for payment will be Rs.50 lakh for each bill
submitted under this category (except the last bill under this category).
39.3 Payment for erection and commissioning of all civil infrastructures

(as per schedule II)
a) The payments will be made based on the actual measurement and recording of the quantities as
indicated in measurement book in terms of EPC contract policy with its latest correction slips.
b) 90% of the contract value (Civil portion only) as per the value of actual quantities executed at
Site.
c) Minimum amount that will be processed for payment by Railways will be Rs.50 Lakh for
each bill submitted under this category (except the last bill under this category).
39.4 Payment for supply of electrical equipment including commissioning

spares (as per schedule III)
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b) 90% of the contract value (Electrical portion only) as per the value of actual quantities
executed at Site.
) Minimum amount that will be processed for payment will be Rs.20 lakh for each bill submitted
under this category (except the last bill under this category).
39.5 Payment for supply of S&T/IT equipment including commissioning

spares (as per schedule IV)
b) 90% of the contract value (S&T/IT portion only) as per the value of actual quantities
executed at Site.
c) Minimum amount that will be processed for payment will be Rs.10 lakh for each bill
submitted under this category (except the last bill under this category)
39.6 All Intermediate stage payments mentioned above will be termed on “on account payment”.
39.7 Balance 10% of the Contract Value pertaining to schedule I, III & IV and the balance unpaid
portion of the schedule II (based on the certified measurements of the total quantity of work
executed) shall be released on submission of separate bills by contractor for each of the
schedules i.e. Schedule-I, Schedule-II, Schedule-III & Schedule-IV against submission of
following documents:
a. Final Acceptance Certificate issued by the Railway
b. Contractor shall submit the Bank Guarantee of 10% of total value of Schedule I as Warranty
Guarantee and Bank Guarantee of 5% of total value of Schedule II, III & IV as Maintenance
Guarantee as per proforma at Annexure-III C.
c. No claim certificate issued by tenderer
d. Physical completion of works of Schedule I, II, III & IV.
39.8 Extension of time in contract allowed as per contract policy.
40.0 Pre-receipted invoice.

40.1 On-Account Payment without prejudice
‘On account’ payments made in respect of work done or materials delivered by the
Contractor, shall be without prejudice to the final accounts and shall not be considered by
itself to be evidence of any facts, stated in or to be inferred from such payments or of any
work done or materials supplied, or of the manner of its execution.
40.2 Final Measurements and Payments
Final measurements and payments for Civil, Elect. & S&T/IT Engineering works (schedule-
II, III &IV) will be done in accordance with EPC contract policy with the latest correction
slips.
40.2.1. MCF site-engineer will record the measurements based on the materials supplied and the
amount of work done in the Measurement Book (M-Book) subject to meeting the tender
conditions & specifications. The contractor shall sign the M-book for his acceptance of
measurements entered. After the test checks are made, bill will be prepared and processed for
payment subject to any deductions due to the contractor.
40.2.2 After receipt of the Draft Final Bill audits verification, the Engineer shall determine the
value to which the Contractor is entitled under the Contract, and issue his Draft Final Bill
account to the Railway and the Contractor. The Contractor shall sign the Engineer’s copy of
the draft Final Bill Account in token of acknowledgement of the full and final value of the
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Works performed under the Contract, and based on that, submit promptly the Final Bill duly
signed by him in the format issued by the Engineer, together with a “No Claim” certificate.
40.2.3 On receipt of the Final Bills, the Engineer shall prepare and issue the Certificate of Final
Payment, confirming the amount due to the Contractor under the Contract. On receipt of the
Certificate, payment will be made, subject to any deductions due to the Contractor.
40.3 Soon after the issue of the Final acceptance certificate, a joint account of any plant, equipment
and materials issued by the Railway to the Contractor, shall also be prepared and signed
jointly. Based on the final measurements and joint material and plant, equipment account
statements, the Contractor shall submit a Draft Final Bill with supporting documentation, in
the Proforma prescribed.
41.0 Procedure for release of payments to Contractor (Applicable for Civil, Electrical
S&T/IT Engg. portions only)
a. Format of bill will be supplied to the successful bidder. The Contractor shall submit his bills
in this format.
b. Filling of Measurement Book (MB): Filling of measurement book (MB) for civil, Elect. &
S&T/IT Engg.wok (Schedule-II, III & IV) shall be in accordance with the conditions laid in
EPC contract policy.
c. The Contractor will maintain records in a site book for verification by the Railway from time
to time.
42.0 All progressive payments except the last payment shall be regarded as payments by way of
advance against the final payment only and not as payment for work actually completed and
shall not preclude defective/ imperfect/ incomplete work to be removed. It will not be
considered as an admission of the due performance of the Contract, or any part thereof nor
shall it include, determine or affect in any way the powers of the Railway under these
conditions or in any other way vary or affect the Contract.
43.0 Due date of payment

Payment shall be due and payable by the Railway within a reasonable period which will
normally not exceed 30 days from the date of receipt of complete and correct invoice
supported by requisite certificate and documents. If it is not payable the invoice will be
returned to the Contractor stating the reasons for rejection within a month from the date of
receipt by the Railway.
44.0 Deduction from contract price.

The Contractor shall reimburse to the Railway all costs, charges, damages or expenses which the
Railway may have paid or incurred and to the extent to which the Contractor is liable under this
Contract to pay within 30 days up on written request from the Railway, failing which such costs,
charges, damages or expenses shall be deducted by the Railway from any money due or
becoming due by him to the Contractor under this Contract or any other Contract failing which
such amounts shall be considered as debt due from the Contractor to the Railway and shall be
recoverable accordingly.
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45.0 Railway reserves the right to get the work executed in the best and most economical
manner, and may add or may not operate any item(s) of work(s) as the Railway may
consider fit.
46.0 The Railway reserves the right to increase or decrease the scope of work and/or not to
operate any one or more of the item(s) or work(s) of any one or more of the various
Schedules. It is the responsibility of the Contractor to ascertain from the Engineer-in
charge, the items to be operated with their actual quantities before making any
arrangements(s) for taking up work under the item(s). No claim, whatsoever, from the
Contractor will be entertained for non-operation of any of the item(s) or for variation in
quantity of any of the item(s).
47.0 Ref at 34.0.4 above.

48.0 Ref at 34.0.5 above.
49.0 General Insurance
49.1 The Contractor shall be responsible and take a comprehensive Insurance Policy covering all risks
and liabilities for all supplies on FOR site basis, storage at site up to erection, testing &
commissioning and handing over of the Plant to the Railway as per terms of Contract. The
Contractor shall also take insurance for Third Party Liability covering loss of human life
(engineers and workmen not belonging to Contractor) and also covering the risks of damage of
other's material/ equipment/ properties during execution of the Contract. However, the value of
third party liability for compensation for loss of human life and damage of equipment/property
shall be subject to the approval of the Railway.
49.2 All the insurance claims pertaining to their scope shall be processed by the Contractor and the
missing / damaged items shall be replaced / repaired by them without any extra cost to the
Railway and without affecting the completion time.
49.3 The Contractor shall also arrange Accident Insurance Policy for his personnel deputed to site
including a separate policy as per Workmen's Compensation Act.
49.4 The Accident Insurance policy shall be for payment of an ex-gratia amount of (INR) Rs.
1,00,000/- (Indian Rupees One lakh only) per head in case of fatal accident to the Contract
labour engaged by him in addition to the Workmen’s Compensation Insurance Policy.
50.0 Responsibility for Performance of Contract
50.1 The Contractor shall be responsible for the due and faithful performance of the Contract in all
respects according to the intent and meaning of the drawings, specifications and all other
documents referred to in this Contract.
50.2 Any approval which the Railway may have given in respect of the stores, materials, supplies
or other particulars and the work or the workmanship involved in the Contract shall not bind
the Railway notwithstanding any approval given by the Railway, it shall be lawful for the
Railway to reject the material on arrival at site, if it is found that the materials supplied
and/or erection work carried out by the Contractor are not in conformity with the terms and
conditions of the Contract in all respects.
51.0 Packing, Identification and Marking
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51.1 The Contractor shall include and provide for securely protecting and packing the materials so
as to avoid loss or damage during handling & transport.
51.2 Notwithstanding anything stated in this Clause, the Contractor shall be entirely responsible for
loss, damage or depreciation or deterioration to the materials & supplies due to faulty
protective and insecure packing.
52.0 Type, Quality of Materials and Workmanship

52.1 The Equipment under scope of supply shall be of the approved quality and workmanship and
shall be new. Substitution of specified material or variation from the method of fabrication
may be permitted with the prior written approval of the Railway.
52.2 Wherever required by rules and regulations, the Contractor shall also obtain the Statutory
Authorities' approval for the plant, machinery and equipment to be supplied by the Contractor.
52.3 Brand names mentioned in the Contract documents are for the purpose of establishing the type
and quality of products to be used. The Contractor shall not change the brand name and
qualities of the bought-out-items, including M&P items without the prior written approval of
the Railway.
52.4 Refer Technical specification as per chapter VIIIA
53.0 Errors and Omissions
53.1 The Contractor shall be responsible for any discrepancies, errors and omissions in the
drawings or other information submitted by him, irrespective of whether these have been
approved, reviewed or otherwise accepted by the Railway or not.
54.0 Inspection and Acceptance
54.1 Inspection and Tests at Contractor's Premises
a) THE RAILWAY or his authorized representative / inspection agency shall have the right of
inspecting and testing the contract work or any part thereof at any time during the
manufacture and the Contractor on demand from the Railway shall carry out such tests in
appropriate manner in the presence and free of charge to the Railway/Inspection Agency.
Should a part of the plant be manufactured not on Contractor’s own premises but on other
premises, the Contractor shall like wise obtain permission to inspect and test the work as if
the said plant were being manufactured on the Contractor’s premises.
b) The inspection and tests shall be so conducted as not to unreasonably impede the progress of
manufacture.
c) The Contractor shall bear all costs of any and all inspections and tests charges as per Clause
above (including third party inspection chrges if any) and extend all such facilities to the
Railway or his authorized representative/ inspection agency to accomplish the same.
d) THE RAILWAY upon giving 7 days notice in writing and stating any grounds of objection,
shall have the right to reject any or all equipment or demand rectification or replacement
thereof.
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e) The Contractor shall give the Railway a minimum of three weeks clear notice of any work
being ready for inspection and tests specifying the period likely to be required for such
inspection and tests.
f) When the tests have been satisfactorily completed at the Contractor’s or sub-Contractor’s
premises, the Railway shall forthwith issue a certificate to that effect. No plant shall be
shipped or otherwise dispatched before such certificates have been issued.
g) In case any inspection/tests fail, re-inspection/ retest shall be carried out after necessary
rectification/ replacement by the Contractor.
h) In the case of commissioning spares and operating & maintenance spares, the same shall be
offered for inspection only after the main equipment has been inspected and satisfactorily
tested.
i) In the case of such plant & equipment, where tests set forth above cannot be conducted either
partially or fully in Contractor’s premises but have to be conducted at site only after
assembly/erection, the provisions under this article shall also apply. However, in such cases
prior approval of the Railway shall be obtained by the Contractor.
j) Components for trials of M&Ps (under Schedule-I) at the manufacturer’s works (if required)
shall be given by MCF on the request of the contractor on returnable basis against submission
of Bank guarantee. The contractor should intimate the requirement well in advance i.e. a
minimum of 60 days from the date on which the material / component is required for trial at
their works. The value of the Bank guarantee shall be indicated by MCF based on the qty and
cost of the component. It is the responsibility of the contractor to make necessary arrangements
for packing and transporting of the components for trial to their works and back.
k) A functional test must be carried out at the manufacturer's works. Rigidity of the machine
shall be demonstrated to the satisfaction of appointed Inspector of Inspecting Agency.
l) Manufacturer must have suitable facilities at their works for carrying out various
performance and productivity tests on the machine.
m) A sample inspection chart for inspecting the machine should be supplied. The inspection
charts should indicate all the tests that are carried. out during the machine manufacture.
54.2 Inspection of M&P items
i) Before supply to MCF, Inspection will be done by RITES (inspecting agency) or any other
representative nominated by Railway.
Firm will be required to submit a detailed Quality Assurance Programme (QAP) for each of
the machine that will be followed during the manufacturing of the machine. MCF may
change/add/modify the quality assurance programme of a machine in case it is not satisfied
with the QAP submitted by the firm. The QAP should incorporate check points at every stage
from the raw material procurement stage to in-process inspection of various assemblies and
final inspection of the machine.
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ii) After supply to MCF:
a) Joint Check - The Tenderers would be required to carry out a joint check along with the
consignee, before unpacking is done, to avoid subsequent complaints regarding short
shipment/transit damages. It is necessary that this joint inspection be done immediately on
receipt of the machine to avoid commissioning delays due to shortages / transit damages. The
consignee shall record a joint note certifying this.
b) On successful Installation of the M&P at MCF, MCF will issue a commissioning certificate
for each machine on satisfactory demonstration ofthe Acceptance Criteria / productivity as
defined in the respective technical specification.
c) On successful commissioning and subsequent successful prove out as defined in the technical
specifications of the respective M&Ps, Prove-out test certificate (PTC) for each of the M&P
on a prescribed proforma (Annexure-VII) will be issued by MCF. The Contractor shall
rectify before issue of PTCs, all the defects / modifications observed during commissioning
which were jointly accepted during issue of commissioning certificate, duly ensuring
compliance to all other M&P related requirements like submission of complete set of spares,
tools, accessories, manuals, drawings, certifications etc as per the contract.
d) In the Technical specifications of individual M&P’s, wherever issue of PTC is not mentioned
and Prove out of Productivity is not applicable, PTC shall be issued after 15 days of
commissioning, on clearing the defects observed during commissioning.
e) If an assembly/sub-assembly requires to be taken back to the manufacturer's premises for

repair / replacement either before commissioning or during warranty, the manufacturer or his
agent would be required to submit Bank Guarantee. In case the entire machine has to be
taken back, a Bank Guarantee would have to be submitted. The bank guarantee should be of
adequate value so as to cover the cost of the assembly/subassembly/paid up cost of the
machine
54.3 Inspection of Civil Engg. related infrastructural facilities (schedule-II) will be carried
out by engineer or engineer representative of MCF.
The inspection of the civil engineering works (schedule-II) will be carried out by the MCF
representative as per EPC contract policy.
54.4 Inspection of Electrical Engg. Related works (Schedule-III) will be carried out by
engineer or engineer representative of MCF.
The inspection of the Electrical Engineering works (schedule-III) will be carried out by the
MCF representative as per EPC contract policy.
54.5 Inspection of S&T/IT Engg. Related works (Schedule-IV) will be carried out by engineer
or engineer representative of MCF.
The inspection of the S&T/IT Engineering works (schedule-IV) will be carried out by the
MCF representative as per EPC contract policy
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54.6 Preliminary Acceptance Test (PAT)Certificate

The Preliminary Acceptance Test certificate for the complete work will be issued on
satisfying the following conditions:-
(i) Issue of Prove-out test certificates (PTC) for all M&Ps of Schedule-I as per technical
specification)
(ii) Completed Supply, Erection, Commissioning and Testing of all the works in schedule – II,
III & IV.
(iii) Results of the acceptance tests (for issue of Commissioning Certificate / PTC) shall
be recorded jointly by the Contractor and the Railways.
(iv) The Contractor should rectify all the defects observed during commissioning / Prove-out. On
successful completion of Acceptance Tests (for issue of Commissioning Certificate / PTC as
applicable) and liquidation of the defects list, Preliminary Acceptance Certificate shall be
issued by the Railway.
(v) Mandatory approval / certification of installations / licences for equipments(wherever

applicable)from statutory authorities like electrical inspectorate/CEA/PESO/ Competent
person approved under Factories Act etc shall be obtained by the Contractor before issue of
Preliminary Acceptance Certificate. The validity of such licenses should be for adequate
period (minimum 6 months) for processing renewal by MCF.
(vi) Submission of all documents, drawings, certificates, technical literatures etc. duly updated
incorporating modification if any carried out at the time of commissioning / prove-out.
54.7 The project shall be taken over physically by the Railway when:
a) Contractor has completed Supply, Erection, Commissioning and Testing of all the works in
schedule-I, II, III &IV.
b) Preliminary Acceptance test certificate has been issued by the Railway.
c) The Contractor has submitted all documents as per provisions of this Contract.
d) The Contractor has complied to the satisfaction of the Railway all the objections /
observations,
if any.
54.8 Final Acceptance Test Certificate (FAT)
Final acceptance certificate shall be issued by the Railway within 90 days from the
following date (which ever is later) when:
a) For all items covered in schedule-I, PTC should have been issued. The raw
material/components required shall be arranged by MCF. The FAT should not be held up for
want of availability of raw material/components.
b) The Contractor has rectified in a definitive manner all defects/ objections/ observations
mentioned in the PAT Certificate;
c) Physical completion of Schedule II, III &IV.
d) Final documentation incorporating latest modifications has been submitted by the Contractor
in requisite copies;
e) The Contractor has met all other obligations under this Contract;
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55.0 Sub-Contracting
55.1 The Contractor may sub-contract a portion of the Contract Work to third parties with the prior
written approval of the Railway. The Contractor shall furnish full particulars about the
proposed Sub-Contractor(s) with the details of the work proposed to be sub-contracted and
details of the work completed by the proposed sub-contractor based on which the contractor
considers the sub-contractor competent to take up the proposed work to the Railway while
seeking such approval.
55.2 The contractor shall ensure that the sub-contractor/agency entrusted with executing electrical
works (LT & MV) shall have current and valid Electrical Contractor’s license.
55.3 M&P items listed in Schedule-I manufactured and supplied by specialized manufacturers
which the Contractor intends to incorporate in the contract work shall not come within the
preview of the provision under above clause.
55.4 Standards and Compliance with Laws & Regulations
The design, engineering, manufacture, assembly inspection, testing and erection as well as
performance of the equipment shall be in accordance with latest appropriate Indian Standards,
Codes, IEC standards, Indian Electricity rules, regulation of relevant State Electricity Boards
and Chief Electrical Inspectorate. Where appropriate Indian Standards and Codes are not
available, other suitable standards and codes as approved by the Railway shall be used.
56.0 Titles
All maps, plans, drawings, specifications, schemes and the subject matter contained therein and
all other information given to the Contractor by the Railway in connection with the Contract
shall be held confidential by the Contractor and shall remain the property of the Railway.
57.0 Rejection of Defective Plant
57.1 If the completed plant, or any portion thereof, before it is accepted or taken over, be defective
or fails to fulfill the requirements of the Contract, the Railway shall give the Contractor notice
setting forth particulars of such defects or failure and the Contractor shall forthwith make the
defective plant good, or alter the same to make it comply with the requirements of the
Contract. Should he fail to do so within a reasonable time, the Railway may reject and replace
at the risk and cost of the Contractor, the whole or any portion of the plant, as the case may
be, which is defective or fails to fulfill the requirements of the Contract. However, such
rejection/replacement by the Railway shall not absolve the Contractor of his responsibilities
under this Contract.
57.2 In the event of such rejection, the Railway shall be entitled to the use of the plant in a
reasonable and proper manner for a time reasonably sufficient to enable him to obtain other
replacement plant.
58.0 If any assembly/subassembly requires to be taken back by the contractor for

repairs/replacement either before commissioning or during warranty, the contractor would be
required to submit a bank guarantee (BG). The BG should be of adequate value so as to cover
the cost of the assembly/assemblies and shall be decided by the Engineer.
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59.0 Indemnity
59.1 The Contractor shall at all times indemnify and keep indemnified the Railway against all
claims which may be made against the Railway in respect of any infringement of any rights
protected by patent laws. In this connection, the Railway shall pass on all claims made against
him to the Contractor for settlement.
59.2 THE RAILWAY shall not be held responsible for any accident or damages incurred or
claims arising there-from during the period of execution of work under the responsibility of
the Contractor and putting into operation of the plant under the supervision of the
Contractor in so far as the latter is responsible. However, the Contractor shall be liable for
such accidents as may be due to negligence on his part in accordance with Indian laws and
regulations.
60. Rescinding of contract
60.(1) Determination of Contract owing to Default of Contractor:

If the Contractor should:
(i) Becomes bankrupt or insolvent, or
(ii) Make an arrangement for assignment in favour of his creditors, or agree to carry out the contract
under a Committee of Inspection of his creditors, or
(iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction), or
(iv) Have an execution levied on his goods or property on the works, or
(v) Assign the contract or any part thereof otherwise than as provided in this document, or
(vi) Abandon the contract, or
(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the
contract, or
(viii)Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or
(ix) Fail to Execute the contract documents in terms of Para 8 of the Chapter-VI.
(x) Fail to submit the documents pertaining to identity of JV and PAN in terms of Para 17.11 of
Tender Form (Second Sheet) of Annexure I available in the Chapter-VI.
(xi) Fail to remove materials from the site or to pull down and replace work after receiving from
the Engineer notice to the effect that the said materials or works have been condemned or
rejected , or
(xii) Fail to take steps to employ competent or additional staff and labour as required., or
(xiii)Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works
or any part thereof as required, or
(xiv) Promise, offer or give any bribe, commission, gift or advantage either himself or through his
partner, agent or servant to any officer or employee of the Railway or to any person on his or on
their behalf in relation to the execution of this or any other contract with this Railway.
(xv) Fail to adhere to the provisions of Para 16 of Tender Form (Second Sheet) of Annexure I of the
Chapter-VI, or provision in this document.
(xvi) Submits copy of fake documents / certificates in support of credentials, submitted by the
tenderer
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Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the
Contractor with a notice (Proforma at Annexure-XI) in writing to that effect and if the
Contractor does not within seven days after the delivery to him of such notice proceed to make
good his default in so far as the same is capable of being made good and carry on the work or
comply with such directions as aforesaid of the entire satisfaction of the Engineer, the Railway
shall be entitled after giving 48 hours’ notice (Proforma at Annexure- XI, as the case may be) in
writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as
may be specified in such notice) and after expiry of 48 hours’ notice, a final termination notice
(Proforma at Annexure- XI, as the case may be) should be issued.
Note: Engineer at his discretion may resort to the part termination of contract with notices (Proforma
at Annexure- XI), only in cases where progress of work is more than or equal to 80% of the
original scope of work.
60.(2) Right of Railway after Rescission of Contract owing to Default of Contractor: In the
event of any or several of the courses, referred to in Sub-Clause (1) of this Clause, being
adopted:
(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of
his having purchased or procured any materials or entered into any commitments or made any
advances on account of or with a view to the execution of the works or the performance of the
contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto
for actually performed under the contract unless and until the Engineer shall have certified the
performance of such work and the value payable in respect thereof and the Contractor shall only
be entitled to be paid the value so certified.
(b) In the contract which has been rescinded as a whole, the Security Deposit already with
railways under the contract shall be encashed/ forfeited and the Performance Guarantee
already submitted for the contract shall be encashed. The balance work shall be got done
independently without risk & cost of the failed Contractor. The failed Contractor shall be
debarred from participating in the tender for executing the balance work. If the failed
Contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be
debarred from participating in the tender for the balance work in his/her individual capacity or
as a partner of any other JV /partnership firm.
Further the authorized representative of failed Contractor cannot be accepted as authorized
representative in new contract.
(c) In the contract rescinded in part or parts,
(i) The full Performance Guarantee available for the contract shall be recovered. No additional
Performance Guarantee shall be required for balance of work being executed through the part
terminated contract. The contract value of part terminated contract stands reduced to the balance
value of work under the contract.
(ii) The Security Deposit of part terminated contract shall be dealt as per clause 8.4 of these
Conditions.
(iii) The defaulting Contractor shall not be issued any completion certificate for the contract.
(iv) The balance work shall be got done independently without risk & cost of the failed Contractor.
The failed Contractor shall be debarred from participating in the tender for executing the
balance work. If the failed Contractor is a JV or a Partnership firm, then every member/partner
of such a firm shall be debarred from participating in the tender for the balance work in his/her
individual capacity or as a partner of any other JV /partnership firm.
(v) Further the authorized representative of failed Contractor will not be accepted as authorized
representative in new contract.
(d) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials,
tools, implements, machinery and buildings on the works or on the property on which
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these are being or ought to have been executed, and to retain and employ the same in the further
execution of the works or any part thereof until the completion of the works without the
Contractor being entitled to any compensation for the use and employment thereof or for wear
and tear or destruction thereof.
(e) The Engineer shall as soon as may be practicable after removal of the Contractor fix and
determine ex-parte or by or after reference to the parties or after such investigation or enquiries
as he may consider fit to make or institute and shall certify what amount (if any) had at the time
of rescission of the contract been reasonably earned by or would reasonably accrue to the
Contractor in respect of the work then actually done by him under the contract and what was the
value of any unused, or partially used materials, any constructional plant and any temporary
works upon the site. The legitimate amount due to the Contractor after making necessary
deductions and certified by the Engineer should be released expeditiously.
61.0 Force Majeure -

If at any time, during the continuance of this contract, the performance in whole or in part
by either party of any obligation under this contract shall be prevented or delayed by reason
of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or
damage by fire, explosions, epidemics/pandemics, strikes, lockouts or acts of God
(hereinafter, referred to events) provided, notice of the happening of any such event is given
by either party to the other within 30 days from the date of occurrence thereof, neither party
shall by reason of such event, be entitled to terminate this contract nor shall either party have
any claim for damages against the other in respect of such non-performance or delay in
performance, and works under the contract shall be resumed as soon as practicable after such
event has come to an end or ceased to exist, and the decision of the Engineer as to whether
the works have been so resumed or not shall be final and conclusive, PROVIDED
FURTHER that if the performance in whole or in part of any obligation under this contract is
prevented or delayed by reason of any such event for a period exceeding 120 days, either
party may at its option terminate the contract by giving notice to the other party.
62.0 Arbitration
This shall be dealt as per contract policy and the venue of Arbitration shall be in Rae-Bareli
and the courts in Rae-Bareli alone shall have the exclusively jurisdiction in all matters arising
out of the agreement.
63.0 A. Warranty applicable to Schedule I

63.1 The Contractor warrants that the Contract Work shall be new and modern design based on
best engineering practices and employing up to date, proven and established technology
suitable for Indian conditions.
63.2 Within the terms of the Warranty, the Contractor shall be liable for any defect/deficiency in
design, material, manufacture, packing, transport, shipment, construction, erection,
installation testing, commissioning and performance guarantee.
63.3 Warranty will be for a period of 24 months from the date of issue of PAT, applicable to
Mechanical engineering portion of the work mentioned in Schedule I.
63.4 Periodic Preventive Maintenance and Lubrication (PM&L) in case of machineries and
equipments supplied (as recommended by the OEM) should be part of warranty. The PM&L
Schedules of all the machineries and equipments supplied should be submitted before issue of
PAT and the same has to be adhered to during the warranty period.
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63.4 Up to expiry of the Warranty period, the Contractor shall remain solely liable for compliance
of his supplies with the Contract provisions and with the best trade and engineering practice.
He shall be held to perform entirely at his expense any modification, adjustment and/or
revision acknowledged to be required to meet the conditions of the Contract.
63.5 The Contractor shall also, at his expense, replace any part having defects rendering it
unsuitable for the use for which intended or liable to reduce the operating life time thereof
without the Railway having to identify the nature of such defect to which the defective facility
might be exposed.
63.6 Where it is established that a defect is occasioned by a genuine error in design, the Contractor
shall replace all identical components furnished within the compass of the Contract with
components better suited to perform the same functions in the same conditions, even though
such components may not have given rise to any failure.
63.7 Regarding Spare parts the Warranty period shall be 24 months after delivery.
63.8 If during the Warranty period some parts of the supplies are replaced owing to the
defects/damages under the Warranty, the Warranty period shall be calculated for complete
M&P, not for individual replaced parts.
63.9 If during the period of Warranty, the entire plant should be unavailable for reasons ascribable
to the Contractor or for performing a design modification to better adapt the facility of
technological progress, the period of Warranty covering the entire works shall be extended by
all of the period of unavailability of the equipment.
63.10 If the Contractor does not commence the rectification either by repair or replacement of such
defects within 30 days from the date of notice by the Railway or does not complete the said
rectification with reasonable diligence and within a reasonable time as may be mutually
agreed, the Railway may, at his option, rectify the defects at the Contractor’s expense. The
Railway shall, in such a case, deduct from payment due to the Contractor the expenses
incurred by the Railway for remedy of such defects without prejudice to the other rights of the
Railway under this Contract.
63.11 In the case of defective parts not repairable at site but essential in the mean time for the use
of the plant, the Contractor shall replace at site free of cost to the Railway the said defective
parts, before the defective parts are removed to his works. If the spare parts are available with
the Railway, the Contractor shall be allowed to use the same in replacing the defective parts,
provided that the Contractor shall replace such parts within a reasonable time thereafter as
may be required by the Railway.
63.12 If the Contractor, on account of the defects, repairs and/or replaces certain items by changing
the design or materials, such change shall not reduce the performance of the unit.
63.13 If any drawings/documents supplied by the Contractor are found to be in corrector
incomplete within the tenure of this Contract, the Contractor shall correct or complete such
drawings/documents at his cost within a reasonable time.
63.14 The issue of acceptance certificate/inspection certificate/ approval by the Railway shall in no
way relieve the Contractor from the provisions of this Schedule.
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63.15 If the warranty period expires on a Saturday/ Sunday/ Holiday, it will be deemed to have
been extended to the following working day.
63.16 Immediately, after the expiry of warranty period (extended or otherwise), the comprehensive
annual maintenance contract period will commence. The firm will be required to submit a
performance bank guarantee equal to 1/4 of the highest of annual value of CAMC to cover the
entire CAMC period and to be submitted 21 days before the expiry of warranty bank
guarantee (extended or otherwise). Failure on the part of the firm in timely submission of
PBG for comprehensive annual maintenance contract and signing of CAMC agreement will
lead to encashment of warranty bank guarantee to the extent of the CAMC BG i.e. to be
submitted as pre clause no: 78.2 of chapter – V.
63.17 Period of Extension of warranty period shall be calculated as follows. Warranty will be
extended by the number of days of Break Down of the M&Ps with maximum Breakdown
during the warranty period.
63.0 B. Maintenance warranty of 12 months from the date of issue of FAT, applicable to
Schedule II, III & IV.
64.0 Rights of the Railway to Vary the Contract
64.1 THE RAILWAY shall have the right, during the performance of the Contract, to make changes
in the specifications as may be necessary or desirable subsequent to issue of the order or
include extra work resulting from final design changes and miscellaneous modifications. It is
obligatory on the part of the Contractor to carry out the changes/ extra work.
64.2 Prior to commencement of any extra work or additional work involving possible claim by the
Contractor additional claim if any, over and above the Contract price, shall be submitted to
the Railway with detailed estimate in writing and approval of the Railway has to be obtained.
64.3 Any amount to be allowed in respect of any variation and/ or alteration of the contract work
affected by the Railway under this article shall be added to or deducted from the Contract
Price as the case may be.
64.4 Any change/modification required by the Railway/statutory authority to correct defective

workmanship, non- standard installation and non-compliance of statutory regulation by the
Contractor, shall be undertaken free of cost by the Contractor within the time schedule. For
such modification the Contractor shall take prior approval of the Railway and shall furnish the
revised drawing/corrected print after carrying out the modification. All modifications shall
also be incorporated in as built drawings.
65.0 Waiver
65.1 Non-enforcement by either party of any of the provisions of this Contract shall not constitute a
waiver of the provision itself or any subsequent breach thereof
.
65.2 The validity of the Contract shall not be affected, should one or more of its stipulations be or
become legally invalid and such stipulation is severable from and not fundamental to the
obligations of either party to this Contract. In such a case, the parties shall negotiate in good
faith to replace the invalid clause by an agreed stipulation which is in accordance with the
applicable law and which shall be as close as possible to the parties’ original intent.
53
66.0 Amendment
66.1 Any amendment to the terms of the contract including schedules and annexures shall be made
in writing by both parties and shall specifically state that it is an amendment to this contract.
67.0 Language
67.1 All documents, instructions / trainings, catalogues, brochures pamphlets, design data, norms
and calculations, drawings, operation, maintenance and safety manuals, reports, labels, on
deliveries and any other data shall be in English Language.
67.2 The contract agreement and all correspondence between the Railway and the Contractor shall
be in English language.
68.0 Statutory and other Regulations
68.1 The Contractor shall comply with all the statutory obligations of Government of India/State
Government applicable at site and the Railway shall not be liable for any action of the
statutes applicable due to non-fulfillment of statutory obligations by the Contractor.
68.2 All rubbish, materials and temporary structure of any kind used for construction work are to
be removed to a place designated by the Railway by the Contractor. On completion of work,
all pits and excavations must be filled up and the site handed over in a tidy and workmanlike
condition. No final payment in settlement of the account shall be made to the Contractor till
such site clearance shall have been affected by him.
68.3 If any excess material procured by the Contractor is lying at the site unused or any material
rejected by Railways, in lieu of which the contractor has already provided the correct
material, is also lying at the site, being the property of the contractor, the same can be
removed by him at any stage before the project completion. Moreover, the scrap gathered
from dismantling the temporary structures erected by the contractor would also be removed
by the contractor, being the sole property of the contractor.
69.0 Labour
69.1 The Contractor shall comply with the following:

i) Minimum Wages Act and Payment of Wages Act 1963.
ii) Workmen's Compensation Act 1923.
iii) Apprentice Act.
iv) Provident Fund Act.
v) Age Limit of labour.
vi) Medical facilities and sanitary arrangements.
vii) Labour camp and preservation of peace.
viii) Reporting of accident to labour.
ix) Preservation of peace amongst his workmen and/ or others employed by him.
x) Child Labour (Prohibition and Regulation) Act 1863.
xi) Contract labour act.
xii) Will make payment to his workers through online payment directly to their bank account.
The Contractor shall also be responsible for the observation of all the above clauses by his
Sub-Contractors.
54
69.2 Employees Provident Fund and Miscellaneous Provisions Act 1952
69.2.1 The Contractor shall comply with the provisions of para 30 & 36-B of the Employees
Provident Fund Scheme, 1952; Para 3 & 4 of Employees Pension Scheme, 1995; and Para 7
& 8 of Employees Deposit Linked Insurance Scheme, 1976; as modified from time to time
through enactment of “Employees Provident Fund & Miscellaneous Provisions Act, 1952”,
wherever applicable and shall also indemnify the Railway from and against any claims under
the aforesaid Act and Rules.
69.2.2 The contractor is required to comply with the provisions of EPF & M&P Act, 1952 and obtain
code number from the concerned authorities whenever workmen employed by him are 20 or
more. He shall also indemnify Railways from and against any claim, penalties, recoveries under
the above Act and Rules. Contractors should get the code number under the EPF so as to enable
the PF Commissioners to extend the social security benefits to the Workmen engaged by the
Railway Contrators.
70.0 Restriction of Visitors
The Contractor shall not allow any visitors at site without the prior written approval of the
Railway.
71.0 Possession Prior to Completion
71.1 THE RAILWAY shall have the right to take possession or use any completed or partially
completed work. Such possession or use shall not be deemed to be an acceptance of any work
done not in accordance with the Contract.
72.0 Jurisdiction
72.1 This contract shall be governed by the Laws and Regulations of India for the time being
enforced and will be subject to the exclusive jurisdiction of the courts of New Delhi.
73.0 Discrepancies
73.1 If there are varying or conflicting provisions made in any one document forming part of the
Contract, the Railway shall be the deciding authority with regard to the intention of the
document.
74.0 General
74.1 No official of the Railway shall in any way be personally bound or liable for the acts or
obligations of the Railway under the contract or answerable for any default or omission in the
observance or performance of any of the acts, matters or things or conditions which are herein
contained.
75.0 Communications With Contractor(s):Subject to and as otherwise provided in this contract,

all notices as are required to be given shall be signed by the competent officer of the Railway
for and on behalf of The President of India and all other actions shall be taken by the Engineer
and/or his representative.
55
76.0 Responsibility for Damage to Contractor’s Materials:
76.1 The materials issued by the Railway to the Contractor for use in the works shall be treated as
Contractor’s materials for this purpose, and the Contractor(s) shall make good these materials
in the event of any loss/ damage thereto.
76.2 Works finished but not taken over by the Railway shall be treated as Contractor’s materials
for this purpose, and the Contractor shall be responsible for making good any loss or damage
thereto.
77.0 Performance Guarantee for M&P
77.1 Performance parameters are specified in Technical Specs individually for each machine.
A) For all other M&Ps, issue of Prove out test certificate will determine the acceptance of the M&P
by the Railway.
77.2 The Contractor shall supervise and direct the operation during performance tests and shall
take full responsibility in this regard.
77.3 During performance tests, the Railway shall make available necessary operating personnel.
77.4 The Contractor shall provide and install all measuring instruments required for checking the
guaranteed performance which are not included among the permanent measuring instruments
of the Unit/sub-units.
77.5 If, even with two repetitive tests the performance values are not achieved for reasons within
the Contractor's responsibility, the Contractor shall undertake at his own cost such
modification or replacement as are considered necessary to obtain the performance guarantee
values as stipulated in Contract Specification and the responsibility to demonstrate successful
performance guarantee shall continue to remain with the Contractor till so established.
77.6 For carrying out rectification work for achieving guaranteed performance values, the
Contractor shall do so without seriously hampering the normal operation.
77.7 Should input as per Contract Specification change, then the Railway and the Contractor shall
consult each other to incorporate the same.
78.0 Comprehensive Annual Maintenance Contract (CAMC)
78.1 The successful Tenderer are required to enter into a comprehensive Annual Maintenance
Contract for the following: Items of Schedule –V under Chapter – VII,
The scope of CAMC shall include preventive and breakdown maintenance. This CAMC will
be inclusive of all spares and labour costs. All spares (for maintenance), except cost of
consumables for day-to-day operation and daily maintenance, shall form part of the scope of
comprehensive AMC. The CAMC cost shall be all inclusive price including all taxes, duties,
levies etc.
a) The CAMC period will commence immediately after expiry of the warranty period (extended
or otherwise). However, the contractor is bound to enter into the CAMC agreement at the
quoted CAMC rates before completion of warranty if the Railways desires.
56
b) The detailed terms and conditions of CAMC shall be given by the tenderer in his offer.
However, final terms & conditions of CAMC shall be decided by MCF
c) MCF can suggest changes/additions/ increase in the scope of work of CAMC as it deems fit
for proper performance of the machine.
d) The duration of CAMC shall be as follows from the date of expiry of warranty for all. Rates
for CAMC shall not be subject to any variation except for any statutory changes in taxes and
duties.
)
Sl.No.9 of item in the specification index of Duration of CAMC
chapter VII
M&P specified 5 years
e) The details of preventive maintenance services to be provided under AMC shall be provided
by the tenderer in the following format.
S.No. Type of Preventive Periodicity Items to Items of Expected down

Schedule be replacement time
checked
f) The preventive maintenance regime offered must be aimed at achieving minimum 85%
uptime of the plant including the plant down time for preventive maintenance schedules.
g) In case a failure is reported, service engineers must visit the site within 48 hours from the
date of complaint on calendar days’ basis. This period of 48 hours after the failure report
shall be treated as grace period, which will not count towards plant down time for upto one
failure per quarter and a maximum of 4 failures per annum. Incase the number of failures
exceed one during any quarter or four during any year of CAMC, grace period of only 24
hours will be permissible forsuch additional failures. Complaints shall be lodged by
consignee by fax, email or per bearer at address given by the tenderer.
h) Incase preventive maintenance is carried out along with breakdown maintenance schedule;
preventive maintenance time will be deducted from breakdown time of the plant.
i) Penalty Clause: Penalty shall be levied on the tenderer for not maintaining machine up time
of minimum 85% calculated on working days basis, after discounting for grace period and
preventive maintenance period. Penalty shall be calculated as %age of quarterly payment and
will be deducted from the respective quarterly payments. Penalty calculation will be done
over quarterly payment period as per details given below.
SN Availability slab Applicable penalty
1 85 % to 80% 0.5% for every 1 % (or part thereof) reduction in availability of
plant below 85%
2 Below 80% 1 % for every 1 % (or part thereof) reduction in availability of
plant below 80%
57
Penalty for a particular machine will be worked out on pro-rata basis of the machine cost
over the TOTAL cost of M&P in the respective CAMC price Schedule.
78.2 BANK GUARANTEE:
a) The successful Tenderer should submit a Bank Guarantee equal to 1/4th of the highest annual
value of CAMC to cover the entire CAMC period plus 6 months. (or) The tender can submit
multiple Bank Guarantees of lesser duration (1 year) to cover the period of CAMC plus six
months ensuring uninterrupted validity of CAMC.
b) The above Bank Gaurantee should be submitted by the tenderer 21 days before the expiry of
warranty period (extended or other-wise as the case may be).
c) This AMC BG will be returned on successful completion of the CAMC period.
d) If the tenderer fails to submit the CAMC BG or fails to submit amendment BG to the
Original CAMC BG in time as stipulated above, Railways will encash the warranty bank
guarantee or the AMC BG of the previous year, as the case may be.
78.3 Incase the tenderer fails to provide AMC services successfully; the AMC Bank Guarantee
(BG) will be forfeited. This will be in addition to penalty as per clause above.
78.4 Plant up time of less than 60% for two consecutive quarters will constitute complete failure to
provide the AMC services successfully; the AMC BG will be forfeited. This will be in
addition to penalty clause above for the period of actual performance.
78.5 Any spare part or material necessary to restore the plant to proper working order will be
arranged by the tenderer as a part of AMC.
78.6 In case of damage to the machine on account of any external factor, viz., floods,
earthquake, fire, arson or sabotage, entire cost of spare parts and material necessary for repair
of the plant shall be borne by the railways. However, the tenderer shall provide services of
their engineers free of cost as a part of AMC to restore the plant to working order.
78.7 Normally quarterly payment under AMC will be made to the tenderer within 30 days from
the end of that quarter subject to submission of the following documents by the tenderer to
the paying authority assigned by the consignee:
a. Consignee’s certificate for work done as per prescribed proforma with calculation of down
time and penalty applicable.
b. Bills submitted by the tenderer & accepted by consignee.
c. Attested photocopy of the AMC BG.
78.8 The CAMC contract shall be terminated in following ways:

i. In the event of failure of tenderer to provide CAMC services as per the CAMC agreement or
as per the conditions of the contract of the subject work, CAMC bank guarantee (BG) will be
forfeited in addition to penalty as per agreement.
78.9 The other condition of CAMC will be governed by EPC/applicable policy as amended by
updated Addendum / correction slips, issued until the date of tender opening, along with
Special conditions of the contract will be applicable for CAMC.
58
79.1 Maintenance schedules:
1.1 The maintenance schedules of each machine/workstation are to be done as given in the
maintenance manual of the machine/workstation.
1.2 The items to be attended in the maintenance schedule shall be as prescribed in the
manual of the
machine.
1.3 The maintenance schedule shall be carried out on Sundays and holidays or while
machine is
under breakdown. No separate time would be provided for carrying out maintenance schedule.
79.2 Calculation of admissible payments:
79.2.1 The payment for the particular machine/workstation shall be made proportionate to
weightage of machine given in the table.
79.2.2 No payment for a machine shall be made during the period of its full breakdown. Full
breakdown is defined that machine is unable to manufacture a component as per the required
specification.
79.2.3 If machine under breakdown continues under breakdown after fifth day then the daily amount
admissible for that particular machine shall be deducted from total payment.
79.2.4 If machine is under partial breakdown then only half of the payment admissible shall be made
for such period.
79.2.5 Partial breakdown shall be defined as machine is able to manufacture the component, but one or
more of it’s system are not functional, which cause extra effort or more time for production.
79.3 Example Payment Calculation
Weightage table
SN Machine Weightage Proportionate Value

01. M1 10% 0.1xT
02. M2 40% 0.4XT
03. M3 30% 0.3xT
04. M4 20% 0.2xT
Total value of the contract=T/per year
Daily admissible payment for each machine
For M1= 0.1xT/365

For M2= 0.4XT/365
For M3= 0.3xT/365
For M4= 0.2xT/365
Daily admissible payment for each working day= T/365
Now for the month of Jan
a. Machine M4 was under break down for 02 days in first week and 10 days in third week at
a stretch.
b. Machine M3 remained under partial breakdown for 10 days.

c. Machine M1 and M2 were available all the time, then payment calculation would be
as given below.
Jan: Total 31 days
Machine M1
31x0.1xT
= 0.0085T
365
31x0.4xT
Machine M2 = 0.034T
365
21x0.3xT
Machine M3 = 10x0.3xT = 0214T
365 2x365
(31-12)x0.2xT 5x02xT (31-17)x0.2xT = 0.0077T

Machine M4 =
365 365 365
Total payment = a0716T

Total payment without any breakdown for Jan would have been = 31 xT = 0.0849T
365
80.0 Technical Literature:
80.1 General -
One copy of the printed illustrative catalogue showing features of the Machine & its elements
must be enclosed with copy of bid. The contractor will also have to furnish following
documentation.
80.1.1 Spare parts catalogues (02 sets) giving the part list no. of each component with exploded
views and assembly drawings. For the bought out items, supplier shall furnish catalogue
number and price list of their OEM's for such items and the address of the likely
supplies.
80.1.2 Installation, interfacing, operation and maintenance manuals (4 sets), inclusive of trouble
shooting guide for CNC system, Robotic/Automatic system and power source. It should
clearly guide the maintenance personnel for easy diagnosis of fault or any trouble in the
machine and to rectify the same with minimum possible time. "Dos" and "Don'ts" should
be clearly brought out in the manual for the smooth operation and avoiding any
mishandling of any component.
80.1.3 The manual shall also cover trouble-shooting tips of all the bought out items from the
vendors, covering mechanical; Electrical\Electronic; hydraulic etc.
80.1.4 Electrical/electronic circuit diagram with component level details (02 sets).
80.1.5 The softcopy of the machine & software Programme of all EPROMS used in CNC
system should be provided with the machine along with ladder diagrams for the PLC
systems wherever applicable.
80.1.6 Pneumatic and hydraulics circuit diagrams & test charts(02 sets).
80.1.7 Recommended preventive maintenance schedules for the machine.
80.1.8 All the machineries & plant shall be provided with Standard Operating Procedures
(SOP).
These documentations are required to be submitted along with the machines/equipment.
60
80.2 Additional technical details in case of EOT cranes
80.2.1 The contractor shall depute their engineer to take accurate measurement of span and other
fixed dimensions of gantry at site jointly with MCF representative and incorporate the
dimensions measured at site in the GA drawing to be submitted for approval.
80.2.2 The Contactor will be required to submit the following drawings in4 copies.
i) The general arrangement drawings.
ii) General lay out drawing of the trolley.
iii) Assembly drawings of individual drives like hoists, long travel, cross travel.
iv) Sub assembly drawings for wheels. Hook blocks and hoist drum. In case of Ram shorn
hook (wherever specified under schedule-I) for Main Hoist, the contractor shall collect the
Drawing of lifting tackle to be used with crane from consignee and the Ram shorn hook
shall be compatible to the lifting tackle.
v) Circuit diagram showing the wiring for the complete crane including the following:
vi) Electrical equipment layout drawings.
vii) Current collection arrangement for the crane.
viii) Power supply arrangement to the trolley and attachments.
ix) Lubrication system for the complete crane.
c) Contractor will submit detailed calculations for selection of Motor, Reducer, Brake
coupling, Bridge girder, End carriage and their connection to MCF with their detailed
drawings.
d) The drawings mentioned at (i), (ii) and (vi) shall be got approved by the contractor from the
consignee and cranes supplied by them shall conform to said approved drawings.
e) Contactor shall give to the consignees the breakup of weights of different consignments of
crane for the purpose of unloading at site.
80.3 Incase of all M&Ps GA drawing (4 copies) to be submitted by the contractor. A nominated
representative of MCF shall either approve the GA drawings or if necessary return them to
the contractor for correction(s), with in two weeks of its receipt from the supplier, under
clear dated signatures.
80.4 Foundation drawings of the M&Ps
80.4.2 For each M&P the contractor shall submit 4 copies of the Foundation drawings, duly
certified for the design of the foundation.
80.4.3 On completion of the foundation of each M&P, the contractor shall arrange certification of
its Construction.
80.4.4 The above certifications are to be obtained from a RCC Consultant, who should be a
Chartered Engineer registered with the Institution of Engineers, certifying that the
foundation design & construction are in accordance with the latest version of the relevant
part of the Indian Standard for Code of Practice for design & construction of machine
foundation as specified in IS:2974.The original certificate issued by the consultant for
certification of both the design& construction of the foundation and a copy of his
registration certificate from the Institution of Engineers shall be submitted by the supplier
to the consignee.
81.0 Training
81.0.1 Contractor shall provide free training for 15 working days (5 days for Principle and
complete operation, 05 days for principle and complete maintenance i.e. covering all the
61
aspects of mechanical, electrical & electronics maintenance both preventive and

troubleshooting and 05 days for Programming whereas applicable) to staff
nominated by MCF, at manufacturer’s works (OEM’s) for 4 persons for each
machine. Boarding and lodging will be arranged by the Railways.
81.0.2 Likely places of training should be indicated in the offer. The supplier will be solely
responsible for coordinating the travel plan of trainees to ensure that the training is
imparted on the machine at its assembly and testing stage.
81.0.3 In addition to the above, technical experts from the manufacturer will fully and adequately
train the MCF Personnel nominated by the consignee during commissioning and
Proving out of the machine at consignee’s place of work, as detailed at para 81.0 (a)
above.
82.0 Time / Delivery schedule

82.1 (i) Mobilisation at site: D+02 month (“D” commences from date of issue of
“Letter of Intent”).
(ii)Liquidated Damage (LD) shall be applicable based on the individual completion / commissioning
dates indicated in schedule of supply/completion/commissioning irrespective of the date of
project completion .
82.2 As per milestone events given below:
83.0 Safety Regulations:
83.1 In respect of all labour, directly or indirectly employed in work for the performance of
Contractor’s part of this agreement, Contractor shall at his own expense arrange for all
safety provisions as per safety codes as applicable. All laboureres / Supervisors engaged by
the contractor for working inside MCF premises covered with ESI or Insurance policy for
Workmen compensation. All laboureres / Supervisors should be provided with Identity
cards issued by the contractor.
83.2 The Contractor shall ensure the compliance of this schedule by the sub-contractors, wherever
applicable.
83.3 THE RAILWAY shall not be in any way held responsible for any accident or damages
incurred and claims arising there-from during the period of erection, testing &
commissioning putting the plant into operation.
82.4 No Workmen shall be engaged on the work without proper safety induction and without using
required Personal Protective Equipment (PPE).
83.5 The Railway/Engineer reserve the right to issue directions regarding safety and such
directions shall immediately be implemented by the Contractor. Violations of any safety
regulation shall result in recovery from Contractor’s Bills as given below:
a) INR 10,000.00 for each case of not providing safety appliances and non compliance of
safety procedures.
b) INR 1, 00,000.00 for each case of death or permanent disability.
83.6 Non-issue / disqualification of the subsequent Tender document by the Railway for a period of
two years from the date of occurrence of any fatal accident. Repeated violation of safety
procedures may lead to termination of the Contract.
83.7 The Contractor’s supervisor must be present at the work spot as long as the work is being
continued. The worker shall never be left at site without being supervised by Contractors
supervisor. Working in the absence of contractor’s supervisors will attract levy of penalty.
83.8 For Other conditions governing safety refer Annexure – XIII & XIV
84.0 Personal conduct:
84.1 Entering the Railway premises while under the influence of alcohol/ narcotics or while in
possessing of weapons such as knives etc. is prohibited.
85.0 Report on accident:
85.1 All injuries sustained by Contractor’s personnel damages to vehicle and property no matter
how slight they are, shall be promptly reported to the safety department during normal
working hours and to the Duty Officer other than normal working hours and to the
prescribed statutory authorities.
86.0 Security Regulations:
86.1 The Contractor shall abide by all the security regulations of the Railway in force and
promulgated from time to time and other statutory requirements.
86.2 The Contractor shall arrange to obtain from the Railway the required gate pass for entry and exit
to the Railway’s Plant site and other protected areas for each one of his engineers/specialists,
representatives/ agents, supervisors, workmen and staff as per the Railway’s prescribed procedure
and format. In the event of loss and/or damage to the gate passes, the Contractor shall pay to the
Railway the prescribed penalty before a new entry and exit gate pass can be issued.
86.3 The Contractor shall register all equipment and all other materials, tools etc., that may be taken
inside the Plant area in order to facilitate the issue of exit gate permits for such items to be
taken out after the completion of Work.

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Tender No.

2.0 Scope of Supplies and Services

2.3 Maintenance spares, commissioning spares and consumables.

2.4 Concomitant Accessories

2.6 The scope also includes preparation of the following:

Main Equipment: Green to RAL 6018 with off white strips

24.0 Construction Power

29.0 Demonstration of Performance Guarantee tests

31.0 Total responsibility

32.0 Progress Report and Photographs

33.0 Contract Price

34.0 Price basis

35.0 TIME/ DELIVERY SCHEDULE

37.0 Liquidated Damages (LD)

38.0 Mobilization advance and Terms of Payment

39.1 Mobilization advance will be payable in 2 stages as indicated below –

Stage I 5% of Contract Value On signing of the contract agreement.

Stage II 5% of Contract Value On mobilization of site-establishment,

39.1.1 The above advance is subject to the following conditions:-

39.2.1 Incase of Supply of new M&Ps

B. 20% of the cost of M&Ps

39.3 Payment for erection and commissioning of all civil infrastructures

39.4 Payment for supply of electrical equipment including commissioning

39.5 Payment for supply of S&T/IT equipment including commissioning

39.8 Extension of time in contract allowed as per contract policy.

40.0 Pre-receipted invoice.

43.0 Due date of payment

44.0 Deduction from contract price.

47.0 Ref at 34.0.4 above.

49.0 General Insurance

50.0 Responsibility for Performance of Contract

51.0 Packing, Identification and Marking

52.0 Type, Quality of Materials and Workmanship

52.4 Refer Technical specification as per chapter VIIIA

53.0 Errors and Omissions

54.0 Inspection and Acceptance

54.1 Inspection and Tests at Contractor's Premises

54.2 Inspection of M&P items

ii) After supply to MCF:

e) If an assembly/sub-assembly requires to be taken back to the manufacturer's premises for

54.6 Preliminary Acceptance Test (PAT)Certificate

(v) Mandatory approval / certification of installations / licences for equipments(wherever

54.8 Final Acceptance Test Certificate (FAT)

55.4 Standards and Compliance with Laws & Regulations

57.0 Rejection of Defective Plant

58.0 If any assembly/subassembly requires to be taken back by the contractor for

60. Rescinding of contract

60.(1) Determination of Contract owing to Default of Contractor:

61.0 Force Majeure -

63.0 A. Warranty applicable to Schedule I

64.0 Rights of the Railway to Vary the Contract

64.4 Any change/modification required by the Railway/statutory authority to correct defective

69.1 The Contractor shall comply with the following:

69.2 Employees Provident Fund and Miscellaneous Provisions Act 1952

75.0 Communications With Contractor(s):Subject to and as otherwise provided in this contract,

76.0 Responsibility for Damage to Contractor’s Materials:

77.0 Performance Guarantee for M&P

78.0 Comprehensive Annual Maintenance Contract (CAMC)

S.No. Type of Preventive Periodicity Items to Items of Expected down

c) This AMC BG will be returned on successful completion of the CAMC period.

78.8 The CAMC contract shall be terminated in following ways:

79.2 Calculation of admissible payments:

79.3 Example Payment Calculation