Fake information provided in pre-bid query by the Northern Railway Construction Organization

New Delhi : Fake information provided in pre-bid query for the tender of Northern Railway Construction Organization of new line from Mukerian to Talwara, consisting of earthwork, bridges, retaining wall RUBs, LHS, station building, residential quarters, track works and other allied works in C/W NLDM-TLR new BG rail link tender notice no. 74-W/1/1/217/WA/D/JAT dtd. 13.11.2019, approx cost Rs.418.48 crores, completion period 30
(Thirty) months, closing date 28.01.2020 upto 11.30 hrs.

Subject : Trees and Land Issue
Ref: Complaint/2019/17, dtd. 26.01.20

Pre-bid queries in connection with Mukerian-Talwara new line relating to trees and land issue and analysis is as under :

Clause 47.1 of special condition relating to site data and specifications at Page 61 is reproduced as under :-

41.7 Before the earthwork is started by the contractor the ground between the line where filling/excavation is to be done for embankments, cuttings and training works shall be cleared of all trees along with the roots, shrubs heavy grass, and under growth of every kind. None of the items of work mentioned in this para will entitle the contractor/s to any extra payment.

41.7.1 The trees in the тАЬprivate landтАЭ acquired by Railways shall be uprooted by the contractor at his own cost for which no payment shall be made. The uprooted trees shall be the property of the contractor.

41.7.1.1 All trees falling in the forest- reserved land will be cut by the respective forest department and nothing extra will be paid on the account.

41.7.1.2 All trees falling in the Govt. land handed over to Railways for construction purpose if any, and state govt. does not remove the trees from that land then these trees will be removed by the railway contractor. The uprooted tree will the property of railway contractor and nothing extra shall be paid for uprooting the trees and filling the craters.

41.7.1.3 In all cases bushes/heavy grass etc. have to be cut by the contractor and rates quoted for earthwork will be deemed to have taken in to account these elements.

41.7.1.4 No trees falling outside the toe of the bank /cutting shall be allowed to cut without the prior approval of engineer in charge and concerned authorities.

41.7.1.5 If roots are not uprooted by the state authorities, the same will be uprooted by the railway contractor at his own cost and roots will be the property of the railway contractor. The craters caused by uprooting of roots will be filled with proper procedure and nothing extra will be paid.

TREES ISSUE :

COMPLAINT is that the Railway officers is providing falsified information in reply to pre-bid queries to LARSEN & TOUBRO (Ref: NR/L&T/RBG/2019-20/001 dtd.29.11.19): as Trees are not to be cut by the contractor. But the Clause 47.1 of special conditions relating to site data and specifications at Page 61 has no such provisions.

The question arises in mind of a common man like me, why the railway authorities are providing falsified information to probable bidders.

The attempt to misguide the bidders which ultimately effect the fair competition between the bidders and ultimately results in loss to public money.

Complaint is that to take appropriate action against the officer who furnished false reply to pre-bid queries and issue a corrigendum to this effect.

LAND ACQUISITION ISSUE :

The reply to pre-bid queries on Status / scope of land acquisition by Railway is that out of total stretch land is available in 27 km. For balance stretch, land to be transferred from BBMB (Bhakra Beas Management Board).

In this regard tenderer/contractor is advised to plan their work keeping this aspect in consideration.

Bidders’ request is that to obtain a undertaking from concerned officers that if any Hindrance(s) is observed in stretch of 27 Km which is except land to be transferred from BBMB, the concerned officers will be personally and exclusively liable for consequences and claims arising out of these hindrances.

This requests raised by the bidders because the responsibility must be put on officers who are kept as custodian to public money and also drawing salaries from public exchequer and the compliances as requested above if not made will result in loss to public money in form of eliminated competition and litigations.