Telecommunications Consultants India Ltd. (A Govt. of India Enterprise) Southern Regional Office No.20, Potters Street, Saidapet, Chennai 600 014 (India) RE-TENDER BID DOCUMENT FOR TELECOMMUNICATION WORK KANNUR PANAMBUR SECTION OF PALGHAT DIVISION OF SOUTHERN RAILWAY. Tender No: TCIL/01/021/258/II/2K14-SR Date : 26/11/2014 Section A.1 Section A.2 Section A.3 Section A.4 Section A.5 Notice Inviting Tenders Instructions to Bidders Brief Technical specifications/details of the work Special Conditions of Contract Bill of quantities containing schedule of items. Issued By : Telecommunications Consultants India Ltd. Southern Regional Office No.20, Potters Street Chennai 600 015. Tel :+91 (44) 24314223 /29 Fax: +91 (44) 24314224 Email: tcilchennai@bsnl.in visit us at http:/www.tcil-india.com BID DOCUMENT ISSUED TO : ISSEUD ON : SIGNATURE OF ISSUING AUTHORITY : 1
SECTION A. 1 (NIT) NOTICE INVITING RE-TENDER 1.1. Sealed tenders are invited from eligible and experienced bidders / firms / organizations / contractors for executing 6 Quad telecom cable, PIJF cable & small quantity of OFC cable and all other associated works in Kannur Panambur section of Palghat Division of Southern Railways. 1.2 Scope and Estimated cost of the work The tendered work involves trenching, laying of 6 Quad telecom cable, PIJF cable & small quantity of OFC cable, backfilling, jointing, termination and testing of OFC, 6 Quad & PIJF cable, etc., including installation & commissioning of way station equipments, Head Quarter control equipment with power supplies, emergency sockets etc., in SP/SSP/TSS/Adjacent sidings and adjacent block sections to provide communication and to clear induction zone in connection with electrification in Kannur Panambur section of Palghat Division of Southern Railways for the quantum of 40 Kms and for a total estimated value of approximately Rs.1.25 Cr. (Rupees One Crore Twenty Five Lakhs only). 1.3 Earnest Money Deposit (Bid Security) The Earnest Money Deposit (Bid Security) payable is Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousands only). 1.4 Cost of bid document Bid documents can be obtained on (non-refundable) payment of Rs.420/- (Rupees Four Hundred and Twenty only) (inclusive of VAT) by crossed Demand Draft issued by a scheduled Bank and drawn in favour of TCIL, Chennai and payable at Chennai. 1.5 Date for issue of bid document: Bid documents will be issued by Telecommunications Consultants India Ltd., Southern Regional office, No.20, Potters Street, Saidapet, Chennai 600 015, between 11.00 and 15.00 Hrs. on all days from 26.11.2014 to 02.12.2014 except Sundays and Holidays. The tender document shall not be sent by post. The tender document is neither transferable nor returnable. 1.6 Bid document from Website; Tenderer who wishes to download the tender document from TCIL s website http://www.tcil-india.com and use the same should download the complete bid document and use the same for submission. Those who are using the bid document downloaded from the website should also attach along with the completed bid document, the cost of tender document viz. Rs.420/- in the form of crossed DD drawn in favour of TCIL, Chennai from any scheduled bank. Bid documents downloaded form the website and submitted without the cost of tender document will be rejected. 2
1.7 Due for submission: Time and last date for submission of completed bids is upto 11.00. Hrs. on 03.12.2014 and the time for bid opening at 11.30hrs. on 03.12.2014. 1.8 Single bid system shall be adopted ie. Techno-Commercial Offer and Price Offer shall be put in a single cover and sealed with properly superscribed as follows: TELECOMMUNICATION WORK IN KANNUR PANAMBUR SECTION IN PALGHAT DIVISION OF SOUTHERN RAILWAYS. TENDER NO.TCIL/01/021/Re-Tender/258/II/2K14-SR NOT TO OPEN BEFORE 11.30 HRS. ON 03.12.2014 and addressed to The Senior Manager, TCIL (SR), No.20, POTTERS STREET, SAIDAPET, CHENNAI -600 015, so as to reach before the due date, ie. on before 11:00 Hrs., on 03.12.2014, by dropping the cover in the designated tender box kept in TCIL (SR) s office for this purpose. 1.9. For the bids submitted through post / courier the bidders should ensure that they are delivered before the due date at the above address. TCIL will not be responsible for any delay in transit. 1.10 Meaning of similar work: The execution of minimum one work should be of "Trenching, laying, splicing, testing & commissioning of Optical Fibre cable including installation of pig tails and termination box OR Trenching, laying jointing, splicing, testing and commissioning of Optical Fibre & 4/6 quad cable including installation of pig tails and termination box. 1.11 Eligibility Criteria: Work Experience:- Experience of having successfully completed similar works / supplies during the last 7 years ending last day of month previous to the one in which tenders are invited should be either of the following: a) Three similar works each completed in not more than the time period stipulated for the present tender and each costing not less than 40% of the estimated cost OR b) Two similar works each completed in not more than the time period stipulated for the present tender and each costing not less than 50% of the estimated cost OR c) One similar works completed in not more than the time period stipulated for the present tender and costing not less than 80% of the estimated cost. Total Contract amount received:- Average Annual Turnover during the last 3 years ending 31 st March of the previous Financial year should be atleast 50% of the estimated cost of tender. Financial Soundness: The Tenderer shall submit documents such as volume of work handled, turn over, balance sheet, certificate issued by Auditors etc. in support of financial capability to examine the overall financial soundness of tenderer. 3
1.12 Opening of tender In the first stage, the Techno-Commercial Offers shall be opened at 11:30 hrs., on 03.12.2014 in the presence of Tenderers or their authorized representatives who chose to be present at the time of tender opening. The Price Offers of only those bidders who qualify in the first stage shall be opened at 16:30 Hrs., on 3/12/2014 before the tenderers. Negotiation meeting shall be held on 4/12/2014 at 11:30 Hrs. SENIOR MANAGER (SR) // END OF SECTION - A.1 // 4
SECTION A. 2 INSTRUCTIONS TO BIDDERS 2.1 EARNEST MONEY DEPOSIT (EMD) The EMD prescribed is Rs.2,50,000/- (Rupees two lakhs fifty thousand only) which shall be paid in the form of DD from Nationalized / Scheduled bank drawn in favour of TCIL, and payable at Chennai or Bid Bond in the form of Bank Guarantee from Nationalized / Scheduled bank having its branch in Chennai & New Delhi and the same should be submitted along with the tender document. Any tenders received without EMD will be rejected summarily. The EMD of unsuccessful tenderer will be refunded in due course and after finalization of the award by TCIL. The EMD of the successful bidders shall be converted into part of Performance Guarantee. The EMD will not earn any interest. 2.2 BIDDERS ELIGIBILITY AND QUALIFICATIONS The bidder shall submit documentary evidence in the form of award letters, completion certificates, audited annual accounts statement, etc. in support of eligibility and qualification. Bid document without these supporting evidences will be liable to be rejected. 2.3 VALIDITY PERIOD OF BID Bid shall remain valid for 120 days after the date of Price bid opening. The bid valid for a shorter period shall be rejected as non-responsive. 2.4 SUBMISSION OF BID Sealed offer shall be submitted in a single envelope both techno-commercial offer and price offer together placed inside along with the following documents. a) Documentary evidence in support of eligibility criteria mentioned in clause 1.11 of Section A-1. b) EMD in the form of DD as per Clause 2.1 of Section A-2. c) Tender cost in case of downloading of the Tender. The cover should be sealed properly and superscribed as per instructions in Clause 1.8 of Section A-1 and should be addressed to; THE SENIOR MANGER (SR) TELECOMMUNICATIONS CONSULTANTS INDIA LTD. NO.20 POTTERS STREET SAIDAPET CHENNAI 600 015. 5
2.5 PRICE OFFER (BID PRICE) The price bid contains bill of quantities of SOR and Non-SOR items. The bidder has to quote the percentage rate (At par / plus / minus) for the SOR and Non-SOR items. Price quoted at any other place shall not be considered. The bidder shall give the total composite rate inclusive of all levies, taxes, packing, forwarding, freight, etc., in case of materials to be supplied by bidder and inclusive of taxes and levies in case of works to be executed. The contractor shall be responsible for transporting the materials to be supplied by TCIL / Railway Electrification, Chennai Project from the designated store depot(s) to the various work sites at their own cost. The cost of transportation is included in the standard schedule of rate and therefore no separate charge is payable on this account. The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. 2.6. COST OF BIDDING: Bidder shall bear all cost associated with the preparation and submission of bid. TCIL will no way responsible or liable for these costs regardless of the conduct and / or outcome of the bidding process. 2.7. The sealed tender should be dropped in the tender box kept in the office TCIL SR the tender box shall be sealed and closed at the stipulated dead line for submission ie.11:00 Hrs. on 03.12.2014 and will be opened at the stipulated time of opening, ie. 11.30 Hrs. on 03.12.2014. 2.8 VENUE OF TENDER OPENING Tenders will be opened in TCIL SR office Chennai in the presence of such bidders / representatives choose to be present. A maximum of two representatives for any bidder shall be permitted and authorized to attend the bid opening. 2.9 OPENING OF OFFER The bid shall be opened on the date fixed. If the date fixed for opening of bids is subsequently declared as holiday by the TCIL, the revised date of opening will be notified. However, in the absence of such notification, the bids will be opened in next working day, time and venue remaining unaltered. 6
2.11. EMD (BID security) The bid security paid as per Clause - 2.1 of Section A-2 shall be forfeited. a. If the bidder withdraws his bid during the period of bid validity specified in the bid document. b. If the bidder makes any modifications in the terms and conditions of the tender before acceptance of the tender. c. In case of a successful bidder, if the bidder fails to sign the agreement and to furnish Material Security within 7 days from the date of receipt of award. The EMD of the unsuccessful bidders shall be refund after finalization of the bid. 2.12 EVALUATION OF TENDERS 2.12.1. TCIL shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise by checking whether they are complete whether they are fully qualified and whether required securities / documents have been furnished. 2.12.2. Arithmetical error shall be rectified on the following basis :- In case of discrepancy between words and figures, the amount in words shall prevail. 2.12.3. A bid determined as substantially non-responsive shall be rejected by the TCIL. 2.12.4. The TCIL may waive any minor infirmity or non-conformity or irregularity in the bid which does not constitute a material deviation. 212.5 The TCIL shall evaluate in detail and compare the bids which are substantially responsive. 2.12.6 The evaluation of the ranking shall be carried out on the final price offered inclusive of all taxes, except Service Tax.. 2.12.7 The distribution of tendered quantity amongst the technically and commercially complied bidders shall be based on their ranking / merits in each case. 2.12.8 TCIL shall have the sole discretion in deciding the number of parties on whom the orders shall be finally placed. 2.13. AWARD OF CONTRACT: TCIL shall consider award of contract only to those eligible bidder (s) whose offer have been found technically commercially and financially acceptable. 2.14 TCIL S RIGHT TO VARY QUANTITIES The TCIL at the time of award of work under this contract reserves the right to decrease or increase the work (total) by upto 25% without any change in rate or other terms and conditions. 7
2.15 ISSUE OF LETTER OF INTENT The issue of Letter of Intent shall constitute the intention of the TCIL to place the Work Order with the successful bidder(s). 2.15 The bidder/ bidders shall within 5 days of issue of Letter of Intent convey his / their acceptance and enter into an Agreement with TCIL. // END OF SECTION - A.2 // 8
SECTION A. 3 BEIRF TECHNICAL SPECIFICATION / DETAILS OF THE WORK 3.1 SCOPE OF WORK: The bill of item listed in the Price Schedule of the tender documents fully describe the nature and specification of each type of work to be executed by the bidder. 3.2 REQUIREMENTS OF RAILWAY ELECTRIFICTION, CHENNAI PROJECT. The work has to be executed by the contractor in a workman like manner strictly according to specification and other technical and procedural requirements of Railway Electrification, Chennai Project under the supervision of TCIL. On site instruction of TCIL / Railway Electrification should be fully complied with, implemented and executed by the contractor without any omission or commission. Full specification and requirement of the work can be had from TCIL by the successful bidder (Contractor) from time to time at the time of execution. 3.3. MATERIAL SUPPLY: Except the Railways supplies all other materials required for completing the work fully, are to be arranged and supplied by the contractor as a part of the contract. 3.4 MEASUREMENT, INSPECTION AND ACCEPTANCE TESTING: 3.4.1. The measurement of work which will include measurement of depth of trenches, measurement of lengths and profile of strata, measurement of length of cable and measurement of other items shall be done activity wise as and when the items are ready for measurement and recorded. 3.4.2. Contractor shall sign all the measurements recorded in the measurement sheet and the payment will be according to these measurements. 3.4.3. The contractor shall provide all the arrangements required for measuring the recording the measurements. 3.4.4. The work shall be deemed to have been completed only after the same has been accepted by TCIL as well as Acceptance Testing team of Railway Electrification Chennai Project. Any defect noticed or any omissions pointed out by A/T shall be rectified by the contractor and made good and shall be got cleared by A/T by reoffering at no extra cost. 3.5.1 SPECIFICATION 3.5.1. The contractors is responsible for the complete inspection in the section right from marking till installation of all associated equipments followed by acceptance by A/T team and commissioning and handing over. 3.5.2. TCIL or its representatives or ultimate client shall have the right to inspect and test the works for their conformity to the specifications. Any omission or defect or commission pointed out by the inspection authority and marked for rectification should be attended to immediately by the bidder. 9
3.5.3. If any material / work before it is taken over is found defective or fails to fulfill the requirements of the contract, TCIL shall give the contractor a notice setting forth details of such defects or failures and the Contractor shall make the material good or get the work redone to make it comply with the requirements of the contract and in any case within a period not exceeding 15 days of the initial report. These replacements / reworking shall be made by the Contractor, free of the all charges and at the site(s). // END OF SECTION - A.3 // 10
SECTION A. 4 SPECIAL CONDITIONS TO BIDDERS 4.1 TIME LIMIT: The time allotted for completion of the work is 9 months from the date of Award. The work award to be issued to the contractor (s) will include all items of work to be executed on turnkey basis and shall contain the time limit for completion of work in all respects. Time is the essence of the contract and the time allowed for carrying out the work shall be strictly adhered to by the contractor. The contractor shall plan and execute the activity in such a manner so that not only the work is completed within the time limit but also the daily / weekly progress are in proportion to and commensurate with the time allotted for completing the work. Normally no extension of time shall be granted. However, under extreme condition and in view of the competent authority if there are reasonable and sufficient grounds for granting such extension, such extension can be granted on specific requests from contractor and such extension shall be with LD charges as per Clause No.4.9 dealing with penalty for delay and on the condition that the rates, terms and conditions of the contract would in no way get modified due to such extension (s). If the competent authority is of the opinion that the grounds shown by the contactor is not reasonable and sufficient and decline to grant extension of time fully or partly the contractor cannot challenge the soundness of the such decision. The decision of competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contactor. 4.2 SINGING OF AGREEMENT The contractor(s) shall sign an agreement with TCIL immediately within 7 days from the date of Letter of Intent. The tender document shall also form part of such agreement. Failure to sign such agreement within the stipulated period will be construed as violation of tender conditions and EMD will be forfeited. All Correspondence between TCIL and the Contractor shall be in English. 4.3 COMMENCEMENT The work should be commenced by the contractor immediately on issue of work order. TCIL reserves the right to cancel the contract and forfeit the SD (EMD) if the contactor fails to commence the work within 7days after issue of work order. 4.4 SUBCONTRACT: The contractor shall not assign or sub-contact or sublet the whole or any part of the work under any circumstances. 11
4.5 SECURITY 4.5.1. MATERIAL SECURITY: The contractor shall provide Bank Guarantee valid for six months beyond the period of contract from any Scheduled bank for 5% of the awarded work value in favour of TCIL towards material security for the materials being issued by TCIL for this work. The proceeds of Material Security of the Bank Guarantee shall be payable to TCIL towards compensation for any loss / damage resulting from the contractor s failure to safeguard / handle properly the materials issued to him under this contract. The material security shall be released after payment of final bills and also settlement of final material accounts duly reconciled. The decision of TCIL in case of loss, damage, etc., shall be final and binding on the contractor. 4.5.2 PERFORMANCE SECURITY: The contactor shall permit TCIL at the time of making any payment to the contactor for the work done under the contract to deduct 10% of the running bills in additional to any other statutory recoveries and retain this 10% amount as a part of performance security. 4.5.3 The proceeds of the Performance Security shall be payable to the TCIL as compensation for any loss resulting from the Contractor s failure to complete its obligations under the contract, poor workmanship, failure / defects noticed during the warranty period, etc. 4.5.4 The Performance Security shall be refunded after the expiry of warranty period for the last work executed provided there are no complaints / defect notice / recoveries to be made arising out of non-compliance of contractual obligation, poor quality of work, defect in the materials, etc. 4.5.5 No interest shall be paid for the withheld performance security amount to the contractor by TCIL 4.6 WARRANTY 4.6.1 The warranty period prescribed in the contract is 12 months from the date of completion and taking over after due successful inspection of the last work. The Bidder shall give warranty that the works executed by him shall be free from all defects and faults in material, workmanship, and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The Contractor shall be responsible for any defects that may develop under the conditions provided by the Contractor and under proper use, arising from faulty materials or poor workmanship, etc., and shall remedy such defects at his own cost when called upon to do so by the TCIL who shall state in writing in what respect goods are faulty / works are defective. The warranty shall survive inspection or payment for, and acceptance of goods / works, but shall expire except in respect of complaints notified prior to such date 12 months after the works have been taken over. 4.6.2 Replacement / Repair under warranty clause shall be made by the Bidder free of all charges at site including all other incidental charges. 12
4.7 INSURANCE TCIL will be arranging a insurance both for materials and for erection for which proportionate insurance premium would be deducted from the bills of the contractor. In case of any loss or damage, the amount will be recovered by TCIL from the contractor s bill. However, in case of insurance claim the contractor shall be fully responsible to facilitate TCIL to lodge such insurance claim in time by arranging necessary FIR, insurance survey, etc. The compensation extended by the insurance company will be passed on to the contractor to the extent applicable. However, no direct compensation will be offered by TCIL against any insurance claim. The decision of in the insurance company for any insurance claim will be final and binding of the contractors. The Contractor shall have a Workmen compensation Insurance covering the labourers to be engaged by him for executing the work. 4.8 PAYMENT TERMS: The payment will be purely made on back to back basis. TCIL is entitled to recover, i. Performance Security as per Clause No.4.3.2. of Section. A-4 ii. Statutory TDS as per Govt. of India rules like Income tax and work contract tax. iii. Proportionate insurance premium against insurance arranged by TCIL. iv. Postage and other miscellaneous CHARGES IF ANY Any other recoveries identified due to damage to thirty party installations and any recovery made by Railway Electrification, Chennai project from TCIL where such recoveries were due to omissions / commissions of the contractor. Any recovery from TCIL by Railway Electrification, Chennai project by way of penalty for damages loss, theft, and delay in execution will be in turn fully recovered from the contractor. The contractor shall prepare the bills after completing the work in triplicate and shall submit them in complete with all measurements sheet and other required documents. TCIL will arrange to make the payment to the contractor on receipt of payment from Railway Electrification, Chennai project within 30 days of receipt of payment, provided the bills submitted by the contractor are free from any defect and are accompanied by necessary measurement, certificate etc. 13
4.9 LIQUIDATED DAMAGES 4.9.1 Liquidated Damages shall be charged @ 2% per week or part thereof (rounded off to the nearest whole number) of the total value of the contract for the actual delay occasioned beyond the appointed time by which the work shall have been completed under the contract. The total value of deduction on account of above shall be limited to maximum of 10% of the total contract value. 4.9.2 The TCIL also reserves the right to cancel the order in cases of delay and forfeit the Security Bank Guarantee / EMD. 4.9.3 Incase of slow progress of the work in a section / sections and interest of work done not permit extension of time for completion. TCIL will have the full right to order that the scope of contractor may be restricted to such fraction or whole of the work and get the balance executed at the risk and cost of the contractor by any other agency 4.9.4. In case the Bidder fails to execute the work against the work order, the work shall be got executed by TCIL through some other agencies at the cost and risk of the Contractor and excess money if any will be recovered from any dues of the Contractor. 4.9.5 LD can be recovered from any dues of the Contractor. 4.10 TERMINATION FOR DEFAULT 4.10.1 The TCIL, may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Bidder, terminate this contract in whole or in part. a) if the Bidder fails to complete the work in full or part within the time period (s) specified in the contract, or any extension thereof granted by the TCIL. b) if the Bidder fails to perform any other obligation(s) under the contract; and c) if the Bidder, in either of the above circumstances, does not remedy his failure within a period of 7 days (or such longer period as TCIL may authorize in writing) after receipt of the default notice from the TCIL. d) In the event TCIL terminates the contract in whole or in part pursuant to above clause TCIL may procure, upon such terms and in such manner as it deems appropriate, goods / works similar to those undelivered and the Contractor shall be liable to the TCIL for any excess cost for such similar goods. However, the Contractor shall continue the performance of the contract to the extent not terminated. 4.11 TERMINATION FOR INSOLVENCY The TCIL may at any time terminate the Contract by giving written notice to the Contractor without compensation to the Contractor if the Contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the TCIL. 14
4.12 MODEL RULES The Contractor shall comply with fully all the regulations and rules of the Contract Labour Act, 1970. The Contractor shall also during the progress of works comply at his own expense all the Model Rules for labour welfare framed by Government or other local bodies from time to time for the protection of health and for making sanitary arrangements, etc, for workers employed directly or indirectly on the works and in the workers hutment area. The contractor shall also comply with Provident fund regulations, Employees State Insurance, etc. 4.13 APPLICABLE LAWS This contract shall be interpreted, construed and governed by the laws of the Republic of India and the parties hereby submit to the exclusive jurisdiction of the Court and to all Courts having jurisdiction in appeal therefrom. Any dispute in relation to the contract shall be submitted to the appropriate Court of the Republic of India for determination. The parties to the contract shall continue to fulfill their respective obligations under the contract during the currency of the contract pending the final decision of the Court. 4.14 SAFETY CODES The contractor shall at his own expense, arrange for all the safety provisions as per the CPWD Safety Code, the Electricity Act, Mines Act and Regulations, Rules and Orders framed there under and such other act as applicable. 4.15 CHILD LABOUR The Contractor shall not employ any labour under 18 years of age on the job. If female labour is engaged, the agency shall make necessary provisions at his own expense for the safeguarding and care of small children and keeping them clear of the site of operations. No children shall be permitted on the site. 4.16 FORCE MAJEURE If any time, during the continuance of this contract, the performance in whole or in part by either party under obligation as per this contract is prevented or delayed by reasons of any war or hostility, act of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strike, lockout or acts of God (hereinafter referred to eventuality ), provided notice of happening of any such eventuality is given by either party to the other within 21 days of the date of occurrence thereof, neither party shall by the reason of such an eventuality be entitled to terminate this contract nor shall either party have any claim or damages against the other in respect of such non-performance or delay in performance and deliveries under the contract. The contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist. In case of any dispute, the decision of CMD, TCIL, shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such eventuality for a period exceeding 60 days, either party may at its option, terminate the contract. Provided also that if the contract is terminated under this clause the TCIL shall be at liberty to take over from the Contractor at a price to be fixed by the TCIL, which shall be final, all unused, undamaged and acceptable materials, bought out components and other stores in the course of manufacture which may be in the possession of the Contractor at the time of such termination, or such portion thereof as TCIL may deem fit except such material, as the Contractor may, with the concurrence of the TCIL, elect to retain. 15
4.17 ARBITRATION 4.17.1 In the event of any dispute arising between TCIL and the CONTRACTOR in any matter covered by this contract or arising directly or indirectly there from or connected or concerned with the said contract in any manner of the implementation of any terms and conditions of the said contract, the matter shall be referred to the Chairman & Managing Director, TCIL who may himself act as sole arbitrator or may name as sole arbitrator an officer of TCIL notwithstanding the fact that such officer has been directly or indirectly associated with this contract and the provisions of the Indian Arbitration Conciliation Act, 1996 shall apply to such arbitration. The Contractor expressly agrees that the arbitration proceedings shall be held at New Delhi. The parties to the dispute shall equally share the cost of arbitration or as decided by the Arbitrator. 4.17.2 The proceedings of arbitration shall be in English language. 4.17.3 Pending final decision of dispute hereunder the Contractor shall proceed diligently with the performance of the order and in accordance with the TCIL s decision. 4.17.4 In case any Contractor wants to take the dispute to a court of law after arbitration award as aforesaid, it is clearly understood that only courts in Delhi shall have the Jurisdiction. // END OF SECTION - A.4 // 16