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(b) Ordinarily the lowest eligible tender may be accepted by the Railway unless
such acceptances would not be in the public interest. The acceptance or
rejection of any tender is left entirely to the discretion of the authority
empowered to deal with the matter and no explanation can be demanded
by any tenderer as to the cause of rejection of his tender.

10.2.8 Entering into Contracts: No contract shall be entered into unless authority
exists for commencement of the work. No authority shall enter into a contract
beyond its own powers of sanction.

10.2.9 Execution of Contract Documents

(a) The tenderer whose tender is accepted shall be required to appear at the
office of the concerned Chief Signal and Telecommunication Engineer/
Construction/Projects or Sr. Divisional Signal and Telecommunication
Engineer/Dy. Chief Signal and Telecommunication Engineer as the case
may be, in person or if a firm or corporation, a duly authorised representative
shall so appear, and execute the contract within stipulated time period.
Failure to do so shall constitute a breach of the agreement effected by the
acceptance of the tender in which case the earnest money accompanying
the tender may be forfeited.

(b) In the event of any tenderer, whose tender is accepted, refusing to execute
the contract documents the authority may determine that such Tenderer
has abandoned the contract and thereupon his tender and the acceptance
thereof shall be null and void and the earnest money accompanying the
tender shall be forfeited.

10.2.10 Form of Contract Documents

(a) Every contract shall be complete in respect of the documents it constitutes.

(b) The contract agreement required to be executed by the successful tenderer
shall be in the form prescribed by the Administration for the purpose. The
draft of the contract agreement shall be vetted by the Accounts Department.

10.2.11 Copies of Contract Documents

(a) Sufficient number of copies of the contract documents shall be available for
use in the offices of the Sr Divisional Signal and Telecommunication Engineer/
Dy. Chief Signal and Telecommunication Engineer and the SSE/JE (Signal)/
incharge. If materials are to be inspected by an agency other than the
consignee, a copy of the contract documents shall be supplied to the
inspecting agency also. No deviations in the contract documents shall be
permitted without the sanction of the competent authority.

(b) The executive Officers and incharge supervisor shall thoroughly study the
contract documents for works to be carried out and shall adhere to the
provisions contained therein.

Chapter 10: Contracts for Works Page 211 of 535