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GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS
DIRECTORATE GENERAL ASSAM RIFLES : SHILLONG
FINANCIAL YEAR 2020-2021
INVITATION OF ONLINE BIDS FOR HIRING OF CIVIL HIRED TRANSPORT (CHT)
REQUEST FOR PROPOSAL (RFP) NO I.11016/Q/CHT-12/2020-21/12 DATED 09 APR 2020
1. On behalf of the President of India, Online Bidsunder Open Tender Enquiry following the Two Bid System are invited from prospective bidders for hiring of vehicleslisted in Chapter -I (Notice Inviting Tender)of this RFP.
2. The address and contact numbers for sending documents or seeking clarifications regarding this RFP are given below:-
(a) Bids/queries to be addressed to : Director General Assam Rifles, Shillong
(b) Address for depositing offline documents :HQ Director General Assam Rifles, Laitkor, Shillong, East Khashi Hills, Meghalaya - 793011
(c) Name/designation of the contact personnel :Commandant RR Sharma, Commandant Q Headquarters Director General Assam Rifles
(d) Telephone numbers of contact personnel : 03642705060
(e) E-mail ID of contact personnel : [email protected]
3. This RFP is divided into nine chapters as under: -
(a) Chapter I -Notice Inviting Tender (NIT). Contains sufficient details in brief for a prospective bidder.
(b) Chapter II - Instructions to the bidders. Contains General Information and Instructions for the bidders about the RFP such asthe time,place of submission and opening of tenders, validity period of tenders, etc.
(c) Chapter III -Eligibility and qualification criteria. Contains the eligibility and qualification criteria required by the prospective bidders to participate in this tender.
(d) Chapter IV -Schedule of requirements. Contains essential details of the items/services required.
(e) Chapter V -Technical Specifications and Quality Assurance. Contains Specifications and Technical Specifications, applicable to this RFP and which will also form part of the contract with the successful bidder.
(f) Chapter VI – General Conditions of Contract. Contains standard Conditions of RFP, which will form part of the Contract with the successful bidder.
(g) Chapter VII – Specific Conditions of Contract. Contains Special conditions applicable to this RFP and which will also form part of the Contract with the successful bidder.
(h) Chapter VIII – Price Schedule. (to be utilized by the bidders for quoting their prices). Contains evaluation criteria and format for price bids.
(j) Chapter IX – Standard formats. Contains standard formats to be utilized by the bidders and the buyers.
4. This RFP is being issued with no financial commitment and the Buyer reserves the rightto change or vary any part thereof at any stage. Buyer also reserves the right to withdraw the RFP, should it become necessary at any stage without giving any reason/clarification.Though this RFP is made deliberately considering all existing rules and regulations, however, incase of any dispute, guidelines /rulings etc issued from Central Government will prevail over this RFP.
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CHAPTER - I :NOTICE INVITING TENDER
1. The category of Light vehicles (AC/Non AC) alongwith approximate distance and number of trips required are given below:-
Ser Type of Veh From To Clause A/U Approx Type of No of Veh trips 1 Category A ARTC&S Local Duties One 4 hrs/ 40 km 150 Non AC Indica/Wagon R/Alto/ (Sukhovi, way/ 8 hrs/ 80 km 120 Hyundai Santro (All Dimapur & both way Non AC) or any other Diphu) Out Station 10 hrs/100 km 80 car in the same Duties 12 hrs/ 250 40 segment, if acceptable km to the contract Extra Per Km 500 operating Officer. Charge Per Hour 100 2 Category B ARTC&S Local Duties One 4 hrs/ 40 km 80 AC Indigo/Swift Dzire (All (Sukhovi, way/ (usage AC) or any other car Dimapur & both way 8 hrs/ 80 km 40 restricted in the same segment, Diphu) Out Station 10 hrs/100 km 20 to 50 km if acceptable to the Duties per day) contract operating 12 hrs/ 250 10 officer. km Extra Per Km 500 Charge Per Hour 100 3 Category C Innova/ ARTC&S Local Duties One 4 hrs/ 40 km 80 All AC Ciaz/ Honda City/ (Sukhovi, way/ Safari (All AC) or any Dimapur & both way 8 hrs/ 80 km 40 other car in the same Diphu) Out Station 10 hrs/100 km 20 segment, if acceptable Duties to the contract 12 hrs/ 250 10 operating officer. km Extra Per Km 500 Charge Per Hour 100
2. Approximate contract value : 16.30 lakh
3. Bid Security (Earnest Money Deposit) : 82,000/-
4. Performance Security : 10% of Contract Value
5. Website for downloading tender documents : www.eprocure.gov.in
6. Critical Dates. The critical dates with respect to this tender are as follows:-
Serial Activity Start Time and Date End Time and Date No (a) Publishing of tender by ------1800 hrs on 09 Apr 2020 (b) Document download 1800 hrs on 09 Apr 2020 1000 hrs on 30 Apr 2020 (c) Seek clarification 1800 hrs on 09 Apr 2020 1800 hrs on 24 Apr 2020 (d) Submission of online bids 1800 hrs on 09 Apr 2020 1000 hrs on 30 Apr 2020 (e) Submission of physical 0900 hrs on 01 May 2020 1000 hrs on 01 May 2020 documents (f) Technical Bid opening 1100 hrs on 01 May 2020 ------(g) Financial Bid opening After technical bid opening ------
Note : In case of any ambiguity in the NIT above and rest of the tender documents, the contents of the above NIT will be taken as final.
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CHAPTER II – INSTRUCTIONS TO THE BIDDERS
1. Last date and time for depositing the Bids. The online bids should be submitted as per timelines mentioned in the NIT. Tender forms for HQ Directorate General Assam Rifles are available online and are to be accessed at www.eprocure.gov.in
2. Manner of depositing the Bids. The tender documents shall be downloaded from the said website, filled up, signed and scanned copy of all requisite documents be uploaded alongwith the bid.The bids will be submitted online on Central Public Procurement Portal https://eprocure.gov.in and physical documents will be dropped in the tender box/sent by post to HQ DGAR by due date and time before tender opening. Bids of only those firms will be considered whose EMDand „Acceptance of All Terms and Conditions of RFP‟ have been received in the physical form and all other documents online. No late submission of documents will be accepted. The responsibility to ensure timely submission of online bids and physical documents lies with the Bidder. Documents required to be submitted online and in physical form are given in succeeding paragraghs.
3. Online Submission (Documents to be uploaded online). Online submission of documents will be done in two covers as under:-
(a) First Cover (Technical Bid). Scanned copy of following documents will be uploaded in one pdf file :-
(i) The complete tender documents should be downloaded and printed by the bidder, then signed, stamped and uploaded alongwith other documents as asked below in one pdf file.
(ii) Instrument of Earnest Money Deposit (as indicated in NIT).
(iii) Tender Notice Form 101 duly signed by the tenderer and affixedwith the firm‟s stamp and date giving out details of the postal address, e-mail ID, contact No etcalongwith photograph.The format for Tender Notice Form 101 is attached as Appendix.
(iv) Past experience certificate for providing Civil Hired Transport (CHT) issued by any Central/State Govt Organization/department to the tune of equal to or more than 75% of the value of the contract, executed by the firm in a single financial year in any of the preceding three financial years ending on 31 Mar of the concerned year. Relevant and authenticated documents supporting the same should be enclosed with the tender along with Past Performance Certificate else the tender is liable to be rejected.
(v) If the tenderer/bidder is a registered firm or a company under Company Act, such tenderer/ bidder must submit a certified true copy of the registration deed along with the tender (if applicable).
(vi) Self attestedPAN Card.
(vii) GST registration certificate clearly specifying the name of the firm/proprietor and GST registration number.
(viii) Income Tax Return of last three years.
(ix) Photocopy of latest Financial Stability Certificate (FSC) issued from any Scheduled Bank, preferably Nationalized Bank mentioning the approximate value upto which the tenderer is capable of undertaking the contract. Amount, up to which the bidder is capable should be at least up to 75% of the value of contract or more than that.
(x) The bidders should also submit details of existing contracts(s) and tender/participated for FY (2020-21) along with value (s) of the same as per format given under (To be self attested by the firm) :-
Details of Details of contract FSC Balance existing contract of FY applied for in FY 2020- submitted amt of 2020-21 21 for FSC (a) (b) (c) a+b-c=
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(xi) Average Annual Turnover of last three financial years duly audited by a CharteredAccountant. The average annual turnover should be at least up to 50% of the value of contract or more than that.
(xii) Latest Power of Attorney in original under oath by Oath Commissioner/First Class Magistrate or equivalent (if the tender is not signed by the actual tenderer or the tender is submitted on behalf of a firm) from the court.
(xiii) To enhance transparency in the account and avoid delays in Govt transaction, a core banking current account with any Nationalized Commercial Bank (only) will be reflected in the technical bid separately duly authenticated by the concerned Bank.
(xiv) Apart from all the above documents required to be submitted by the bidder, a certificate, certifying that the bidder/firm has never been blacklisted during contractual period of any contract is also required to be submitted by the bidder (Self attested by the firm).
(xv) Any other relevant documents, which the firm/ bidder wishes to submit.
(b) Second Cover (Commercial Bid). Will contain the enclosed schedule BoQ (Bill of Quantities). Vendor will download the enclosed BOQ and fill all the details in all relevant fields and upload the same. No modification to any field of the schedule (BOQ) or file is permissible. Any violation will render the bid invalid.
4. Physical Submission (Documents to be submitted in hard copy). Original instrument for payment of Earnest Money Deposit (EMD or Bid Security)in physical form will be dropped in the tender box or will be sent by post clearly mentioning the RFP Number on the envelope and EMD.
Note : When a tender is submitted by a firm, all the partners of the firm shall be required to sign the tender else power of attorney in favour of the signatory is required to be submitted along with the tender. A copy of partnership deed will also be submitted along with the tender duly attested (if applicable).
5. Time and Date for Opening of Bids. As per NIT.
6. Location of the Tender Box. Tender box will be placed at the Tender room of HQ DGAR. Postal address for sending the documents by post is as under :-
Commandant „Q‟ HQ DGAR, Laitkor East Khasi Hills, Shillong - 793010
7. Place of Opening of the Bids.
(a) The tender box for checking the physical documents will be opened at HQ DGAR at the prescribed date and time as per NIT.
(b) The bids will be opened online at the prescribed date and time as per NIT and can be viewed by the bidders by logging into the e-procurement site.
8. Two-Bid system. In case of the Two-Bid system, only the Technical Bid would be opened on the time and date mentioned above. Opening of the Commercial Bid will be done after acceptance of the Technical Bids. Commercial Bids of only those firms will be opened, whose Technical Bids are found compliant/suitable after Technical evaluation.
9. Clarification regarding contents of the RFP. A prospective bidder who requires clarification regarding the contents of the bidding documents shall be able to get the clarification between the prescribed time from Commandant „Q‟, HQ DGAR.
10. Modification and Withdrawal of Bids. A bidder may modify or withdraw his bid after submission as per the facility provided on the site (Central Public Procurement Portal) prior to the date and time prescribed for end of submission of bids. No bid shall be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and expiration of the period of bid validity specified. Withdrawal of a bid during this period will result in forfeiture of Earnest Money Deposit.
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11. Clarification regarding contents of the Bids. During evaluation and comparison of bids, the Buyer may, at its discretion, ask the bidder for clarification of his bid. The request for clarification will be given in writing/email and no change in prices or substance of the bid will be sought, offered or permitted. No post-bid clarification on the initiative of the bidder will be entertained. It is the responsibility of the bidder to ensure the correctness of the contents of the online bids.
12. Rejection of Bids. Canvassing by the bidder in any form, unsolicited letterand post-tender correction may invoke summary rejection with forfeiture of EMD. Non submission of required documents in physical form will lead to rejection of bids in technical bid opening. Conditional tenders will be rejected.
13. Validity of Bids. The bids should remain valid till 75 days from the last date of submission of bids.
14. Earnest Money Deposit. The bidders are required to drop/deposit the Bid Security (EMD) in the form of Account Payee Demand Draft, Fixed Deposit Receipt, Term Deposit Receipt, Banker‟s cheque or Bank Guarantee in favour of Establishment Officer, HQ DGAR (payable at Shillong) from any of the public sector banks or a private sector bank authorized to conduct government business as per format. EMD is to remain valid for a period of sixty days beyond the final bid validity period. The EMD must be dropped/deposited minimum 60 minutes before opening the technical bid in a sealed Tender Box placed in the Tender Room of Headquarters Directorate General of Assam Rifles. The Bid Security should remain valid for a period of forty-five days beyond the final bid validity period. The bidder will furnish all the information, as sought online, regarding Bid Security (EMD). In case of exemption of EMD, the copy of document in support of exemption will have to be submitted in the sealed tender box minimum 60 minutes prior to the opening of technical bid and scanned copy of ibid documents is also needed to be uploaded/ submitted by the bidder online along with the bid.
15. All bidders/ tenderers will submit tenders by uploading at www.eprocure.gov.in. All revisions, clarifications, corrigenda, addenda, amendments, time extensions etc, to the tender will be hosted on above mentioned website. Bidders should regularly visit the website to keep themselves updated.
16. The bidders will have to accept all the terms and conditions of the tender along with online undertaking in support of the authenticity of the declarations regarding the facts, figures, information and documents furnished by the bidder online. No conditional bid will be allowed/ accepted. If any information given by the bidder online or in any other manner is found to be false at any stage, the tender will be considered as invalid and the same will be liable to be rejected.
17. Original copy of all documents submitted with the tender should be kept ready for verification, if required by Headquarters Directorate General Assam Rifles. Department may also verify the documents submitted from the issuing authority concerned to confirm its correctness. In such circumstances where documents submitted by the tenderer are found to be forged/ false, action as deemed fit under the provision of the Government rules will be initiated against the defaulter and the tenderer will be black listed and debarred from participating in any tendering process or entering into any contract of Assam Rifles for a period of three years.
Notes (a) Full name, address, active and valid e-mail ID of tenderer, Phone/ Mobile No and status of the person signing the tender documents must be clearly mentioned in the tender, failing which the tender would be rejected.
(b) Tenderers should clearly indicate the name and place with full address along with Telephone/ Mobile/ Fax No/ e-mail address/ ID of their office (s) which will be used for communication/ correspondence. Department will not be responsible in any way for non receipt of any letters sent by the Directorate General Assam Rifles. Tenderers are liable for necessary legal action for furnishing wrong and incomplete address. Tenderers are also required to furnish complete address of their office.
(c) Representations/ observations if any, may be brought to the notice of the Board of Officers at the time of opening of tenders only and no representations shall be entertained thereafter. Any observation by any bidder/ party regarding tender opening shall be immediately brought to the notice of the tender opening authority. All representations shall be handed overin writing within 24 hours of the tender opening. Thereafter, no representations, irrespective of nature, shall be accepted/ entertained.
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(d) In the undertaking given by the bidder on-line, there will be provision for forfeiture of EMD and banning of the firm from participating in future tenders in Assam Rifles for the next three years, in case of submission of any wrong/false information/ document.
(e) Bank Guarantee furnished either as Earnest Money or Security Money will be subject to verification from the issuing bank.
(f) The earnest money of the successful tenderers will be refunded as soon as the security deposit has been furnished (unless it is used as part of security deposit). The earnest money in respect of unsuccessful tenderers will be refunded as soon as possible. If a tenderer modifies or withdraws his bid any time after opening of tender, the Earnest Money will be forfeited.
(g) If the successful tenderer refuses to enter into contract when awarded or fails to sign the deed of agreement within the stipulated date after depositing the required security deposit or having entered into contract fails to meet the contractual obligations during the currency of contract, the earnest money or security money deposited by him along with such tender or against such contract, as the case may be, shall be forfeited to the state and the tenderer/ contractor may also be debarred from tendering for any contract with Assam Rifles for a period of three years. If a tenderer so debarred under this clause has any other contract (s) running with the Assam Rifles, such contracts shall also be liable to be reviewed for appropriate action at the discretion of DGAR.
(h) Submission of more than one tender in respect of supplies under the same schedule/ contract quoting different rates by one and the same tenderer or firm shall disqualify a tenderer for appointment as contractor and all tenders of such tenderers shall be deemed to be automatically rejected.
(j) A tenderer who has quoted/ tendered is not allowed to quote/ tender on behalf of any other tenderer/ firm/ company either independently or as a power of attorney holder. In such cases both the tenders in question may be termed invalid.
CHAPTER – III :ELIGIBILITY AND QUALIFICATION CRITERIA
1. The eligibility and qualification criteria for the bidders to participate in the tender are as under:-
(a) The bidder should submit scanned copy of complete tender documents without any alteration or modification duly signed, stamped and dated by the bidder. (b) The bidder should submit EMD as asked in NIT. (c) The bidder should submit Tender Form 101 as per format attached duly filled alongwith the photograph. (d) The bidder should submit Past experience certificate as asked above. (e) The bidder should submit Self attested PAN Card. (f) The bidder should submit GST registration certificate. (g) The bidder should submit Income Tax Return of last three years. (h) The bidder should submit Financial Stability Certificate (FSC) as asked above. (j) The bidder should submit details of Existing contract as per format above. (k) The bidder should submit Average Annual Turnover as asked above. (l) The bidder should submit Non Blacklisting Certificate as per format attached. (m) Any other document asked in the RFP. (n) All supporting docus must be attested by Gazetted Officer/ Notary.
2. Prospective bidders fulfilling the above requirement are invited to participate in the tender.
CHAPTER – IV : SHEDULE OF REQUIREMENT
The schedule of requirement will be as per Chapter I (NIT) and BoQ of this tender.
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CHAPTER V - TECHNICAL SPECIFICATIONS AND QUALITY ASSURANCE
1. The vehicles(as applicable to each contract) provided under this contract should meet the criteria given below and in succeeding paragraphs:-
(a) Light vehicles. (i) Should have all documents required as per law. (ii) Should have seating capacity as per requirement. (iii) Vintage should not be more than 10 yrs. (iv) Should be mechanically fit and roadworthy which will be checked by Assam Rifles. (v) Should have soft and firm seats. (vi) Should be registered with RTO/DTO as carrier for commercial purpose. (vii) Should have valid route permit from the concerned authorities to run on the contracted route. (viii) Should have comprehensive insurance to cover compensation to the passengers. (ix) The pollution control documents should be updated. (x) The driver of the vehicle should have valid driving license and minimum 5years experience for driving vehicles. (xi) Every Car (AC or Non AC) provided will have modification for fixing star plate and flag rod.
Buses. (i) Should have all documents required as per law. (ii) The buses should be minimum 32 seater or as per NIT. (iii) The vintage of the buses should not be more than 10 yrs. (iv) Should be mechanically fit and roadworthy which will be checked by Assam Rifles. (v) The buses should have soft and firm seat. (vi) The buses should be registered with RTO/DTO as carrier for commercial purpose. (vii) The buses should have valid route permit from the concerned authorities to run on the contracted route. (viii) Should have comprehensive insurance to cover compensation to the passengers. (ix) The pollution control documents should be updated. (x) The driver of the vehicle should have valid driving license and minimum 10 years experiencefor driving passenger vehicles.
(b) Heavy Vehicles (Trucks 9/10/15/20 Ton). (i) Should have all documents required as per law. (ii) Length and width of the loading platform should be adequate and as per law. (iii) The vintage should not be more than 15 yrs. (iv) Should be mechanically fit and roadworthy which will be checked by Assam Rifles. (v) Should be registered with RTO/DTO as carrier for commercial purpose. (vi) Should have All India permit from the concerned authorities. (vii) Should have comprehensive insurance to cover compensation for the loads. (viii) The pollution control documents should be updated. (ix) The trucks should have adequate good quality tarpaulins to cover the goods being transported. (x) The driver of the vehicle should have valid driving license and minimum 10 years experience for driving heavy vehicles.
(c) Water Bowzers (Trucks 2/3/5/9/12 KL). (i) Should have all documents required as per law. (ii) Should have baffle plates in the compartment. (iii) The water compartment should be clean and rust free as this water will be used for drinking purpose also. (iv) The vintage should not be more than 15 yrs. (v) Should be mechanically fit and roadworthy which will be checked by Assam Rifles. (vi) Should be registered with RTO/DTO as water bowzer. (vii) Should have comprehensive insurance. (viii) The pollution control documents should be updated. (ix) The driver of the vehicle should have valid driving license and minimum 10 years experience for driving such vehicles. (x) Should have fitted pump for filling and decanting water from the bowzer.
2. All the above factors will be checked by the Contract Operating Officer before utilization of contracted vehicles upto his satisfaction and his decision shall be final and binding. 8
CHAPTER VI – GENERAL CONDITIONS OF CONTRACT
(STANDARD CONDITIONS OF RFP, WHICH WILL FORM PART OF THE CONTRACT WITH THE SUCCESSFUL BIDDER)
The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the Request for Proposal mentioned below which will automatically be considered as part of the Contract concluded with the successful Bidder (i.e Seller in the Contract) as selected by the Buyer. Failure to do so may result in rejection of the bid submitted by the Bidder.
1. Law. The contract shall be considered and made in accordance with the laws of the Republic of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of India.
2. Effective date of the Contract. The contract shall come into effect on the date of signatures of both the parties on the contract (effective date) and shall remain valid until the completion of the obligations of the parties under the contract. The deliveries and supplies and performance of the services shall commence from the effective date of the contract.
3. Arbitration. All disputes or differences arising out of or in connection with the contract shall be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to construction or performance, which cannot be settled amicably, may be resolved through arbitration. The standard format for clause of arbitration is as per Appendix attached.
4. Penalty for use of undue Influence. The seller undertakes that he has not given offered or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or inducement to any person in service of the buyer or otherwise in procuring the contracts or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the present contract or any other contract with the govt of India for showing or forbearing to show favour or disfavor to any person in relation to the present contract or any other contract with the govt of India. Any breach of the aforesaid undertaking by the seller or any one employed by him or acting on his behalf (whether with or without the knowledge of the seller) or the commission of any offer by the seller or anyone employed by him or acting on his behalf, as define in Chapter IX of the Indian Penal Code 1860 or the prevention of corruption Act 1986 or any other Act enacted for the prevention of corruption shall entitle the buyer to cancel the contract and all or any other contracts with the decision of the buyer or his nominee to the effect that a breach of the undertaking had been committed shall be final and binding on the seller. Giving or offering of any gift bribe or inducement or any attempt at any such act on behalf of the seller towards any officer/employee of the buyer or to any other person in a position to influence any contract, shall render the seller to such liability / penalty as the buyer may deem proper. Including but not limited to termination of the contract, imposition of penal damages forfeiture of the bank guarantee and refund of the amounts paid by the buyer.
5. Agents/Agency Commission. The Seller confirms and declares to the Buyer that the Seller is the original manufacturer of the stores/provider of the services referred to in this Contract and has not engaged any individual or firm, whatever Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the award of the contract to the seller, nor has any amount been paid, promised or intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way incorrect of if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm and paid or intended to pay any amount, gift, reward fees commission or consideration to such person, party, firm or institution whether before or after the signing of this contract, the seller will be liable to refund that amount to the buyer. The Seller will also be debarred from entering into any Supply Contract with the Government of India for a minimum period of five years. The Buyer will also have a right to consider cancellation of the contract either wholly or in part, without any entitlement or compensation to the seller who shall in such an event be liable to refund all payments made by the buyer in terms of the contract alongwith interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the right to recover any such amount form any contracts concluded earlier with the Government of India.
6. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as described in clauses relating to Agents/Agency commission and penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall provide necessary information/inspection of the relevant financial documents/information.
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7. Non-disclosure of Contract documents. Except with the written consent of the Buyer/Seller, other party shall not disclose the contract or any provisions, specification, plan, pattern, sample or information thereof to any third party.
8. Liquidated Damages. In the event of the seller‟s failure to submit the bonds, guarantees and documents, supply the stores/goods and conduct trials, installation of equipment, training etc as specified in this contract, the buyer may at his discretion withhold any payment until the completion of the contract. The buyer may also deduct from the seller as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed / undelivered stores/services mentioned above for every week of delay or part of a week subject to the maximum value of the liquidated damages being not higher than 10% of the value of delayed stores.
9. Termination of Contract. The buyer shall have the right to terminate this contract in part or in full in any of the following cases: -
(a) The delivery of the material is delayed for causes not attributable to force majeure after the scheduled date of delivery.
(b) The seller is declared bankrupt or become insolvent.
(c) The delivery of material is delayed due to causes of Force Majeure by more than one day provided Force Majeure clause is included in contract.
(d) The buyer has noticed that the seller has utilized the services of any Indian / foreign agent in getting this contract and paid any commission to such individual / company etc.
(e) As per decision of the Arbitration Tribunal.
10. Notices. Any notice required or permitted by the contract shall be written in English language and may be delivered personally or may be sent by mail or registered pre-paid mail/airmail, addressed to the last known address of the party to whom it is sent.
11. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or advantage of the present Contract or any part thereof.
12. Patents and other Industrial Property Rights. The prices stated in the present Contract shall be deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer against all claims from a third party at any time on account of the infringement of any or all the rights mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The Seller shall be responsible for the completion of the supplies including spares, tools, technical literature and training aggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of infringement of any or all the rights mentioned above.
13. Amendments. No provision of present Contract shall be changed or modified in any way (including this provision) either in whole or in part except by an instrument in writing made after the date of this Contract and signed on behalf of both the parties and which expressly states to amend the present Contract.
14.GST and TDS. The GST and TDS will be applicable on transportation service as per GST Act 2018 or any other Central/State Govt rules applicable.
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CHAPTER VII – SPECIFIC CONDITIONS OF CONTRACT
(THE BIDDER IS REQUIRED TO GIVE CONFIRMATION OF THEIR ACCEPTANCE OF SPECIAL CONDITIONS OF THE RFP MENTIONED BELOW WHICH WILL AUTOMATICALLY BE CONSIDERED AS PART OF THE CONTRACT CONCLUDED WITH THE SUCCESSFUL BIDDER (I.E. SERVICE PROVIDER IN THE CONTRACT) AS SELECTED BY THE BUYER. FAILURE TO DO SO MAY RESULT IN REJECTION OF BID SUBMITTED BY THE BIDDER.)
1. Performance Guarantee.
(a) The Bidder will be required to furnish a Performance Guarantee by way of Bank Guarantee through a public sector bank (only) authorized to conduct government business for a sum equal to 10% of the contract value within thirty days of receipt of the confirmed order or before the commencement of contract, whichever is earlier (or within such extended time as may at the sole description of the Govt be granted to the contractor by the contract sanctioning authority).
(b) Performance Bank Guarantee should be valid up to 60 days beyond the date of completion of contractual obligations. The deposit receipts should be made out in the name of Contract Operating Officer or any Other Officer nominated by HQ DGAR.The specimen format for PBG is given in Form DPM-15 attached to Part-IV of Special Conditions of RFP.
(c) The Officer sanctioning the contract has the right to invoke the performance security deposit in case of any breach of the contract by the Service Provider or by not delivering the services and /or stores by the due dates entrusted to him for transportation.
(d) The Service Provider will have to refund to the government any claim under the warranty clause and other claim(s) that may arise out or under this contract as soon as a demand to that effect is made by the contract sanctioning officer, failing which such claims will be recovered by adjustment against the performance security deposits. Should this sum be not sufficient to cover the full amount recoverable, the Service Provider shall pay the remaining balance due to the government on demand.
(e) The performance security deposit as per this contract can be adjusted by the Government if there is any claim whatsoever it has against the Service Provider relating to this contract or otherwise.
(f) Performance Security Deposit or any balance thereof remaining at the end of the contract shall not be returned to the Service Provider until their accounts have been finally audited and settled and until Service Provider has executed the usual “No Demand Certificate”.
(g) The performance security deposit will be refunded to the Service Provider only after the completion of the contract in all respect and on submission of “No Demand Certificate” obtainable from Contract Operating Officer by the Service Provider.
(h) In all cases, the performance security deposit must be pledged as directed by the Officer calling for tenders in accordance with existing regulations, and in such manner (to be decided by the officer sanctioning the contract) that the Government may realize the same without reference to the tenderer.
2. Tolerance Clause. To take care of any changes in the requirement during the period starting from issue of RFP till placement of the contract, Buyer reserves the right to 25% increase or decrease the quantity of the required goods/services upto that limit without any change in the terms and conditions and prices quoted by the seller. While awarding the contract, the quantity ordered can be increased or decreased by the buyer within this tolerance limit.
3. Payment Terms. It will be mandatory for the Bidders to indicate their bank account numbers and other relevant e-payment details so that payments could be made preferably through ECS/EFT mechanism wherever feasible or through cheques. A copy of the model mandate form prescribed by RBI to be submitted by Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD website and can be given on request).
4. Advance Payments. No advance payment (s) will be made.
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5. Risk & Expense Clause.
(a) The officer to whom transport services are to be delivered (in the contract referred to as the Contract Operating Officer, which expression shall include his duly authorized representative) may reject the transport, if in his opinion the transport provided does not meet the requisite standards as applicable.
(b) Service Provider shall not charge or be paid for transport rejected as per provisions contained herein, and such transport shall be removed by Service Provider at his own expense.
(c) Service Provider shall neither claim nor be entitled to payment for any damage that rejected transport may suffer or any other harm incidental to a full and proper examination and test of such transport.
(d) Government shall be under no liability whatsoever for rejected transport services and the same shall be at Service Provider‟s risk.
(e) Government shall, in the event of rejection of transport be entitled to demand replacement, at Service Provider‟s own cost of such transport of the quality required.
(f) In the event of:-
(i) Rejection of Transport, as described above, or on account of Service Provider‟s failing, declining, neglecting or delaying to comply with any demand or requisition or otherwise not executing the same in accordance with the terms of the contract, the officer operating the contract or his successor in office shall be at liberty (without prejudice to any other remedy the Government may have on account of any claim for compensation against loss and inconvenience caused by such breach or non-performance of the contract) to hire from any other source, at Service Provider‟s risk and expense, such services as may have been rejected or that Service Provider may have failed, declined, neglected or delayed to supply.
(ii) Extra expenditure on account of risk and expense purchase made by the Government as above, will be deducted out of payment due to Service Provider or from the performance security deposit as the case may be pertaining to the said contract. In the event of any dispute of reasonableness of the actual amount recovered from Service Provider it will only be resolved at Service Provider/buyer instance under arbitration / settlement of disputes clause in this contract.
(g) Buyer will also be at liberty, without prejudice to the right to recover extra expenditure incurred on account of risk purchase as a remedy for breach of contract to declare the contract as cancelled either wholly or to the extent of such default.
6. Force Majeure Clause.
(a) Neither party shall bear responsibility for the complete or partial non-performance of any of its obligations (except for failure to pay any sum which has become due on account of receipt of goods under the provisions of the present contract), if the non-performance results from such Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the present contract.
(b) In such circumstances the time stipulated for the performance of an obligation under the present contract is extended correspondingly for the period of time of action of these circumstances and their consequences.
(c) The party for which it becomes impossible to meet obligations under this contract due to Force Majeure conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances immediately, but in any case, not later than 10 (Ten) days from the moment of their beginning.
(d) Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or organization of the respective country shall be a sufficient proof of commencement and cessation of the above circumstances.
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7. Inspection Authority. The inspection of vehicles will be carried out by the Contract OperatingOfficer or his authorized representatives.
8. The vehicles provided under this contract shall be of good condition, specified standard and road worthy equal and answerable to the special conditions/agreement forming the part of this contract. I/We also agree that the civil vehicle will be provided by us as indented and demanded by the contract operating officer and shall be of the best condition according to qualitative requirement as the contract operating officer shall approve. All vehicles provided will have route permit from the concerned authority which will be checked by the Contract Operating Officer before placement of the vehicles.
9. The civil vehicles rendered will be subject to inspection by the contract operating officer/his authorized representative or user of the vehicles. Any civil vehicle rejected by either of the above authorities on this inspection before or during use of the vehicle will be replaced by me/us at once. If not replaced with an hour the contract-operating officer concerned may proceed to arrange the civil vehicle from any other source(s) at my/our risk and expense. Any transport arranged from any source shall be charged at local market rate prevailing at the time, as approved by authorities concerned. Time spent for replacement will not be calculated for payment.
10. In the event of any dispute of providing civil vehicles between Service Provider and the officer operating the contract regarding quantities/qualities of civil vehicles tender, decision of the HQ DGAR shall be final and binding on Service Provider.
11. Any restriction what so ever imposed by the local State Government on the civil transport will not absolve the Service Provider from the obligation for the contract and will not be accepted as an excuse for non-fulfilling the assigned task.
12. The civil vehicles provided as required under the contract include those for Army, Navy, Air Force, Para Military Forces, Central/State Government officials, civilians and Nationals of other countries for whose subsistence Government of India accepts responsibility and who happen to be or come into the area covered by the contract.
13. The Government shall have the right to hire vehicles from any Central Government aided/sponsored scheme from State Govt/Assam Rifles Units within or outside the area covered by this contract or State Government transport in lieu of CHTs (Civil Hired Transports) vehicles provided by Service Provider under this contract which are not found acceptable and Service Provider will have no claim against the Government as damages or compensation on account of rejected/unaccepted vehicles by the authorities concerned.
14. In the event of vehicle(s) arranged from other sources at risk and expense in accordance with the terms of the contract the amount of excess charges, if any, involved in having to meet the complete demand out of Civil Hired Transport, will be in addition to the amount recoverable from Service Provider, for making such arrangement and be charged from Service Provider.
15. The quantities shown in the NIT and Bill of Quantities are approx requirements. There is no guarantee that the requirement shall remain at this level throughout the period of contract/agreement. No claim for compensation what so ever shall be made by Service Provider or entertained by the Government on above/below the schedule quantities nor request for ex-gratia payment will be made by Service Provider.
16. In the event of any restriction imposed by the State/Central Government on particular type of vehicle, such type of vehicles will not be provided by Service Provider and no compensation on that account will be preferred by Service Provider against the Government.
17. The Service Provider will employ reliable agent holding power of attorney who will report to the officer operating the contract or his representatives to receive demands and tender CHT vehicles as well as to carry out all work connected with this contract on behalf of the Service Provider at the time and place stated by contract operating officer/officer authorized, if the contract is not handled by Service Provider personally.
18. All person(s) employed by Service Provider in handling the CHT vehicles under the contract shall be healthy and also clean in person and clothing. They will be subject to medical examination as and when desired by the authorities concerned, persons found to be medically unsuitable or intoxicated will be replaced by suitable man without undue delay and time spent for replacement will be borne by the contractor(s). If so, desired by the authorities such employees will undergo vaccination and inoculation failing which they will not be engaged or employed for handling CHTs under the contract.
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19. In the event of an agent employed by Service Provider for dealing in CHTs, Service Provider shall submit an affidavit to declare him as the authorized agent. Such agent may be approved by the Contract operating officer/Officer concerned. Agent(s) considered undesirable by the officer operating the contract would be replaced by Service Provider by suitable person(s) within a maximum period of three days and during this period of three days, Service Provider shall directly deal with Contract Operating Officer/Officer concerned and will always be available to take their requirements. Service Provider and the accredited agent will give full verifiable address and telephone number to the contract operating officer where Service Provider or agent can be contacted or the demand for the transport can be placed. If Service Provider or agent fail to turn up to take the demand for the transport, and in case of any change this will immediately be informed to the contract operating officer.
20. When providing CHT vehicles Service Provider or representative(s) will initial the Car dairy at the time of commencement of duty and obtain full signature of officer using the vehicles, and also obtain signature of the contract operating officer/his representative on the car dairy and relevant documents on completion of duty. Service Provider will accept the full signature of such representative as fully binding on Service Provider.
21. As long as there is no control order under which the maximum rate is fixed below the agreed rate, the government shall pay for the vehicle provided at the agreed rates and in the event of such control order be made and put in force the rate shall be maximum fixed under the control order in force at the time of supply of CHT.
22. All control/terminal charges/municipal dues/sale/service tax, royalty charges, octroi, toll tax or any other tax payment incl GST to any authorities in connection with vehicles or drivers will be paid by me/us (CHT firm/dealer). Payment of Service Tax and GST as applicable will be made by the contractor himself from whom vehicles are hired.
23. I/We clearly understand that I/We cannot claim to be issued with Petrol/Diesel/FOL either free or on payment from military sources for conveyance of officials as assigned under this contract. FOL required for this purpose will be arranged from civil sources under my/our own arrangement. In case of non-supply of FOL will not absolve me/us from my/our contractual obligations to fulfill the demand placed on me/us.
24. Option Clause. The contract will have an Option Clause, wherein the Buyer can exercise an option to procure an additional 25% of the original contracted quantity in accordance with the same terms & conditions of the present contract. This will be applicable within the currency of contract. The Bidder is to confirm the acceptance of the same for inclusion in the contract. It will be entirely the discretion of the Buyer to exercise this option or not.
25. Repeat Order Clause. The contract will have a Repeat order Clause, wherein the Buyer can order upto 25% quantity of the items under the present contract within six months from the date of supply/successful completion of this contract, the cost, terms & conditions remaining the same. The Bidder is to confirm acceptance of this clause. It will be entirely the discretion of the Buyer to place the Repeat order or not.
26. I/We understand that by signing/uploading the RFP/BoQ the bidder accepts the Option and Repeat order clause. The authority calling tenders is at liberty to conclude more than one contract for any type of vehicles in one station.
27. No waiting/halt charges will be paid to the contractors. The rates, which have been tendered and further finally notified in, Letter of Intent will only be paid to the contractor.
28. CHTs as and when required will be provided by Service Provider at any place within the area covered by the supply area as specified in the Bill of Quantities or place specified by contract operating officer, at such time and in such numbers as the officer operating the contract or his rep direct. All drivers/labours/helpers employed with a vehicle will be paid by me/us.
29. Provision of cover outer/tarpaulin so required to be with load carriers shall be my/our responsibility, no claim for damage or loss while the vehicle is on military duty will be accepted.
30. In the event of withdrawal (or reduction in the number) of troops and consequent of or reduction in demand, I/We shall not be entitled to any compensation.
31. In case the duty of the vehicles is cancelled (due to exigencies of service) on reaching the location, no charge will be paid to the contractor. 14
32. The officer sanctioning the contract or his successor or the officer officiating in his place as per the promulgation information orders may rescind the contract by notice to me/us in writing :-
(a) If the Service Provider assigns or sublets the contract without written approval or, if Service Provider attempts to do so.
(b) If Service Provider or any of his/her/their agents or servants shall :-
(i) be guilty of fraud in respect of the contract, or any other contract entered into by the Service Provider with Government; or
(ii) directly or indirectly give, promise or offer any bribe, gratuity, gift, loan, perquisite reward or advantage pecuniary or otherwise to any Officer or person in the employment of the Government in any way relating to such officer‟sor person‟s office or employment.
(c) If any such Officer or persons, mentioned in/sub paragraph (b) (ii) of this Para, become in any way directly or indirectly interested in the contract.
(d) If Service Provider declines, neglects, or delays to comply with any demand or requisition or in any other way fails to perform or observe any condition of the contract.
(e) If Service Provider or any of his/her/their partners become insolvent or apply for relief as an insolvent debtor or commence any insolvency proceedings or make any composition with creditors or attempt to do so or in the case of being a registered company, any order be duly made or any resolution be duly passed for the winding up of the company.
(f) If Service Provider fails to deposit the Performance Bank Guarantee.
(g) In case of such rescission, my/our security deposit (or such portion thereof as the Officers sanctioning the contract shall consider fit or adequate) shall stand forfeited and be absolutely at the disposal of Government, without prejudice to any other remedy action that the Government may have or take. If this contract be for supply at more than one station, its rescission under these conditions shall not be affected by the acceptance, meanwhile or subsequently, or supplies/services accepted or made at any station in ignorance of the rescission.
(h) In case of such rescission the Government shall be entitled to recover from me/us on demand any extra expense the Government may be put to in obtaining supplies/services hereby agreed to be supplied, from elsewhere in any manner mentioned in Clause 7(b) thereof, for the remainder of the period for which this contract was entered into, without prejudice to any other remedy the Government may have.
33. Notwithstanding anything hereinbefore contained and without prejudice hereto the officer operating the contract may or his successor in office may recover from me/us as compensation, such sums as he considers reasonable:-
(a) If any goods entrusted to me/us under the contract be lost, damage or depreciated unless such loss, damage or depreciation be due to the act of God or the enemies of the Government.
(b) If I/We fail to observe or perform any condition of the contract.
34. In case of any doubt on payment clause, the same will be paid by adopting payment rates which are most economical to the State.
Special Conditions Governing Provisions of Transport and Lifting of Defence Stores
35. In addition to the conditions contained in the agreement, the following special conditions shall apply to the agreement relating to provisions of transport for officials. These conditions where they differ from the conditions, contained in the agreement override the latter.
36. The Service Provider shall indemnify the Government against any claim action or demands relating to any accident or damage that may occur to any vehicles(s) and driver(s) employed under this agreement or to any person involved in such accident. In the event of any damage, loss or depreciation to any articles handed over under this agreement, occur owing to neglect or delay on contractors part, the contractor shall be liable to pay compensation to Government up to the value of stores so lost, damaged or depreciation and the compensation to be paid by the contractor shall be that of the competent financial authority based on the recommendations of the Court of Inquiry and 15
Commanders in chain. Further, with respect to delivery of vehicles/services from one station to the other the time taken for the same shall be in conjunction with the distance travelled on the basis of speed/KM ratio and type of terrain. Keeping in view any contingencies occurring enroute, like vehicle breaking down or roadblocks, it would be entirely binding upon the contractor to arrange for a relief. For this, in addition to the specified time three additional days may further be granted to complete the journey period, if contract operating authority feels appropriate. The procurement of vehicles shall be time bound and delay caused would be entirely at the cost of the contractor.
37. The Service Provider shall certify that the Service Provider has affected insurance to cover all the above benefits payable to those concerned and the Service Provider shall undertake to continue the insurance for the period that agreement is in force. The Service Provider shall undertake to produce evidence to the satisfaction of the sanctioning officer that the insurance company with which insurance has been effected has received notice(s) that the Government is interested in the policy of insurance.
38. The Service Provider will display “ON ASSAM RIFLES DUTY” board on the CHT vehicle only when hired by the Government.
39. In the event of outbreak of any kind of disease among contractor‟s men the contractor will not hold Govt responsible for any loss that may be incurred by him and he will not indemnify the Government against any claim, demand or compensation made by any third party for loss or damage arising from such outbreak.
40. All vehicles carrying defence personnel‟s and animals under this agreement will be exempted from payment of tolls. All issues related to payment of toll tax/any payment will be resolved by the contractor himself and contract operating officer will not be responsible in any such matter. Assam Rifles dogs will also travel in a vehicle hired for conveyance of troop‟s alongwith their handlers.
41. The Service Provider shall submit a certificate as under prior to commencement of the contract: -
(a) That all vehicles employed by under this agreement have been passed fit in all respects by the civil authorities concerned.
(b) That a valid route permit is held for each and every vehicle provided to the Government under this agreement.
(c) That all drivers and other staff employed are in possession of inner line permit/validated card issued by the civil administrative authorities.
42. Each vehicle while on duty under this agreement will carry the following :- (a) One serviceable spare wheel. (b) Necessary spares and tools for repairs. (c) Spare cans filled with oil and water.
Note :- Service Provider will not be permitted to carry any other stores except spare tyre, tubes, wheel, tools for repair and spare cans for diesel, oil and water.
43. Service Provider will ensure that vehicles are mechanically fit and in good condition and check the following before sending the vehicles on duty :-
(a) Wipers, light, indicators, horn and kilometer head are in working condition. (b) In case of officer of the rank of Brigadier and above the star plate as applicable and flag post is fitted on the vehicles. (c) Tyre pressure is accurate and tyres are in good condition. (d) There is no unwanted sound from Engine/Exhaust. (e) The turnout of driver ie. dress worn by the driver is neat and clean and not dirty and has proper uniform of the firm/association with “LOGO”. (f) There is adequate fuel in the fuel tank. (g) The driver is in possession of his driving license and other required documents of vehicle and mobile phone for communication especially in major stations. (h) Good condition of interior upholstery of the vehicle. (j) Vehicle has been certified fit by pollution control authority and is in possession of pollution check fitness certificate. (k) Functioning of brake and clutch is in order. (l) Good quality curtains will be provided in the windows of the bus.
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(m) The seats of the vehicle should be soft and firm. (n) Side pockets are required in bus for brief cases/small baggage. (o) First Aid box with medicines should be placed in vehicles(s). (p) All lights including beacon lights and indicators should be in working condition. (q) Vehicle should be in mechanically fit condition and there should not be any vibration/unnecessary sound. (r) Vehicle should be road worthy in all respect as assessed by the Contract Operating Officer/authorized officer.
44. In the case of any accident, the contractor or his representative will info the nearest Police Station. Court of Inquiry as in case of Govt vehicle will be conducted and the decision of the CFA (Competent Financial Authority) shall be binding and final.
45. Notwithstanding anything to the contrary mentioned in the agreement or special conditions above, any dispute or difference of opinion arising out of the operation of this agreement, the decision of the CFA and his successors in the office shall be final and binding.
46. Any expenditure incurred by the Government through Assam Rifles authorities in providing medical aid, repair, recovery and such other facilities which may not be readily available with civil authorities in remote and difficult areas would be recovered by transport hiring/operating officer from contractors bills or from the security money lodged with Assam Rifles or by any other means the Government deems fit to enforce recovery.
47. All persons/vehicles employed by the contractor in handling of contract, drivers and cleaners of vehicles under this contract shall be free from all security point of view, nothing outstanding against them from police department and properly scrutinized by the Police. They will be subject to verification from Police as and when desired by the contract operating officers and the person/vehicles found to be undesirable/unsuitable will be replaced by suitable men/vehicle without undue delay, if so desired by the contract operating officer.
48. Service Provider agrees and will be responsible, for any untoward happening like accident/death of drivers during duties and Service Provider will not claim any compensation from Government. No claim for compensation whatsoever shall be made by Service Provider.
49. The manner, etiquettes, conducts and behavior of the drivers should be sober, amicable and acceptable in the society. At no stage/reason the driver will be rude and retaliate/enter into an argument with the users.
50. Service Provider will be liable to perform the duties detailed by the contract operating officer/his representative, as and when detailed to any station within the country irrespective of the prevailing conditions in the station or enrouteeg natural calamities like flood, earthquake etc and during strike, civil disturbances/outbreak of hostilities. No additional compensation will be given.
51. Vehicles tendered will be registered/approved by the concerned RTO/RTA as commercial transport and all taxes paid on due date.
52. All vehicles tendered will have valid comprehensive insurance.
53. Service Provider will adhere to the time permissible to travel the distance on the specified route as per the instructions which will include routine halts, halts due to security reasons imposed by the Civil/Army/PMF authorities, convoy timing if any, enroute repair/maint/timing and so on to ensure the official(s)/stores reach the destination in time. However, if the vehicle is not able to reach the destination by the expected time of arrival the driver will get his copy of transport indent endorsed from Civil Police authority stating the reasons for delay.
54. In case of repeated lapses as per terms and conditions of the contract ie. five occasions in a month and/or 15 times during the period of the contract, the contractor may invite rescission of the contract.
55. In the event of breakdown of vehicles employed under this agreement (whether caused by mechanical defect or other reasons), Service Provider will replace them and arrange for replacement. If Service Provider fails to do so within one hour, the officer operating the contract will be at liberty to make suitable arrangements at Service Provider‟s risk and expense and such hiring will be intimated to the Service Provider after termination of duty through a written letter.
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56. Service Provider will be responsible for safe carriage of stores/luggage/personnel and will not divulge to any one the nature of duty, destination and other information connected with defence efforts.
57. Service Provider will not be permitted to carry any unauthorized person/luggage and stores in the vehicle once hired.
58. Service Provider shall provide all gear (including serviceable loading ropes and water proof sheets and tarpaulins) for use in inclement weather for the proper executing of the agreement and take all necessary precaution for proper loading and conveying of stores and being fully protected from loss or damaged due to water or fire or dust or shock or exposure to sun/damp moisture, as may be applicable to each of these categories. If there is any dispute as to what is necessary under this head, the same will be decided by the contract operating officer whose decision shall be final.
59. Service Provider has no objection to the increase/decrease of the demand of vehicle placed on the contractor by the contract operating officer, provided such changes are made 12 hours in advance. However, a demand placed earlier may be cancelled four hours in advance.
60. If Service Provider or representative or partner or any employee of Service Provider is found guilty or malpractice, such as bribery corruption, fraud, substitutions/adulteration of stores, interpolation, misbehaves with any Government official the penalties as mentioned under various clauses/as applicable will be imposed.
61. Service Provider shall carry all kinds of Government stores/equipment i.e. Supply/Ordnance/Engineers/Miscellaneous stores and FOL including Arms & explosive as agreed upon through the agreement or any other stores.
62. In case of any accident during the performance of the duty the cost of damage will be borne by the Service Provider. No compensation will be given by the Assam Rifles.
63. Any dispute as to the capacity of vehicles shall be determined by the officer sanctioning the contract or an officer acting on his behalf, whose decision shall be final.
64. Transport Indents and Orders. The following will be the procedure for indenting of transport and complying with transport indents:- (a) Normally 24 hours notice will be given for provision of a vehicle. (b) In cases of urgent military necessity, the transport may be demanded over the telephone. However, in such cases covering indents will be submitted by the indenting unit within eight hours.
65. Service Provider shall ensure that adequate arrangements are made at his expense for rations and bedding for Service Provider‟s drivers when they are on duty.
66. Service Provider agrees to pay/hire charges for the Government transport supplied, if any, to Service Provider on request in case of failure of transport services due to any cause(s), at the rates fixed by the Government in accordance with orders which may be current at the time the transport is hired. Service Provider clearly understands that the aforesaid clause does not in any way bind or oblige the Government to provide the Service Provider with the services. The decision of the contract operating officer in this matter will be final and binding on Service Provider.
67. Vehicles will neither be detained after loading nor will be diverted to any other duty other than authorized by the contract operating officer, and will proceed direct to their destinations.
68. Driver of a vehicle will be changed immediately by Service Provider, if so desired by the contract operating officer or officer using CHT vehicles.
69. Service Provider shall agree to pay Income Tax at source at prevailing rates as notified/revised from time to time by the Government of India, from bills at source as per CBPT circular number 681 dated 08 Mar 1998 where payment is more than Rs.10,000/- (Rupees ten thousand only) or as decided later on.
70. In the case of transports ordered for the conveyance of stores, ammunition or any other sensitive stores, Government employees or guards required/specified for the purpose will be carried free of charge on such vehicles. In addition, any working party or guard which may be required to accompany such transport for the purpose of loading or unloading these stores will be carried free of charges on such vehicles.
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71. Time and Kilometer of duty will commence and terminate at the parking area as specified by contract operating officer * No extra Km/time will be given for vehicle to report from garage or return.
72. Service Provider shall deliver the goods at the destination. In case the Service Provider is unable to do so due to accident/breakdown of vehicles or natural calamities, he will lodge a proper report to the nearest police station and also inform the contract operating officer without delivering the stores to the consignee due to any reasons, no payment would be allowed/made for this kind of abortive trip except due to natural calamities.
73. Legal heirs and partners of the firm shall be responsible to make good the loss/damage/depreciation caused to the Government stores by his/their employee at 100% more than the prevailing local market rates or payment issue rates whichever is higher alongwith the incidentals.
74. In case of any eventuality when the road is closed for any reasons after the vehicle has been loaded, it will report back to the contract operating officer and will not resort to unloading at private places and diversion of the vehicles to some other destination.
75. A representative of the Service Provider shall be allowed to supervise the loading/unloading at the loading/unloading installation, operating the contract and vehicles will be provided by the contractor as per the demand.
76. I/We Service Provider agrees that in any eventuality where the designated route becomes non- operational due to any natural calamity, Service Provider shall undertake delivery of stores on any alternative route as per rates fixed by the competent financial authority. In the event of inability to operate the contract on alternative route, Service Provider will be liable to furnish a No objection certificate for employment of any other agency at the discretion of the Government to undertake the operation of the contract.
77. Termination of Contract. Conditions that will lead termination of the contracts are as under :- (a) Sub-letting of the contract. (b) Not providing veh (s) as per category contracted.
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PART VIII – PRICE SCHEDULE
1. Evaluation of Technical Bids. A Technical Evaluation Committee (TEC), as constituted by the HQ DG AR, will examine, analyze and evaluate all the technical bids. This would be a paper evaluation comprising of scrutiny of all documents, technical literatures, certificates, compliance statements etc submitted by the bidders.
2. Commercial Bid/Cost Bid. Cost bid of only those tenders, which have been found valid after technical evaluation, will be opened by a board of officers. Date for opening of cost bids will be intimated to the bidders/ tenderers whose technical bid has been found valid. Intimation on this regard will be posted on the website.
3. Cost bid should contain following :-
(a) Commercial Bid forms given in a standard BoQ format (.xls/pdf file) provided with the tender document should only be used to fill up the commercial bid.
(b) Bidders are to note that submission of financial bids be done in the format provided and no other format is acceptable. Bidders are required to download the BoQ file, open it and complete the coloured (unprotected) cells with their respective financial quotes and other details viz, name of bidder etc. No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the file name. If the BoQ file template is found to be modified or tampered by the bidder, the bid will be considered invalid and liable to be rejected.
(c) The cost is to be indicated for each schedule (type of contract applied for) and it should be the landed cost of hiring the vehicles (in Kms), inclusive of all taxes and other charges (GST/Income Tax), as applicable. Conditional offers will be treated as vague and will not be accepted.
(d) Rates will not be indicated in the technical Bid and if indicated, then the tender will be considered invalid.
(e) If a firm quotes „Nil‟ charges, the bid shall be treated as unresponsive and will not be considered.
Evaluation of Commercial Bids.
4. The commercial bid uploaded by the bidders will be evaluated by a Board of Officers constituted by the Headquarters of Directorate General Assam Rifles.
5. On being evaluated by the board of officers, proceedings reflecting all rates quoted by the valid bidders will be put up to the Tender Purchase Committee for finalization of rates for conclusion of contracts.
6. Depending upon the acceptance of the final process by the Competent Financial Authority (CFA), acceptance letter will be given to the L1 bidder who has quoted the lowest rate.
7. L1 bidder will be bound to submit performance guarantee within the stipulated date and time.
8. L1 bidder should be present at this Directorate for signing the Deed of Agreement and complete other related formalities as per date and time given in the acceptance letter. The L1 bidder will be required to enter into the contract for supply/providing of vehicles/item, accept the indent for requirement of vehicles and execute the same as per terms and conditions in the Tender Enquiry/ Deed of Agreement.
9. Bank Guarantee furnished either as Earnest money or security money will be subject to verification from the issuing Bank.Specimen of EMD Bank Guarantee Form is given at Appendix „C‟
10. It will be upto the discretion of the CFA to accept the tender in whole or in part.
11. The L1 bidder will be decided based on the overall lowest value of tender (Basket Value) and NOT on the lowest rate quoted route wise/ item wise.
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Acceptance of Tender and Signing of Contract Deed.
12. Acceptance of tender of the successful tenderer will be intimated by a letter of acceptance of his tender by the Director General Assam Rifles. Till then, no tenderer has any right to assume that his tender has been accepted.
13. The successful tenderer will have to sign a deed of agreement at Directorate General Assam Rifles by the stipulated date from the date of intimation of acceptance of tender and must abide by the terms and conditions laid down in the tender notice and deed of agreement. If the successful tenderer fails to deposit the security money by the stipulated date mentioned in the formal communication of his tender being accepted, the offer of contract may be deemed to be revoked and earnest money forfeited. In addition to above, the contractor shall be liable to all or any of the following actions as may be decided by the Director General Assam Rifles :-
(a) To make good the loss caused to the government due to his inability, neglect in depositing the security money/ performance guarantee.
(b) Debarment from entering into contract with Assam Rifles for a period of three years.
14. The successful tenderer when appointed as “Contractor” will have to take the responsibility for providing of demanded/indented vehicles at the place and location of which demand/indent has been placed by the formations/units. No claims in any form and on any account for additional transportation charges if any, rejection of vehicles by contract operating officer, natural calamities, theft, inland permits, extortions etc will be entertained by the government.
Mode of Payment of Security Deposit/Release of Security Deposit.
15. A formal acceptance letter for the contract will be issued on production of security deposit receipt and signing of contract deed. The security money has to be deposited in favour of the Director General Assam Rifles as per the amount determined. Approved Contractor will have to furnish security deposit duly pledged in favour of the Director General Assam Rifles before execution of the Contract.
16. Ten percent of the total value of the contract calculated on the basis of approximate requirement will have to be deposited as security deposit. Whole amount fixed as security deposit will be deposited by the approved contractor in the form of Govt securities/FDR/Bank Guarantee from any nationalized (only) Commercial Bank recognized by Central/State Govt or RBI before signing of deed of agreement.
17. The security deposit should remain valid beyond 60 days from the date of completion of all contractual obligations (i.e. currency of contract). The security deposit furnished in form mentioned above will be released after successful completion of the contract and settlement of all accounts pertaining to this contract with the department.
18. Forfeiture of Earnest Money. The EMD of a tenderer will be forfeited, if the tenderer withdraws or amends its tender or impairs or derogates from the tender in any respect within the period validity of its tender. Further, if the successful tenderer fails to furnish the required performance security within the specific period, its EMD will be forfeited.
19. Penal Action for Non Compliance of Terms and Conditions of the Contract:-
(a) If the contractor willfully neglects or fails to perform or observe any conditions of the contract or attempts to cheat or indulge in unfair practices with the motive of making undue gains, the Director General Assam Rifles may impose a ban on future contracts by the Assam Rifles with that contractor.
(b) In case a contractor fails to comply with any supply order or indent placed by HQ DGAR or the Contract Operating Officer or to perform his part of the contract to the entire satisfaction of the department or to abide by any term of the contract he shall be liable to all or any of the following action as may be decided by the Director General Assam Rifles:-
(i) Forfeiture of Security deposit in whole or in part.
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(ii) To make good the loss caused to the government due to his inability, neglect or delay in compliance with any demand, by carrying out the hiring for the demanded item through any other contractor/firm at the Risk and Expense of the contractor and to recover the excess amount on any such hiring from the outstanding dues of the contractor, security deposit, or any other means.
(iii) Cancellation of the contract without any prior notice to the contractors.
(iv) Debarment from entering into contract with Assam Rifles for a period of three years.
(c) In the event of contractor‟s security deposit being reduced by means of forfeiture or on account of the recovery of excess payment on account of hiring at his Risk and Expense, the contractor, within 15 days from the date of intimation of the reduction, shall restore the security deposit to the original value failing which the Contract Operating Officer will recoup the amount involved from any sums due to him by the government or from any other assets of the contractor held with the Assam Rifles.
(d) All losses sustained by the government due to failure, omission or neglect of the contractor will be realized from his security deposit or any other sums which may be due to him from the Assam Rifles.
20. Successful tenderer shall have to provide vehicles as per indent placed by the contract operating officer either in writing or verbally/telephonically within 48 hours and will ensure that the vehicles provided is technically sound and in road worthy condition.
21. Fitness Of Vehicles. Vehicle (s) will be subject to mechanical fitness check by contract operating office or hirer authorized. Workshop of Assam Rifles as indicated by the indenting formation/unit commander and the report will be binding on the contractor who will be required to replace the defective vehicle (s) within reasonable time, keeping the requirement of transport in mind. Hiring authority is empowered to reject the vehicles when found unfit without any compensation. If the successful tenderer fails to replace the vehicle (s) within a reasonable time, a penalty at the rate of Rs 500/- per hours will be levied and recovered from the defaulting contractor till such time the vehicle is hired at his Risk & Expense or the vehicle is replaced by him, whichever is earlier.
22. Liquidated Damage. The contractor will have to place the vehicle (s) as indented by the Contract Operating Officer. The contractor has to place the vehicle (s) within the date and time stipulated in the indent, failing which penalty at the rate of Rs 500/- per hours per vehicle for Late Placement will be imposed and recovered from his bills till such time the vehicle is hired at his Risk and Expense or the vehicle is provided by him. The bill will be submitted on monthly basis to the contract operating officer. Bill for preceding month will be submitted within first week of next month failing which a penalty @ 0.5% per week and maximum of 10% will be levied and being recovered from the bill. This directorate also reserves the right and has discretion to exempt the penalty for late submission in case late submission is due to absolutely unavoidable circumstance and prior intimation in writing has been forwarded.
23. Token Liquidated Damages. Situation when charging of full Liquidated Damages may not be justified for situation beyond control of the supplier. In auth case, at the sole discretion of the hirer/ purchaser, Token Liquidated Damage up to 10% of the normal Liquidated Damage may be imposed by the Competent Financial Authority.
24. Risk & Expense. In case contractor fails to place the vehicles as demanded by the hiring agency within reasonable time keeping the requirement of transport in mind, the same will be hired from any other transporter/Govt agency at the prevailing market rates at the Risk and Expense of the contractor and extra expenditure incurred for the same will be recovered from the bills/Security money/any other dues of the defaulting contractor. In case vehicles of Assam Rifles are used, the penalty will be recovered from the contractor based on the rates fixed by this Headquarter.
25. Driver Requirement. It will also be ensured by the tenderers that drivers of the vehicles are in possession of valid driving license and adequately experienced and familiar with route for the vehicle (s) as ordered. Any driver found lacking will be rejected and the transporter will provide his replacement immediately. Sufficient money and spare parts of vehicles to meet expenses of fuel / lubricants and repair if required enroute will be carried by the driver or representative of the tenderer accompanying the vehicle.
26. The vehicles (s) will be hired on Km basis. No halt charge will be applicable.
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27. Rescission of Contract and Forfeiture of Security Deposit
(a) In case the Contractor fails to place the number of contracted vehicles within the stipulated period, the Director General Assam Rifles or the Contract Operating Officer will have the option to hire the short fall of the vehicle at the risk and expense of the contractor and excess expenditure so incurred on such purchase will be recoverable from the Contractor‟s outstanding bills with the department/security deposit against the Contractor.
(b) Notwithstanding any other clause of this tender notice, the Director General Assam Rifles may rescind the contract forthwith for any of the following reasons :-
(i) The contractor assigns the contract to any other party.
(ii) The contractor or his representatives or servants are found to be guilty of fraud in respect of the contract or any other contract entered into with the government.
(iii) The contractor declines, neglects or delays to comply with any indent placed by the Contract Operating Officer or in any other way fails to perform or observe any condition of the contract.
(c) In case of such rescission the security deposit whether in part or in full, as may be decided by the Director General Assam Rifles shall stand forfeited to the government without prejudice to any other action that the government may take. Where the contract is for placing vehicle at more than one places as mentioned in the schedule.
28. Period of Contract. The contract when awarded will remain operative for one year or up to 31 March whichever is earlier. In the interest of state economy or administrative necessity, the Director General Assam Rifles may extend the operation of contract till 30 June and in that case the contractor will be bound to provide the contracted vehicle at the same contracted rates and under the same terms and conditions. Extension of contract beyond 30 Junemay be made only on mutual agreement between the contractor and the Director General Assam Rifles.
29. Rates once approved will remain applicable throughout the currency of the contract. The selected tenderer shall have no claim for compensation in case of price hike or any duty or taxes in respect of the contracted vehicle is increased during the currency of the contract or any fresh duty or taxes is imposed during the currency of the contract.
30. Verification of Character and Antecedents of the Contractor/ Authorised Agent. The appointed contractor and his accredited representative will be subject to verification of their character and antecedents and their contract will be liable to be cancelled at the discretion of the Director General Assam Rifles without assigning any cause, if any undesirable element comes to light as a result of such verification.
31. Cancellation/Termination of Contract. The contract may be terminated by the Director General Assam Rifles by giving one month notice in writing without assigning any reasons. The Contractor will have no right to terminate contract during the currency of the contract.
32. Payment. The bills will be prepared in triplicate in the name of Director General Assam Rifles, Shillong for the number of vehicles and will be submitted to the Contract Operating Officer/indenting/user unit by 7th day of next month. Submission of part bills for part placement of vehicle is also permissible. The payment will be made by core banking system for which the supplier has to mention his State Bank of India account number or any scheduled/Nationalised bank account on each bill. It is mandatory to mention GSTIN No on each bill. Please note - TDS as applicable will be deducted from the contractor’s bill as per guidelines issued on recovery of TDS from the bills.
33. Arbitration. Any dispute arising out of the contract at any time between the parties hereto touching or arising out of this agreement shall be referred to an Arbitrator to be nominated by the Director General Assam Rifles and the decision and award of such Arbitrator shall be final and binding upon both the parties hereto and the provision of the Indian Arbitration Act 1996 shall apply in the arbitration proceedings.
34. Any other information required by the tenderers may be obtained from Directorate General Assam Rifles, Laitkor, Shillong-793010 on any working day. Information is also available on www.eprocure.gov.in website. All disputes between the parties shall be subject to jurisdiction of High Court of Meghalaya (Shillong).
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CHAPTER IX - STANDARD FORMATS
(TO BE UTILISED BY THE PURCHASER AND THE BIDDERS)
1. Tender Form 101(Acceptance of All Terms and Conditions of the RFP) - Appendix „A‟ 2. EMD Bank Guarantee Format - Appendix „B‟ 3. Performance Bank Guarantee Format - Appendix „C‟ 4. ECS Mandate Form - Appendix „D‟ 5. Format of Arbitration Clause – Indigenous Private Bidders - Appendix „E‟ 6. Format for Deposition of Challan - Appendix „F‟ 7. Non- Black Listing Certificate - Appendix „G‟ 8. Tender Form 102 (Cost Bid) – Attached electronically as BoQ 9. Certificate of confirmation on rule 175 (1) (ii) of General Financial - Appendix „H‟ Rules-2017 and paragraph 5.1.4 (ix) of manual for procurement of good-2017
10. Certificate for abiding by code of integrity for Public Procurement vide - Appendix „J‟ rule 175 (1) of gfr-2017
Sd/- xx xx xx (R R Sharma) Commandant Commandant (Q) for and on behalf of the President of India
I.11016/Q/CHT-12/2020-21/12 Dated: 09 Apr 2020
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Appendix ‘A’
TENDER FORM 101
To, The Comdt „Q‟ HQ DGAR Shillong
SUB: ACCEPTANCE OF TERMS AND CONDITIONS OF REQUEST FOR PROPOSAL (RFP)
1. RFP Reference No ______.
2. Name of Tender :Provision of Civil Hired Transport
Sir,
1. I/We have downloaded the tender documents for the above mentioned 'Tender‟ as per Notice Inviting Tender (NIT) published by your HQ.
2. I/We hereby certify that I/We have read entire terms and conditions of the tender documents including all documents like Appendices, annexures, BoQ (Bill of Quantities, etc. which will form part of the contract agreement and I/We shall abide hereby with the terms/conditions/clause contained therein.
3. The corrigendum(s) issued from time to time by your department/organization too have also been taken into consideration, while submitting this acceptance letter.
4. I/We hereby unconditionally accept the tender conditions of abovementioned tender documents(s)/corrigendum(s) in its totality/entirety.
5. The documents as required will be submitted by us in physical form also as and when asked for verification.
7. In case any provisions of this tender are found violated, your department/organization shall be at liberty to reject this tender/bid including the forfeiture of the Earnest Money Deposit in full and absolutely and we shall not have any claim/right against department in satisfaction of this condition.
8. In response to above tender, I have submitted the EMD as per details below:-
Amount FDR/TDR No and Date of Name of bank Remarks (In Rs) date FDR/TDR
Yours faithfully Dated : 2020 (Signature of the Tenderer(s) with Office seal)
Complete Postal Address in Capital Letter Passport size photograph of …………………………………………… the signatory/ …………………………………………… …………………………………………… signatories PIN Code :……………………………… duly attested. Contact No : ………………………… e-mail address : ………………….
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Appendix ‘B’ EMD BANK GUARANTEE FORMAT
To, HQ DGAR Laitkor, Shillong
Whereas ______(hereinafter called the “Bidder”) has submitted their offer dated ______for the supply of ______(hereinafter called the (“Bid”) against the Buyer‟s Request for proposal No ______KNOW ALL MEN by these presents that WE ______of ______Having our registered office at ______are bound unto ______(hereinafter called the “Buyer”) in the sum of ______For which payment will and truly to be made to the said Buyer, the Bank binds itself, its successors and assigns by these presents.
Earnest money Rs ______/- (Rupees ______only) as fixed in the tender notice is hereby submitted as under :-
S/No Name of bank FDR/TDR No and Amount Remarks date (In Rs) (a) (b) Total
Sealed with the Common Seal of the said Bank this ______day of ______2020.
The conditions of obligations are :-
(1) If the Bidder withdraws or amends, impairs or derogates from the Bid in any respect within the period of validity of this tender.
(2) If the Bidder having been notified of the acceptance of his tender by the Buyer during the period of its validity.
(3) If the Bidder fails to furnish the Performance Security for the due performance of the contract.
(4) Fails or refuses to accept/ execute the contract.
I/We undertake to pay the Buyer/hirer up to the above amount upon receipt of its first written demand, without the hirer/Buyer having to substantiate its demand, provided that in its demand the hirer/Buyer will note that the amount claimed by it is due to it owing to the occurrence of one or both the two conditions, specifying the occurred conditions or conditions.
This guarantee will remain in force up to and including 45 days after the period of tender validity and any demand in respect thereof should reach the Bank not later than the above date.
______(Signature of the authorised officer of the Bank) Name and designation of the officer Seal, name & address of the Bank and address of the Branch
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Appendix ‘C’
PERFORMANCE BANK GUARANTEE FORMAT
From:
Bank ______
To,
The President of India Ministry of Defence, Government of India New Delhi
Dear Sir,
Whereas you have entered into a contract No.______dated______(hereinafter referred to as the said Contract) withM/s______, hereinafter referred to as the “seller” forsupply of goods as per Part-II of the said contract to the said seller and whereasthe Seller has undertaken to produce a bank guarantee for( % ) of total Contractvalue amounting to ______to secure its obligations to the President of India.We the ______bank hereby expressly, irrevocably and unreservedlyundertake and guarantee as principal obligors on behalf of the seller that, in theevent that the President of India declares to us that the goods have not beensupplied according to the Contractual obligations under the aforementionedcontract, we will pay you, on demand and without demur, all and any sum up to amaximum of ______Rupees ______only. Your written demandshall be conclusive evidence to us that such repayment is due under the terms ofthe said contract. We undertake to effect payment upon receipt of such written demand.
2. We shall not be discharged or released from this undertaking andguarantee by any arrangements, variations made between you and the Seller,indulgence to the Seller by you, or by any alterations in the obligations of theSeller or by any forbearance whether as to payment, time performance or otherwise.
3. In no case shall the amount of this guarantee be increased.
4. This guarantee shall remain valid for …… months from the date of JRIacceptance of test consignment in India or until all the store, spares anddocumentation have been supplied according to the contractual obligations underthe said contract.
5. Unless a demand or claim under this guarantee is made on us in writing oron before the aforesaid expiry date as provided in the above referred contract orunless this guarantee is extended by us, all your rights under this guarantee shallbe forfeited and we shall be discharged from the liabilities hereunder.
6. This guarantee shall be a continuing guarantee and shall not bedischarged by and change in the constitution of the Bank or in the constitution ofM/s______.
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Appendix – ‘D’
MODEL ECS MANDATE FORMAT
Customer‟s option to receive payments through e-Payment (ECS/ EFT/ DIRECTCREDIT/ RTGS/NEFT/ Other payment mechanism as approved by RBI.)
Credit Clearing Mechanism
1. Customer‟s name
2. Particulars of Bank Account –
(a) Bank name (b) Branch name (c) Address (d) Telephone numbers (e) IFS code (f) 9 Digit code number of Bank and Branch appearing on MICR cheque issued by Bank (g) Account Type (S.B. Account / Current Account or Cash) (h) Ledger number (j) Ledger Folio number (k) Account number as appearing on Cheque Book
3. Please attach a blank cancelled cheque, or, photocopy of a cheque orfront page of your savings bank passbook issued by your bank forverification of the above particulars.
4. Date of Effect “I, hereby, declare that the particulars given above are correct andcomplete. If the transaction isdelayed or not effected at all forreasons of incomplete or incorrect information, I would not hold theuser institution responsible. I have read the option invitation letterand agree to discharge the responsibility expected of me as aparticipant under scheme.”
(……………………………….) Date - Signature of Customer
Certified that the particulars furnished above are correct as per our records.
Bank‟s Stamp: (……………………………….) Date:
Signature of the Authorized Official from the Bank
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Appendix ‘E’
FORMAT OF ARBITRATION CLAUSE – INDIGENOUS PRIVATE BIDDERS
1. All disputes or differences arising out of or in connection with the present contract including the one connected with the validity of the present contract or any part thereof, should be settled by bilateral discussions.
2. Any dispute, disagreement of question arising out of or relating to this contract or relating to construction or performance (except as to any matter the decision or determination whereof is provided for by these conditions), which cannot be settled amicably, shall within sixty (60) days or such longer period as may be mutually agreed upon, from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, will be referred to a sole Arbitrator.
3. Within sixty (60) days of the receipt of the said notice, an arbitrator shall be nominated in writing by the authority agreed upon by the parties.
4. The sole Arbitrator shall have its seat in any place within India as may be mutually agreed to between the parties.
5. The arbitration proceedings shall be conducted under the Indian Arbitration and Conciliation Act, 1996 and the award of such Arbitration Tribunal shall be enforceable in Indian Courts only.
6. Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration including the fees and expenses shall be shared by the parties, unless otherwise awarded by the sole arbitrator.
7. The parties shall continue to perform their respective obligations under this contract during the pendency of the arbitration proceedings except in so far as such obligations are the subject matter of the said arbitration proceedings.
(Note :- In the event of the parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be appointed by each party and the case will be referred to the Indian Council of Arbitration (ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed by the parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall be equally shared by the buyer and seller).
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Appendix ‘F’
(See Rule 92) TR-6
Civil
------
Defence
------
Railway (Obverse) Challan No
------Treasury/Sub Treasury Challan of cash paid into ------Posts & Telegraphs State/Reserve Bank of India
To be filled in by the remitter To be filled in by thee Departmental Officer By whom Name (or Full particulars of the Amount Head of Accounts Order to tendered designation) remittance and/or account Officer by the Bank and address authority (if any) whom of the person adjustable on whose behalf money is paid HQ DGAR, 0055 PAO(AR) Laitkor, Police Shillong Shillong (Central) Assam Rifles
Total (In words) Rupees ………………….. only To be used only in the case of remittances to the Bank through Departmental Officer or the Treasury Officer
Treasurer Accountant Date Treasure Officer Agent or Manager
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Appendix ‘G’
NON BLACK LISTING CERTIFICATE
This is to certify that our/my firm/transport company ______has never been black listed during contractual period of any contract undertaken by this firm/ transport company for any Govt organization.
Date: 2020 (Signature of the Tenderer(s) with Office seal)
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Appendix ‘H’
CERTIFICATE OF CONFIRMATION ON RULE 175 (1) (ii) OF GENERAL FINANCIAL RULES- 2017 AND PARAGRAPH 5.1.4 (IX) OF MANUAL FOR PROCUREMENT OF GOODS-2017
1. It is hereby certified that as per Rule 175 (1) (ii) of General Financial Rules-2017 there are no „Conflicts of Interests‟ pertaining to this Firm/ Company/ Proprietorship/ Concern.
2. As per Para 5.1.4 of (ix) of Manual for Procurement of Goods 2017, it is certified that my/ our firm/ company/ proprietorship/ concern:-
(a) Do not have controlling partner(s) in common who are Participants/ Bidders in the Tender.
(b) Do not receive or have received any direct or indirect subsidy/ financial stake from any of these bidders.
(c) Do not have the same legal representative/ agent with other common bidders for purpose of this bid.
(d) Do not have relationship with each other, directly or through common third parties for this Tender.
(e) Have not participated in more than one bid of the Tender (Participation by a bidder in more than one bid will result in the disqualification of all bids in which the parties are involved. However, this does not limit the inclusion of the components/ sub-assembly/ assemblies from one bidding manufacturer in more than one bid).
(f) Have not quoted as agent/ agents in offshore procurements on behalf of their principal manufacturers, is/ are aware that one agent cannot represent two manufacturers or quote on their behalf in a particular tender enquiry. Is/ Are aware that one manufacturer can also authorise only one agent/ dealer and that there can be only one bid from the following:-
(i) The principal manufacturer directly or through one Indian Agent on his behalf.
(ii) Indian/ Foreign Agent on behalf of only one principal.
(g) Have not as Bidder or any of its affiliates participated as a Consultant in the preparation of the design or technical specifications of the said contract/ NIT that is the subject of this Bid/ Tender.
(h) As a holding company/ firm/ concern do not have more than one independently manufacturing units, or more than one unit having common business ownership/ management and have only one unit quoting the Bid. Declare proactively that such sister concern/ common business/ management unit in same/ similar line of business have not participated in the said Bid/ Tender.
3. It is fully understood that in case of the aforesaid information provided proved to be false or misleading, the contract if allotted is liable to be cancelled. In the event of contract already having been exceuted the balance payment be stopped till finalisation of the case and in the event of payment already been made, the Firm/ Concern is liable to be „Banned from Business‟ with Assam Rifles.
Place : (Signature & Stamp of Owner/ Date : Proprietor of the Firm/ Concern)
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Appendix ‘J’
CERTIFICATE FOR ABIDING BY CODE OF INTEGRITY FOR PUBLIC PROCUREMENT VIDE RULE 175 (1) OF GFR-2017
1. It is hereby certified that I/We Mr/Mrs/Ms ______(Full name of owner/ proprietor of Bidder Firm) on behalf of M/S______(Full Name and address of Firm) are bidding for this Tender duly adhering to the ‘Code of Integrity’ vide Rule 175 (1) of GFR- 2017.
2. The undermentioned aspects under „Code of Integrity‟ are hereby certified for non- indulgence in:-
(a) Making offers, solicitation towards bribes/ gratification, reward, gift or any material benefit either directly or indirectly in exchange for an unfair advantage in the procurement process or to otherwise influence the procurement process.
(b) Omission, or misrepresentation of facts that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation is avoided.
(c) Any sort of collusion, bid-rigging or anti-competitive behavior/ act that may impair transparency, fairness and progress of the procurement process.
(d) Improper use of information provided by the procuring entity to the bidders with an intent to gain unfair advantage in the procurement processs or even for personal gains.
(e) Any financial, material or business transactions (including un-official communication/ correspondence) between the bidder and any official of the procuring entity related to tender or executing the process of contract, which can affect the decision(s) of the procuring entity either directly or indirectly.
(f) Any coercion or threat to impair or harm, directly or indirectly any official or related party or its property to influence or affect the procurement process in any manner.
(g) Acts or attemps to obstruct or hinder any investigation or auditing of the procurement process during tendering stage or post supply order stage.
(h) Making false declarations/ disclaimers or providing false information for participation in a Tender process, or to secure a contract or to affect the participation of other prospective Bidders.
3. I/We make the following “Disclosure of Conflict of Interest” in accordance to Rule 5.1.4(ix) of Manual for Procurement of Goods and Services-2017:-
______
______
4. I/We make the following “Disclosure of any previous transgressions made in respect of provisions certified vide Para 2 (a) to (h) above with any entity in any country during the last three years or of being debarred/ blacklisted by any other Govt of India procuring agency:-
______
______
5. It is fully understood that in case of the aforesaid information provided proved to be false or misleading, I/We are liable to disqualification from the procurement process and the contract, if awarded, is liable to be cancelled. In the event of contract already having been exceuted, the balance payment be stopped till finalisation of the case and in the event of payment already been made, the Firm/ Concern is liable to be „Banned from Business by Blacklisting‟ and recovery of dues already paid with respect to the Contract.
Place : (Signature & Stamp of Owner/ Date : Proprietor of the Firm/ Concern)