Forwarding Letter for Invitation of E-Tenders

Tender Document

Forwarding Letter for Invitation of e-tenders Sir/Madam,

1. Tenders are hereby invited on behalf of the purchaser members of the Association of State Road Transport Undertakings for the supply of Stores specified in the item schedule from accredited manufacturers only. 2. All the contracts entered pursuant to this invitation shall be governed by the Conditions of Tender and the General Conditions of Supply, apart from the conditions as may be agreed between the purchaser members and the successful tenderers. DeclarationsI & II, duly signed by the tenderer shall also govern the contracts. 3. A manufacturer who is in a position to quote for the supply of the stores specified or mentioned in the item schedule and on the terms and conditions prescribed in the Conditions of Tender and the General Conditions of Supply, may submit its quotations (on line in E-Bid) on or before the date and the time and in the manner hereunder prescribed. 4. No tender will be considered unless:- i) made and submitted (electronically) in the prescribed Tender Form, “Proforma A” ii) Declarations I & II duly executed by the tenderer participating in the tender, iii) accompanied by an undertaking in the Declaration Form III, in case the manufacturer/tenderer chooses to supply the stores through an appointed Sole-Selling Agent/ Sole Distributor for supply of the products to the STUs for the stores offered; iv) Accompanied by requisite EMD (Rs.10,000/Rs.6000/ as the case may be) crossed DD/Pay Order in favourof Executive Director, ASRTU, payable at New Delhi. 5. Any alternative or additional conditions will not be accepted normally. 6. Attention of the Tenderers is also specially drawn to Clause 11 of the General Conditions of Supply regarding payment of Secretarial Administrative Rebate to this Association on the supplies to be made to member STUs. It may further be noted that acceptance by the tenderers of all conditions contained in the Conditions of Tender and in the General Conditions of Supply and the rates and other conditions mentioned in the Tender Proforma A shall be complete once the Tender Form together with the Declaration aforementioned has been received in this office and any further separate acceptance of those conditions will not be necessary. 7. Any information given in the covering letter or elsewhere and otherwise than in Proforma A will not be taken into consideration and the tender will be decided on the basis of the terms and conditions and the information furnished in the Proforma A and the schedule to the tender only. Tenders not strictly complying with the above instructions are likely to be treated as invalid and may not be taken into consideration. 8. The Standing Committee (S&C) is not bound to accept the lowest or any tender and reserves to itself the right to accepting either the whole or any part of the tender or any portion of the quantity offered and the tenderer shall have to supply the same at the rates approved by the Standing Committee (S&C). 9. Eligible tenders received shall be opened on the scheduled opening date & time in the office of the Secretary, Standing Committee (S&C). The quotation received will be opened and basic rates together with Excise duty, Sales Tax and discounts of all tenderers whose tenders have been received shall be available in the home page of www.mytenderwizard.com/ASRTU of ASRTU E-tender website 10. The Standing Committee (S&C) shall be free to accept or reject any tender without assigning any reasons, amend any terms and conditions of the tender and its decision in the matter shall be final. No correspondence shall be entertained in this regard. 11. Any dispute arising between the ASRTU and any tenderer shall lie within the jurisdiction of courts within the NCT of Delhi.

Yours faithfully

Secretary Standing Committee (S&C)

Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) Information Regarding Contracts Established by ASRTU, New Delhi

1. ASRTU Association of State Road Transport Undertakings (ASRTU), an apex body representing the interest of 58 State Transport Undertakings (STUs) has its secretariat at New Delhi and functions through various Standing Committees constituted by its General Body, in furtherance of its objectives. The members S.T. Undertakings operate about 147000 buses. The fleet strength of all STUs is at Appendix-’A’. Spare parts procurement by these S.T. Undertakings to maintain their fleet amounts approximately Rs.800 Crores per annum. ASRTU is maintaining a Website at http://www.asrtu.org. At this site, one can access more information on ASRTU &e-tendering and CIRT activities, physical and financial performance of STUs for the past five years, items on Rate Contract and Names, Addresses and other important details of the rate contract holders and about their products. General Body of ASRTU elect expert members every year for a permanent Committee called Standing Committee (Supplies & Contracts) for deciding tenders. This Committee consists of the Chief Executives of all member undertakings and expert members in Engineering, Stores and Finance. It functions through its Secretariat headed by Director (Technical), who is ex-officio Secretary to the Committee. On behalf of member STUs, Secretary, Standing Committee (S&C) invites tenders for Auto Parts & other Accessories applicable for Tata & Leyland Passenger vehicles and also for other general items such as Paints, Tyre Retreading Material, Tyre, Tubes, and Flaps etc. The Standing Committee (S&C) meets periodically and decides on the bids received and establishes contracts for a period of two years or as a case may be. It also has a system of establishing contracts for longer period (6 years) with established original equipment suppliers/non O.E. suppliers as per the norms laid down. The Standing Committee (S&C) also constitutes different Sub-Committees as may be needed to facilitate its decision making such as Sub- Committee on Policies, Sub-Committee to formulate norms for award of special status of contracts etc. apart from certain other Sub-Committees. 2. Invitation of Tenders Tenders are invited according to a calendar for specific group of items once in two years for each group through advertisement in leading English/Hindi newspapers. The tender notice is also published in ‘Auto Guide’ and ‘Indian Trade Journal’. Tender notice is also sent to those firms who had quoted for the specified groups of items in the previous tender enquiry. The calendar of invitation of tenders and activities related to Rate Contracts such as consideration of Tenders, period of contracts, finalization of prices by Price Revision Sub-Committee etc. are furnished at Appendix-‘B’. The Association is neither liable to advise any individual firm nor liable for non-receipt of such tender notices. 3. Sale and Receipt of Tenders Normally 3 to 4(three to four) weeks are allowed for the tenderers to request tender forms from the office ofthe Secretary, Standing Committee (S&C) situated at Plot 4-A, PSP Block, Pocket – 14, Sector-8, Dwarka New Delhi – 110 075, by paying Rs.3000/- by Demand Draft/Pay Order in favour of “Executive Director, ASRTU”, payable at New Delhi. The closing date and time for each group of items invariably is indicated in the Tender Notice. Tenders for invited group of items are opened as per the timetable provided in the Tender Notice available in the website at http:www.asrtu.org.

4. Opening of Tenders The Tender Committee opensthe tenders at the appointed date and time. The tenderers may see the rates quoted by other tenderers in ASRTU tender website. 5. Tenderers to submit the quotation in the item schedule contained in Volume – 1 of Tender Documents. 6. Intimation of Results The decision taken by the Standing Committee (S&C) is normally intimated to the individual tenderers after the meeting of Standing Committee (S&C).. 7. Approval of Suppliers and Consideration of Tenders: The following procedure will be adopted to approve the supplier: Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) 2 i) Works Inspection Tenderer has to submit Works Inspection Proforma wherein the information regarding factory address, list of machinery, list of testing equipments, certificate for registration under Companies Act/Factories Act etc. is sought. In order to ensure consistent quality supplies to the STUs, the tenderer must have facilities for inspection of raw materials, in process material inspection and finished products inspection. In order to inspect finished products, for every procurement group, the list of testing equipments that the manufacturer must have in-house are identified and list of the same is at Annexure-II to the Works Inspection Proforma. The Factory Inspection Charges are Rs.2000/- per factory per location and the same are to be deposited along with the tender by way of Demand Draft in the name of “Executive Director, ASRTU” Payable at New Delhi. A Committee comprising of two Technical Officers, one officer from ASRTU/CIRT and other officer from STU concerned or both the officers from ASRTU/CIRT/STUs (in the vicinity of which the firm is located) should inspect the factory and submit the Works Inspection Report in the prescribed proforma. Works Inspection Report received is scrutinized at Secretariat with respect to Works Inspection Norms and if the firm does not have required facilities as per the Works Inspection Norms, the same be treated as “Unsatisfactory” even if the inspecting authority has given “Satisfactory” Works Inspection Report. The reasons of Unsatisfactory Works Inspection Report are informed to the Inspecting Committee and to the firm. ii) Testing of Product / Samples Testing of product/samples is vital and important to assess the quality supplies by the manufacturers. Testing of randomly picked up samples for ensuring their conformity to the specification is one of the important requirements for awarding contracts to firms and for continuing firms on contract. Testing of product/samples is carried out in the following cases: a) For firms who participated in tender and are presently not approved on contract; b) For firms whoare on contract, their contracts are renewed subject to fulfillment of certain testing requirements/conditions, c) Under Quality Monitoring Scheme (QMS), a minimum of two samples shall be tested for each contract during the contract period of every contract holder, d) For firms enrolled under Vendor Development Registration Scheme (VDRS) of ASRTU. In case of random samples from the production line of the firm, the same are collected by the representative of STUs/ASRTU and are sealed in presence of representative of firm and are sent to CIRT, Pune for testing. The detailed procedure for sample collection and dispatch to CIRT, Pune is given at Appendix-C The test charges for all the tests conducted by ASRTU shall be payable by tenderer in advance. In respect of contract holders specific test charges applicable for the groups of items, for two samples shall be paid along with the submission of fresh tenders. Samples are drawn either from the production line of the manufacturer or from out of supplies made to the STUs for testing purpose. Testing is carried out at CIRT, Pune as per ASRTU or ASRTU adopted specification iii) The tender of the new firm (other than O.E. supplier/having TS -16949Certification) be put up before SC (S&C) for consideration only after receipt of Satisfactory Works Inspection Report (as mentioned in the Sl.No.i above) and requisite number of test reports application wise for Tata, Leyland & general application, as decided by the SC (S&C) from time to time. The minimum required test reports for consideration are at least 2 pass reports (in case test charges are less than Rs. 20,000/- per sample) and at least 1 pass report (in case test charges are equal to or more than Rs. 20,000/- per sample) each application wise, i.e. Tata, Leyland and General items. The decision be taken on the basis of latest 3 Test Reports. iv) The tender of the new firms for such items which are currently not tested at CIRT, Pune be put up before the SC (S&C) for consideration only after receipt of the Works Inspection Report. v) In respect of the tenders for Plant, Machinery & Equipment items, the tenders are considered on the receipt of the specific recommendations of Standing Committee (Technical & Stores) along with the Works Inspection Report.

Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

3 vi) In respect of the new firms which are O.E. Suppliers to Vehicle Manufacturers for the item/s covered under the item schedule of ASRTU tender inquiry and or the new firms having TS I6949 Certifications, the tender received shall be put up to the SC (S&C) for consideration. However, the Works Inspection and Testing of the products be carried out simultaneously in such cases. The O.E. Supplier firm shall submit documentary evidence in support of claim of the supplies made to the concerned Vehicle Manufacturers. vii) In case the Works Inspection Report is unsatisfactory, the reason is communicated to the firm. In case of any representation by the firm for re-inspection, it be done provided the firm pays Rs.2000/- as the necessary charges for re-inspection to ASRTU. viii) In respect of the existing vendors, with a view to monitor the quality of products manufactured by them, works inspection once in two years for Contract holders and once in six years for long term rate contract holders shall be carried out. Similarly, in respect of each firm on contract, minimum two random samples application wise are to be tested during contract period. The samples shall be collected by ASRTU/STUs preferably out of supplies and in case it is not possible to collect samples from supplies for valid reasons, the same could be collected from the firm’s production line. For the firms on contract & where testing is applicable, tender will be considered on the basis of pass percentage of test reports. ix) In respect of firms approved on contract, if Works Inspection Report is unsatisfactory, the firm is advised to complete the deficiencies within six months and re-inspection be carried out. The status of such cases is put up to the SC (S&C). x) The Standing Committee (S&C) decides individual tender based on well laid down principles, policies, procedures and practices, which enhance Value of the Contracts. In case of existing contract holders, the quality of their supplies, field performance, ability to supply within delivery schedules, terms of payment, prompt payment of rebate, test results etc. are considered. xi) If the requirements of works inspection and testing are not completed at the time of consideration of tenders then such tenders are considered only after a lapse of one year i.e. in the 3rd successive meeting of Standing Committee (S&C). 8. Decision on individual Tenderers is of the nature of collective responsibility of the Standing Committee (S&C). Any tenderer attempting to influence any member of the Standing Committee (S&C), will be liable for disqualification or blacklisting as the Committee may deem fit. 9. Deletion & Restoration of items on contract: On receipt of consecutive 3 ‘C’ graded test reports for the same item, such item will be deleted from the contract in line with the decision taken by the Standing Committee (S&C) from time to time. On receipt of consecutive 2 ‘A’ graded test reports for the same item, as per policy requirements, such item will be restored in the contract in line with the decision taken by the Standing Committee (S&C) from time to time. 10. Upgradation of Trial Rate Contract to Rate Contract The Upgradation of Trial Rate Contract to Rate Contract can be considered only after the Trial Rate Contract holder firm meets the below mentioned norms:- Where Testing facility is available at CIRT, Pune for the items on contract. a) The firm should have completed six meetings/2 years of SC(S&C) on Trial Rate Contract at the time of consideration of fresh tenders and for the firms whose Rate Contract was Downgraded to Trial Rate Contract, in such cases firm should have completed three meetings/1 year of SC(S&C) on Trial Rate Contract. b) Latest consecutive 2 “A” Grade Test Reports after last decision or Latest 1-A Grade Test Report after last decisions if Test Charges are more than Rs.20,000/- per sample. c) Firms should meet approved pass percentage. Where Testing facility is not available a) Feedback from STUs should be available satisfactory. b) Firm should complete 12 meetings/4 years on contract.

4 11. Vendor Development Registration Scheme (VDRS) Any firm desirous of entering into contract with ASRTU can register itself under Vendor Development Registration Scheme (VDRS) to complete the pre-requisites of consideration of tenders i.e. Works Inspection and Testing of random samples. The firms registered under VDRS shall have an advantage of reduced lead time for completing these pre-requisites and these firms will be informed with tender notice while inviting tenders. The application forms may be obtained from ASRTU, New Delhi on payment of Rs.5000/- per group for registration under VDRS. 12. Specifications ASRTU contracts are established on the ASRTU specifications, which are finalized by the “Specifications Sub-Committee”. For the items for which ASRTU specifications are not available, the contracts are established on BIS specifications or O.E specifications. Specifications relating to concerned group are furnished along with the tender documents. The tenders received from the vendors having TS I6949 certifications and required testing equipments as per works inspection norms be put up to SC (S&C) for consideration and for award of Trial Rate Contract subject to carrying out Works Inspection and Testing of product simultaneously. 13 Guidelines for bringing firms on Long Term Rate Contract (Period of contract 6 years, i.e. 3 cycles of 2 years each) A) General a) The Long Term Rate Contract shall be shortly called as LRC. b) For purposes of regulating the LRC, the term of 6 years shall be deemed to consist of 3 Sub-Terms each of two years and co-terminating with the corresponding period for other RC/TRCs. B) Firms supplying items to Vehicle Manufacturers (items that are not being manufactured by Chassis Manufacturers): i) The firm should be a manufacturer of critical items of that particular procurement group and firm should be an O.E. Fitment Supplier to Vehicle Manufacturers for these critical items of current makes and models of buses in STUs. ii) The firm should be an O.E. Fitment Supplier to Vehicle Manufacturer for at least three years in last five financial years. iii) The firm should have at least 25% of average sale of items as at (i) above to Vehicle Manufacturers during the period the firm is supplying to Vehicle Manufacturers for fitment and spare parts. The firm should furnish the certificate to this effect duly certified by the firm’s external auditor. iv) Firm should have printed price list and shall not charge lower rates than the rates submitted to ASRTU as per printed Price List to any other customer including Govt. Deptt. except to Vehicle Manufacturers. v) The firm should provide a copy of O.E. Specifications to ASRTU. In the event of specifications being amended by the firm in line with the specifications of OEMs, the firm should inform the same in advance to ASRTU for change in specifications. The firm’s products shall be tested at CIRT, Pune as per O.E. Specifications. In case, the firms do not provide O.E. specifications then their products will be tested as per ASRTU specifications only, after notification to such supplier. vi) The firm’s product should be subjected to test at CIRT, Pune. At least two critical items should be tested in cycle of two years for particular procurement group for Tata & Leyland separately i.e firm should maintain pass percentage above recommended pass percentage during every cycle of the tender consideration. vii) The firm should furnish quantifiable commitment in regard to supplies to STUs. The firm will disqualify to be on Long Term Rate Contract in the event of the following:- a) The firm discontinuing the manufacturing of critical items. b) The moving average of sale during last 5 years to Vehicle Manufacturers fall below 25%. c) In case the firm fails to qualify the pass percentage of test report criteria. C) The firms fully owned by Central or State Govt. Public Sector Undertakings i) The firms which are owned by Central or State Govt. manufacturing items required by STUs. ii) Firm should have printed price list and shall not charge lower rates than the rates submitted to ASRTU as per printed Price List to any other customer including Govt. Deptt. except to Vehicle Manufacturers. iii) The firm’s product should be subjected to test at CIRT, Pune. At least two test reports should be available in cycle of two years for particular procurement group. iv) The firm should furnish quantifiable commitment in regard to supplies to STUs. The above firms shall disqualify to be on Long Term Rate Contract in the event of the firms not qualifying the pass percentage of test report criteria at the time of consideration of tender at every cycle.

5 D) The firms, which are on regular rate contract with ASRTU but are not O.E. Manufacturers The following guidelines for bringing the firms on ASRTU Long Term Rate Contract under the category “Non O.E. Firms on Regular Rate Contract with ASRTU.” a) The firm should be a manufacturer of critical items so identified for that particular procurement group. b) Firm should be on regular Rate Contract for at least 10 years out of previous 12 years. c) Minimum four test reports should be available for last 4 years for each sub-group but combined application. d) Minimum pass percentage of test report (considering test reports of last four years) should be above 75%. e) The firm should have minimum 25% of market share for that tender group for last 2 contract periods. f) The firm should acquire ISO TS 16949 Certification in next 2 years g) The firm should furnish quantifiable commitment in regard to supplies to STUs. h) Firm’s product should be subjected to test at CIRT, Pune. At least 2 test reports should be available at each cycle for particular procurement group in future. i) The firm should have core-manufacturing facilities for Critical items. j) The firm’s works should be periodically inspected once in six years. The firm will disqualify to be on Long Term Rate Contract in the event of following: i) The firm discontinuing the manufacturing of Critical items ii) Firm fails to qualify the pass percentage of test report Criteria i.e. of 75% during each cycle of 2 years of Tender Consideration. iii) The firm fails to qualify for minimum market share as prescribed above. iv) The firm fails to get ISO TS 16949 Certification in next 2 years. v) The firm fails to supply as per quantifiable commitment to STUs; and vi) Firm fails to test at least 2 test reports in every Tender Cycle particular procurement group. 14. Terms & Conditions applicable for Long Term Rate Contract are as mentioned below: i. Rebate Refer to clause 11 of “General Conditions of Supply” ii. Regulation of Rates & Discounts a) Reduction of Rates

Any firm on any kind of contract may reduce its accepted rates at any time during the contract period subject to the condition that such reduction in rates shall not be less than 2% of basic rates and that such reduced rates shall remain in force till the end of the contract or the current sub-term of 2 years in case of LRC. The existing criteria for consideration of the request of price revision in respect of RC firms would hold good for LRC holder also. b) Discount The firms on contract shall maintain the slabs of discounts offered in the tenders. They might offer discounts during the contract period subject to such change being not less than an additional 2% in each of the corresponding slab of discounts and shall be valid for the remaining period of contract or sub-term of two years in case of LRC. LRC holder could also offer discount not less than 2% on the existing slab valid for a sub-term of 2 years and net basic rate after adjusting the lowest discount rate shall be deemed to be the basic rate for the purpose of subsequent sub-term of the LRC. iii. Price Revision The LRC firm shall follow the same calendar for procurement group as other RC/TRC holders. iv. Works Inspection Charges In respect of a LRC firm, the Work Inspection Report shall be valid for 6 years and the firm shall pay the Works Inspection Charges well before the Works Inspection Report is due. v. Testing Charges The LRC firm shall pay the prescribed test charges before the commencement of each sub-term. Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

6 vi. Performance Monitoring The performance and qualification for LRC shall be reviewed at the end of each sub-term along with the consideration of other tenders for that procurement group. vii. Claims The claims by STUs against LRC holder shall be made with-in 1 year from the date of receipt of Test Reports by the STUs or from the date of delivery of materials, whichever is later for all the materials. viii. Change of Specifications & inclusion of new items a) The firm on LRC shall be made aware of the changes in specifications and inclusion of new items in the tender schedule at the time of fresh tender, if any, and be asked to specify the rates which will be put up for the consideration of Standing Committee (S&C)/Price Revision Sub-Committee as the case may be. On the approval of the same such modified items/new items with newly approved rates will be included in the contract. This procedure shall be applicable for RC/TRC holders also. b) During pendency of the contract for LRC (Block of 2 years), RC & TRC, the firms shall be made aware of the changes in specification & shall be asked to continue with the approved rates for the balance period of contract. In case of non-acceptance, the contract for such items is short closed. c) In case of Long Term Rate Contracts for proprietary items like Brake & Brake Parts, F.I.P. Parts i.e. with M/s Wabco TVS Ltd., M/s Brake India Ltd. & M/s Bosch Ltd, etc., their requests for inclusion of new items/modified items shall be referred to PRSC/SC (S&C) ix. Deletion of item/s While LRC holder may withdraw/delete any items from its contract as per the same procedure applicable to other contract holders, withdrawal or deletion of any of the critical items will result in downgrading its status to R.C. to end with the close of the current sub-term. The firm should submit reasons for deletion of items with supporting documents which will be verified by the Works-Inspecting Officers. The items will be deleted after approval of SC(S&C)/ PRSC on the basis of Works- Inspection report. x. Breach of conditions In the event of failure to comply with any of the qualifying conditions for continuing on LRC, such firm shall be given a written notice by the Secretary, Standing committee (S&C) to fulfill such conditions within a period of 180 days from the date of notice failing which the said LRC holder shall stand down-graded to R.C. which shall terminate with the close of current sub-term. xi All other terms & conditions applicable to RC holder for that procurement group shall apply to the Long Term Rate Contract-holders. 15. Price Revision Sub-committee (PRSC) PRSC is a Sub-Committee of the Standing Committee (S&C) which includes three expert members each from Engineering, Stores and Finance disciplines. The Chairman, SC(S&C) is the Chairman of PRSC. PRSC has evolved structured framework to recommend suitable changes in prices, upward or downward for each procurement group. In the event a manufacturer asks for Price Revision, it will be examined by the PRSC and incidence of increase/decrease, as may be worked out by it would be placed before the SC(S&C) for its approval. The price variation will be governed as provided for in Clause 4, Prices of the ‘Conditions of Tender’

PRSC examines the reasonableness of quoted rates of firms participated in the tender enquiry and gives its recommendations to Standing Committee (S&C). 16. Sub-Committee on Claims It is a Sub-Committee of the SC(S&C) with Chairman, SC(S&C) as its Chairman and members of the PRSC are members of this Sub-Committee. This Sub-Committee brings the member STUs and the vendors across the table for discussions and settlement of claims between them. All the claims received from STUs/Vendors in the prescribed proforma which are not settled at ASRTU Secretariat level are referred to Sub-Committee on Claims for settlement in line with the guidelines approved by Standing Committee (S&C). The prescribed proforma in which STUs/Vendors are to submit their claims is given at Appendix-D. The Claims will be admitted only when copies of documentary evidence such as purchase order, firm’s invoice, Inspection Report/Test Reports and correspondence with the firm/STU are forwarded along with the Claim Proforma. Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) 7 Claims reported both by STUs/Vendors above Rs.15000/- each, generated out of ASRTU contracts and pending for more than one year are considered by it for settlement. Any dispute arising between the Supplier and ASRTU or connected with any matter covered by these conditions and or the Rate Contract/Trial Rate Contract shall be referred to the Sole Arbitration of the Chairperson of the Standing Committee (S&C) whose decision shall be final and binding on the parties. The provisions of the Arbitration Act shall apply to the adjudication of all such disputes.

17. Reconsideration of Rejected Tender

All tenders of firms, which are rejected by the committee on account of adverse test reports/works inspection report, shall be considered by SC (S&C) after a gap of 3 meetings from participation in tender along with fresh test reports/works inspection report.

18. Deletion of item from contract/withdrawal of contract

Any request received from a supplier for deletion of item from the contract/for withdrawal of its contract shall be placed before the Standing Committee(S&C) for decision.

19. The tenderers must submit fresh EMD and other charges as applicable to ASRTU through Demand Draft/Pay Order for consideration of their tenders.

20. The Standing Committee (Supplies & Contracts) takes decisions to Award/Renew contracts subject to simultaneous testing or Works Inspection. In many cases, consideration of the tender is deferred by one year or the tender is rejected for want of test reports or Works Inspection Report.

It is found that, in large number of cases, these conditions are not fulfilled because the concerned STUs do not send its officers for collection of sample or for Works Inspection. In some cases, where the sample is collected, the firm fails to dispatch it to CIRT in time. In many cases, the sample is not offered for collection or the premise is found closed. The failure can thus be attributed to the slackness on the part of the STUs and/or lack of interest by the firm.

Considering the above, the manufacturer should take enough initiative in getting its samples sealed by concerned STU and in getting its Works Inspection carried out at the earliest from the date of participation in tender and after receipt of such communication from ASRTU about offerings samples and Works Inspection. In this respect, Vendor Development Registration Scheme (VDRS) of ASRTU provides the supplier an advantage of reduced lead time for completing these prerequisites of Works Inspection and testing for consideration of its tender.

21. Documents to be submitted in e-bid:

a) Undertaking: Every tenderer has to furnish the Undertaking regarding submission of EMD, acceptance to the standard terms & conditions of ASRTU contract, which is placed at Appendix-F.

b) Declaration – I: Every tenderer has to furnish the Declaration – I regarding submission of EMD which is placed at Appendix-G.

c) Declaration – II: Every tenderer has to furnish the Declaration – II regarding acceptance to the standard terms & conditions of ASRTU contract which is placed at Appendix-H.

d) Declaration – III: If applicable, a tenderer has to furnish the Declaration – III regarding appointment of Sole Selling Agent which is placed at Appendix-I. It is to be given on Rs. 2/- stamp paper attested by the Executive Magistrate/First Class Magistrate.

8 e) Proforma of Cost Details (Raw Material): Every tenderer has to furnish the Proforma of Cost Details which is placed at Appendix-J. f) Proforma of Cost Escalation Details (Conversion Cost): Every tenderer has to furnish the Proforma of Cost Escalation Details which is placed at Appendix-K. g) Annexure OE: If the firm is an O. E. supplier to M/s Tata Motors Ltd or to M/s Ashok Leyland Ltd or to both for the items covered under ASRTU item schedule for which the tenders are invited, the tenderer is required to fill up this proforma and enclose latest Purchase Order copies and corresponding Invoices in support of it. Proforma of Annexure OE is placed at Appendix-L. h) Annexure AT: Every tenderer has to furnish the Annexure AT related to submission of better rates and terms & conditions to any member STU and acceptance to the Fall Clause. It is to be given on Rs. 10/- non-judicial stamp paper attested by the Executive Magistrate/First Class Magistrate and is placed at Appendix-M.

9 APPENDIX – A Fleet Strength of member STUs as on December 2010 Sr. Name of the STUs Fleet Sr. Name of the STUs Fleet No. Strength No. Strength 1 Ahmedabad Municipal Transport 952 2 Nagaland State Transport 239 Service 3 Andaman & Nicobar Administration 220 4 Navi Mumbai Municipal Tpt. 281 Undertakings 5 Andhra Pradesh State Road Tpt. 21764 6 North Bengal State Tpt. Corpn. 817 Corpn. 7 Arunachal Pradesh State Tpt Services 244 8 North Eastern Karnataka Road 3873 Tpt. Corpn. 9 Assam State Tpt. Corpn. 347 10 North Western Karnataka Road 4851 Tpt. Corpn. 11 Bangalore Metropolitan Tpt. Corpn. 5600 12 Orissa State Road Tr. 344 Corporation 13 Bihar State Road Transport Corpn. 531 14 Pepsu Road Tpt. Corpn. 939 15 Bihar State Tourism Development 16 Pune MPML. 1589 Corporation 17 Brihan Mumbai Electric Supply &Tpt 4750 18 Pondicherry Tourism & Undertakings Transport Devpt. Corpn. 19 Calcutta State Tpt. Corpn. 1126 20 Punjab State Bus Stand 1179 Management Co Ltd 21 Chandigarh Transport Undertakings 457 22 Rajasthan State Road Tr. 4659 Corpn., 23 Delhi Tourism &Transportation Dev. 24 Sholapur Municipal Transport 48 Corpn., Undertaking 25 Delhi Transport Corpn. 6245 26 Sikkim Nationalised Transport 166 27 Gujarat State Road Tpt. Corpn. 7847 28 SouthBengalState Tr. Corpn., 540 29 HaryanaState Transport 3271 30 State Express Tpt. Corpn., 1002 (TN) L. 31 Himachal Pradesh Tourism Devpt. 26 32 State Transport Punjab 646 Corpn. Ltd 33 Himachal Road Tpt. Corpn. 3294 34 T.N.S.T.C. (Coimbatore ) Ltd. 3014 35 J&K State Road Tpt. Corpn. 1060 36 T.N.S.T.C. (Kumbakonam) 3503 37 Jammu & Kashmir State Forest 130 38 T.N.S.T.C. (Madurai) 3820 Corporation 39 Kadamba Tpt. Corpn. Ltd. 432 40 T.N.S.T.C. (Salem) 2055 41 Kalyan Dombivili Municipal Tpt. 140 42 T.N.S.T.C. (Villupuram) 3319 Undertakings 43 Karnataka State Road Tpt. Corpn. 7188 44 Thane Municipal Transport 375 Undertakings 45 Kerala State Road Transport Corpn. 5623 46 The Calcutta Tramways Co. 327 (1978) Ltd. 47 Kolhapur Municipal Transport 149 48 The National Transport Undertakings Corporation 49 Madhya Pradesh State Road Tpt. 50 Tripura Road Tpt. Corpn. 98 Corpn. 51 Maharashtra State Road Tpt. Corpn. 16164 52 U.P.State Road Transport 7459 Corporation 53 Manipur State Road Transport 29 54 Uttranchal Transport Corpn. 899 Corporation 55 Meghalaya Transport Corpn. 62 56 West Bengal Surface Tpt. 94 Corpn. Ltd., 57 Mizoram State Transport 59 58 Metropolitan Transport 3421 Corpn.(Chennai) Ltd. Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

10 APPENDIX-B

Calendar of invitation of tenders, period of contracts

MEETING NO.229thSC(S&C) Period of contract 01/08/YY to 31/07/YY+2 Existing contracts considered at 229thSC (S&C) are valid up to 31/07/2013 SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 97 Fluorescent Tubes, Invertor & Bulbs 2 9 Air Filter, Lub. Oil Filter, Diesel Fuel Filter and Elements 3 13 Clutch & Clutch Parts 4 18 King Pin, King Pin Repair Kits & Parts 5 10 Malleable, Sheet Metal, S G Iron, Foundry Based Components & Plastic (PP) Fan Assembly 6 2 Engine Valves, Valve Guides, Valve Seat Inserts, Valve Springs & Protective Sleeves 7 23 Ball & Roller Bearings 8 5 Crankshafts (from O.E. Manufacturers only) 9 31 Luxury Passenger Seat & Driver Seat Assy. 10 58 Electric Horns 11 14 Brake & Brake Parts and Brake Carrier

MEETING NO. 230thSC(S&C) Period of contract 01/12/YY to 30/11/YY+2 Existing contracts considered at 230thSC (S&C) are valid up to 30/11/2013 SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 15 Brake Lining & Clutch Facing and their Rivets 2 46 Exhaust Pipes & Silencer Mufflers 3 67 Welding Electrodes & Tin Solders 4 08 Flywheel Starter Ring Gears 5 04 Water Pump Assys., Water Pump Rep. Kits & W. P. Parts 6 21 Axle Shafts 7 73 Plywood & compressed Wooden Floor Board & Medium Density Fibre Board 8. 22 Crown Wheel & Tail Pinion Sets and Gears & Gear Components 9 12 Hubs & Brake Drums and Flywheel Housing, Gear Box Housing & Clutch Housing. 10 06 Coolant for Radiators 11 29 Portable Electric Tools 12 65 Steering Assembly & its Components

11 MEETING NO.225thSC(S&C) Period of contract 01/04/YY to 31/03/YY+2 Existing contracts considered at 225thSC (S&C) are valid up to 31/03/2012 SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 01 Piston Assys. & Piston Rings 2 45 Diesel Tanks its Brackets & Fittings 3 60 Hyd. Jacks &Mech, Jacks & Hyd. Trolley Jacks 4 30 Auto Electric Parts & Accessories for Rewinding of Armatures 5 68 Hand Tools 6 03 Fuel Injection Pump Parts 7 34.4 Halogen Auto Bulbs 8 37 Bumper & Cowls 9 87 Rubber Glazings 10 79 Tyre Valves, Cores, Caps etc. 11 25 Cleaning & Etching Chemicals 12 69 Auto Cables & Wires and Welding Cables 13 63 HSD Oil & Lubricants

MEETING NO.226thSC(S&C) Period of contract 01/08/YY to 31/07/YY+2 Existing Contracts Valid upto 31/07/12 of Meeting No. 220th SC (S&C) SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 7 Fuel Pressure Pipes, (Injector Pipes) Leak Off Pipes and Other Pipe Lines 2 71 Aluminium Extruded Section & Sheets 3 52 Pins & Bushes (including Nylon Bushes) 4 36 Wiper Motors, Arms & Blades 5 24 Thinwalled (Bimetal) Bearings, Bushings & Thrust Washer 6 20 Prop. Shaft & U.J. Cross Assys. and Components 7 32 Auto Dash Board Instruments, Flexible Drive Shafts, Switches and Flashers 8 41 Fuel and Oil Hoses 9 81 Aluminium Rivets (Blind & Solid), Multigrip Aluminium Rivets 10 53 Grease Nipples & Grease Guns 11 90 ERW Steel Tubes 12 19 Tie Rod, Tie Rod Repair Kits & Parts

MEETING NO.227thSC(S&C) Period of contract 01/12/YY to 30/11/YY+2 Existing Contracts Valid upto30/11/2012of 227thSC (S&C) 12 SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 80 Laminated & Toughened Safety Glass 2 50 Fasteners (H.T.) for Chassis & Bus Body Application 3 83 PVC Leather Cloth and Foam Leather Cloth 4 47 Wheel Studs, Axle Studs, Nuts, Wheel Bolts & Wheel Cone 5 48 U Clamp, Centre Bolts, Anchor Bolts & their Nuts and Bus Body U Clamps 6 49 Self Locking Nuts 7 40 Fan Belts 8 51 Hose clips 9 86 Tyres, Tubes & Flaps with curing bags 10 66 Centralised Chassis Lubrication System (On Board) 11 01.9 Cylinder Liners 12 27 Spring Assys. & Spring Leaves 13 LED based Bus destination boards

MEETING NO.228thSC(S&C) Period of Contract 01/04/YY to 31/03/YY+2 Existing Contracts Valid upto 31/03/2013 of 228thSC (S&C) SL. NO. PG NO. NAME OF PROCUREMENT GROUPS 1 39 Rubber & Rubber Parts and Ballata Packing 2 42 Oil Seals 3 38 Tyre Retd. Material (Precured Process) Precured Patches and Tools for Repair of Tyres & Tubes 4 89 PU & Rubberised Coir Seat Cushion and Backrests 5 85 Adhesives & Single Component Anaerobic Adhesives 6 70 Paints (Premium Quality) Paints (Normal Quality) and Paint Ancillaries 7 93 Hinges and Door Locks, Conductor Bell, Tower Bolts etc. 8 84 Automotive Batteries 9 44 Radiators & Cores 10 33 Automotive Lights & Rear View Mirrors 11 43 Gaskets 12 34 Automobile Bulbs& Halogen Auto Bulbs 13 Electronic Bus Ticketing Machine

13 APPENDIX - “C” Procedure for Sample Collection, Dispatch and Terms & Conditions for testing to be carried out at CIRT, Pune 1.0 Drawing of Samples 1.1. The random samples on behalf of ASRTU from production line of the firm or from out of supplies made to the STU (as the case may be) are to be collected and sealed by ASRTU/STU officers in the presence of the Manufacturer /its representative. 1.2 ASRTU random samples on behalf of ASRTU are to be jointly sealed by the representative of ASRTU/STU and the Manufacturer/ its representative. 1.3 The samples are to be sent directly to the Director, Central Institute of Road Transport (Training & Research), Pune Nasik Road, Bhosari, Pune-411 026 at the cost of the firm under intimation to the Secretary, SC (S&C), ASRTU. 1.4 The firm must take care of following points for dispatch of samples to CIRT, Pune. a) Firm shall mention following details in their letter while sending the samples to CIRT, Pune under intimation to the Secretary, SC (S&C), ASRTU. 1. Reference number& date of ASRTU letter issued for testing of random samples of the firm. 2. Details of samples sealed along with part nos. (wherever applicable), specification no. and quantity. 3. Details of sample test order numbers. b) Seal & signature of the officer must be distinctly visible on the sample/carton while sending the random samples. c) The sealed samples should be sent to Director, CIRT, Pune within 15 days of sealing by ASRTU/STU officer/s. 1.5 Test samples shall be supplied “free of charge” by the State Transport Undertakings (STUs)/manufacturers from their own supplies/production line and as far as possible, these shall be random samples. 1.6 The party requesting for tests should send detailed technical specifications, operating instructions and connected drawings etc. for the samples forinformation during testing, along with the samples. 1.7a) Specifications to be followed while testing shall be clearly mentioned with ASRTU/IS Specification Number and Year. b) In absence of this information, either the ASRTU rate contract details (Rate Contract Number and date) or the Meeting details of Standing Committee (Supplies and Contracts) of ASRTU, the basis on which supplies have been made shall be clearly mentioned while sending the samples. c) In absence of any details mentioned at b) above, CIRT either shall follow latest specifications or it may express its inability to undertake the testing. 1.8 Exact nomenclature and part number shall be clearly indicated while forwarding the samples. 2.0 Mode of Forwarding the Samples 2.1 Consignment of Test Samples shall be booked only on “DOOR DELIVERY BASIS”. Freight and Octroishall be pre-paid at the consignor’s end. 2.2 Test quantity of the samples shall be as per the CIRT’s schedule of test charges. 2.3 The samples shall be securely packed to avoid damage in transit. Samples like Glass, Paints, Batteries, Auto Bulbs, Head Light Assy. or other Fragile Articles shall be clearly marked on the packing case accordingly. Intactness of the material will be confirmed only after opening of the consignment. If the consignment is not damaged from outside, then receipt of consignment will be given to the Transporter. The damages, if any, from inside will be informed to the Customer at a later date. 2.4 Dispatch documents shall invariably include a copy of sample forwarding letter and original delivery note/challan and shall be addressed to the “Director, CIRT Bhosari, Pune-411 026". 2.5 The consignment note/way bill as the delivery note/challan shall invariably be marked with the words “Sample for destructive sample testing only-item of no commercial value”. In case a delivery note/challan is not sent with the consignment, a separate certificate with the endorsement as above shall be sent with the despatch documents. 3.0 Commercial Utilization of Test Reports Issued to the STUs in Respect of Samples Tested 3.1 Test Report will be supplied only to the organization on behalf of which the samples are tested. Test Report issued by CIRT pertains only to the sample actually tested in the CIRT laboratories and is not applicable to the general production of the item. Test report issued by CIRT shall not, therefore, be used for publicity in any form or any other commercial purpose. However, test report can be used for quality control purpose and developing the vendors.

14 3.2 The information given in the test reports not to be communicated either directly or indirectly to any person not authorized to receive it. It shall also not be reproduced or quoted in full/part without prior permission of the Director, CIRT in writing. 4.0 Disposal of Tested Samples 4.1 Samples received for testing at CIRT will not be returned. 4.2 The tested samples, if not consumed during the tests, will be preserved for a period of “Three months” from the date of issue of the test report. However, the failed samples shall be preserved for six months. Therefore, if any representations regarding retest are required to be made, they shall be made within this period. 4.3 For the samples where test facility or specification is not available, CIRT shall inform accordingly. In such cases samples, if required by the customer shall be collected back from CIRT by the customer’s authorized representative within a month from the date of intimation by the CIRT regarding inability to test. No liability whatsoever will lie with CIRT afterwards. Moreover where frequently such items are sent by same customers, CIRT will not return the same. 5.0 Test Charges and Bills 5.1 The test charges in full for the tests to be carried out will have to be deposited IN ADVANCE in cash/demand draft by the customers requesting for tests. Demand draft shall be payable at Pune favouring “The Director, Central Institute of Road Transport, Pune”. After completion of the tests, a bill for testing charges will be sent according to the actual tests carried out or individual items tested and will be adjusted against the advance paid by the customer from whom the request for carrying out testing work is received. Two copies of the bill will be sent. No concession of any kind will be allowed in the test charges. However the firms who participate in the ASRTU Tender or Vender Development Registration Scheme shall deposit the Test Charges as per Testing Charges Schedule in favour of the Executive Director, ASRTU payable at New Delhi. 5.2 The test charges ruling at the time of issue of test report will be applicable and the same will be indicated in the bill. 5.3 CIRT will have the right to refuse testing, if the customer does not settle earlier bills. 5.4 The test charges are subject to change without prior notice, depending on input costs like electricity tariff, raw materials and additional tests. 5.5 The test charges indicated in “Schedule of Test Charges” are covered for testing as per ASRTU specification. If customer wishes to test as per specification other than ASRTU specification, the separate test charges shall be worked out by CIRT depending upon the work content involved for testing. 6.0 General 6.1 No responsibility shall be attached to the employees of CIRT for giving legal defense or for appearing before any court of law regarding the tests carried out at CIRT. 6.2 CIRT reserves the right to publish the results of any tests with comments, if any. 6.3 Proprietary or patented materials cannot be tested unless all particulars including the composition and method of manufacturer are disclosed to the Director, CIRT and can be indicated in the report. 6.4 In case of any dispute as regards testing charges or the testing work/report, the decision of the Director, CIRT, will be final and binding on the customers. 6.5 The customers shall inform complete postal address with postal pin code number, while forwarding the samples. This will help CIRT to correspond and to issue test report at correct address. 6.6 The customer shall inform any change in authority for receiving the test report to avoid non-receipt of test report or delay in receiving the test report. 6.7 In case the samples are picked by the STUs on behalf of ASRTU, STUs clearly mention ASRTU letter number and date while forwarding the samples to CIRT. 6.8 STU shall approach CIRT, if the sender does not receive test report within four months from the date of receipt of sample by CIRT. 6.9 Any query on CIRT test report shall be intimated to CIRT within one month after receipt of test report. 6.10 CIRT is not responsible for delay by the transporter to deliver the material. 6.11 Tested samples will not be returned to the customer by the CIRT.

15 APPENDIX – D ASSOCIATION OF STATE ROAD TRANSPORT UNDERTAKINGS PROFORMA FOR SUBMISSION OF CLAIMS TO SUB-COMMITTEE ON CLAIMS A) Pending Claim Feed Back Report to be submitted by STU

Nature of Claim: a) Claim reported should be above Rs.15000/- each. b) The claim should be against existing firm on ASRTU Contract. c) Purchases should be made against ASRTU contract only. d) Claim should be outstanding for more than one year at the time of reporting.

Name of the STU:------

Name of the Procurement Group/Sub-Group ------

Sr.No. Description Name & Address of firm M/s M/s 1 Current RC/TRC No. with date

2 Period of Current RC/TRC 3 Description of the item purchased against ASRTU Contract 4 Reference No. of ASRTU contract with date & Period of Contract of reported claim 5 Purchase Order Nos. with date, Enclose the copies of the Pos. 6 Invoice/Bill Nos. with date, Enclose the copies of the invoices/Bills 7 Total Claim Amount (in Rs.) 8 Reason for the claim with supporting documents 9 Outstanding payments if any to be paid to the firm 10. Remarks if any

Signature with Name, Designation and Date

------ASSOCIATION OF STATE ROAD TRANSPORT UNDERTAKINGS PROFORMA FOR SUBMISSION OF CLAIMS TO SUB-COMMITTEE ON CLAIMS B) Pending Claim Feed Back Report to be submitted by Firm Nature of Claim: a)Claim reported should be above Rs.15000/- each. b) The claim should be reported by existing firm on ASRTU Contract c) Supplies should be made against ASRTU contract only. d) Claim should be outstanding for more than one year at the time of reporting Name of the Firm: ------Name of the Procurement Group/Sub-Group: ------

Sr.No. Description Claim reported against STU Name - Name - 1 Current RC/TRC No. with date

2 Period of Current RC/TRC 3 Description of the item supplied against ASRTU Contract 4 Reference No. of ASRTU contract with date & Period of Contract of reported claim 5 Purchase Order Nos. with date, Enclose the copies of the POs. 6 Invoice/Bill Nos. with date, Enclose the copies of the invoices/Bills 7 Total Claim Amount (in Rs.) 8 Reason for the claim with supporting documents 9 Outstanding payments if any to be paid to the firm by STU 10 Remarks if any

Signature with Name, Designation and Date

16 APPENDIX-E Criteria For Levy Of Penalty /Compensation Payable By The Supplier To The Purchasing STUs Applicable Due To Shortfall In Specifications (AlsoRefer General Conditions of Supply) The supplies received from the supplier by the purchasing STU may be subjected to the laboratory testing as may be decided by the Purchasing STU. If the sample fails to meet the requirement of any one or more parameters specified in the specification applicable to the contract then the lot from which the sample has been drawn shall be considered as not having met the requirements of this Specification and, as a consequence thereof, compensation will be payable by the supplier based on the value of the lot (inclusive of all taxes & incidentals) which will be decided on the loss of marks from the total marks allotted to each of the tests as detailed in the specifications. i) The loss of marks will be in proportion to the extent to which actual test values deviate from the specified values for Test Parameters marked as ‘P’. ii) The loss of marks will be Total for test parameters marked as ‘T’. iii) In case any of the tests is not carried out, there will be no recovery of marks for that given test. For some test parameters the proportionate recovery can be made whenever the test reports indicate specific values. Whereas for some test parameters, the recovery is required to be made ‘Total’ where the test reports do not give specific values, and, also the nature and applicability of the test parameters is such that total recovery is to be made. Therefore, the test parameters are classified as P or T, which is clearly mentioned against each test parameters. Proportionate marks shall be considered for the test parameters, which are classified, as P. Total marks shall be considered for test parameters, which are classified as T. The penalty shall be leviable by the purchasing STU based on a single test report also. If more number of samples have been drawn & tested for the same item from the same lot then the average shortfall/deviation will be computed taking into account all the test reports for that item including both passed as well as failed test reports. The penalty will be applicable on gross value of supplies made in a given lot of that item which had failed in the tests. For example if different items are supplied in a given lot say item to O.E. Part No. X, Y & Z or ASRTU Item Code No. A, B & C i.e. items to different O.E. Part Nos. or items to different ASRTU code Nos. and if samples of the item to O.E. Part No. X or ASRTU code No. A (as the case may be) only fails in tests, then penalty will be levied only on the gross value of supplies made in the lot of item to O.E. Part No. X or item to ASRTU Code No. A (as the case may be).

Criteria For Levy Of Penalty By Purchasing STUs For Compensation Payable By The Supplier Due To Shortfall On Specification

Sr. Parameter If loss of If loss of If loss of marks are 3% or more No. marks are marks are than 3% up to 0.5% more than 0.5% but less than 3% 1. Test Charges Yes Yes Yes 2. Cost of material No Yes Yes 3. Administrative No No a) 3% of the lot value Penalty (up toRs. 1.5 lakhs) subject to max. Rs. 3000 b) 2% of the lot value (above Rs. 1.5 lakhs) subject to max. Rs. 5000 4. Penalty based Yes Yes Yes on loss of marks ______

17 CERTIFICATE (To be furnished by the firm at the time of submitting Quarterly Sales Statement as per Clause No 11 (e) of General Conditions of Supply) I/We...... (Name) (Status) of M/s...... (NAME OF THE FIRM) Company/firm/Partnership holder of ASRTU Rate Contract/Trial Rate Contract for supply of...... for the period from...... to...... (inclusive of subsequent amendment also) hereby certify that the information contained in the quarterly statement, to the best of my/our knowledge and belief, is correct, complete and includes all the invoices raised in response to the purchase order placed by Member Undertakings (STUs). It also includes rebate on the revised rate that have been approved/would be subsequently approved by the Standing committee (S&C).

In case, it is found at later date that the rebate on any invoice has not been included in my/our statement, I/We am/are liable to pay such amount along with penal interest of 24% per annum and other actions as decided by Standing Committee (S&C) including temporary withdrawal/cancellation of Rate Contract/Trail Rate Contract.

Signature of Managing Director/Proprietor/Partner with seal PLACE: DATE: ------Quarterly Sales Statement ANNEXURE-A Statement Showing Payments Received From STUs During the Quarter ______

FIRM CODE: ITEM CODE: % OF REBATE:

NAME OF THE NAME OF THE FIRM : ITEM: Sr. NO. STU Name of the STU Amount Received Rebate Amount Remarks CODE (Rs.) (BASIC + ED) (Rs.) if any

GRAND TOTAL XXXXXX XXXXXX

NOTE : ( 1) The Statement should be duly verified / certified by respective Statutory / Internal Auditors (2) The firms that are on rate contract with ASRTU in respect of one or more items should furnish a separate statement in respect of each item/group. (3) A single consolidated entry in respect of each STU showing the total payment received during the quarter should be given in the above statement. (4) The details about Invoice No., Purchase order no. etc. may however be maintained at firms level which may be called for by ASRTU, if required at any stage.

Name of the Auditor Authorised Signatory of the Firm With Seal Name : Date: Designation / Status

18 APPENDIX-F UNDERTAKING

(To be furnished by the Tenderer)

I/we have read contents of Declaration – I, II & III carefully and accordingly submitted my/our tender.

I/we have further read all the “Conditions of Tender” and “General Conditions of Supply” provided in Volume – 3 of the tender documents and they are acceptable to me/us.

I/we solemnly affirm that I/we shall be bound with all the terms and conditions of the ASRTU tender.

Signature

Name of authorized signatory

Designation and Seal of company

Place:

19 APPENDIX-G

THIS DOCUMENT DULY FILLED-IN AND SIGNED ALONG WITH REQUIRED DOCUMENTS MUST REACH ASRTU OFFICE

DECLARATION-I

I/We hereby offer to supply to the State Road Transport Undertakings, member of the Association of State Road Transport Undertakings upon and in accordance with the Conditions of Tender and the General Conditions of Supply hereto annexed apart from the conditions as may be agreed to between the purchaser members and the successful tenderers, at the prices given by me/us as per the terms in the schedule attached to the tender, only those items as you may specify in the acceptance of the tender and within the Delivery Period set forth in the said schedule. I/We enclose the Demand Draft/Pay Order of Rs.10000/-(Rupees Ten Thousand Only)/Rs.6000/- (Rupees Six Thousand Only), being the Earnest Money Deposit. I/We have carefully read and understood the terms and conditions and the specifications of the stores and other details set out in the schedule and appendix. I am/We are fully aware of the nature and specifications of the stores in accordance with your requirements. I/We agree to hold this offer for a period of 180 days from the date of submission of the tender and in the event of my/our failing to abide by this offer, I/We agree to the forfeiture of the Earnest Money Deposit of Rs.10000/-(Rupees Ten Thousand Only)/Rs.6000/- (Rupees Six Thousand Only). I/We declare that no other party will have any interest in the contract if this tender is accepted. I/We agree that the Undertakings shall not be bound to recognize any person or persons other than me/us as having any interest in the contract and will be at liberty to terminate the contract at any time if it shall appear that this declaration is not true in fact. Acceptance by the Standing Committee (S&C) of this tender within prescribed time shall constitute a valid contract for the supply of goods and stores according to the terms and conditions and in accordance with the specifications and details referred to above. I/We further agree to comply with the terms and conditions of the rate contract/trial rate contract that may be awarded to me/us on the basis of this offer and in the event of my/our failing to do so during the currency of the rate contract/trial rate contract, I/We agree to the forfeiture of the Earnest Money Deposit of Rs.10000/-(Rupees Ten Thousand Only)/Rs.6000/-(Rupees Six Thousand Only). I/We agree that in the event of the earnest money deposit of Rs.10000/- (Rupees Ten Thousand Only)/Rs.6000/- (Rupees Six Thousand Only), becoming refundable to me/us and not incurring forfeiture the same may be retained by you to my/our credit.

Signature of Authorized Employee of the Manufacturer

Date: Name ……………………………

Place: Designation …………………………….

20 APPENDIX-H

DECLARATION - II

Tenderers shall give their acceptance to the Standard terms and conditions of tender as per this Declaration; otherwise tender is liable to be rejected.

STANDARD TERMS & CONDITIONS OF TENDER (Refer to Volume-4)

1. Period of Contract

2. F.O.R. Terms

3. Price Variation Clause

4. Testing of Samples

5. Earnest Money Deposit

6. Payment Terms

7. Risk Purchase Clause

8. Force Majeaure Clause

9. Payment of Secretarial Administrative Rebate

10. Fall Clause

11. Works Inspection Charges & Testing Charges

12. Works Inspection Proforma

13. Transit Insurance

14. Packing & Forwarding Charges

I/We have read the above mentioned Standard Terms & Conditions of the tender and also Conditions of Tender, General Conditions of Supply & General Information regarding Contracts established by ASRTU and terms and conditions mentioned in Proforma “A” and I/We agree to the said terms & conditions.

Date Signature of the authorized employee of the Manufacturer

Name …………………………………….

Place Designation …………………………….

21 APPENDIX-I

DECLARATION - III

DECLARATION FORM FOR APPOINTMENT OF SOLE SELLING AGENT (Before the Executive Magistrate/Magistrate Ist Class)

We have appointed M/s______at the following address as our Sole Selling Agent/Sole Distributor whose name and address may kindly be incorporated in the Rate Contract/Trial Rate Contract No.______for supply of ______

Address of Sole Selling Agent/Sole Distributor: We hereby give an undertaking that our Sole Selling Agent/Sole Distributor i.e. M/s______will be bound by the terms and conditions of the contract mentioned above and shall fulfill all liabilities and obligations under the said contract. We also hereby give an undertaking that our Sole Selling Agent/Sole Distributor, M/s______will supply products manufactured by us only conforming to standards laid down in the said contract with brand name “______” and the final responsibility for fulfilling all liabilities and obligations under the contract including settlement of claims/disputes arising out of supplies made or non supplies by our Sole Selling Agent/Sole Distributor to the purchasing State Transport Undertakings will be of the manufacturer approved on contract i.e. M/s______.

In the event, we change the Sole Selling Agent/Sole Distributor during the pendency of the said contract, then we further give an undertaking that before the appointment of new Sole Selling Agent/Sole Distributor is given effect to, we will settle all claims/disputes arising out of supplies/non supply made by our Sole Selling Agent/Sole Distributor M/s______to the purchasing State Transport Undertakings.

Manufacturer Authorised Sole Selling Agents/Sole Distributors ______

Signature of Authorised* Signature of Authorised* Signatory with Stamp Signatory with Stamp

Name of authorized person of your company: Name of authorized person of your company: Designation: Designation:

Note : This declaration should be given by the manufacturer on minimum of Rs. 2/- Stamp Paper attested by the Executive Magistrate/First Class Magistrate and sent to ASRTU , in case of appointing sole selling agent/sole distributor

Enclose Certificate of Authorisation

22 APPENDIX-J Proforma for cost details (Raw Material)

Name of the firm: Item:

Quoted rate Quantity of Basic rate of Quantum of Basic rate Quantum Cost of Cost of as per present Raw Raw Excise of Raw of Excise Raw Raw quotation dt. Material per Material Duty/Custom Material Duty/ material as Material unit of (including Duty (including Custom % cost of as % cost finished excise included in excise Duty finished of item (where duty/custom the basic rate duty/custom included products finished more than duty etc.) at of Raw duty etc.) at in the When products one raw the time of Material the time of basic contract i.e. material is finalisation At the time of finalisation rate of was Present involved of last finalisation of of present raw accepted or Quotation information contract i.e. last contact quotation material at the time should be as on i.e. as on i.e. as on At the when any furnished time of subsequent for each present price constituent quotation increase raw was material) finalized

For following representative items

1 2 3 4 5 6 7 8

------APPENDIX-K

Proforma for cost escalation details (conversion cost)

Name of the firm: Item:

Please mention the Basic rate of Basic rate of Conversion cost Conversion cost as % cost major elements of conversion cost conversion cost as % cost of of finished product conversion cost elements elements finished product At the time of At the time of At the time of At the time of present finalisation of present quotation finalisatoin of last quotation i.e. as on last contract i.e i.e. as on contract i.e as on as on

23 APPENDIX-L

ANNEXURE – “OE” The Tenderers are requested to fill up following proforma in case they claim to be an OE supplier to M/s Tata Motors/M/s Ashok Leyland or both and enclose the relevant Purchase Order copies and corresponding invoices to substantiate their claim. Failing which, OE claim shall not be entertained.

Sr.No. in Description of P.O.No. Invoice No.& Rates Remarks ASRTU item item/OE Part with date Date (Enclosed Excl. of Schedule No. (Enclosed photocopy of ED & photocopy Invoice) Taxes of POs)

Note: The attested evidence of OE supplies should be enclosed.

------

APPENDIX-M

Annexure - AT

AFFIDAVIT

(On Rs.10/- non Judicial stamp paper)

I Ms/Shri……………………….hereby solemnly affirm on behalf of

M/s………………………………………………………………submit the tender/offer for supply of………………………………………………………..that I shall inform ASRTU in writing positively within 30 days from date of submitting lower rate(s) and/or any better terms & conditions offered to any of your member STUs or any Govt./Semi Govt. owned organization by us directly or by any of our Sole Selling Agent/Distributor for the said item(s) for which the quotation/offer is submitted to ASRTU.

The ASRTU shall have the right to take any action as stipulated under Fall Clause of tender documents in the event of firm not informing the lower rate(s) and/or any better terms & conditions within 30 days positively.

Signature of authorized*Signatory with stamp

Name of the authorized person of the Company

Designation:

* Enclose certificate of authorization

24 CONDITIONS OF TENDER

Note: In this document

‘Standing Committee (S&C)’ means the Standing Committee (Supplies & Contracts) of the Association of State Road Transport Undertakings and includes any officer thereof duly authorized to act for and on behalf of the Standing Committee (S&C).

‘Undertakings’ means the member of The Association of State Road Transport Undertakings.

‘Tenderer’ means an enterprise, which has submitted tender in response to the invitation to tender issued by the Standing Committee (S&C).

‘Supplier’ means the tenderer whose tender has been accepted by the Standing Committee (S&C). 1. Extent of Tender The tender is for supply by the tenderer to the Undertakings whether named in the tender or not, the stores or any part thereof in such quantities and at place or places and within the time specified in the Acceptance Letter (s) / Purchase Order (s) placed by the Undertakings and at the rates and on terms and conditions offered by the tenderer and accepted by the Standing Committee (S&C) including the terms and conditions of the Conditions of Tender and the General Conditions of Supply applicable to all tenders.

2. Period and Quantities i) This Rate contract/Trial Rate Contract shall normally be for a period of Two years from the date it is made and shall apply to all orders as may be placed on the supplier by the Undertakings within such period. Provided, however, the delivery period contracted for the supplies is not later than three months from the last date of the contract period. The Rate Contract/Trial Rate Contract will normally be for a period of Two Years as mentioned in the tender but can be for a longer period if mutually agreed in the contract issued or could be for a shorter period than two years as the Standing Committee may decide. But the supplier shall be bound to agree to the extension of the validity period of the contract for a period up to three months, in all such cases where the Secretary, SC (S&C) shall consider such extension necessary and upon such extension of the contract the supplier shall continue to effect supplies at the rates and terms and conditions as originally agreed during such extended period also. ii) The Tenderer shall indicate the total quantities offered and shall remain bound if required to supply to the full extent of quantities offered. The quantities to be eventually purchased shall, however, depend upon the orders as may be placed by the Undertakings from time to time during the contract period. There will be no guarantee of any specified quantity of purchases to be made.

3. Quotations i) The tenderers shall quote their most competitive prices on FOR Terms as mentioned for individual procurement group and in item schedule. No other FOR Terms shall be acceptable. The attention of the tenderers is invited to the clause no.11 of General conditions of Supply, relating to the payment of Secretarial Administrative Rebate of a sum equivalent to 2% of the value of the invoice (Basic Rate + Excise Duty and Exclusive of Sales Tax & Other taxes, if any)and the further conditions relating to the minimum fixed amount as detailed therein. ii) The tenderers shall quote the most competitive rates, which, in the event of acceptance, shall remain FIRM during the contract period, save provisions for changes or variations under the clause on ‘Prices’.

The SC (S&C) shall have the right to reject any tender or part of quotations on account of prices being found unreasonable, in its opinion.

25 iii) The Tenderers are encouraged to further offer special discounts on account of any or all of the following conditions: a) Single order quantity/value discount. b) Cheaper or alternative mode of packing for bulk supplies without affecting the safety of the stores. c) Turnover discounts per annum/Annual Quantity or Value based discounts. d) Ex-works supplies discount.

All discounts shall be INCLUSIVE of taxes & duties. In cases of quantity discount on single order, turnover discount per annum or annual quantity/value based discounts, Ex-works supplies discount, if the manufacturer so indicates the same can also be exclusive of taxes & duties. iv) The tenderers must quote rates in figures and words for units specified in the schedule. In case of difference between the two, lower of the two will be applicable. v) No subsequent variation in rates will be allowed on grounds such as mistake, misunderstanding etc. vi) All taxes and levies as admissible should be separately quoted.Tenderers shall furnish the central sales tax rates applicable in respect of each item offered by them and also to mention separately the concessional rates chargeable against form “C” or “D”. Tenderers shall furnish the State Sales Tax rates and also surcharge on Sales Tax, if any, in respect of each item offered by them. vii) The Tenderers are prohibited from making any addition or alteration in the description and /or rates of the items mentioned in the schedule. They should either quote their rates for the stores described in the schedule or write words ‘no rates’ against the stores items not being quoted. In case the specifications/descriptions given by the Tenderers are incomplete, the specifications/descriptions given in the tender shall be taken as correct and binding for quality and specifications of supply. viii) The offers received with hedging conditions such as “Offers subject to availability of stock”, “Offers subject to confirmation at the time of order”, “Rates subject to market fluctuation” will be ignored. 4. Prices i) The tenderer shall quote firm prices on F.O.R Terms as mentioned in the tender schedule (item schedule). No other F.O.R. Terms shall be acceptable during the period of the contract including the extended period as provided in Clause 2 above. The acceptable FOR Terms for each procurement group are mentioned for individual procurement group & in item schedule. In such cases the only variation in the quoted prices as may be allowed will be the variation in the Government levies on finished products upon production of necessary documentary evidence to the satisfaction of the Secretary, SC (S&C) by the supplier in support of the claimed variation. Where, however, the Tenderer chooses to quote prices subject to price variation clause, it must give the cost structure and clearly spell out the basis of the formulation on which the price variation is to be calculated and accepted. Unless there is a price variation clause properly stated and accepted there shall be no upward revision in the prices during the subsistence of the contract except for the variation to the extent of Government dues made and established in the manner herein above provided. ii) In case price variation on account of variation in raw material prices, other input Costs and Government Levies is desired, the following “Price Variation Clause” shall be applicable to the contract. If any firm on existing contract with ASRTU offered reduced rate/s for any item/s in the tender for the next tender, such reduced rate/s along with discount structure offered in the fresh tender shall automatically be made applicable and circulated to all member STUs for the remaining period of the contract in force for such item/s w.e.f. the first of the Calendar month following that in which the tenders were opened, irrespective of the final outcome of the tender in respect of such firm. STUs shall adopt existing contract terms or reduced rate with discounts offered against fresh tender whichever is advantageous to the purchasing STUs. The rates must be quoted for items as per schedule and in that order. The offer may be ignored if this is not strictly followed.

Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) 26 iii) I - Price Variation (for items where no price variation formula available) a) No price increase shall be allowed for the first year of the contract period except on account of variation in the administered prices, Government Levies and Taxes. b) The prices however may be varied (increased or decreased) by the SC (S&C) based on the recommendations of the Price Revision Sub-Committee which shall weigh the Specific terms & conditions of contract relating to prices in respect of each procurement group, various indices, trends in the costs of raw material and conversion, the cost structure and the basic costing data provided by the tenderer while quoting and at the time of consideration for price variation. c) The validity period of each such price variation shall be determined by the Price Revision Sub-Committee. d) In the event of reduction of Govt. Levies, taxes and input cost during the pendency of the contract, the Secretary, SC (S&C) may notify by circulation to all the STUs suo-motu, such revised lower prices. The firm may furnish the details of such reduction in prices to ASRTU immediately. e) Any increase in the prices allowed by the PRSC shall remain firm at least for six months. II - Price Variation (for items where price variation formula available) Quarterly/monthly, as the case may be, price revision or as decided by ASRTU shall be allowed or as may based on index/price of major raw material input from the approved sources such as MoCI, IEEMA, HCL, HZL, MMTC, Rubber Board, GAIL, NALCO, other established sources etc. iv) Calendar of Price Revision The Price Revision Sub-Committee will consider cases relating to each procurement group according to a Calendar. While request for reduction in prices may be applied directly by the Secretary, SC (S&C), every request for increase in the prices by a contract holder shall be received 45 days in advance of the maturity date for consideration of the respective procurement group. 5. Samples For testing of samples/products, kindly refer Item No. 7 ii) of ‘General Information Regarding Contracts Established by ASRTU, New Delhi’. 5A) Samples tested under ASRTU Quality Monitoring Scheme (QMS) In order to monitor the quality of the existing approved vendor under ASRTU Quality Monitoring Scheme, minimum of two random samples for concerned Vehicle (make wise) application separately are to be tested during every contract period. The samples shall be collected by ASRTU/STUs preferably out of supplies and in case it is not possible to collect samples from supplies for valid reasons, the same could be collected from the firm’s production line. The test charges, the cost of samples, packing & forwarding charges and the incidental charges for samples tested under Quality Monitoring Scheme of ASRTU will be borne by the firm. However, the firm shall pay advance test charges as per Testing Charges Schedule of tender documents. 6. Earnest Money i) The tenderers have to pay Earnest Money Deposit (EMD) every time they participate in the tenders of ASRTU irrespective of the fact whether the EMD already deposited by them for previous tender was still lying with ASRTU or not. Any EMD lying against the previous tender(s) shall not be adjusted for the new tender and the same is refundable on written request by the firm giving relevant details of its previous EMD. The tender received without EMD shall liable to be rejected. Each tender must be accompanied by Demand Draft/Pay Order for Rs.10, 000/- for “A” Class items (as listed below) or Rs.6,000/- for “B” Classitems subject to revision from time to time in favour of “Executive Director, ASRTU, New Delhi” and any tender which is not accompanied by such DD/Pay Order will not be eligible to be considered. The Earnest Money will be refunded to the unsuccessful tenderer after the tenders have been settled. No interest shall be payable on the Earnest Money. The Earnest Money deposited will, however, 27 stand forfeited if the tender is withdrawn, before the acceptance or the rejection thereof by the Standing Committee (S&C). ii) If any firm remains out of contract and has not settled the reported admitted claim of STUs, then the EMD of the firm shall be forfeited by ASRTU. Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) iii) If any approved firm does not accept the terms & conditions of ASRTU Contract/Payment of advance Test Charges for issuance of contract, the EMD of the firm shall be forfeited by ASRTU. iv) On conclusion of Rate Contract / Trial Rate Contract by the Secretary, Standing Committee (S&C) the contractors, if so required shall deposit with ST Undertakings Earnest Money as may be specified by each S.T.Undertakings which shall be returned after the expiry of the period of Rate Contract / Trial Rate Contract provided that the amount so deposited shall be liable to be forfeited in case of withdrawal of Rate Contract / Trial Rate Contract by the contractor during the currency of the contract. S.T.Undertakings have the option to call for the deposits before placing orders under the Rate Contract / Trial Rate Contract. v) The list of “A” Class and “B” Class items is as under: “A” Class Items 1. Automotive Batteries 2. Brake Linings and Clutch Facings and their Rivets 3. F.I. Pump Parts 4. P.V.C Leather Cloth, Foam Leather Cloth & PVC Coated Polyester Fabric 5. Malleable, Sheet Metal, S.G. Iron, Foundry based Components, and Plastic (PP) Fan Assembly. 6. Clutch and Clutch Parts 7. Brake and Brake Parts and Brake Carriers 8. King Pins, King Pin Repair Kits & Components 9. Hubs & Drums and Fly wheel housing, Clutch housing & Gear Box Housing 10. Radiators and Cores 11. Thin Walled (Bimetallic) Bearings, Bushings & Thrust Washers 12. Latex/Polyurethane/Rubberised Coir Seat Cushions & Back rests 13. Spring & Spring Leaves 14. Ball, Taper & Needle Roller Bearings 15. Gaskets 16. Laminated safety glass & Toughened Safety Glass 17. Propeller Shaft, UJ Kits & Components 18. Piston Assys. & Piston Rings 19. Cylinder Liners 20. Crown Wheel & Tail Pinion Sets, Gears & Components 21. Engine Valve, Valve Guides and Valve Seat Inserts, Protective Sleeve and Valve Springs 22. Tyre, Tubes & Flaps 23. Tyre Retreading Materials (Precured Process) 24. Aluminium Sheets and Extruded Sections. 25. Luxury Passenger Seat & Driver Seat Assly. 26. Lube Oil, Gear Oil & Grease 27. Air Filter, Oil Filter & Diesel Fuel Filter Elements 28. Rubber Glazing 29. Paints Rests of Items are categorized as “B” Class Items.

7. Acceptance of Tenders The Standing Committee (S&C) does not bind itself to accept the lowest or any tender and may reject any tender or any part thereof without assigning any reason. The tenderer shall be bound to supply any stores selected from his offer and in part or whole at the option of the Standing Committee (Supplies & Contracts) and the Undertakings. 8 Tenders to Specifications

28 In case of tenders for Supply of stores to specifications as given in the tender, the tenders should be accompanied wherever necessary by the following: a) Test Certificate from Government/CIRT or any Recognized Laboratory;

Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C) b) Proof regarding supplies if made to chassis/engine manufacturers, State Transport Undertakings, defense establishments etc; c) Detailed analysis of the stores offered; and d) In case of tenders for supply of stores according to original equipment standard specifications, the specifications quoted will be construed to include latest modifications or replacements of the same stores. 9. Warranty Clause Whenever stores are offered on warranty basis, the warranty clause giving description and nature of warranty and basis of indemnity in case of failure must be clearly stated. Where warranty clause is specified in the tender, and no alternative warranty clause is indicated by the tenderers, the tenderers’ offer will be understood to be on the basis of warranty clause stated in the tender. 10. Delivery The Tenderers in relation to the date of the order should quote specific delivery period. However, maximum delivery period shall not exceed 90 days, where specific delivery period is not specified, tenderers shall supply as per delivery schedule mentioned by STUs. 11. Payment of Bills The Undertakings will normally make payment as per Payment Term as decided by SC (S&C) from time to time. 12 Disregard of Tender Conditions The Standing Committee (S&C) reserves to itself the right to disregard or reject any tender not conforming to any of the above-mentioned conditions. Tenderers will be deemed to have accepted the accompanying conditions of supply to govern the tenders when accepted. 13. Tenders from Manufacturers only The Tenders are to be filedby the manufacturer only. Tenders received from/filed by Sole Selling Agent or any distributor or by whatever name called other than the manufacturer shall not be considered and will be rejected. However, the manufacturer may furnish the details of their authorised distributor/sole agent, if any. Declaration – III for appointment of Sole Selling Agent/Sole Distributor duly executed by both Manufacturer and Authorised Sole Selling Agent/Sole Distributor shall be sent to ASRTU. 14. Brand Name of the product The Brand name offered should be the manufacturer’s own brand name only. The brand name of authorised distributor/Sole Agent will not be entertained. 15. Testing of products i) The firms approved on ASRTU contracts shall pay advance test charges as per Testing Charges Schedule of tender documents along with the tender for the sub groups for which they are already approved and they will be governed by the clause of ASRTU Quality Monitoring Scheme, failing which the fresh contract if decided by SC (S&C) to renew in their favour will not be issued. All the new entrants whose tenders are accepted and contracts awarded shall also pay advance test changes as mentioned above, failing which the contract in their favour will not be issued. ii) The firms approved on ASRTU contract shall pay test charges as per test charges schedule of tender documents for sub groups they are not approved but have quoted for such sub groups. If test charges are not received 29 along with tender as per aforesaid details then the offer of such firms for such item groups are liable to be rejected. Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

30 iii) For all new entrants, the test charges are required to be sent along with the tender as per the test charges schedule. Non-submission of test charges along with the tender will render the tender to be rejected. 16. Works Inspection i) All new entrants are required to submit Works Inspection Proforma (in duplicate) and Works Inspection Charges at the rate of Rs.2000/- per factory per location along with the tender, failing which the tender is liable to be rejected. ii) Firms approved on contract are also required to submit works inspection proforma (in duplicate) and works inspection charges at the rate of Rs.2000/- per factory per location along with the tender, failing which the fresh contract if decided by SC (S&C) to renew in their favour will not be issued. 17. Cost Escalation Details

The existing Rate Contract / Trial Rate Contract holders shall positively furnish along with the tender the cost escalation proforma duly filled in together with supporting documents, failing which the tender is liable to be rejected. 18. The Standing Committee (S&C) shall be free to accept or reject any tender without assigning any reason, amend any terms and conditions of tender and its decision in the matter shall be final. No correspondence shall be entertained in this regard. 19. ASRTU shall NOT be responsible for any delay or non-submission of charges/documents by the due date. 20. The tenderer shall not be able to submit e-bid after the closing Date & Time. 21. The Works Inspection Charges & Cost of Tender Documents paid by the Tenderers are non-refundable.

22. No tender shall be accepted by this office in other than electronic mode of tendering. Bid documents as mentioned in volume- 1and Undertaking shall be sent in electronic mode. Paper/Hard copy of the bid documents in volume – 1 shall not be accepted and the bid shall be rejected outright.

23. Tenderers must furnish details of all the payments in appropriate places of e-bid.

31 GENERAL CONDITIONS OF SUPPLY

Note: In This Document

‘Undertakings’ means the member of the Association of State Road Transport Undertakings.

‘Standing Committee (Supplies & Contracts)’ means the Standing Committee (Supplies & Contracts) of the Association of State Road Transport Undertakings and includes any officer duly authorized on its behalf.

‘Supplier’ means the party whose tender has been accepted by the Standing Committee (S&C).

1 Extent of Contract

The supplier shall during the period of Rate Contract/Trial Rate Contract supply to the Undertakings at the accepted price and on terms and conditions herein in quantities and at place/s as may be specified in the purchase order/s placed by the Undertakings, the stores in respect of which its tender has been accepted by the Standing Committee (S&C).

2(a) Failure to Supply and Risk Purchase Clause

If the supplier fails to supply any stores in accordance with the terms and conditions herein provided and those agreed with the Undertakings, or fails to replace the stores as may be rejected by the Undertakings, within the time stipulated, the Undertakings shall at the risk and cost of supplier and without any notice or reference to him be entitled to purchase such stores (of the same specifications) from any other source and at such price as the Undertakings shall in their sole discretion think fit and if such price shall exceed the rate set out in rate contract, the supplier shall be liable to pay to the Undertakings the difference between the price at which such stores have been purchased by the Undertakings and at the price set out in the contract plus 10% overheads. The risk purchase and payment of difference with overheads in terms thereof shall not absolve the supplier from the liability to pay damage as may be suffered and claimed by the Undertakings due to the failure of the supplier to make timely and proper delivery of the contracted stores. b) Force Majeure Clause

Provided however, if such failure referred to in clause (a) above shall have arisen from an act of God or disorganization of public transport, thunder, flood, earthquake or any other inevitable or unforeseen circumstances beyond human control including any cause directly or indirectly interfering with the supply of raw materials such as limitation of import license or any other cause which the Standing Committee (S&C) and or Undertakings may admit as reasonable ground for non-supply in time as may be justified by the circumstances of the case, the Undertakings may forego the claim for any such loss or damage. c) Liquidated Damages

If the contractor fails to deliver the stores or any installment thereof within the period fixed for such delivery or at any time repudiates the contract before the expiry of such period, the Undertakings may without prejudice to the other rights of the purchaser to recover damages for breach of the contract, recover from the contractor as agreed liquidated damages and not by way of penalty a sum equivalent to 2% of the price of any stores which the Supplier has failed to deliver within the period fixed for the delivery in the schedule for each month or part of a month during which the delivery of such store may be in arrears, where delivery thereof is accepted after expiry of the aforesaid period subject to the conditions that the damages to be calculated shall be limited to 10% of the value of delayed supplies. d) All claims for any price variation or price revision and all disputes arising on such claims between the supplier and the Undertakings shall be placed before and considered by the Price Revision Sub-Committee/Sub- Committee on claims or any official as may be specially appointed by the Standing Committee (S&C) for the purpose and the decision of the Committee or the official appointed on all such claims or disputes shall be final and binding on the supplier and the Undertakings.

32 e) Provided, however, the pendency of any claim or dispute on the price variation or price revision shall not relieve the supplier from the obligation to supply the contracted stores in accordance with the delivery schedule at the existing prices and all terms, conditions and consequences of Clause 2 of the General Conditions of Supply to the extent applicable, shall apply in full force and effect to any non-supply, withholding of supply, delayed supply by supplier on the plea of pendency of a claim or dispute or price variation or revision.

3. Quality of Stores a) The Stores supplied shall strictly conform to the specifications laid down and the approved samples if any. b) In the event of failure of random samples from supplies and from firm’s works (production line) tested at CIRT beyond the limit as may be prescribed by the SC (S&C) from time to time, the Standing Committee (S&C) shall have the right to take any of the following actions- (i) Deletion of item from the RC/TRC. (ii) Suspend/Terminate forthwith the Rate Contract/Trial Rate Contract (iii) Any other remedial measures as deemed fit.

4. Packing and Delivery of Stores

The supplier shall be responsible for proper packing and delivery of the stores and in the event of any loss, damage, breakage or leakage due to insufficient or defective packing, the supplier shall replace the stores or make good the loss on receipt of intimation thereof from the Undertakings and within the time specified in the intimation. The decision of Undertakings concerned as to whether the loss, breakage, or leakage has been caused due to insufficient or defective packing shall be final and binding upon the supplier. The Undertakings shall be at liberty to purchase such stores at the risk and cost of the supplier in the event of his failure toreplace the stores or make good their loss within the specified time of the intimation and the provision of Clause 2 above shall apply to such purchases. Delivery of the stores shall not be considered complete till they have been inspected, weighed, counted and passed by the Undertakings concerned.

5. Rejected Stores

If any stores are rejected by the Undertakings due to their not conforming to the prescribed specifications or the approved samples, or for any other valid reasons, the supplier shall be informed accordingly by the Undertakings by registered letter within 15 days of the delivery of the stores and the supplier will be allowed 30 days from the receipt of this communication to replace the rejected stores. If the stores are not replaced within this time the Undertakings shall return the rejected stores without any further intimation to the supplier on freight to pay basis and through Bank and if the advance payment has been made against the documents for the value of actual advance payment plus packing forwarding, insurance and freight at the time of returning the goods.

The supplier shall be bound to accept the documents sent through bank in such cases and its failure to do so shall constitute a breach of contract as will make the supplier liable for all costs and consequences and further remedial measures as may be taken by the S.T. Undertakings. If the supplier does not replace the rejected stores within the stipulated time, the Undertakings will be entitled to charge interest at 12% (twelve percent) on the net value of the rejected stores and further charge ground rent for storage at the rate equal to 1%(one percent) of the net value of the rejected stores.

On supplier’s failure to replace the rejected stores within the stipulated period as above, the Undertakings shall be free to purchase the stores from elsewhere unless already purchased under clause 4 above and the terms of risk purchase contained in clause 2 shall apply to all such purchases. Should the supplier fail to replace/lift the rejected stores within 45 days of the intimation of their rejection communicated in writing, the Undertakings shall have the right to sell the rejected stores by public auction with notice thereof given to the supplier and the sale proceeds after adjusting all dues, expenses and costs including costs involved in the auction shall be credited to the supplier and adjusted against advances, if any, made to the supplier on the supplies.

33 6. Testing of Random Samples from Supplies

Random samples from the consignment will be taken and tested either at the Central Institute of Road Transport or in Government Test House or any other recognized laboratory or Institute as may be selected by the Undertakings and/or by the Standing Committee (S&C). The supplier thereto shall pay the test charges and incidentals where the test results are unsatisfactory. The Undertakings concerned may also without prejudice to their other rights as purchasers take following action where the test results are unsatisfactory. i) Reject the entire consignment from which the random samples taken had failed in the test and call upon the supplier to take back the rejected consignment as per the procedure prescribed in Clause no.5 of Rejected Stores above. ii) Purchase from elsewhere the supplies found defective without any notice on the account and at the risk of the supplier. iii) No advance payment may be made to the supplier on future consignment, if any, the Undertakings may decide to purchase from such suppliers. iv) STUs reserve the right to levy penalty/claim damages based on the shortfall in specification as per the procedure of Appendix ‘E’

7. Wharf age Charges

In case the documents are retired by the Undertakings within three working days of the intimation received from the bank concerned, the Undertakings shall not be held responsible for payment of wharfage even if the consignment in question actually reached the destination before the retirement of the documents or within 48 hours of the retirement of the RR. The Undertakings would however pay wharfage or demurrage if they do not take delivery within three working days of receipt of RR. Any wharfage or demurrage that may accrue before this period shall be recovered from the supplier.

8. Payment of Bills

The Undertakings shall make payment against the bills submitted by the supplier according to the accepted terms of payment. The present payment terms are asunder-

Payment Terms The Standing Committee (S&C) has finalized Standard set of Payment Terms as follows which will be applicable to all firms:

Payment Terms for the firms on Contract 2% Cash discount on total invoice value for 100% payment through bank, if documents are retired by STUs within 15 days from the date of receipt of the intimation from the collecting bank or 15 days from the actual date of receipt of consignment at the destination (at transporter’s go down) whichever is later. The firm shall also furnish the security deposit to the extent of 5% in case of Rate Contract holder firm and 7.5% in case of Trial Rate Contract holder firm, of the value of the orders or Rs.75,000/- whichever is lower, if asked by the STU. The Security deposit could be in the form of bank guarantee. Bank Commission/Charges, if any will be borne by the firm. Notwithstanding the above clauses, the STUs are left with the option of deciding/negotiating the value of security deposit based on the quantum and value of the orders placed by them as also to negotiate with the supplier for any other payment terms as per their requirements. Where the Tenderer experiences difficulties in realizing payment from member Undertakings, it may choose to request the Chief Executives of the member Undertakings concerned and also the Secretary, Standing Committee(S&C). If the payment still remains outstanding the contract holder has the following remedies;

34 Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

1) It may, if the payment remains outstanding for more than one month, give notice to the Chief Executives of concerned Undertakings asking for immediate payment and advise them that future supplies would be made only with 100% payment terms. The supplier shall be allowed to apply 100% Payment Terms on all future supplies to concerned STUs only till the dispute regarding outstanding payment is resolved and after that the supplier shall automatically revert back to the existing approved payment terms for future supplies.

2) Even after such a notice, if the outstanding continues for another month, it may give notice to the concerned Undertaking by charging interest at 12.00% p.a. on such amount remaining outstanding. 3) It may invoke Arbitration Clause as mentioned at Clause 13 of General Conditions of Supply in those cases where STU concerned and the supplier have agreed to the applicability of this clause.

9. Subletting of Contract

The supplier shall not assign or sublet the contract or any part thereof or any interest therein without the written permission of the Standing Committee (S&C) and on breach of this provision the Standing Committee (S&C) may forthwith terminate the contract and also take such remedial measures as it may think fit.

10. Security Deposit

The Supplier shall deposit security deposit with the Undertakings as required by them according to their procedure as may be required by the Undertakings.

11. Payment of Secretarial Administrative Rebate

A) The supplier shall pay 2% Secretarial Administrative Rebate, unless otherwise specified, on value of invoice (Basic Rate + Excise Duty and exclusive of ST & other Taxes, if any) on all supplies made to the STU. The payment of 2% rebate to ASRTU includes the following situations:

i) Supplies made against the Rate Contract/Trial Rate Contract finalized by ASRTU. ii) Supplies made against the tenders invited by STUs for same or slightly modified specification of ASRTU. iii) Supplies made against negotiated rates, turnover discounts etc. finalized by STUs.

B) Minimum Amount of Rebate Payable to ASRTU

All the suppliers/contract holders shall pay a sum equivalent to 2% (two percent) on all supplies made to the ST Undertakings as mentioned in 11 (A) above. However, it is essential for all the contract holders to pay a minimum secretarial administrative rebate to ASRTU irrespective of the sales made by the firm to STUs in the following manners

i) For “A” class items, the contract holder shall pay a minimum rebate of Rs. 10,000/- per contract for two years contract period.

ii) For “B” class items, the contract holder shall pay a minimum rebate of Rs. 6000/- per contract for two years contract period.

iii) Long Term Contract holders shall pay minimum rebate of Rs. 1 lac per annum.

Note: In case of issue of contract for the period of one year i.e. of deferred cases, the value of minimum rebate required to issue contract would be 50% of the amount stated above at 11 (B)-(i) & (ii)

C) Provisions of Incentive/Penalty for Rebate Payment i) To relieve hardship to suppliers, a provision has been made that supplier can pay secretarial rebate to ASRTU on the basis of actual PAYMENT RECEIVED by them during the quarter. However, for the supplies made during the quarter and if payment is not received in the same quarter, the supplier can release the rebate payment in the quarter when the payment is actually received.

35 Sr TO (Tender Cell) AD (Rate Contract) Auditor Secretary, SC (S&C)

ii) The rebate payment to ASRTU shall be accompanied with the information in the prescribed proforma in respect of the payment received from Member STUs during the respective quarter along with the requisite certificate by the supplier’s auditor. iii) The Rebate payment along with requisite information/certificate shall be provided to ASRTU office within one month from the end of the respective quarter. An incentive of 5% of the rebate amount paid within the prescribed time of one month will be refunded to the firm. The incentive is refundable only on receipt of DD/Pay Order/Cheque in ASRTU during working days & working hours before last day of the next month. iv) The payment of rebate shall be made by way of Demand Draft/Local Cheque payable at New Delhi and no outstation cheque will be accepted. v) If the supplier fails to make the payment of rebate within one month from the end of the quarter, a notice shall be issued indicating that “if it fails to make the payment within two months from the end of the quarter, simple interest @ 12% thereafter will be levied on the delayed payment.” vi) In case supplier fails to make the rebate payment within two months, a formal circular may be sent to clear the outstanding amount of rebate with simple interest @ 12% effective from the first day after completion of the two months period. vii) If the supplier fails to make payment even within six months from the date of completion of the quarter, their contract (RC/TRC) may be converted into provisional contract for the period of 3 months stating the reason that “due to non-payment of ASRTU secretarial rebate, the contract is converted into provisional contract.” However, the levy of 12% interest will continue during the provisional contract period also. viii) If the supplier finally fails to pay the rebate amount even during the provisional contract period i.e. within the 9 months of completion of the quarter, the contract thereafter may besuspended, giving one-month prior notice. Simultaneously, the purchasing STU shall berequested to deduct an amount equivalent to estimated value of Rebate from the payment due to the firm and sent to ASRTU under intimation to the firm. Consequently the ASRTU shall forfeit EMD of such firms.

ix) Restoration of the original status to such supplier will only be with approval of SC (S&C) and on full clearance of all dues of ASRTU with interest for delay in payment.

12. Fall Clause a) If lower rates and/or better terms than those agreed with the Standing Committee (S&C) are offered by any supplier to the Undertakings during the currency of the contract, such lower rates and/or better terms and conditions shall become ipso- facto applicable to all the contracts with the Undertakings entered into by the supplier pursuant to the Rate Contract/Trial Rate Contract issued by the Standing Committee (S&C) and the prices and the terms and conditions of supply shall automatically stand accordingly changed with effect from the date of offer of lower rates and/or better terms by the supplier irrespective of the supplies made to Undertaking against the offer. An AFFIDAVIT to this effect in the format at Annexure – AT shall have to be provided by the tenderers.

If however such lower rates and/or better terms are offered by the supplier to the Undertakings without informing the Standing Committee (S&C) within 30 days from the date of offer to STU, such lower rates with preferential reduction of Five Percent (5%) of the contracted rate together with better terms offered shall become ipso-facto applicable to all orders placed with the supplier by the undertakings. In such case the supplier may also invite the penalty of having his name removed from Rate Contract/Trial Rate Contract by the Standing Committee (S&C). b) Any firm on contract with Standing Committee (S&C) which offers lower rates or better terms to any STU during the currency of the contract either directly or indirectly through an associate company or distributor etc. shall be liable to be disqualified to be on contract with ASRTU, if it fails to advise Secretary Standing Committee (S&C) of such better terms and prices but in any case not later than 30 days from the date of offer to the STU.

36 c) The purchasing STU shall ensure that the details of lower rates and/or better terms than those agreed with the SC (S&C) are duly communicated to ASRTU without delay.

13. Arbitration Clause

Any dispute arising between the supplier & Association of State Road Transport Undertakings or connected with any matter covered by these conditions and/or the Rate Contract/Trial Rate Contract remaining unresolved by the mediation by the Secretary, SC (S&C) and after due hearings by the Sub-Committee on Claims shall be referred to the sole Arbitration of the Chairman of the Standing Committee (S&C) whose decision shall be final and binding on the parties. The provisions of the Arbitration Act shall apply to the adjudication of all such disputes.

Notwithstanding pendency of any dispute, the supplier shall subject to the Undertakings concerned wanting it to do so continue to make the supplies as ordered. This Clause shall not be applicable to any dispute as may arise between the supplier and Undertakings on or connected with the Rate Contract/Trial Rate Contract unless expressly agreed by them.

14 Service of Notice

Any Notice required to be given under any of the foregoing Clauses or under the Rate Contract/Trial Rate Contract shall be deemed to have been given and served if sent to the supplier by registered Post/ Speed Post/Courier at the address given in the tender form or at any other address subsequently notified by the supplier.

15. The Standing Committee (S&C) on breach of the provisions of the contract and/or on unsatisfactory performance of the contract by the supplier may forthwith terminate the contract and also take such remedial measures as it may think fit.

16. Minimum Ordering Quantity and Value for the Contracts on F.O.R. Destination basis

1. For consignment value less than Rs.20,000/- for a single destination will be treated as Ex-Works basis i.e. freight, packing & forwarding, transit insurance and bank charges will be applicable as extra. 2. For consignment value above Rs.20,000/- F.O.R. Terms applicable will be F.O.R. destination, i.e. freight, packing & forwarding, transit insurance and bank charges will be borne by the supplier.

For such items for which tenders are invited on Ex-Works basis, Ex-Works term will be applicable irrespective of the consignment value. The above terms and conditions shall apply to all orders for supplies as may be placed by the Undertakings on supplier pursuant to tender for Rate Contract/Trial Rate Contract invited and accepted by the Standing Committee (S&C).

17. a) The offer of the firms for quantity, volume and turnover linked discount/reduction in prices during the pendency of contract shall be accepted in case such subsequent discount/reduction in prices is equal to or above 2% from their basic prices.

b) Such reduced rates/discounts shall remain in force till the end of the contract.

c) In case a firm offered such discounts/reduction in rates, the firm shall not be eligible for price increase for the period of minimum one year except in respect of contracts where prices were adjusted quarterly. The request for price increase shall only be considered after one year as per the calendar of Price Variation Clause.

d) For the extension of existing discounts/reduction in rates, criteria mentioned above at (a), (b) & (c) shall be made applicable.

37 e) In respect of offer of a firm for the change in existing discounts slab the net benefit to STU shall be worked out. Such offer shall be accepted as per the criteria mentioned above at (a), (b) & (c).

f) In respect of the offer from the firm to STUs for discount/reduction in rates, which are not in line with the above criteria, STUs and firms shall be informed regarding non-acceptability of such offer. Rate Contract/Trial Rate Contract issued by the Standing Committee (S&C) and the prices and the terms and conditions of supply shall automatically stand accordingly changed with effect from the date of offer of lower rates and/or better terms by the supplier irrespective of the supplies made to Undertaking against the offer.

18. a) The tenderers who are regular O.E suppliers to M/s Tata Motors / Ashok Leyland/ Both / well established with impeccable brand image can furnish their printed price list and declare the maximum discount applicable on MRP. They shall also have to indicate Sr. No of their price list in the item schedule.

b) For those Items that are not in the item schedule but are in the price List of the tenderer, the tenderer shall clearly spell out whether the discount is applicable to such items also.

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