Providing of One Number of Diesel Tata Indica Car Or Equivalent Make

Providing of one number of Diesel Tata Indica Car or equivalent make

(White Colour & Non AC) of Model 2015 with driver, fuel and

lubricants (POL) on hire basis for office duties of

Superintending Engineer (Civil), KPCL, Ambikanagar

for a period of two years & further one more year after satisfactory

services from reputed bidders/ travel agencies.

EXECUTIVE ENGINEER (MSP) A

KARNATAKA POWER CORPORATION LIMITED

AMBIKANAGAR- 581363

U.K DISTRICT

KARNTAKA POWER CORPORATION LIMITED (A Government of Karnataka Enterprises) KALINADI HYDROELECTRIC PROJECT- STAGE-I Office of Executive Engineer (Machinery Stores Purchase) Ambikanagar Phone: 08284-258 681, Fax No: 08284-258640, Cell: 9449599113

Tender Notification No: KPCLA/CPS CAR-2015 DATE: 01.09.2015

Tenders in two covers are invited by Executive Engineer (MSP)A, KPCL Ambikanagar through “e” Procurement Portal (Website URL:https://eproc.karnataka.gov.in) for “Providing of one number of Diesel Tata Indica Car or equivalent make (White Colour & Non AC) of Model 2015 with driver, fuel and lubricants (POL) on hire basis for office duties of Superintending Engineer (Civil), KPCL, Ambikanagar for a period of two years & further one more year after satisfactory services from reputed bidders/ travel agencies.”

1.0 Instructions regarding e- procurement

The bid is to be submitted in the GOK e-procurement platform www.eproc.karnataka.gov.in system only. Bidders, who have not registered in e-procurement portal, may do so by registering through web site www.eproc.karnataka.gov.in

i. The Pre-qualified bidders can access bid documents on the web site, fill them and submit the completed bid documents in to electronic tender on the website itself within the stipulated date. The blank bid documents can be accessed through e-procurement portal web site www.eproc.karnataka.gov.in.

ii. Bidders shall attach scanned copies of all the certificates pertaining to the pre-qualification requirement as mentioned under “pre bid qualification requirements” clause. Whenever required, bidders shall furnish the original certificates to the KPCL authorities, failing which, the bidder will be disqualified.

iii. Conditional bids, incomplete bids without EMD, bids not properly uploaded and late submission of bids shall be rejected.

iv. Bidders shall refrain from altering/modifying/revising the price bids after the date and time fixed for submission of bids in the calendar of events even though if it is accepted by the portal. Date and time stamp of the portal shall be final in deciding the time and date of submission of bid. Decision of the Corporation in this regard is final and acceptable to all the bids.

v. Earnest Money Deposit (EMD) of Rs.15,000 (Rupees Fifteen Thousand Only) and tender processing fee should be paid online through e-Procurement portal using any of the payment modes like Credit Card, Direct Debit, National Electronic Fund Transfer (NEFT), Over the Counter (OTC). The transaction fee is non-refundable.

2.0 BRIEF SCOPE OF WORK:

Providing of one number of Diesel Tata Indica Car or equivalent make (White Colour & Non AC) of Model 2015 with driver, fuel and lubricants (POL) on hire basis for office duties of Superintending Engineer (Civil), KPCL, Ambikanagar for a period of two years & further one more year after satisfactory services from reputed bidders/ travel agencies.

3.0 PRE-BID QUALIFICATION:

3.1 The intending bidder should have the following registration and in proof of that, the Photostat copies shall be furnished along with the tender.

i) Service Tax registration certificate.

ii) Contractors PAN number and proof there of.

iii) Independent PF code

The contractor has to make contribution to ECPF as per statutory regulations. The contractor shall invariably quote his independent PF code number.

iv) Form of Tender filled up.

3.2 Those bidders whose contracts have been terminated / fore-closed by KPCL or whose performance has not been satisfactory while executing the contract of the above with in the last TEN years are not eligible to participate in the bid.

3.3 The bidder should own the specified vehicle of model 2015 / should produce proof for having booked new vehicle in the year 2015 with the authorized dealers.

4.0 The tender shall be submitted in TWO PART (TWO COVER SYSTEM) only

The Bidder should upload scanned copies of the following documents.

4.1 COVER-I (Technical Bid)

a. The declaration by the bidder that none of his contracts have been terminated/foreclosed on account of his default in KPCL or else where during last TEN years as given in the form of tender.

b. All copies of PAN, Independent PF code, service tax registrations etc as mentioned in PQR above.

c. The bidder upload RC books in case of own vehicle of model 2015 / should upload the proof for having booked new vehicle in year 2015 with the authorized dealers, Form of tender, Service tax declaration all duly signed with seal.

4.2 COVER-II (Price Bid)

Price Schedule only (Price Bid).

i. Bids submitted within the scheduled date and time shall only be eligible for further processing of the bids. Any bid submitted after the date and time specified shall be rejected even if it is accepted by the e-portal. Date and time stamp of the e-portal system shall be final in deciding the time of submission of bid. Decision of the Corporation in this regard shall be final and acceptable to all the bidders.

ii. PRICE BID Document shall be Uploaded in e-procurement portal only in the space provided for uploading “ FINANCIAL BID DOCUMENTS” in the website itself.

5.0 The EMD shall be valid for 180 days from the date of bid opening (cover-1).

6.0 The intending Bidders shall upload all the documents along with the application.

7.0 After evaluation of Technical Bids and whose offer meet the PQR and technical specification of the tender/bid in complete manner only such bidders' Financial bids will be opened.

8.0 The bidder shall quote in Indian Rupees only.

9.0 Calendar of events: (Tender Schedule)

Date of uploading the tender document by KPCL 01.09.2015

Last Date & Time for On-Line Submission of tenders 16.09.2015 16:00 Hrs

Date & time of opening of Technical Bid (Cover-I) 18.09.2015 10:00 Hrs

Date &time of opening of Financial bid (Cover –II) Would be intimated later

10.0 BID VALIDITY: The validity of the bid shall be 180 days from the date of opening of the Technical bid (Cover-I) or extended period till the Bids are evaluated.

12.0 Bid documents cannot be accessed by such of the Bidders whose EMD has been forfeited or contracts have been terminated or foreclosed, on account of their default in KPCL.

13.0 KPCL reserves the right to verify any information / documents furnished by the bidder, should the circumstances so warrant in the overall interest of Corporation. In case the information or the documents furnished are found to be incorrect or invalid, then the EMD furnished by such bidders will be forfeited.

14.0 KPCL reserves the right to accept or reject any or all the bids, without assigning any reason thereof. However the reasons for rejection will be recorded as per KTPP Act.

15.0 Corrigendum/ Modification/Corrections, if any will be published in the website only, for any clarification on e-procurement, request for e-procurement training, bidders can contact HELP DESK:- 080-25501216 /25501227.

16.0 Detailed notification containing Pre-Qualification requirement can also be viewed on KPCL web site, www.karnatakapower.com, however agencies are requested to contact under signed for further details during office hours.

Executive Engineer (Machinery Stores Purchase) A Karnataka Power Corporation Limited Ambikanagar-581 363 Haliyal – Tq, N.K Dist, Karnataka Ph No :08284 - 258681 Fax No :08284 - 258640 Web Site:www.karnatakapower.com

Note: The above Notification is subject to changes from time to time. Viewers are requested to contact the authorized person / office indicated in the Notification for the authentic prevailing version. The management does not take any responsibility for any consequences arising out of any acts or forbearance on the part of third parties on the basis of the above Notification.

Executive Engineer (MSP) A Karnataka Power Corporation Ltd.,

Cc: Deputy Commissioner, The District Tender Bulletin officer, Karwar for kind information. : EDCC for kind information with a request to arrange for publication in Local Newspapers. : ECEC for kind information : SE (CSD) for kind information with a request for publishing detailed notification in KPCL website. : CPS for kind information. : AGM (F) K-1 for information. : AEE-M1/AAO for information.

CONTENTS

Section No. Description

1 INVITATION FOR TENDERS (IFT)

2 INSTRUCTIONS TO TENDERERS (ITT)

3 FORM OF TENDER & PRE QUALIFICATION REQUIREMENTS

4 GENERAL CONDITIONS OF CONTRACT (GCC)

5 SPECIAL CONDITIONS OF CONTRACT (SCC)

6 SERVICE TAX DECLARATION

7 PRICE BID

8 DECLARATION

SECTION 1

INVITATION FOR TENDER (IFT)

The Executive Engineer (MSP)A invites tender for the works of Providing of one number of Diesel Tata Indica Car or equivalent make (White Colour & Non AC) of Model 2015 with driver, fuel and lubricants (POL) on hire basis for office duties of Superintending Engineer (Civil), KPCL, Ambikanagar for a period of two years & further one more year after satisfactory services from reputed bidders/ travel agencies.

1. The bid is to be submitted in the GOK e-procurement platform www.eproc.karnataka.gov.in system only. Bidders, who have not registered in e-procurement portal, may do so by registering through web site www.eproc.karnataka.gov.in

2. i. Tenders must be accompanied by Earnest Money Deposit (EMD) of Rs.15,000/- (Rupees Fifteen Thousand Only)

ii. Tender processing fee should be paid online through e-Procurement portal using any of the payment modes like Credit Card, Direct Debit, National Electronic Fund Transfer (NEFT), and Over the Counter (OTC). The transaction fee is non-refundable.

3. i. The Pre-qualified bidders can access bid documents on the web site, fill them and submit the completed bid documents in to electronic tender on the website itself within the stipulated date. The blank bid documents can be accessed through e-procurement portal web site www.eproc.karnataka.gov.in

iii. Conditional bids, incomplete bids without EMD, bids not properly uploaded and late submission of bids shall be rejected.

Executive Engineer (MSP) A Karnataka Power Corporation limited

SECTION 2

INSTRUCTIONS TO TENDERERS (ITT)

Table of Clauses

A. General

Scope of Tender Eligible Tenderers

B. Tender Documents

Content of Tender documents Amendment of Tender documents

C. Preparation of Tenders

Documents comprising the Tender Tender prices Tender validity Earnest money deposit Format and signing of Tender

D. Submission of Tenders

Sealing and marking of Tenders Deadline for submission of Tenders Late Tenders Modification and Withdrawal of Tenders

E. Tender opening and evaluation

Tender opening Process to be confidential Clarification of Tenders Examination of Tenders and determination of Cresponsiorrectiovneness of e rrors Evaluation and comparison of Tenders

F. Award of contract

Award criteria Employer’s right to accept any Tender and to Notification of award and signing of Agreement Secrejecturity any de orp oallsit Tenders Corrupt or Fraudulent practices

A. General

1. Scope of Work for Tender

1.1 This tender notification is issued for the work of Providing of one number of Diesel Tata Indica Car or equivalent make (White Colour & Non AC) of Model 2015 with driver, fuel and lubricants (POL) on hire basis for office duties of Superintending Engineer (Civil), KPCL, Ambikanagar for a period of two years & further one more year after satisfactory services from reputed bidders/ travel agencies. However, the contract period may be extended by one more year under same rates, terms and conditions at the exclusive discretion of KPCL depending on the condition of vehicle and performance of the contractor.

1.2 The vehicle shall confirm to the following specifications:

a. One number of Diesel Tata Indica or Equivalent make Car b. The vehicle shall be 2015 model only. c. The vehicle shall be registered as yellow board vehicle. d. The vehicle shall be provided with a sign board “ON DUTY WITH KPCL” in front and rear side of the vehicle. e. The vehicle shall be registered either in the name of the bidder or of the company in which bidder shall have substantial stake. f. The vehicle shall always be provided with floor mats. g. The vehicle shall comply with all other requirements of MV act / MV rules with latest amendments. The vehicles shall carry yellow number plate and have the cover of motor vehicle comprehensive insurance policy. h. The vehicle shall be maintained mechanically in sound condition.

2. Eligible Tenderers

2.1 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Karnataka. 2.2 Tenders from Joint ventures are not acceptable.

2.3 Bidders shall meet Pre qualifying requirements.

B. CONTENTS OF TENDER DOCUMENTS

3. Amendment of Tender documents

3.1 Before the deadline for submission of tenders, the KPCL may modify the tender documents by issuing addenda in e-portal.

3.2 Any addendum thus issued shall be part of the tender documents.

3.3 To give prospective tenderers reasonable time in which to take an addendum into account in preparing their tenders, the KPCL may extend as necessary the deadline for submission of tenders.

3.4 The general & special terms & conditions, Instructions to tenderers (ITT), tender form, price bid, PQR documents etc all form contents of this tender.

C. PREPARATION OF TENDERS

4 Documents comprising the Tender

4.1 The tender submitted by the Tenderer shall comprise the following:

(a) The Tender Form (in the format indicated in Section 3). (b) Earnest Money Deposit (c) Priced BID (d) Qualification information and any other materials required to be completed and submitted by tenderers in accordance with these instructions. The documents listed under Sections 6, 7 and 8 shall be filled in without exception and must be uploaded.

5. Tender prices

5.1 The rate quoted by the bidder shall be deemed to be all inclusive with respect to taxes, duties, wages, POL & other related maintenance and miscellaneous costs etc. under the contract. KPCL will pay only hiring charges at accepted rates of successful bidder's price schedule.

5.2 The rates and prices quoted by the Tenderer shall be fixed for the duration of the Contract and shall not be subject to adjustment on any account except fuel escalation as specified hereunder.

5.3. Fuel price variation: The Hire Charges (Running charges) per kilometer shall be subjected to adjustment in case of increase / decrease in the price of HSD.

The following Price Variation formula shall be applicable:

Hire charge escalation per Km (R1) = (P1 – P)

R1: Revised escalation charges on account of increase/decrease in HSD prices in Rs. per Km

P: Price of HSD prevailing at the nearest filling station as on the last date of submission of tender

K: Mileage of the vehicle i.e., No. of Kilometers covered per the liter of diesel. K= 18.

P1: Revised price of diesel.

Note: (1)

The tenderers shall ascertain the “HSD” Price prevailing at the nearest filling station as on the last date of submission of tender and indicate the same in their bid. The amount shall be calculated on per Km basis and shall be paid for the kilometers run from date of variation (increase/decrease) in HSD price hike. The proof of “HSD” Price prevailing at the nearest filling station shall be furnished compulsorily.

(1) The effective running charges formula will be as below:

[(Fixed charges per month) + (applicable extra Km x rate/extra km run) + (extra hour charges if any) as per the accepted rates + (R1 x Kms. Run from the date of variation (increase/decrease) in HSD price + (Halting charges if any)]

(2) Effective date: The variation in price of HSD is payable / recoverable from date on which the revision of price is applicable at the nearest filling station (on production of proof by bidder).

Note: (2)

a) Fixed charges shall however remain firm throughout the contract period or the extended contract period thereof and no additional claim/variation will be admitted in this regard. b) The price variation is applicable only on the diesel component as per the above stipulations from the date of such price variation. The revised charges shall be per kilometer. No price variation is payable on account of any other component of the expenditure. The revised charge on diesel price variation shall be paid for the kilometer covered during the month from the effective date. c) HSD price variation Bills will be admitted only on production of documentary evidence for verification. 6. Tender validity

6.1 Tenders shall remain valid for a period of 180 days from the date of opening of the technical bid (cover-I). A tender valid for a shorter period shall be rejected by the KPCL as non-responsive.

7 Earnest money deposit

7.1 a. Tenders must be accompanied by Earnest Money Deposit (EMD) at the rate of Rs.15,000 which should be paid online through e-procurement portal using any of the following payment modes.

i) Credit Card ii) Direct Debit iii) National Electronic Fund Transfer (NEFT) iv) Over the counter (OTC) (only through designated branches of Axis Bank.

b. Tenderers may note the fact that their registration with any other authority do not entitle them for exemption from payment of EMD as above. 7.2 The earnest money deposit of unsuccessful bidders will be returned only after the award of contract and entering into an agreement with successful bidder.

7.3 The earnest money deposit of the successful Tenderer will be discharged when the Tenderer has signed the Agreement.

7.4 The earnest money deposit may be forfeited:

a) If the Tenderer withdraws the Tender after tender opening during the period of tender validity;

b) In the case of a successful Tenderer, if the Tenderer fails within the specified time limit to sign the Agreement

D. SUBMISSION OF TENDERS

8. Format and signing of Tender

The Tender is to be submitted in the GOK e-procurement platform www.eproc.karnataka.gov.in system only. Bidders, who have not registered in e-procurement portal, may do so by registering through web site www.eproc.karnataka.gov.in the tender shall be submitted only through e portal.

9. Sealing and marking of tenders:

9.1 The tender shall be submitted only through e- procurement portal www.eproc.karnataka.gov.in

E. TENDER OPENING AND EVALUATION

10 The KPCL will open all the Tenders received in the presence of the Tenderers or their representatives who choose to attend at EE (MSP) A office as per the timings and date specified in the e portal. In the event of the specified date of Tender opening being declared a holiday for the KPCL, the Tenders will be opened at the appointed time and location on the next working day.

11 Clarification of Tenders

11.1 To assist in the examination, evaluation, and comparison of Tenders, the Employer may, at his discretion, ask any tenderer for clarification of his Tender, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Tender shall be sought, offered, or permitted.

11.2 Subject to sub-clause 11.1, no tenderer shall contact the Employer on any matter relating to its Tender from the time of the Tender opening to the time the contract is awarded. If the Tenderer wishes to bring additional information to the notice of the Employer, it should do so in writing.

12. Examination of Tenders and determination of responsiveness

12.1 Prior to the detailed evaluation of Tenders, the KPCL will determine whether each Tender (a) meets the eligibility criteria defined in Clause 2; (b) has been properly signed; (c) is accompanied by the required earnest money deposit and; (d) is substantially responsive to the requirements of the Tender documents.

12.2 A substantially responsive Tender is one which conforms to all the terms, conditions, and specifications of the Tender documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the Tender documents, the Employer's rights or the Tenderer's obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders.

12.3 If a Tender is not substantially responsive, it will be rejected by the KPCL, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

13. Correction of errors

13.1 Tenders determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

(a) Where there is a discrepancy between the rates in figures and in words, the lower of the two will govern; and

13.2 The amount stated in the Tender will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount the Tender will be rejected, and the earnest money deposit may be forfeited.

14. Evaluation and comparison of Tenders

14.1 The Employer will evaluate and compare only the Tenders determined to be substantially responsive in accordance with Clause 12.

14.2 In evaluating the Tenders, the Employer will determine for each Tender the evaluated Tender price.

14.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer. Variations, deviations and alternative offers and other factors which are in excess of the requirements of the Tender documents or otherwise result in unsolicited benefits for the Employer shall not be taken into account in Tender evaluation.

F: AWARD OF CONTRACT

15 Award Criteria

15.1 Subject to Clause 14, the Employer will award the Contract to the Tenderer whose Tender has been determined to be substantially responsive to the Tender documents and who has offered the lowest evaluated Tender Price, provided that such Tenderer has been determined to be (a) eligible in accordance with the provisions of Clause 2. 15.2 In case of same rate quotations, selection will be on the basis of lottery system. KPCL reserves the right to split the contract and award to more than one bidder at the lowest quoted price after negotiation with the bidders.

16 Employer's right to accept any Tender and to reject any or all Tenders 16.1 Notwithstanding Clause 17, the Employer reserves the right to accept or reject any Tender, and to cancel the Tender process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer or Tenderers or any obligation to inform the affected Tenderer or Tenderers of the grounds for the Employer's action.

17 Notification of award and signing of Agreement 17.1 The Tenderer whose Tender has been accepted will be notified of the award by the Employer prior to expiration of the Tender validity period, confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the KPCL will pay the Contractor in consideration of the work carried out by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the "Contract Price").

17.2 The Agreement will be kept ready for signature of the successful Tenderer in the office of EE (MSP) A, KPCL Ambikanagar within 30 days following the notification of award along with the Letter of Acceptance (LOA). Within 20 days of receipt of LOA, the successful Tenderer will sign the Agreement and deliver it to the Employer.

18. SECURITY DEPOSIT

18.1 a) For the due and faithful performance of the contract the successful tenderer shall be required to furnish a “Performance Guarantee” in the form of security deposit. Deduction of 10% of the monthly hire charges will be made from the contractor’s bills throughout the contract period. The amount deducted from monthly bills will be returned after completion of contract. In case of extension of contract period, the amount deducted from the monthly bills held towards Security Deposit and will be returned after completion of the extended contract period. Security Deposit will be returned to the Contractor on successful completion of the contract duly adjusting the dues if any.

Performance of Contract: The Contractor shall carry out the specified work to the satisfaction of the Corporation. In case of unsatisfactory performance of the contractor, the Corporation reserves the right to cancel the contract and the Security Deposit held by KPCL will be forfeited.

b) No interest is payable on the EMD or Security Deposit held by corporation as “Performance Guarantee”

18.2 Failure of the successful Tenderer to comply with the requirements of Sub-Clause 18.1(a) above shall constitute sufficient grounds for cancellation of the award and forfeiture of the earnest money deposit.

19 Corrupt or Fraudulent practices

19.1 The KPCL requires that the tenderers observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, KPCL:

(a) Will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

(b) Will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a KPCL contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a GOK / KPCL contract.

Tenderer’s Sign & seal

PRE QUALIFICATION REQUIREMENTS:

1. The tenderer shall produce copies of Service Tax Registration Certificate, PAN Number, TIN number.

2. The tenderer should possess Independent PF code.

3. Bidder shall produce the vehicle purchase Booking Receipt for the year 2015 for which bidding is made.

4. If 2015 model vehicle is already owned by the bidder, the RC book copy shall be attached.

SECTION 3

FORM OF TENDER

(Must be uploaded without fail or else the bid is liable to be rejected)

Description of the Works: The work of Providing of one number of Diesel Tata Indica Car or equivalent make (White Colour & Non AC) of Model 2015 with driver, fuel and lubricants (POL) on hire basis for office duties of Superintending Engineer (Civil), KPCL, Ambikanagar for a period of two years & further one more year after satisfactory services from reputed bidders/ travel agencies.

To, Executive Engineer (MSP)A Karnataka Power Corporation Limited Ambikanagar- 581 363 N.K. Dist

GENTLEMEN,

We offer to execute the Works described above in accordance with the Conditions of Contract accompanying this Tender for the Contract Price as per price schedule.

This Tender and your written acceptance of it shall constitute a binding contract between us. We understand that you are not bound to accept the lowest or any Tender you receive.

We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act.

We declare that none of our contracts have been terminated/foreclosed on account of our default in KPCL or else where during last TEN years.

We hereby confirm that this Tender complies with the Tender validity and Earnest money deposit required by the Tender documents.

*We hereby declare that we are committed to make contribution to ECPF as per statutory regulations.

Yours faithfully,

Authorized Signature:

Name & Title of Signatory:

Name of Tenderer:

Address:

SECTION 4

GENERAL CONDITIONS OF CONTRACT (GCC)

1. Definitions

1.1 DEFINITION OF TERMS:

“Corporation” means Karnataka Power Corporation Limited. Employer means Karnataka Power Corporation Limited which call for the tender The “Contractor” shall mean the tenderer whose tender has been accepted by KPCL or its assignees and shall include the contractor’s legal personnel representatives, successor and assignees.

The “Engineer” shall mean the Chief Engineer (Elec. Constn), Karnataka Power Corporation Ltd., Ambikanagar or such other officers as may be duly authorized and appointed as Engineer for the purpose of the Contract. In case where no such Engineer has been so appointed, the word “Engineer” shall mean the KPCL or its assignees or his duly authorized representatives.

The “Contract” shall mean and include General & Special Terms and Conditions, Commercial Terms and Conditions, Tender Notifications, Price Schedule, Covering Letter, Letter of Award, Final Terms and Conditions, Form of Bid any special conditions applicable to the particular contract specification and the final agreement.

“Month” shall mean a month as reckoned by the English calendar

“Writing” shall include any manuscripts, Typewritten or printed statement, under or over signature of seal as the case may be.

“Persons” shall include firm, company, corporation and other body of persons whether incorporated or not.

The Contractor's Tender is the completed Tender document submitted by the Contractor to the Employer.

The Contract price is the price stated in the Letter of Acceptance and thereafter as adjusted in accordance with the provisions of the Contract.

The Works are what the Contract requires the Contractor to carry out as defined in the scope of work.

2. Interpretation

2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female or neuter, and the other way around. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Employer will provide instructions clarifying queries about the Conditions of Contract.

2.2 The following documents form the Contract. 1) Agreement 2) Letter of Acceptance, notice to proceed with the works 3) Contractor’s Tender including ITT terms

4) General & Special Conditions of Contract

5) Price bid

6) Any other document listed in the Contract Data as forming part of the Contract.

3. Law governing contract

3.1 The law governing the Contract is the Laws of India supplanted by the Karnataka Local Acts.

4. Employer's decisions

4.1 Except where otherwise specifically stated, the Employer will decide contractual matters between the Employer and the Contractor.

5. Delegation

5.1 The Employer may delegate any of his duties and responsibilities to other people after notifying the Contractor and may cancel any delegation after notifying the Contractor.

6. Communications

6.1 Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act).

7. Personnel

7.1 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s staff or his work force stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

8. Employer’s and Contractor's risks

8.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

9. Queries about the Contract Data

9.1 The Employer will clarify queries on the Contract Data.

10. Instructions

10.1 The Contractor shall carry out all instructions of the Employer which comply with the applicable laws where the Site is located.

11 Terms of Payment:

Hire charges will be released on monthly basis on completion of the month i.e., during the subsequent month. The contractor has to maintain a separate LOG BOOK / Daily Trip sheet for the vehicles and obtain signature of authorized KPCL Officer at the end of each day for the kilometers coverage for the day. The contractor has to furnish monthly bills in Quadruplicate along with PF remittance statement for drivers (mandatory), after completion of each month. The contractor has to comply with all the applicable statutory requirements. Bills will be forwarded for payment after due scrutiny and certification by the concerned authorities and the payment will normally be released within 30 days from the date of submission of the bills.

No extra payment will be made for service rendered on Sundays & General Holidays.

The vehicles shall be made available on all days including Sundays & General holidays round the clock.

The bills have to be submitted in quadruplicate to the “Executive Engineer (MSP) A, KPC Ltd., Ambikanagar for authorizing the payment. The Payment will however be released by “Assistant General Manager (Finance)-K1”, KPC Ltd., Ambikanagar.

12 Contract Agreement

The Contractor / successful bidder shall execute an agreement on the stamp paper of Rs.200.00 purchased in Karnataka state and the agreement shall be strictly as per the proforma prescribed by the Corporation for the due and faithful performance of the contract. The contract agreement shall be executed within twenty days from the date of “Letter of Award”.

13 Contract Period

The period of contract shall be for TWO years. The corporation however, reserves the right to extend the contract period by one more year against satisfactory performance, subject to agreed rates, terms & condition stipulated in previous work order at the discretion of corporation.

14 Penalty The vehicles offered on Hire-basis shall have to be made available for duty at all times during the contract period and should not be diverted for any other activities. In case vehicles are not provided in time consecutively for a period of 3 days, the Corporation is at liberty to terminate the contract without notice. The penalty is leviable at twice the pro-rata hire charges per day in case the vehicle is not provided for any day. The penalty will be recovered from the bills payable to the contractor. The maximum amount of liquidated damage for the whole of the works is 10% of the total contract price.

15 Disputes

In the event of disputes arising out of the contract in regard to the terms and conditions mentioned above or any special conditions of the contracts or in regard to any matter not covered hereunder, the decision of the corporation shall be final and biding on the contractor.

16 Arbitration

In the event of dispute of differences arising between the parties here pertaining to or relating to this agreement, no arbitration clause is entertained.

17 Taxes & Rates:

17.1 The rate quoted by the bidder shall be deemed to include total PF contribution, road tax, insurance expenses, Income tax and other statutory duties payable by the contractor, POL, maintenance expenses, wages of his employees etc. under the contract. KPCL will pay only hiring charges at accepted rates of successful bidder's price schedule.

17.2 The Contractor shall adhere to the provisions of Minimum Wages Act. PF & MP Act, Contract labours (A&R) Act, Motor vehicle Act and other applicable acts. All payments to contractor’s employees, contributions in respect of PF Act and other statutory obligations shall be as per the respective norms laid by the respective enforcement legal bodies at the prevailing rates through out the contract period. 18 Termination

18.1 The Employer or the contractor may terminate the Contract if the other party causes a fundamental breach of the Contract as defined in KTPP compliant KW1 model tender.

18.2 When either party to the contract gives notice of a breach of contract to the Employer for a cause other than those listed under Sub Clause 18.1 above, the Employer shall decide whether the breach is fundamental or not. 18.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.

19 KPCL reserves the right to alter the duration of contract period or cancel the contract at any time, without assigning any reasons thereof.

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SECTION 5

SPECIAL CONDITIONS OF CONTRACT (SCC)

1. The contractor shall arrange for the deployment of new vehicle accordingly so as NOT TO disrupt the vehicle availability for office duties. The contractor shall carry out the specified work to the satisfaction of the authority with whom he has entered in to an agreement. In case of unsatisfactory performance of the contractor, the corporation reserves the right to cancel the contract and forfeit the EMD and Security Deposit at contractor’s risk.

2. LABOUR REGULATIONS AND OTHER ENACTMENTS: 2.1 a) The contractor shall strictly follow and abide by the rules and regulations of Motor Vehicles Act, Motor Vehicle Rules, Pollution Control Norms and other relevant Central/ State legislation’s and orders, rules and regulation of Central/State Government and other authorities. The contractor agrees to indemnify and hold KPCL and its employees harmless for/against any loss, expenditure and claims penalty etc. of whatsoever nature in this regard due to the non-fulfillment of the obligations and violation by the contractor. b) The contractor must indemnify the KPCL/ its employees against any liquidated damages incurred as the principal employer for any failure of contractor to honour the various Central/State/Local self-body laws/enactments in this respect. 2.2 The employees of the contractor in no case shall be treated as the employees of the employer at any point of time. 2.3 The contractor shall follow PF & MP Act, Service tax & all other statutory obligations as per law. The total PF contribution of both the employee of the contractor & that of the contractor shall be paid on the basis of wages NOT LESS THAN the minimum wages as declared by the Govt. of Karnataka during the contract period. 3 ACCIDENTS/DAMAGES/CLAIMS LIABILITIES: 3.1 The contractor will be solely responsible for any consequences under laws, arising out of any accident caused by the vehicle(s)/equipment to the property or personnel of KPCL. The contractor shall also be responsible for any claim/compensation that arises due to damage/cause or injuries sustained by any third party/parties/including life permanent injuries etc., by his/their vehicle(s), in addition to damages/disabilities/death etc. to the KPCL employees/property.

3.2 It is the responsibility of the contractor to inform the user of the vehicles as well as the Head of transport department the occurrence of any accident involving his/their vehicle(s) as early as possible to avoid any disruption of KPCL’s operations, provide substitute and submit a detailed report to the head of transport section within 24 hrs for the record of KPCL.

3.3 Absence of vehicle due to any accident, or any other reason whatsoever, may not be entitled for any exemptions from the liabilities of the contract whatsoever. Arrangement of the alternative/substitute is the responsibility of the contractor unless otherwise exempted for reasons beyond the contract’s control.

3.4. This contract shall not grant any claims to the labour engaged by the contractor for any permanent appointment in KPC Ltd., either during the currency of contract or at any future date under any circumstances.

3.5 Any suit or proceedings arising out of this contract shall be instituted in law court of Haliyal, Uttara Kannada District (A) KPCL can not be held responsible for any damage or loss caused to the hired vehicles under any circumstances, including accidents, mishaps and entanglement with any other authorities, either by Driver, Owner or third party.

(B) The liability under relevant sections of motor vehicle Act 1968 and IPC causing death / permanent disability / Injuries by the vehicles supplied by the contractor shall be on the contractor and the hiring authority has no responsibility whatsoever and will not entertain any claim in this regard under the provision of the law.

(C) The Contractor shall assign the job of driving of hired vehicles only to qualified experienced licensed drivers and also assume full responsibility for the safety and security of the officials as well as essential store items while running the vehicle by ensuring safe driving. KPCL shall have no direct or indirect liability arising out of such negligent rash and impetuous driving which is an offence under Section 29 of IPC and any loss caused to KPCL have to be suitably compensated by contractor.

4 ABOUT THE DRIVER: a) The contractor will be responsible to see that the car provided is roadworthy with an experienced well behaved driver. Driver engaged on the vehicles shall wear proper uniform and fully comply with requirements of MV act/rules and other statutory provisions. He should possess one good mobile phone.

b) The Contractor shall provide full details of the driver including his previous experience and copies of driving license.

c) The contractor shall, have sufficient No of spare drivers, with a valid license always available with him and are to be deployed for the round the clock duty of the vehicle including all Sundays and holidays.

d) If the driver of the vehicle is found unfit to drive the vehicle on account of drunkenness or for any other act of misconduct on his part KPCL Engineer at site will have full power to refuse the driver permission to drive the vehicle and not to take such driver / vehicle on duty.

e) The driver provided by the contractor should have experience in driving of light vehicles of not less than 2 years. If any complaint received against the driver of not performing the duty / rash driving / bad behavior etc. a penalty of minimum Rs.500/- per such incident shall be deducted from the bill.

5. The contractor has to maintain a separate LOG BOOK / Daily Trip sheet for the vehicle which shall be got filled & signed by user of the vehicle and get the signature of the KPCL Engineer at site or any other authorized representative of the KPCL Engineer at site. 6. The successful tenderer has to station the vehicle spared to KPCL at KPCL office/Garage at Ambikanagar. Apart from these trips, the vehicle has to make additional trips, as directed by the KPCL Engineer at site. The vehicle so hired will normally be deployed for office duties of Superintending Engineer (Civil), Ambikanagar as directed by KPCL Engineer at site. The approximate minimum distance of vehicle running is 1500 Kms in a month.

8. The contractor shall follow at field all security rules as may be framed by KPCL from time to time regarding check post log book entry, issue & wearing of uniform, identity card. Security and safety of the vehicle shall be the responsibility of the contractor. 9. Penalty: a) If the vehicle breaks down & Contractor fails to arrange the alternate vehicle within two hours, whole day amount will be deducted. b) Part of the day is considered as full day c) If the driver is not wearing uniform, Rs 50/- per day is deducted d) If the contractor fails to arrange alternate vehicle, double the pro rata basis amount will be deducted for no of days of non availability of vehicle, in addition a penalty amount will be charged as decided by controlling authority

10. Submission of returns: The Contractor shall, if required by the Employer, deliver to the Employer the returns in detail, in such form and at such intervals as the Employer may prescribe, showing the details of staff engaged by the contractor for the work from time to time and annual/ periodical returns of PF and Service Tax remittances by the Contractor and such other information as the Employer may require.

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