DEPARTMENT OF POSTS डाकघर अधी�क का काया셍लय / Office of the Supdt. of Post offices, �त셁ꥍप配तूर मंडल / Tirupattur Division, �त셁ꥍप配तूर / Tirupattur – 635601. eMail id: [email protected] Phone: 04179-220432 [email protected] Fax: 04179-220442 No. G/MV-Tender/16 dated at Tirupattur 635 601, the 26.12.2016 Notice Inviting e-Tender
Online e-Tenders (in Two Bid Systems – Technical and Commercial ) are invited on behalf of the President of India for Hiring of Commercial vehicles from reputed Firms/ transporters /bidders for conveyance of mails on contract basis for a period of Two years from the date of acceptance of tender/award of work for the following route – Jolarpettai Junction to Gudiyattam Head Post Office and vice versa via Vaniyambadi, Ambur, Thuthipattu, Oomerabad, Pernambut, Mailpatti, Valathoor, Madanur, Pallikonda, Gudiyattam R.S. ( i.e. in morning from Jolarpettai Junction to Gudiyattam Head Post Office and in evening from Gudiyattam Head Post Office to Jolarpettai Junction) including any diversion as and when ordered in the schedule of trips in the interest of service. The General Terms and Conditions applicable to the contract, amounts of Earnest Money/ Security Deposit and method of submission of tender have been mentioned in Annexure I. 1. The work is to be performed strictly as per parameters/technical specifications given in Part I of Annexure II. The terms and conditions specific to the contract have been mentioned in Part-II of Annexure II. The proforma for submission of tender has been given in Annexure III (for Technical Bid) and Annexure IV for BOQ (for Commercial bid), which may vary upon various circumstances and instructions for online Bid submission is included as Annexure V.
2. Schedule of Tender:
Last date and time of uploading of e-Tender : 23.01.2017 upto 13.00 hours
Date and time of opening of e-Tender : 24.01.2017 at 11.00 hours
Amount of Earnest Money Deposit as per clause 3 of Annexure I : Rs.23,600/- * (Rupees Twenty three thousand and six hundred only).
Venue: O/o The Superintendent of POs, Tirupattur Division, I Floor, Tirupattur HO buildings, Tirupattur 635 601.
Number of vehicles required: - 1 + 1 spare vehicle
The response to the Tender should be submitted online by the bidder on or before 23.01.2017 up to 13.00 hrs. in electronic format both for Technical and BOQ at the http://eprocure.gov.in using their Digital Signature Certificate. The concerned documents should be scanned and uploaded. However original P.O. Receipt under which Tender Fee of Rs.500/- (Rs. Five hundred only) and EMD* are deposited should be submitted physically or sent by Regd. Post/ Speed Post so as to reach the Office of the Tender Inviting Authority Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 1 before the scheduled date and time. Scanned copies of same should also be uploaded along with the Technical e-Bid. Each page of NIT & Pre-Contract Integrity Pact should be digitally signed by the tenderer.
In case any of the bidders fails to submit the original P.O. Receipt for Tender Fee and EMD up to 23.01.2017, their bids shall not be accepted.
DOP will not be responsible for delay in online submission due to any reason. For this, bidders are requested to upload the complete bid well in advance.
The payment of Rs.500/- (Rs. Five hundred only) towards e-tender processing fee is not exempted to any category of bidders except for the Firms registered under NSIC/DG S&D.
4. All the documents in support of eligibility criteria are to be uploaded along with Technical Bid. The Tenderers are advised in their own interest to upload the scanned copies of the desired papers/documents with their bids failing which their bids may be declared non- responsive.
5. The foremost requirement of participation in e-Tender is to have a Digital Signature. Instruction to the Bidders to upload the bids online is also enclosed.
6. The Chief PMG, Tamilnadu Circle reserves the right to cancel the Tender at any stage or relax time/amend/withdraw any of the Terms and conditions contained in the Tender document without assigning any reason thereof. Any enquiry, after uploading of the bid shall not be entertained. In case of withdrawal, the EMD shall stand forfeited.
7. Terms and Conditions of the Tender are enclosed (PDF format) and the price (Commercial bid) in BOQ format.
8. Complete tender documents may be down loaded from the website of Central Public Procurement Portal (http://eprocure.gov.in) and Notice (e-NIT) can be viewed from the website of the Department of Posts (www.indiapost.gov.in). Information on any issue of Corrigendum related to this Tender will also be available in the website of CPP as also in the website of the Department.
9. Offline bids will not be entertained for the Tenders published in e-procurement platform. i.e. Tenders received by any mean/mode other than electronic or online format will not be considered and they will be summarily rejected.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 2 DEPARTMENT OF POSTS डाकघर अधी�क का काया셍लय / Office of the Supdt. of Post offices, �त셁ꥍप配तूर मंडल / Tirupattur Division, �त셁ꥍप配तूर / Tirupattur – 635601. eMail id: [email protected] Phone: 04179-220432 [email protected] Fax: 04179-220442
ANNEXURE-I
GENERAL TERMS AND CONDITIONS Sub: Online e-Tender for Hiring of Commercial vehicles from reputed Firms/ Transporters for conveyance of mails on contract basis.
1. Parties :
The parties to the Contract are the contractor (the Tenderer to whom the work have been awarded) and the Government of India through Department of Posts for & on behalf of President of India. 2. Addresses: For all purposes of the contract including arbitration there under, the address of the contractor mentioned in the tender shall be the final unless the contractor notifies a change of address by a separate letter sent by Registered post with acknowledgement due, to the Department of Posts. The contractor shall be solely responsible for the consequences of any omission or error to notify change of address in the aforesaid manner.
3. Earnest Money Deposit (Bid Security): 3.1 Earnest Money of Rs.23,600/- (Rupees Twenty three thousand and six hundred only) must be deposited by the bidders in any Post Office and Original Receipt in form ACG 67 or Computerised UCR receipt provided by the Post Office in token of having received the amount should be submitted electronically along with their tenders. The scanned copies of receipts for EMD and Cost of Tender form must be duly uploaded and the original receipts to be sent by Regd. Post/ Speed Post in a sealed envelope to the Supdt. of POs, Tirupattur Division, Tirupattur 635 601 so as to reach this Office on or before 23.01.2017. Firms registered under NSIC/DGS&D with current validity, are exempted from furnishing (EMD) Bid Security.
3.2 No request for transfer of any previous deposit of Earnest money or Security deposit or payment of any pending bill held by the Department in respect of any previous work will be entertained. 3.3 Tenderer shall not be permitted to withdraw his offer or modify the terms and conditions thereof. In case the Tenderer fails to observe and comply with the stipulations made herein or withdraws after quoting the rates, the aforesaid amount of Earnest Money Deposit will be forfeited to the Government. 3.4 The tenders without Earnest Money Deposit will be summarily rejected except for those registered under DGS&D/NSIC with current validity.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 3 3.5 No claim shall lie against the Government/Department in respect of erosion in the value or interest on the amount of Earnest Money Deposit or Security deposit. EMD of unsuccessful bidders will be returned after expiry of final bid validity and latest on or before the 30th day after the award of the contract.
Registration:
1. Bidders are required to enroll on the e-procument module of the CPP Portal http://eprocure.gov.in) by clicking on the link “click here to enroll”. Enrolment on the CPP Portal is free of charge. 2. As part of the enrolment process, the bidders will be required to choose a unique user name and assign a password for their accounts. 3. Bidders are advised to register their valid e mail address and mobile numbers as part of the registration process. These would be useful for any communication from the CPP Portal. 4. Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (class II or class III certificates with signing key usage) issued by any certifying authority recognised by CCA India (eg: SIFY/TCS/nCode/ eMudhra etc.) with their profile. 5. Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSCs to others which may lead to misuse. 6. Bidders shall then log on to the site through the secured login by entering their user ID/password and the password of the DSCs/e token.
Searching for tender documents:
1. There are various search options built in the CPP Portal to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value etc. There is also an option of advance search for tenders, wherein the bidders may combine a number of such parameters mentioned above to search for a tender published in the CPP Portal. 2. Once the bidders have selected the tenders they are interested in, they may download the required documents/tender schedules. These tenders can be moved to the respective “My tender” folder. This would enable the CPP Portal to intimate the bidders through SMS / e-Mail in case there is any Corrigendum issued to the tender document. 3. The bidder should make a note of the unique tender ID assigned to each tender, in case they want to obtain any clarification /help.
4. Preparation of Bids: 1. Bidder should take into account any Corrigendum published to the tender document before uploading their bids. 2. Please go through the tender advertisement and the tender document carefully to understand the documents required to be uploaded as part of the bid. Please note the number of documents – including the names and contents of each of the document that need to be up- loaded. Any deviations from these may lead to rejection of bid.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 4 3. The Bidder, should get ready the bid documents to be uploaded, in advance, as indicated in the tender document/schedule and generally, they can be in PDF/XLS formats. Bid documents may be scanned with 100 dpi with black and white option. 4. To avoid the time and effort required in uploading the same set of standard documents which are to be submitted as a part of every bid, a provision of uploading such standard documents (e.g., PAN card copy, Annual Reports, Auditors’ Certificate etc.) has been provided to the bidders. Bidders can use “My Space” area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process.
1. Submission of Bids: 1 Bidder should log on to the site well in advance for bid submission so that he/she uploads the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues.
2 The bidder has to digitally sign and upload the required bid, owning responsibility for their correctness, authenticating the documents one by one as indicated in the tender document.
3 Bidder has to select the payment option as “offline” to pay the tender fee/EMD as applicable and enter details of the instrument.
4 Bidder should prepay the EMD/cost of the document as per the instructions specified in the tender document. The original should be posted to the tender processing section, latest by the last date of bid submission. The details of the UCR issued by any Post Office/ any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected.
5 The tenderer shall be required to furnish a declaration online stating that the soft copies uploaded are genuine. Any incorrectness/deviation noticed will be viewed seriously apart from cancelling the work (contract), forfeiting the EMD and the Firm will also be black listed. 6 The bidder shall authenticate the bid with his Digital Signature Certificate for submitting the bid electronically on e-procurement platform and the bids not authenticated by Digital Certificate of the bidder will not be accepted on the e-procurement platform.
7 A standard BOQ format has been provided with the tender document to be filled by all the bidders. Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. Bidders are required to download the BOQ file, open it and complete the blue colored (Unprotected) cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed the bidder should save it and submit it online, without changing the file name. If the BOQ file is found to be modified by the bidder, the bid will be rejected.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 5 8 The server time (which is displayed on the bidder’s dash board) will be considered as the standard time for referencing the dead line for submission of the bids by the bidders, opening of the bids etc. The bidder should follow this time during the bid submission.
9 All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bid is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done.
10 The bidder has to keep a watch of any change by viewing addendum/corrigendum issued by the TIA on time to time basis on e-procurement platform. The Dept. will not be responsible for any claim/problem arising out of this.
11 The uploaded tender documents become readable only after the tender opening by the authorized bid openers.
12 Upon the successful and timely submission of bids, the portal will give a successful bid submission message and a bid summary will be displayed with the bid number and the date and time of the submission of the bid with all other relevant details.
13 The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings.
5. Signing of Tender: Signature should be done electronically as per e-procurement system.
Individual signing the tender or other documents connected with contract must specify whether he signs as: (a) ‘Sole proprietor’ of the concern or constituted attorney of such sole proprietor; (b) A partner of the Firm, if it be a partnership Firm, in which case he must have authority to execute contracts on behalf of the Firm and to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or by a power of attorney duly executed by the partners of the Firm. (c) Any authorised Officer of the Firm, then a copy of the Power of Attorney sworn in before Notary Public should be uploaded.
(d) Director or a Principal Officer duly authorized by the Board or Directors of the Company, if it is a company. In case of authorized offices, a copy of authorization duly signed by all the Directors should be uploaded. (e) In the case of Co-operative Society, the person who is signing the tender document must have authority to do so and relevant authority from the Competent person should be uploaded.
N.B (i) In the case of partnership Firms, a copy of the partnership agreement, or general power of attorney duly attested by a Notary Public, should be furnished on stamped paper Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 6 duly sworn or affirmed by all the partners admitting execution of the partnership agreement or the general power of attorney. The attested copy of the Certificate of Registration of Firm should also be uploaded along with the tender.
(ii) In case of partnership Firms where no authority to refer disputes concerning the business of partnership Firm has been conferred on any partner the tender and all other related documents must be signed by all partners of the Firm.
(iii) A person signing the Tender Form or any documents forming part of the Tender on behalf of another person should have an authority to bid on behalf of such other person and if, on enquiry it appears that the persons so signing had no authority to do so, the Department of Posts, may, without prejudice, cancel the contract and hold the signatory liable for all costs, consequences and damages under the civil and criminal remedies available. (iv) In case of Pvt. Ltd. /Limited companies, Company Incorporation Certificate along with the articles of Association has to be uploaded. 7. Duration of Tender: Each successful bidder will have to sign an agreement with the Dept. in respect of the route for which he has submitted the Tender on having been qualified in the tender process. The period of agreement would be for Two year with option on the part of the Dept. to extend the same by one year as per the decision of the competent authority on the same rates, terms and conditions. The agreement would however be subject to the right of the Dept. to terminate it prematurely as per the decision of the Dept., which will be final and binding. During the validity period, the tenderer will not be allowed to either withdraw or revise his offer on his own. Once the tender is accepted and the work awarded, the rates will be valid for the contractual period of two year which can be further extended for a period of one year. 7. Technical Bid: i) Annual turn-over of the bidder for the last two financial years should be more than 1.5 times of estimated value of Tender. Copy of the two years IT Returns and Audited Balance Sheet and Profit & Loss statement of the Firm have to be uploaded along with the Technical Bid as specified in Part II of Annexure III. ii) Copy of the Registration certificate of VAT/TIN and service Number is to be uploaded along with the Technical bid. iii) All documents relating to Technical Bid should be uploaded electronically as required vide Part II of Annexure III. iv) All documents of Technical Bid should be submitted electronically in PDF format. v) A specific mention in the Tender that the Terms and Conditions mentioned are acceptable to the Firm, in full, is to be made by uploading a signed copy to this effect along with the Technical bid. vi) The Tenderer shall be required to furnish a declaration in “online” stating that the soft copies uploaded by him are genuine. Any incorrectness/ deviation noticed will be viewed seriously apart from canceling the work duly forfeiting the EMD and the Firm will also be blacklisted.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 7 vii) The bidder has to keep track of any changes by viewing addendum/corrigendum issued by the Tender Inviting Authority on time to time basis on e-procurement platform. The Department will not be responsible for any claims/problem arising out of this. 8. Commercial Bid: 8.1 The Department shall carry out the Technical evaluation solely based on the uploaded Certificates/Documents in the e-procurement system and open the price bids of responsive bidders. 8.2 The Commercial Bid should be submitted in BOQ file given in CPP Portal. The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document. 8.3 The Commercial Bids of the Tenderer short-listed after evaluation of technical bids will be opened on a specified date and time to be intimated to the respective Tenderer. A duly constituted Tender Evaluation Committee (TEC) will evaluate the Technical bids and Commercial bids. 8.4 A consolidated price (inclusive of all kinds of Taxes and other incidental charges) should be quoted along with its break up showing various items of charge. The price quoted shall be firm and final. Taxes, if any, to be paid need to be duly indicated in the bid. Otherwise, no extra payment would be made for this purpose. TOLL FEE/PARKING FEE etc., if any, payable en route has to be borne by the contractor fully.
8.5 Terms of payment as stated in Tender Document shall be final. 8.6 At the time of payment, Income Tax, if any, shall be deducted at source as per Government Rules and guidelines as may be prevailing of the time of payment. 8.7 No terms and conditions should be entered by the Tenderer along with Commercial bid. 8.8 Any conditional bid will not be entertained.
9. Validity of the bids: The bids shall be valid for a period of Two year from the date of award of work which can also be extended for a further period of one year. This has to be so specified by the Tenderer in the Commercial bid. During the validity period, the tenderer will not be allowed to either withdraw or revise his offer on his own. Once the tender is accepted and the work awarded, the rates will be valid for the contractual period of two year which can be further extended for a period of one year. 10. Opening of Tender: On the date and time indicated in the ‘Schedule of Tender’, Technical bids will be opened first. Thereafter, Commercial bids of the Tenderer short-listed after evaluation of Technical bids will be opened on a specified date and time to be intimated to the respective Tenderer.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 8 11. Criterion for Evaluation of Tenders: 11.1 The evaluation of the tenders will be done on the basis of Certificate/documents uploaded through online only and Technical information, furnished in the Form given in Annexure – III, which includes; 11.1.1 Payment of Fee of Rs. 500/- for Tender Processing fee. 11.1.2 Payment of Earnest Money (Bid Security) of Rs.23,600/- 11.1.3 Submission of documents mentioned in Part-II of Annexure-III. 11.2 The Commercial Bid of such Firms found valid, based on technical parameters, as per Part-I and II of Annexure – III, will be opened either on the same day or on a different date, time and venue to be announced after opening of the Technical Bid, as decided by the Competent authority. Evaluation of Commercial Bids will be based on total consolidated price. 11.3 It must be kept in view that no decision will be given by the Tender Evaluation Committee any inferences drawn during the meeting of this Committee by the Tenderers or their representatives will be their own view and the Department will not be responsible and abide by the same. The reasons for selections or rejections of a particular tender will not be disclosed. 11.4 The award of work will be further subject to any specific terms and conditions of the contract given in Part II of Annexure – II of this NIT. 11.5 The bidder shall invariably submit the original Tender Fee/EMD details/hard copies of uploaded documents to Tender Inviting Authority before the date and time of opening of Tender through Regd/Speed post and the receipt of the same is the responsibility of the bidder. The Department will not take any responsibility for delay or non receipt. 12. Right of acceptance 12.1 The Department of Posts reserve all rights to reject any tender including of those Tenderers who fail to comply with the instructions without assigning any reason whatsoever and does not bind itself to accept the lowest or any specific tender. The decision of the Department of Posts in this regard is final and binding. 12.2 Any failure on the part of the contractor to observe the prescribed procedure and any attempt to canvass for the work will prejudice the Contractor’s quotation. 13. Communication of Acceptance Successful Tenderer will be informed of the acceptance of his tender. Necessary instructions regarding the amount and time provided for security deposit will be communicated. If the time schedule is not adhered to, the next tenderer will be awarded the contract. 14. Time Schedule for completion of work The Postal bags/parcels/consignments/articles must be loaded/unloaded/carried etc. in each case within the agreed time, failing which agreed penalty under Clause 17 of Annexure I of NIT will be invoked.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 9 15. Performance Security (Security Deposit) 15.1 The successful Tenderer will have to furnish Performance Security equivalent to 10% of the value of Tender value by Demand Draft drawn in favour of the Supdt of POs, Tirupattur Division, Tirupattur 635601 or NSCs or Fixed Deposits in a Nationalised Bank pledged to the Department of Posts or Bank Guarantee from a Nationalised Bank for a period extending to two months beyond the date of contract, within seven days from the date of acceptance of the tender and produce the documents in original. The Firms registered with NSIC/DGS&D are exempted from furnishing performance Security (Security Deposit) as per Rule 430(1) (a) read with Rule 430 (1) (c) (ii) of Postal Manual Volume II. The performance Security (Security Deposit) will not be adjusted against any payment due to the Firm from the Department of Posts. 15.2 The Security Deposit can be forfeited by order of the Department of Posts in the event of any breach or negligence or non-observance of any condition of contract or for unsatisfactory performance or for non-acceptance of the work order. On expiry of the contract, such portion of the said Security Deposit as may be considered by the Department of Posts sufficient to cover any incorrect or excess payments made on the bills to the Firm, shall be retained until the final audit report on the account of Firm’s bill has been received and examined. 16. The successful tenderer will strictly adhere to the following technical specifications: 16.1 Age of vehicle offered should not exceed 3 years during the contractual period. The vehicles attaining the age of 3 years shall be removed from being offered to the Department of Posts and replaced with vehicles having age of less than 3 years which will be the responsibility of the Contractor. This information may be given on a separate sheet of paper, which should also be signed by the authority competent to sign the submission of the tender documents. 16.2 The provision of GPS is preferable. The successful bidder may provide GPS tracking facility to all vehicles and the charges shall be met by the Contractor. If provided, the following will the specifications:
Parameters and technical specification for the supply of GPS equipments, installation, software development are as under:
A. General Requirement
1. Online and real time tracking and monitoring capable of viewing the actual location of mail motor vehicle on a digitized / satellite map multiple vehicles on a single map. (Tenderers should have their own arrangement for providing continual access of digitized/ satellite map to the Department)
2. Web enabled solution to provide information to control room about the status of vehicle on real time basis. 3. Land marking of the location of post offices on the digitized/ satellite map. 4. Real time two way communication between vehicle and the control room (this feature is optional at the discretion of the Department).
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 10 5. The software should be capable of integrating with the Traffic Management Software of the Department as per requirement. 6. Develop customized MIS.
B Minimum Technical parameters of Equipments
1) GSM / GPRS modem
2) Should be able to monitor with any PC with required software.
3) Monitoring and online data downloading capability directly from internet.
4) Data storage capability for a minimum of 90 days.
5) Keypad – extendable.
6) Voice communication and missed call indicator.
7) Built in memory to store the data of 1000 locations extendable up to 4 GB memory data.
8) Tamper proof – power disconnection alert.
9) Built in GPS odometer.
10) Protection from power surge and electromagnetic interference.
11) Back up battery – minimum 4 hours.
12) Unit should have remote vehicle immobilization to stop the vehicle movement at the time of theft or hijack.
13) Storage Temperature – 35 dec C to +75 deg C.
14) Unit should have SOS Alert, tamper alert, main power wire disconnection alert, low battery alert.
15) SIM Pin (electronic) locking system to protect from misuse.
16) Unwanted call barring facility for both incoming and outgoing .
17) The unit should have both GSM/GPS high gain active antenna inbuilt to prevent from possible mishandling or interruption of delegated items.
18) The unit should have minimum of 12 channels GPS Antenna receiver.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 11 C Software Specification and Reports The software of the GPS system should provide a customised solution generating a variety of reports and MIS essentially covering the following functionalities:
1) A Comprehensive Activity report including mail schedules as well as vehicle movement.
2) Stoppage report of vehicle which will show actual stoppage or detention of the vehicles at various offices. The offices provided with more than one touch of mail schedules at different timings should be shown in the report.
3) Speed report of vehicle for the trips.
4) Over-speed and over-stoppage report.
5) Total distance report.
6) Land marking of Post Offices/Railway Mail Service offices/Transit Mail Offices etc. is required on digital map to exactly locate the vehicle halts, movement between offices etc.
7) Provision should be made to enter Data to display driver’s name, vehicle regn. no., schedule no. / name, time etc. in vehicle tracking report.
8) GPS web enabled software should have interlinked capability to integrate with software provided by the Department.
9) The software should generate vehicle detention report at various offices indicating date- wise schedule name / no., name of POs/RMS/ TMO, schedule arrival – departure, actual arrival, departure, detention and generate the drivers log-sheets etc. The vehicles passing near PO/RMS offices should not be shown as having attended the offices.
10) Software should have the provision to accept substitute vehicle on the same schedule in case of accident / break down etc.
11) Provision of search engine to monitor movement of vehicles on schedule operations with vehicle registration, name of driver, previous & present stage, actual timing is to be made.
12) Provision should be made for managing the vehicle fleet of MMS and schedules in this software with edit facility.
13) Route violation report.
14) SMS provision to enable the schedule position.
15) GIS GPS should be of a suitable operating system capable of sharing required information to the CSI application through Web-services as and when required
16) Software capable of history tracing for a minimum of 90 days.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 12 16.1) X and Y Geo- coordinate data capture at most precise level of locations to generate report at Address Level, Postal Code Level and Region/State Level.
16.2) The software should also generate report on Geo Routing requirement like – a) Distance and Duration between two locations at the address level of location. b) Shortest route determination based on the locations shared with GPS GIS. c) Route determination between various locations/stops and selection of best route based on distance and traffic conditions. d) Re-Routing Functionality in case new locations are added and selection of best route based on distance and traffic conditions. e) Nearest vehicle identification to the broken down vehicle. f) In case of breakdown of MMS vehicle, information about the nearest MMS vehicle, shall be available from the GIS GPS software.
The Department will be at liberty to alter/ modify the reports or number of reports required depending on the actual need once the systems are installed.
16.3 Technical details of each of the vehicles such as: Name of the owner, Registration number & date, make, model, load capacity, owned by the Tenderer or attached, if attached, along with concerned letter from its owner, date of last FC, Number of kms run as on the date of tender, type of body, validity of insurance/Pollution under Control Certificate to be given. 16.4 The availability of drivers along with their names and mobile numbers (which has to come under CUG of DOP on becoming a successful tenderer) and other members of crew, experience and their track record duly supported by copies of driving licenses etc. are to be given in a separate sheet. 16.5 All the vehicles should have adequate arrangements for fire fighting. 16.6 All the vehicles owned/hired by the company should have adequate arrangements, trained drivers etc. capable of meeting requirements of minor break down on en-route. 16.7 The details of the Customer Care Centers of the company with complete address, telephone, fax, e-mail etc. should be furnished. Similar details of the booking offices/offices of the company in different cities should be furnished. 16.8 The availability of service, the frequency of service, the number of vehicles that could be deployed normally from significant commercial centers in Tamil Nadu/other states should be indicated. 16.9 The vehicle offered should be equipped with suitable facilities to offer loading/ unloading and pick up from and delivery to locations as specified by the Department. The willingness and availability of facilities to execute the activities mentioned should be indicated. Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 13
. 16.10 The drivers of the company should be equipped with mobile phones and capable of being contacted and of contacting the nearest offices of the company while in transit through the use of modern communication technology. The numbers of mobile phones of drivers should be informed to the department before the departure of the vehicle for the destination for each trip. 16.11 The driver should get the signature of the in-charge of each Parcel Hub/Unit earmarked for exchange of mails. Otherwise, it will be presumed that the point was not touched and the payment will be deducted accordingly on pro-rata basis. 16.12 The vehicle should have been comprehensively insured. The cabin of the vehicle should be provided with proper lighting facilities. 16.13 The Firm/Company should provide the facility of inspecting its vehicles before loading the goods. 16.14 The Department reserves the right to seek replacement of vehicle in case the vehicle is not found suitable i.e. the vehicle is very old or not having arrangements stated in this part of NIT. The vehicle should always possess the permits required and the Fitness Certificate. In case, the Company fails to replace the vehicle within reasonable time as required to do so by the Department, it will tantamount to breach of terms and conditions. 16.15 The drivers of the Company should not have any criminal background and the Company should specify that all safeguards have been taken before their employment. 16.16 The Company should be able to assist DOP in developing and marketing the service/product. 16.17 The Company should accept liability under the Carriers Act of 1865 as amended from time to time or any other law in existence in the country or any of the States of India casting a liability on the carriers, transporter or a body of persons in case of loss or damage to any of the goods in their custody under this agreement. 16.18 The Contractor should be in a position to accept the load given by the Department at very short notice also. The availability of load can vary and need not be given on all days of the week. 16.19 There shall be no transshipment of the load given by the Department at any point of time without prior approval of the Department. The load will have to be delivered at the indicated location by the Department and no local or intermediate transshipment is permissible without the approval of the department. 16.20 The vehicle and its documents can be checked / inspected by the Officers of the Department of Posts at any point and at any time. 16.21 There shall be no conveyance of other customer’s goods even though the full capacity was not filled up by the Department of Posts. The documents of the consignments should be produced at the time of verification. 16.22 An agreement will be signed by the successful bidder immediately. Before that, he should pay the entire Security Deposit amount as contemplated in clause (15) of Annexure-I and provide the required vehicles. If not, the contract will be given to the next eligible tenderer.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 14 16.23 The successful tenderer should confirm in writing that, the tenderer or the vehicle for transportation is free from any litigation, which would render the performance of any obligation impossible in case the contract is awarded to the tenderer. 16.24 The vehicles provided for transportation should be covered by requisite National Permit/Zonal Permit/State permit at Contractor(s) cost. No expenditure in this regard will be borne by the Department. 16.25 The Contractor shall confirm that official/officials of the Department of Posts will be allowed to travel in the vehicle free of charges if so ordered by a Competent authority on production of valid Identity Card. 16.26 The Contractor shall confirm that standby vehicle arrangements would be available for replacement of the deployed vehicle to meet any situation. 16.27 In the event of the delivery of any defective work, which owing to urgency or for any other reason cannot wholly be rejected, the Department of Posts shall have the power to deduct from any payment due to the Contractor such sum as it may deem expedient. 16.28 The successive bidder should paint the vehicle with white and red color as per the direction of the concerned officer along with our Department logo in both the side with the provision of detachable whenever the vehicle is not running. 16.29 During the period of transport contract, difference of charges if any, occurred due to increase/decrease in prices of Diesel/tubes/tyres or other parts of vehicle will not be paid by the Department. Anyhow, if the diesel price hike is more than 10%, it is the discretion of the Chief PMG to raise the existing contract rate or not. If there is decrease in diesel price by 10%, it is the discretion of the Chief PMG to reduce the existing contract rate. 16.30 In case of any accident, all the claims arising out of it shall be met by the Contractor. 16.31 The vehicle should be kept neat & clean and in perfect running condition. 16.32 Copy of Regn. Book should be enclosed for each vehicle owned by the Tenderer in his name. For all other cases (including where the vehicle is owned by any partner/ on lease) an affidavit from the owner regarding the ownership of the vehicle and an undertaking that the terms and conditions of the agreement are agreeable should be uploaded a/w the RC Book. 17. Penalty A penalty, as mentioned below, per day, per vehicle, will be levied if any vehicle fails to meet the terms and conditions prescribed herein on any day. However, in case of frequent violations of the terms and conditions, the contract can be cancelled forthwith without any notice. In the event of non-completion of any journey or of any delay in completion of any journey in accordance with the time table herein before provided and in the event of failure to deliver or to take up any postal article or mail bags at any of the places, failure to maintain efficient service to Offices prescribed in the schedule of trips, the bidder shall be liable to pay the under mentioned amounts.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 15 Sl. For Amount No. 1 Failure to complete any journey Rs.15 per km. 2 Delay in completing any journey, of not more than one hour Rs.8 per km. 3 Delay in completing any journey, of more than one hour and Rs.10 per km. not more than two hours 4 Delay in completing any journey, of more than two hours and Rs.11 per km. not more than three hours 5 Delay in completing any journey, of more than three hours Rs.11.50 per km. 6 Failure to deliver or take up any Postal article or mail bags at Rs.5 per bag any station 7 Delay in delivery or taking any Postal article or mail bag at any Station: First day Rs.5 per bag Second day Rs.6 per bag For each subsequent day Rs.7 per bag 8 Failure to stop when required at any intermediate Station Rs.50 per Station 9 Pilferage/abstraction and loss of article/mail To the extent payable to bag/consignment/goods the claimant
PROVIDED ALWAYS that the bidder shall not be liable to pay any such amount under this Clause for any such default, delay or failure as herein before described if and so far the same shall have been caused by or due to closing of the road by the District Board, Public Works Department or the Police to motor vehicles carrying mails, violence of any army or mob or other irresistible force or robbery or dacoity or an act of God, but the fact that part of the road may become impassable for vehicular traffic shall not relieve the bidder of his liabilities under the contract and in such case notwithstanding anything hereinbefore contained he shall, without any extra cost to the Government, arrange to convey the Postal articles and mail bags by mazdoors or other means where the road is impassable for vehicular traffic and thence in the manner hereinbefore provided.
PROVIDED FURTHER that the liabilities of the bidder to pay the amounts hereinbefore mentioned are without prejudice to the Government’s other right to be reimbursed, any expenses to which the Government is put to, as a consequence of such default and other rights in respect thereof.
PROVIDED ALSO THAT if the bidder makes three such defaults within one month or fails to maintain an efficient motor vehicle service or to perform and observe any of the stipulations, agreements and conditions herein contained (as to which the decision of the said Head of Circle will be final) or if the bidder becomes insolvent or if a company being wound up except as provided in Clause 10, either voluntarily or compulsorily, the authority (Tender Inviting Authority) who has signed this agreement, may, by a written notice, forthwith terminate the contract after a decision to terminate the contract is taken by Head of the Circle on behalf of the President of India in addition to or in lieu of any other remedies and also declare forfeited the whole or any part of the security.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 16 PROVIDED FURTHER that in the event of the contract being terminated under the third proviso of this Clause, the said Head of the Circle, may, in addition, at his option, take over and use all or any vehicles used by the bidder on such date for any period not exceeding four English calendar months, paying to the bidder on such date/ for any period of such use, any reasonable amount to be determined by the Chief Postmaster General, Tamilnadu Circle, Chennai 600002 to cover all the damages and losses to the vehicles or otherwise during such period.
PROVIDED FURTHER that in the event of the contract being liable to be terminated as aforesaid, the Government may, at its discretion, either terminate the contract or forfeit the entire Security money, without terminating the contract. But any such termination of the contract or forfeiture of the Security as aforesaid shall be without prejudice to the right of the Government to all other remedies in respect of every failure or default and particularly to the Government’s right to recover the full amount of loss or damages which the Government may have sustained even though the amount be in excess of the sum forfeited and the security so forfeited may or may not be taken towards satisfaction of any such loss or damages.
18. Natural calamity, Strike etc. In case of strike, combination of workmen or natural calamity of any kind, fire accidents or circumstances beyond the control of the firm causing stoppage of his work, whereby the delivery or completion of work may be suspended resulting in undue delay without penalty, Department of Posts shall have the power, during such stoppage, to get the work done elsewhere, without charging the contractor. No obligation will rest on the Department of Posts to pay for any portion of the work undertaken before such a stoppage. 19. Insolvency etc. In the event of the Firm being adjudged insolvent or having a receiver appointed for it by a Court or any other order under the Insolvency Act made against them or in the case of a Company, the passing of any resolution or making of any order for winding up, whether voluntary or otherwise, or in the event of the Firm failing to comply with any of the conditions herein specified, the Department of Posts shall have the power to terminate the contract without previous notice.
20. Conditions and other terms: Vehicle should not stop for want of fuel or diesel or any other thing. The driver should have mobile phone. They have to attend for collection/delivery of goods both at starting point and at the ending destination without any refusal. The extra kilometer covered for pick up and delivery will be compensated by accepted rate per kilometer.
21. Breach of Terms And Conditions In case of breach of any of terms and conditions mentioned above, the competent authority will have the right to cancel the work order without assigning any reason there for and nothing will be payable by this Department in that event and the Security deposit shall also stand forfeited.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 17 22. Subletting of work The Firm shall not assign or sublet the work or any part of it to any other person or Firm. 23. Right to call upon information regarding status of work The Department will have the right to call upon information regarding status of work at any point of time. 24. Precautionary measures 24.1 While observing the economy in costs in his own interest the Contractor must be careful that quality and cleanliness of the work is maintained as well as time scheduled prescribed etc should not be disturbed. 24.2 The Contractor must take every care to see that any consignment or any portion thereof does not fall into unauthorized hands. Care should be taken to execute the work under proper security conditions and no consignment or part thereof is retained or sold or stolen or otherwise made over by the Contractor or any of his staff members to any person other than the person(s) authorized by the Department of Posts, whether at the behest of the Contractor or his staff or otherwise.
25. The tender is not transferable. Only one tender shall be submitted by one Tenderer. 26. No unsolicited correspondence/queries will be entertained while the award of business is under review/consideration. No individual queries will be responded to. 27. Terms of payment: (i) No payment shall be made in advance nor shall any loan from any Bank or Financial institution be recommended on the basis of the order of award of work.
(ii) The bidder shall submit on or before the 15th day of the succeeding calendar month, a bill in respect of such services showing the details of calculation with full particulars and documents, in support thereof. The bill should be accompanied by the log sheets of the vehicle for each day which should contain signatures of the In-charge of all the Units which the vehicle touches in that particular route. Otherwise, the payment will be made on pro-rata basis only by presuming that the vehicle did not ply between the places where the signature of the In- charge of the Units was not obtained.
(iii) Maintenance of the log book by the Contractor is mandatory
(iv) All payments shall be made by Account payee cheque only. Before releasing payments, TDS and other taxes as admissible from time to time will be deducted from each bill. (v) The Department of Posts shall be, at liberty, to withhold any of the payments, in full or part, subject to recovery of penalties as per Clause 17.
(vi) The term “payment” mentioned in this para includes all types of payment due to the Firm arising on account of this contract excluding Bid Security and Performance Security governed by separate clauses of the Contract.
(vii) The TDS and other taxes will be recovered from all the bills before making payments as per the rates and instructions prevailing at the time of payment. Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 18 . (viii) It is the duty of the Contractor to ensure that the bills are settled then and there. If any complaint is received from the attached vehicle owner about non payment of bills by the Contractor, the Department will not be a party for such disputes. It is for the Contractor to settle such disputes.
(ix) Tenderer shall comply with all statutory requirements, Rules, Regulations, and Notifications in relation to employment of his employees issued from time to time by the concerned authorities.
(x) Tenderer shall indemnify the Department of Posts against all claims and losses under various labour laws, statutes or any Civil or Criminal law in connection with employees deployed by him.
(xi) Tenderer will maintain proper records prescribed by the concerned statutory authorities and provide a copy of the same to the Department of Posts.
(xii) Tenderer shall furnish proper returns to the concerned statutory authorities and provide a copy of the same to the Department of Posts.
28. Execution of agreement and Pre Contract Integrity Pact: 28.1 The successful tenderer, before undertaking the contract, will be required to execute an agreement and also submit all declarations stipulated in the Tender within 15 days of the date of acceptance of the Tender. However, the competent authority, under exceptional circumstances, can relax this time period by grant of another maximum 15 days, upon a written request (stating the justification), from the Tenderer and the reasons for allowing this further time period should be recorded in writing. 28.2 Tenderers are advised to carefully scrutinize the specimen agreement enclosed with the tender before submitting the tender. The agreement Form should be duly signed by the Tenderer on all pages over the official seal (Digital Signature Certificate) in token of acceptance of the terms and conditions thereof and submitted along with the Technical bid. One copy of the signed agreement should be retained by the Tenderer. 28.3 Failure to execute the agreement within 15 days or within the further permitted period of maximum 15 days may render the Tenderer liable for forfeiture of Earnest Money Deposit and further result in rejection of the bid without prejudice to the rights of the Department of Posts to recover the damages under law. The Department has the right to offer the contract to the eligible second lowest bidder on the L 1 rate. 28.4 All terms and conditions stipulated in the Tender Notice, guidelines for Tenderers, standard conditions, declarations, agreement and other documents furnished with the tender and related correspondence shall form part of the agreement.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 19 Pre Contract Integrity Pact (furnished separately): 29. Duplication of Clause: Wherever there is duplication of Clause either in the terms and conditions or in the agreement, the Clause, whichever is beneficial to the Department of Posts will be considered applicable at the time of any dispute. 30. Malpractices: The broad meaning of the expression ‘malpractices’ would mean any act of the transporter or his staff resulting in a benefit in the form of undue profit or time or cost saving to the transporter or his staff which may or may not be leading to a financial loss to the Department of Posts and will include any or all of the following: (a) Tampering/pilferage/theft of the goods/bags/articles/consignments/cargo etc. handed over to the transporter. (b) Diversion from the specified route without valid reason. (c) Quitting (and skipping) of intermediary station without permission of the Officer of the Department of Posts. (d) Exceeding trip time. (e) Over carriage/ under carriage (carrying beyond or delivering before destination) of goods/bags/articles/consignments/cargo. (f) Driving the vehicle after consuming liquor. (g) Driving the vehicle without proper dress code and misbehaviour with the staff of DoP/ customers. (h) Any other malpractice generally not in conformity with normal practice/procedures/violation of law and as stated by the Department of Posts from time to time. The aforesaid are not exhaustive but only indicative of the broad meaning of the expression ‘malpractices’. These malpractices may lead to inconvenience to its clients and affect its goodwill. 31. Arbitration: If a dispute arises out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived there from, the parties agreed to submit that dispute to arbitration under the ICADR Arbitration rules, 1996.
The authority to appoint the arbitrator(s) shall be the International Centre for Alternative Dispute Resolution.
The International Centre for Alternative Dispute Resolution will provide Administrative services in accordance with the ICADR Arbitration Rules, 1996.
The number of arbitrator shall be ONE. The language of the arbitration proceedings shall be in English. The place of arbitration proceedings shall be at Bangalore,
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 20
ANNEXURE II
PART I
The interested parties must be capable of providing vehicles on their own on the following terms and conditions:
1. Four wheeler motor vehicles which are not more than three years old i.e. the vehicle should have registered on or after 19.12.2013 and have a load carrying capacity of 1 ton - 1000 (one thousand ) kilograms, with provision of seating arrangement for travelling of one postal official. There should be provision of seating arrangement for travelling of 1-2 armed guard escorts whenever required. Successful bidder should get the body of vehicle fully covered with water-tight metal sheets and provide doors with locking arrangement at rear compartment of the vehicle within 30 days of awarding tender.
2. The rate for hiring of vehicles, run on diesel, should be quoted for per kilometer. The distance is to be calculated from the place of reporting to the place of release.
3. The competent authority reserves the right to reject any or all tender(s) without assigning any reasons. The make and model of the vehicle should be specified separately. Copies of Registration Certificate, Fitness Certificate and Insurance should be enclosed along with the Technical Bid. All the vehicles must have valid Road Permit to run in the territory of Tamilnadu.
6. The successful bidder shall have to provide the desired number of vehicles. He should have a minimum of 2 vehicles owned by him or hired or on lease basis, in good working condition. He should have one more spare vehicle in case any vehicle is off road. Details of all the 2 (1 + 1) vehicles should be furnished in the Tender document.
7. The bidder should preferably have past experience of providing vehicle(s) on hire to at least one Government organization/ PSU/ a prominent Private Sector entity for at least a minimum period of 3 years.
8. The vehicle shall be at the disposal of the Department of Posts for 7 days a week.
9. Contract charges should include monthly charges of driver, repairs and maintenance of vehicle, insurance, diesel, Oil and also any other incidental charges.
10. In the case of any accident, all the claims arising out of it shall be met by the bidder.
11. The vehicle shall be kept neat and clean and in perfect running condition.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 21
12. If the vehicle goes out of order, the Bidder shall provide a substitute vehicle immediately. In case vehicle does not report on time/does not report at all, the Department would have the right to hire a vehicle from the market and the additional cost incurred by the Department will be borne by the Bidder.
13. The driver should have valid Driving License and the vehicle should have been registered with the concerned authorities of Central/ State Govt. A Certificate to this effect should be provided. The drivers of the vehicle provided must follow traffic Rules and other regulations prescribed by the Government from time to time.
14. The contract between the Department and the Transport operators can be cancelled with prior notice of at least 60 days by either party to the contract.
15. The drivers, while performing the duty must be neatly dressed, should wear proper uniform and must carry a mobile phone in working condition, for which, no separate payment shall be made by the Department. (Repetition)
16. The Transport operator and the driver shall be bound to carry out the instructions of the Department as well as of the Officers assigned to the vehicle.
17. A Daily Record indicating time and mileage for each vehicle shall be maintained in a log book.
18. Dedicated vehicles and drivers must be provided and changes will be allowed only in exceptional circumstances. The vehicle must be available at any time of any day, as desired by the Officer concerned.
19. In the event of the award of the contract and prior to execution of the contract, the bidder shall be required to submit copies of the Registration Certificate and comprehensive Insurance Policies of the vehicles being offered for hire and particulars with photograph of the drivers dedicated to each vehicle. He shall also be required to produce the vehicles in the Office of the undersigned for physical verification/ inspection.
20. The contract will be effective for two year from the date of signing of the contract unless terminated earlier as per Clause No. 21 of Annexure I. The contract may be renewed for a further period of one Year as mutually agreed upon, subject to satisfactory performance.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 22 ANNEXURE II
Part II
Terms and conditions specific to the contract:
1. All the Firms participating in the Tender must submit a list of their owners/partners, etc. along with their contact telephone Nos. and a Certificate to the effect that the Firm is not blacklisted by any Govt. Department nor any Criminal Case is registered against the Firm or its owner or partners anywhere in India. The Firms which are blacklisted by any Govt. Dept. shall not be considered for this tender.
2. The required documents for the tender should be properly paged and indexed and the requisite information should be highlighted also.
3. In case of breach of any terms and conditions of the contract, the Competent Authority reserves the right to call for explanation of the Firm by issuing Show Cause Notice. In case of non satisfactory reply, action like forfeiting of Security Money or blacklisting the Firm will be taken.
4. The rates quoted should be inclusive of all taxes and charges.
5. An advance stamped receipt should be sent along with the bill in triplicate.
6. The receipt of the Contract should be acknowledged by return of post.
7. All Payments shall be made by cheque only on the dates specified.
8. The Department of Posts shall be at liberty to withhold any of the payments in full or in part subject to recovery of penalties.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 23
Tender No. DEPARTMENT OF POSTS: INDIA Annexure III Part I as per e-Tender TENDER FORM I TECHNICAL INFORMATION AND UNDERTAKING (see Clause 7 of Annexure I of this Tender document)
To The President of India through …………………………….
With reference to the advertisement in ……………………………. Dated ………………… I hereby offer, subject to the conditions, herein after appearing, the following Technical Bid, for provision of Motor vehicles along with one Postal official and up to four armed guards/escorts for conveyance of mails, with the required specifications for a term of one year.
List of documents to be uploaded with Technical bid:- (Furnished separately as Part II to Annexure III).
Sl. Particulars
1 Name of the Tenderer/concern
2 Nature of the concern: Proprietor or partnership Firm or a Company or a Government Department or a Public Sector Organisation
- Copy of Registered partnership deed/ General Power of Attorney as referred in Clause 5 Annexure I of NIT/ Incorporation Certificate & Articles of Association letter of authority any one as applicable is to be uploaded.
3 EMD Amount Deposited – Receipt No. issued by PO
- Tender processing fee – Receipt No. Issued by PO
- Copy of the Registration Certificate issued by NSIC/ DG S&D with current validity in respect of those who are seeking exemption for payment of EMD.
- Scanned copy of receipts to be uploaded and original receipts to be sent by Post to the undersigned.
4 Name, telephone no., and email id of contact person
UNDERTAKING
1. I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters of the proposed work of the DoP and shall abide by them. 2. I/We further undertake that the information given in this tender are true and correct in all respect and we hold the responsibility for the same.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 24 3. I/We agree to provide name(s) of the existing customer(s), if any, (list enclosed)
4. I/We also further undertake that after becoming the successful tenderer, if the terms and conditions mentioned in the tender are violated at any time during the period of contract, the contract can be cancelled without any correspondence.
5. I/We agree that in the event of my Technical Bid being considered, I shall produce, on demand, for inspection of vehicle of prescribed specification and a permit from the District/Town authorities to run the service on the line within a week of receipt of communication to this effect.
6. In addition to the above, I/We agree to maintain 1 (one) spare vehicle to be used in emergencies. I/We agree to provide vehicle(s) in good working condition.
7. I/We agree to run the motor vehicle(s) according to the time fixed in the said schedule.
8. If it is found at any time during the currency of the contract that owing to alternations in the schedule of trips (or additional trips being ordered) the average monthly mileage is more or less than the monthly mileage mentioned in Clause 5, I/We agree to accept or allow a proportionate increase or decrease in the monthly remuneration.
9. I/We undertake the liability and responsibility for the safe custody & delivery of mails etc., entrusted to me for conveyance between one Office and another and to pay for the loss, suffered by Department of Posts due to missing of any bag/ article in course of their carriage by me.
10. I/We shall not claim any special facilities, such as free accommodation for a garage or telephone connection etc., other than those provided for in the agreement.
11. I/We agree to carry free of charge, Postal officials in charge of mails, to travel in my contracted vehicles.
12. I/We agree to carry Postal stationery, as part of mails and stores dispatched by Postal Stock Depot or the Offices where such Forms and stores are printed or stored to the Post Offices, Railway and Steamer Stations and Railway Mail Service Offices named in the Schedule attached to the agreement and such other places as may be required by the Tender Signing Authority and shall not claim any extra remuneration on that account.
13. I am/We are submitting P.O. ACG 67 receipt for Rs. 23,600/- (Rupees Fifty thousand only) (the amount equivalent to 2% of the estimated total value of the contract) as Bid Security. That the said sum shall be forfeited to Government, if I withdraw my tender or in the event of its acceptance fail to execute the agreement and make the deposit as mentioned in Clause 11 and 15 whereof, I will not claim interest on this sum while it is in your custody. The aforesaid sum shall be returned to me within 30 days, if my tender is not accepted. I further agree that in the case of my tender is accepted and I fail to start the service contracted for, by the date (fixed by the Tender Inviting Authority) my Earnest Money shall be forfeited and my Tender and contract shall be regarded as void and I will have no claim of any sort upon the Government of India. Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 25
14. I/We agree to have this agreement registered and bear all the expenses in connection therewith covering the charge of stamps etc.
15. I/We agree if this tender is accepted, to furnish Security Deposit equivalent to 10% (ten percent) of the total value of the contract in one of the following forms –
(a) Post Office Certificates at issue price up to the permissible limit pledged to the President of India through Superintendent of POs, Tirupattur Division, Tirupattur 635 601.
(b) Deposit made in the Post Office Savings Bank up to the permissible limit and pledged to the President of India through Superintendent of POs, Tirupattur Division, Tirupattur 635 601 and the balance, if any, in the form (a), above.
(c) Bank Guarantee (for contract of high value) or DD, within seven days from this Tender being accepted.
16. I agree not to make any attempt of negotiation, direct or indirect, with the authority to whom I have submitted the Tender or the authority who is competent finally to accept it after I have submitted my Tender or to make any endeavour to secure any interest for an actual prospective Tender or to influence by any means the acceptance of a particular Tender. I agree that, if I make any such attempt, it will render my Tender liable to exclusion from consideration.
17. If my/our above Tender is accepted, I agree to enter in to agreement on Non Judicial Stamp Paper of Rs.100/- (Rupees One hundred only) within two weeks of the acceptance of the Tender and deposit the Security Money, equivalent to 10% of the total value of the contract.
Place:
Date:
(Signature)
Name of Bidder ……………………………….
Address of Bidder ………………………………
……………………………….
…………………………………
…………………………………
Seal of Bidder
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 26
ANNEXURE – III – PART – II
(DOCUMENTS TO BE UPLOADED IN THE CPP PORTAL ALONGWITH TECHNICAL BID)
1 Each page of NIT and its Annexure, comprising of 39 pages, has to be digitally signed. Stamped and uploaded (Clause 5 of Annexure I refers). 2 The authority to sign the e-Tender in terms of Clause 5 of Annexure I should be attached 3 Type of vehicle (four wheeler) 4 Make and model of vehicle 5 Year of manufacture 6 Registration nos./Date for all the three vehicles 7 Fitness/ Road worthiness & Insurance validity of the vehicle. 8 Copy of the Service Tax Registration Certificate 9 Copy of PAN card 10 Copy of Certificate of Registration for VAT or similar Registration with Govt. authorities 11 Proof of 3 years experience & list of persons deployed/drivers/cleaners with phone numbers 12 List of major customers and previous experience with the Couriers. Preference will be given to the persons having experience in this field. 13 IT Returns for the last two assessment years viz., 2014-15, 2015-2016/ PAN card copy in case of sole proprietorship/partnership duly authenticated by a Chartered Accountant. 14 Copies of audited balance sheet for the last two financial years - 2014-15, 2015-2016 in case of sole proprietorship/partnership along with proof for Annual turn-over of more than 1.5 times of estimated value of Tender authenticated by a Chartered Accountant. 15 In case of a Private Limited Company or a Public Limited Company or a Registered Co- operative Society, Annual Reports consisting of audited Balance Sheet and Profit and Loss account for the years 2014-15, 2015-2016 and authenticated by a Chartered Accountant. 16 The details of vehicles proposed by transporter/contractor should be provided in a separate sheet. 17 Details of valid National/Zonal Permit to be uploaded. 18 The bidder has to upload a declaration that the soft copies uploaded are genuine. 19 Any other information important in the opinion of the tenderer can be mentioned 20 Whether the vehicle is a GPS enabled one
Note: (i) Each page of NIT comprising of 39 pages has to be digitally signed, stamped and uploaded Clause I of Annexure I refers) (ii) All the items in sl.1 to 18 are mandatory. (ii) However, if respect of a Firm/ Company which commenced its operation after 01.04.2013, the financial statements mentioned at items 11 to 15 should cover the period from the date of its commencement and upto 31.03.2016. (iii) Tenders not accompanied by any of the documents from sl. 1 to sl. 18 will be rejected outright.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 27
Tender No. DEPARTMENT OF POSTS: INDIA Annexure IV as per e-Tender TENDER FORM 2 - COMMERCIAL INFORMATION (see Clause 8 of Annexure I of this Tender document)
Sub: Notice Inviting Tender for transmission (and other related activities) of Postal bags/ articles/ consignments/Cargos.1. Rate for the work inclusive of all kinds of incidental charges furnishing periodical six hourly information on status of consignments, if any, and including all taxes, toll fee etc. Should be quoted (in words and figures only) with transit time.
2. Whenever necessary, the vehicle will be extended/ deviated to the next/nearby destination as per the availability of cargo. In such cases, the rate for extra kilometer should be mentioned by the tenderer for each route separately.
3. The vehicles should not stop for want of fuel or diesel or any other thing. The driver should have mobile phone. If needed, they have to attend for collection of goods both at the starting point and at the ending destination without any refusal. The extra kilometer covered will be covered by pro-rata rate/accepted rate per kilometer.
4. The route covered is as follows: Route (Onward Trip) -Morning schedule : Jolarpettai Junction to Gudiyattam H.O.
Time of Time of Approximate Maximum Arrival (in Departure distance time to be Sl. Name of the office of hours) (in hours) taken for No. stages to be visited completion of trip 1 Jolarpettai RMS -- 0500 93 Km 2 Vaniyambadi SO 0520 0525 3 Ambur SO 0545 0550 4 Thuthipattu SO 0600 0605 5 Oomerabad SO 0615 0620 6 Pernambut SO 0635 0640 7 Mailpatti SO 0655 0700 8 Valathoor SO 0710 0715 9 Madanur SO 0725 0730 10 Pallikonda SO 0740 0745 11 Gudiyattam R.S. SO 0755 0800 12 Gudiyattam HPO 0810 -- 3.10 hrs
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
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Route(Return Trip) – Evening schedule : Gudiyattam HPO to Jolarpettai Junction
Time of Time of Approxi Maximum time Sl. Name of the office of Arrival (in Departur mate to be taken for No. stages to be visited hours) e (in distance completion of hours) trip
1 Gudiyattam HPO -- 1630 93 Km 2 Gudiyattam R.S. SO 1640 1645 3 Pallikonda SO 1655 1700 4 Madanur SO 1710 1715 5 Valathoor SO 1725 1730 6 Mailpatti SO 1740 1745 7 Pernambut SO 1800 1805 8 Oomerabad SO 1820 1825 9 Thuthipattu SO 1835 1840 10 Ambur SO 1850 1855 11 Vaniyambadi SO 1915 1920 12 Jolarpettai RMS 1940 -- 3.10 hrs
*The arrival and departure time of the vehicle at a station is based on the speed @40 kms./hr. owing to the time during which it is plied and the weight of the parcels it is to carry. 5 minutes time is provided at the intermediary stations to facilitate exchange of mails.
(Dated Signature of Tenderer with stamp of the Firm)
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 29 For 1 ton vehicles
Route Vehicle Load capacity Rate per km. Rate per Transit make (both in words extra km. time and figures)
Jolarpettai RMS to Gudiyattam HO & Gudiyattam HO to Jolarpettai RMS via Gudiyattam RS. SO, Pallikonda SO, Madanur SO, Valathur SO, Mailpatti SO, Pernambut SO, Thuthipattu SO, Oomerabad SO, Ambur SO and Vaniyambadi SOs
Dated at (Dated Signature of Tenderer with stamp of the Firm)
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
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LOG SHEET
Office of the ______
MMS Control Room Tele No:
Fleet No: Name of the Driver
Date______
Regn No of the Vehicle at
Commencement at
Mail Peon ______(Name)
KM reading At Closing
Yes
No
Actual Initials of Bags Remarks the Mail Name of Arrival Departure Exchange Received Despatched the Offices Time Time Clerk with Places to Stamp be visited 1 2 3 4 5 6 7
End of Trip Total Scheduled Mileage ______
Actual Mileage Done______
For use in case of non Sch . Trip & Diversion
Authorized Additional Mileage (For Small Trip)______
Actual Additional Mileage
Signature of driver Sign of mail peon Sign of the Checking Clerk
Sign of Supervisor
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 31 ANNEXURE V
Submission of Bids: (Instructions for online bid submission)
As per the directions of the Department of Expenditure this tender document has been published in the CPP Portal (http://eprocure.gov.in). The bidders are required to submit soft copies of their bids electronically in the CPP Portal, using valid digital signature certificate. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. More information useful for submitting online bids on the CPP Portal may be obtained at http://eprocure.gov.in).
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 32 PRE CONTRACT INTEGRITY PACT General: This pre bid pre contract agreement (herein after called the integrity pact) is made on ------day of the month of------2016, between, on one hand, the President of India acting through Sri----- Designation of the officer, Ministry/Department, Government of India (herein after called the “SERVICE USER”, which expression shall mean and include, unless the context other wise requires, his successors in office and assigns) of the First Part and M/s. ------represented by Sri------Chief Executive Officer (herein after called the “SERVICE PROVIDER” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the second part. WHEREAS the SERVICE USER proposes to procure (Name of the stores/equipment/item) and the SERVICE PROVIDER is willing to offer/has offered the stores and WHEREAS the SERVICE PROVIDER is a private company/Public Company/Government undertaking/Partnership/Registered Export Agency, constituted in accordance with the relevant law in the matter and the SERVICE USER is a Ministry/Department of the Government of India/PSU performing its function on behalf of the President of India.
NOW, THEREFORE, To avoid all forms of corrections by following a system that is where, transparent and free from any influence/Prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered in to with a view to : - Enabling the SERVICE USER to obtain the desired said stores/equipment at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling SERVICE PROVIDERs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the SERVICE USER will commit to prevent corruption, in any form by its officials by following transparent procedures. The parties here to hereby agree to enter in to this integrity pact and agree as follows:- COMMITMENTS OF THE SERVICE USER 1.1 The SERVICE USER undertakes that no official of the SERVICE USER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the SERVICE PROVIDER, either for themselves or for any person, organisation or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contract. 1.2 The SERVICE USER will, during pre-contract stage, treat all SERVICE PROVIDERs alike and will provide to all SERVICE PROVIDERs, the same information and will not provide any such information to any particular SERVICE PROVIDER which could afford an advantage to that particular SERVICE PROVIDER in comparison to other SERVICE PROVIDERs.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 33 1.3 All the officials of the SERVICE USER will report to the appropriate Government office any attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach. 2. In case any such preceding misconduct on the part of such official(s) is reported by the SERVICE PROVIDER to the SERVICE USER with full and verifiable facts and the same is prima facie found to be correct by the SERVICE USER, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the SERVICE USER and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the SERVICE USER the proceedings under the contract would not be stalled. 3. Commitments of SERVICE PROVIDERs 3 The SERVICE PROVIDER commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract stage in order to secure the contract or in furtherance to secure it and in particular commit itself to the following:- 3.1 The SERVICE PROVIDER will not offer, directly or through intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the SERVICE USER, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract. 3.2 The SERVICE PROVIDER further undertakes that it has not given, offered or promised to give, directly or indirectly any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the SERVICE USER or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with the Government for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Government. 3.3 SERVICE PROVIDERS shall disclose the name and address of agents and representatives and Indian SERVICE PROVIDERS shall disclose their foreign principals or associates. 3.4* SERVICE PROVIDERS shall disclose the payments to be made by them to agents/brokers or any other Intermediary, in connection with this bid/contract. 3.5* The SERVICE PROVIDER further confirms and declares to the SERVICE USER that the SERVICE PROVIDER is the original manufacturer/integrator/authorized government sponsored export entity of the defence stores and has not engaged any individual or firm or company whether Indian or foreign to intercede, facilitate or in any way to recommend to the SERVICE USER or any of its functionaries, whether officially or unofficially to the award of the contract to the SERVICE PROVIDER, nor has any amount been paid, promised or intended to be paid to any such individual, Firm or Company in respect of any such intercession, facilitation or recommendation. 3.6 The SERVICE PROVIDER, either while presenting the bid or during pre-contract negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to official of the SERVICE USER or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 34 3.7 The SERVICE PROVIDER will not collude with other parties interested in the contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract. 3.8 The SERVICE PROVIDER will not accept any advantage in exchange for any corrupt practice, unfair means and illegal activities. 3.9 The SERVICE PROVIDER shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the SERVICE USER as part of the business relationship, regarding plans, technical proposals and business details, including information contained in any electronic data carrier. The SERVICE PROVIDER also undertakes to exercise due and adequate care lest any such information is divulged. 3.10 The SERVICE PROVIDER commits to refrain from giving any complaint directly or through any other manner without supporting it with full and verifiable facts. 3.11 The SERVICE PROVIDER shall not instigate or cause to instigate any third person to commit any of the actions mentioned above. 3.12 If the SERVICE PROVIDER or any employee of the SERVICE PROVIDER or any person acting on behalf of the SERVICE PROVIDER, either directly or indirectly, is a relative of any of the officers of the SERVICE USER, or alternatively, if any relative of an officer of the SERVICE USER has financial interest/stake in the SERVICE PROVIDER’s Firm, the same shall be disclosed by the SERVICE PROVIDER at the time of filing of tender. The term ‘relative’ for this purpose would be as defined in Section 6 of the Companies Act 1956. 3.13 The SERVICE PROVIDER shall not lend to or borrow any money from or enter into any monetary dealings or transactions, directly or indirectly, with any employee of the SERVICE USER. 4. Previous Transgression
a. The SERVICE PROVIDER declares that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect of any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India that could justify BIDDER’s exclusion from the tender process b. The SERVICE PROVIDER agrees that if it makes incorrect statement on this subject, SERVICE PROVIDER can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason
5. Earnest Money (Security Deposit):- a. While submitting commercial bid, the SERVICE PROVIDER shall deposit an amount of Rs.23,600/- (Rupees Twenty three thousand six hundred only ) (to be specified in RFP) as Earnest Money /Security Deposit, with the SERVICE USER in any Post Office and Original Receipt in form ACG 67 or Computerised UCR receipt provided by the Post Office in token of having received the amount should be submitted electronically along with their tenders.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
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b. The Earnest Money/Security Deposit shall be valid upto a period of five years or the complete conclusion of the contractual obligations to the complete satisfaction of both the SERVICE PROVIDER and the SERVICE USER, including warranty period, whichever is later. c. In case of the successful SERVICE PROVIDER a clause would also be incorporated in the Article pertaining to Performance Bond in the Purchase Contract that the provisions of Sanctions for Violation shall be applicable for forfeiture of Performance Bond in case of a decision by the SERVICE USER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. d. No interest shall be payable by the SERVICE USER to the SERVICE PROVIDER on Earnest Money/Security Deposit for the period of its currency.
6. Sanction for Violations
Any breach of the aforesaid provisions by the SERVICE PROVIDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the SERVICE PROVIDER) shall entitle the SERVICE USER to take all or any one of the following actions, wherever required:- (i) To immediately call off the pre-contract negotiations without assigning any reason or giving any compensation to the SERVICE PROVIDER. However, the proceedings with the other SERVICE PROVIDER(s) would continue. (ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is signed) shall stand forfeited either fully or partially, as decided by the SERVICE USER and the SERVICE USER shall not be required to assign any reason therefor. (iii) To immediately cancel the contract. If already signed, without giving any compensation to the SERVICE PROVIDER. (iv) To recover all sums already paid by the SERVICE USER, and in case of an Indian SERVICE PROVIDER with interest thereon at 2% higher than the prevailing Prime Lending Rate of State Bank of India, while in case of a SERVICE PROVIDER from a country other than India with interest thereon at 2% higher than the LIBOR. If any outstanding payment is due to the SERVICE PROVIDER from the SERVICE USER in connection with any other contract for any stores, such outstanding payment could also be utilized to recover the aforesaid sum and interest. (v) To encash the advance bank guarantee and performance bond/warranty bond, if furnished by the SERVICE PROVIDER, in order to recover the payments, already made by the SERVICE USER, along with interest. (vi) To cancel all or any other Contracts with the SERVICE PROVIDER. The SERVICE PROVIDER shall be liable to pay compensation for any loss or damage to the SERVICE USER resulting from such cancellation/rescission and the SERVICE USER shall be entitled to deduct the amount so payable from the money(s) due to the SERVICE PROVIDER. Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
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(vii) To debar the SERVICE PROVIDER from participating in future bidding processes of the Government of India for a minimum period of five years, which may be further extended at the discretion of the SERVICE USER. (viii) To recover all sums paid in violation of this Pact by SERVICE PROVIDER(s) to any middleman or agent or broker with a view to securing the contract. (ix) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the SERVICE USER with the SERVICE PROVIDER, the same shall not be opened. (x) Forfeiture of Performance Bond in case of a decision by the SERVICE USER to forfeit the same without assigning any reason for imposing sanction for violation of this Pact. (a) The SERVICE USER will be entitled to take all or any of the actions mentioned at para (i) to (x) of this Pact also on the Commission by the SERVICE PROVIDER or any one employed by it or acting on its behalf (whether with or without the knowledge of the SERVICE PROVIDER), or an offence as defined in Chapter IX of the Indian Penal Code, 1860, or Prevention of Corruption Act 1988 or any other statute enacted for prevention of corruption. (b) The decision of the SERVICE USER to the effect that a breach of the provisions of this Pact has been committed by the SERVICE PROVIDER shall be final and conclusive on the SERVICE PROVIDER. However, the SERVICE PROVIDER can approach the Independent Monitor(s) appointed for the purposes of this Pact. 7. Fall Clause:-
The SERVICE PROVIDER undertakes that it has not supplied/is not supplying similar product/systems or subsystems at a price lower than that offered in the present bid in respect of any other Ministry/Department of the Government of India or PSU and if it is found at any stage that similar product/systems or sub systems was supplied by the SERVICE PROVIDER to any other Ministry/Department of the Government of India or a PSU at a lower price, then that very price, with due allowance for elapsed time, will be applicable to the present case and the difference in the cost would be refunded by the SERVICE PROVIDER to the SERVICE USER , if the contract has already been concluded.
8. Independent Monitors:-
a. The SERVICE USER has appointed Independent Monitors (hereinafter referred to as Monitors) for this Pact in consultation with the Central Vigilance Commission (Names and Addresses of the Monitors to be given).
b. The task of the Monitors shall be to review independently and objectively, whether and to what extent the parties comply with the obligations under this Pact.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 37 c. The Monitors shall not be subject to instructions by the representatives of the parties and perform their functions neutrally and independently. d. Both the parties accept that the Monitors have the right to access all the documents relating to the project/procurement, including minutes of meetings.
e. As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform the Authority designated by the SERVICE USER.
f. The SERVICE PROVIDER(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the SERVICE USER including that provided by the SERVICE PROVIDER. The SERVICE PROVIDER will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor shall be under contractual obligation to treat the information and documents of the SERVICE PROVIDER/Subcontractor(s) with confidentiality. g. The SERVICE USER will provide to the Monitor sufficient conformation about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the parties. The parties will offer to the Monitor the option to participate in such meetings. h. The Monitor will submit a written report to the designated Authority of SERVICE USER/Secretary in the Department within 8 to 10 weeks from the date of reference or intimation to him by the SERVICE USER/SERVICE PROVIDER and, should the occasion arise, submit proposals for correcting problematic situations.
9. Facilitation of Investigation:-
In case of any allegation of violation of any provisions of this Pact or payment of commission, the SERVICE USER or its agencies shall be entitled to examine all the documents including the Books of Accounts of the SERVICE PROVIDER and the SERVICE PROVIDER shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination. 10. Law and Place of Jurisdiction:-
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the SERVICE USER. 11. Other Legal Actions:-
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
Page 38 12. Validity:-
i. The validity of this Integrity Pact shall be from date of its signing and extend upto 5 years or the complete execution of the contract to the satisfaction of both the SERVICE USER and the SERVICE PROVIDER (BIDDER), including warranty period, whichever is later. In case SERVICE PROVIDER BIDDER is unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract. ii.. Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intentions.
The parties hereby sign this Integrity Pact at on
BUYER (SERVICE USER) BIDDER (SERVICE PROVIDER) Name of the Officer CHIEF EXECUTIVE OFFICER Designation Deptt./Ministry/PSU Witness Witness
1. 1.
2. 2.
Provisions to these clauses would need to be amended /deleted in line with the policy of the BUYER (SERVICE USER) in regard to involvement of Indian agents of foreign suppliers.
Digital Signature Certificate. Superintendent Tirupattur Division, Tirupattur 635 601.
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