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KAMARAJAR PORT LIMITED (Erstwhile Port Limited) (A Mini Ratna Government of Undertaking)

TENDER FOR PROVIDING 4 NOS OF TEMPO TRAVELLER (12+1Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PART OF CITY FOR A PERIOD OF TWO YEAR.

E - PROCUREMENT MODE

03 rd November 2017

Last date and time for uploading of bids : 23.11.2017 up to 15.00 Hrs.

Date and time of opening of cover 1 : 24.11.2017 at 15.30 Hrs.

No. KPL/TD/01/2017 Dated: 03.11.2017

Sub : Tender for providing 4 nos. of Tempo Travellers (12+1 seater) on monthly hire basis for pickup and drop of Kamarajar Port Employees from different parts of Chennai city for a period of two years.

1. Tenders through online mode (e-procurement) under two cover systems are invited from the reputed transport supplier for providing 4 nos. of Tempo Travellers (12+1 seater) on monthly hire basis for . 2. Tenderers are requested to go through the tender documents in detail, before submitting the tender documents, enclosing relevant supporting documents/ information and giving their offer as per the Price Bid. The bids should be strictly as per the tender document and no editing, addition, deletion or modification of the tender document as hosted on website/ as given in the tender is permitted. If such action is observed at any stage, such tender will not be considered and will be rejected. 3. Tenderers are requested to upload their bid through online under two cover system - Technical Bid and Price Bid as per the conditions stated in the tender document on or before the time and date mentioned therein. 4. Addendum, modification, change of last date, if any etc., will be uploaded on the web-site only. Tenderers are requested to verify the website before submitting the tenders

General Manager (CS&BD)

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KAMARAJAR PORT LIMITED TENDER FOR PROVIDING 4 NOs. OF TEMPO TRAVELLERS (12+1 Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS THROUGH E-PROCUREMENT

INDEX Section Description Page No. 1 NOTICE INVITING TENDER 4 2 INSTRUCTIONS FOR ONLINE BID SUBMISSION 8 3 INSTRUCTIONS TO THE TENDERERS 11 4 TERMS AND CONDITIONS 18 Annexure 1 Government of India Guidelines on Purchase 23 Preference 5 FORMS 24 6 FINANCIAL PROPOSALS 31

Page 3 of 32 SECTION 1 NOTICE INVITING TENDER

TENDER FOR PROVIDING 4 NOs. OF TEMPO TRAVELLERS (12+1 Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS THROUGH E-PROCUREMENT

Details of the Tender (NIT) are as follows:

Sl.No Description Details 1 Department Name Corporate Strategy & Business Development

2 Circle/ Division Transport Division 3 Tender Notice No. Tender No.KPL/OP/TD/01/2017

4 Name of Project /Work Tender for providing 4 nos of Tempo Travellers (12+1seater) on monthly hire basis for pickup and drop of Kamarajar port employees from different parts of Chennai city for a period of two years from January 2018. Note: 1. The tenderer is free to participate either supply/provide 4 nos of Tempo traveler for 4 routes or anyone/multiple route. 2. The tenterer based on the participation satisfies the Pre qualification criteria and deposit the EMD amount etc. 5 Venue of the Tender Kamarajar Port Limited, Port Administrative Opening. Building, Vallur Post, Chennai – 600 120. 6 Qualifying Criteria : PRE-QUALIFICATION CRITERIA / BIDDING CONDITION

To qualify for award of the contract, tenderers are advised to note the following Pre qualification criteria and should upload the necessary supporting documents in e- portal.

1. The Tenderer should own vehicles in the name of the firm or in the name(s) of the Partner(s)/Proprietor/Joint venture, a minimum of 4 Nos. of vehicles registered in the last Five (5) years ending 30.09.2017 under Tourist vehicle permit (Yellow Board vehicle).

2. Financial Turnover The average Annual turnover of the tenderer in the last three years ending

Page 4 of 32 31.03.2017 should be not less than

2.1 Rs.17,43,700/- for participation of supply/provide 4 Nos of Tempo Traveller.

2.2 Rs. 4, 50,400/- for participation of supply/provide 1 No of Tempo Traveler.

3. Technical criteria

The Tenderer must have experience of having successfully completed for providing /Supply of Tempo Traveller /Bus to Government /PSU /Reputed Private Companies /Banks on hire basis during the last seven years ending 30.09.2017 with a value of either of the following:

3.1 Participation of supply/provide 4 Nos of Tempo Travellers

i) One similar completed contract for the value of not less than Rs. 46.50 lakh Or ii) Two similar completed contracts for the value of not less than Rs.29.07 lakh each. Or iii) Three similar completed contracts for the value not less than Rs.23.25 lakh each.

3.2 Participation of supply/provide 1 No of Tempo Traveller

i. One similar completed contract for the value of not less than Rs. 12.01 lakh Or ii. Two similar completed contracts for the value of not less than Rs.- 7.51 lakh each. Or iii. Three similar completed contracts for the value not less than Rs.6.05 lakh each. “Similar Completed Contract ” means the tenderer or firm should have Provided / Supplied the Tempo Traveller /Bus to Government /PSU /Reputed Private Companies /Banks on hire basis.

Page 5 of 32 4. Copy of GST Registration Certificate needs to be submitted.

Note:

a. The firm should submit the copy of R.C. books in support of ownership duly signed by notary public.

b. All necessary documentary proof such as financial documents like balance sheet, Profit & Loss statement, completion certificate etc., duly attested by Notary Public or Gazetted Officer must be enclosed for the above eligibility criteria.

7 Method of Evaluation of Upon evaluation of competitive offers of both financial bid for Technical (cover-I) and the Price Bid (cover-II), technically qualified the contract will be awarded to the lowest offer Tenderer. of each route. Cumulative lowest total of four routes will not be considered for award of work. In case, two tenderer quotated the same rate for same route, the work will be awarded based on the rate quoted for other route lowest offer or lot system.

8 Bid Security/ EMD (INR) : Rs.1,16,300/- for the Tenderer participate for 4 routes and i n case, the Tenderer wants to participate for single/multiple route, the tenderer should submit the EMD amount of Rs.30,100/- per route per tempo Traveller in favour of the Kamarajar Port Limited, Chennai. Note: Bids without EMD shall be rejected. As per government guidelines, exemption will be given to SME units for submission of EMD. In lieu of EMD, a copy of the exemption certificate issued by NSIC or such authorities should be furnished. 9 Agreement The Successful bidder shall sign an agreement within 30 days from date of “acceptance of the tender” in the prescribed form (Format enclosed) on a non judicial stamp paper. All legal expenses, incidental thereto shall be borne by the successful bidder. If the successful bidder / tenderer fail to sign the agreement within the stipulated time KPL reserves the right to cancel the “order” and forfeit the Earnest money deposit submitted by the bidders.

Page 6 of 32 10 Bid Document 03.11.2017 Downloading Start Date 11 Date & Place of Pre Bid 10.11.2017 @11.00Hrs, Meeting Kamarajar Port Limited, Port Administrative Building, Vallur Post, Chennai – 600 120.

12 Last Date & Time for 15.00 Hrs on 23.11.2017 uploading tender 13 Bid Opening Date 15.30 Hrs on 24.11.2017 14 Documents required to be Documents in support of fulfilling qualifying submitted by scanning criteria as indicated above and all other through online relevant documents. 15 Bid Validity Period 6 months from the date of bid submission/bid opening 16 Contact Details : The Chief Manager (Projects)/ AssistantManager (Civil), Kamarajar Port Limited, Vallur Post, Chennai 600 120 Phone No: 044 – 27950023 / 25251666 Email: [email protected]

Kamarajar Port Limited reserves the right to:-

1. Cancel or withdraw this tender at any stage without assigning any reasons whatsoever and no further correspondence shall be entertained in this regard. 2. Reject or accept any tender offer irrespective whether it is lowest/ otherwise without assigning any reasons whatsoever.

General Manager (CS&BD) Kamarajar Port Limited

*****

Page 7 of 32 SECTION 2 INSTRUCTIONS FOR ONLINE BID SUBMISSION

TENDER FOR PROVIDING 4 NOs. OF TEMPO TRAVELLERS (12+1 Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS.

Bidders to follow the following procedure to submit the bids online through the e-Procurement portal http://eprocure.gov.in.

The bidder shall obtain e-token from a licensed Certifying Authority of National Information Centre (NIC) such as MTNL / SIFY / TCS / nCode / eMudhra to get access for Online Bid Submission through the e-procurement site http://eprocure.gov.in.

(i) Bidder should do the registration in the tender site using the “Click here to Enroll” option available.

(ii) Bidder can use “My Space” area to update standard documents in advance as required for various tenders and use them during bid submission. This will facilitate the bid submission process by reducing time.

(iii) Bidder should read the tenders published in the site and download the required documents / tender schedules for the tenders.

(iv) Bidder then logs into the site by giving the user id/password chosen during registration and password of the DSC/e-token.

(v) Only one DSC should be used for one bidder. If a bidder uses more than one DSC token, the bid would summarily be rejected.

(vi) Bidder should read the Tender schedules carefully and submit the documents as per the Tender.

(vii) If there are any clarifications, the same may be clarified during the pre- bid meeting.

(viii) Bidder should take into account the corrigenda/addendum, if any published before submitting the bids online.

(ix) Bidder must in advance prepare the bid documents to be submitted as indicated in the tender schedule and they should be in the required format. If there are more than one document, they can be clubbed together.

(x) Bidder selects the tender which he is interested using search option & then moves it to my favourite’s folder.

(xi) From the folder, appropriate tender can be selected and all the details can be viewed.

Page 8 of 32 (xii) The bidder should read the terms & conditions and accept the same to proceed further to submit the bids. (xiii) The Bidder has to select the payment option as offline to pay the EMD and tender document cost as applicable.

(xiv) The details of the DD instrument / 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 bid submitted will not be acceptable.

(xv) The bidder has to enter the password of the DSC / e-token and the required bid documents have to be uploaded one by one as indicated.

(xvi) The bidder has to submit the relevant files required as indicated in the cover content. In case of any irrelevant files, the bid will be rejected / will not be accepted by the system.

(xvii) The tendering system will give a successful bid updating message and then a bid summary will be shown with the bid no., the date and time of submission of the bid and all other relevant details. The bidder has to submit the relevant documents required as indicated in the cover content. In case of any irrelevant files, the bid will be rejected.

(xviii) The bid summary has to be printed and kept as an acknowledgement as a token of the submission of the bid.

(xix) The bid summary will act as a proof of bid submission for the subject tender and will also act as an entry point to participate in the bid opening date.

(xx) For any clarifications regarding the Tender, the bid number can be used as a reference.

(xxi) Bidder should log into the site well in advance for bid submission so as to submit the bid in time (i.e.) on or before the bid submission time. If there is any delay, due to other issues, bidder only is responsible.

(xxii) Each document to be uploaded online for the tenders should be less than 2 MB. If any document is more than 2MB, it can be reduced by scanning at low resolution and the same can be uploaded.

(xxiii) The time settings fixed in the server site & displayed at the top of the tender site, will be valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should follow this time during bid submission.

(xxiv) All the data being entered by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered will not be viewable by unauthorized persons during bid submission & cannot be viewed by any one until the prescribed date & time of bid opening.

(xxv) The confidentially of the bids would be maintained. Secured Socket Layer 128 bit encryption technology is used. Data storage encryption of Page 9 of 32 sensitive fields is done.

(xxvi) Any document that is uploaded to the server is subjected to symmetric encryption using a generated symmetric key. Further this key is subjected to asymmetric encryption using buyer’s public keys. Overall, the submitted tender documents become readable only after the tender opening by the authorized individual.

(xxvii) For any queries, the bidders are asked to contact by mail cppp- [email protected] or by phone 1-800-3070-2232, Mobile No. 91-7878007972 and 91-7878007973 well in advance.

(xxviii) Tenderer is required to submit their tender through online in the form of Two Cover System on or before schedule bid due date of closing and time as notified in NIT. The tender received after the due date and time will not be entertained.

(xxix) Tender Document can be submitted online only in the designated e- procurement portal eprocure.gov.in on or before the due date and time. The time of opening of technical bid will be as notified in the NIT.

(xxx) Tenderer should submit the tender as per specification of work, drawings and in accordance with the instructions to bidders, General Conditions of Contract .

General Manager (CS&BD) Kamarajar Port Limited

Page 10 of 32 SECTION 3 INSTRUCTIONS TO THE TENDERERS

TENDER FOR PROVIDING 4 NOs. OF TEMPO TRAVELLERS (12+1 Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS.

3.1 GENERAL: Tenders through E- procurement mode for " Providing 4 Nos of Tempo Traveller (12+1seater) on monthly hire basis for pickup and drop of Kamarajar port employees from different parts of Chennai city for a period of two years from January 2018 onwords through e – Procurement mode” are invited from the eligible tenderers. The detailed technical specification, instructions to the tenderers, conditions of tender, etc. are attached herewith. Tenderers are advised to submit the bid in accordance with terms and conditions and eligibility etc, as detailed in the tender document. The details of each route are as follows. Route 1 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Railway station to Kamarajar Port daily start at 8.00 a.m via., , Ashok pillar, , , roundtana, TPP Road and on return at 5.00 p.m from Port to Pick-up point. (2500 kms). Route 2 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Railway station to Kamarajar Port daily start at 8.00 a.m via., , , Madhavaram roundtana, TPP Road and on return at 5.00 p.m from Port to Pick-up point. (2100 kms). Route 3 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Annanagar (Thirumangalam)/Mugapair west to Kamarajar Port daily start at 8.00 a.m via., Padi junction, Madhavaram roundtana, TPP Road and on return at 5.00 p.m from Port to Pickup point ( 2100 kms). Route 4 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Beach Station to Kamarajar Port daily start at 8.30 a.m., via , Thiruvottiyur, Ennore and return at 5.00 p.m from Port to pick up point (1250 kms). Note: 1. The time indicated in the different routes is based on the present port office working hours. If any changes in the timing of working hours at port, starting time and return time of different routes will be changed and accordingly the travel agency should supply the vehicle. The change in time will be communicated if its occurrence.

Page 11 of 32 2. The Km shown in each route is indicative only. The payment will be made on the quoted rate for the specified route and not for the actual km usage. 3.2 BRIEF DESCRIPTION OF THE TENDERING PROCESS : 3.2.1. e- PROCUREMNET MODE (i) The port intends to follow online Tendering process (two cover) for selection of Qualified Tenderer for the work. In the 1st stage (Cover-I) upon evaluation, Kamarajar Port shall announce the pre-qualified Tenderers to proceed to the 2nd stage (Cover-II). 3.2.2 COVER – I QUALIFICATION CRITERIA The cover 1 should contain the following proof of eligibility criteria documents as detailed in the tender and the same must be SCANNED AND UPLOADED in the e-procurement website as instructed.

i. Copy of R.C. books in support of ownership duly signed by notary public.

ii. Documentary evidence for substantiating the technical experience sought by Port under clause pre qualification criteria. iii. Documentary evidence for substantiating the Financial Turnover Criteria sought by Port under clause pre qualification criteria. iv. Copy of GST Registration Certificate. v. Scanned copy of DD / Banker Cheque / Pay Order towards EMD shall be uploaded. vi. The Tenderer should furnish an undertaking agreeing to furnish the details of the vehicles specification to be deployed with the conditions mentioned in Terms and Conditions. vii. Tender Form, The Schedule of General Particulars of Tenderer, Power of Attorney duly filled and the tenderer shall abide by all the Technical and Commercial conditions of the KPL Tender Document. viii. All pages of the documents to be signed, dated by the tenderer. The original Demand Draft / Banker’s Cheque / Pay Order towards EMD must reach Kamarajar Port Limited in corresponding address before opening of Technical Bid as per the date and time given in this tender.

3.2.3 COVER – II FINANCIAL BID – Price Schedule The financial proposal should be uploaded through e portal only. Price should be quoted in the Financial Bid in a spread sheet file (.xls ) available in e-procurement Portal only. The BOQ must be

Page 12 of 32 downloaded from e portal and the same should be uploaded after filling the relevant columns. Any indication of ‘Quoted price’ in the online Qualification Documents & Technical Bid documents shall lead to rejection of the bid outright . For evaluation purpose the uploaded offer documents will only be treated as authentic and final. The financial bid submitted through e- procurement mode only will be taken up for the purpose of evaluation.

The KPL shall have the right to review the Technical Qualification and seek clarifications wherever necessary.

3.2.4 PRE-BID MEETING: Pre-bid meeting with prospective tenderers will be held at Kamarajar Port Limited, Port Administrative Building, Vallur Post, Chennai – 600 120 on 10.11.2017 at 11.00 hrs in which tenderer may take the opportunity of seeking clarification if any. Tenderers are advised to attend the pre-bid meeting. Non attendance of pre-bid meeting shall not be a cause for disqualification of the tender. Based on the discussion the specifications and conditions will be frozen as necessary. No queries will be entertained after pre-bid meeting. The text of questions raised and response of the KPL will be uploaded in the KPL / e portal, including a description of the enquiry but without identifying its source .

3.2.5 DEADLINE FOR SUBMISSION OF BIDS a) Bids must be uploaded in the website www.eprocure.gov.in not later than the time and date indicated in the Notice Inviting Tender . b) The employer may extend the deadline for submission of the bid by issuing an amendment. Since the bid document being downloaded from web site and uploaded through e-Tender website www.eprocure.gov.in , the bidder shall give an undertaking that no changes have been made in document.

3.2.6 MODIFICATION AND WITHDRAWAL OF BIDS a) The bidders may modify, substitute or withdraw their tender after submission by giving notice in writing before the deadline through e- Procurement Mode.

Page 13 of 32 b) No bid shall be modified after the deadline for submission of bids.

Since the tender involves selection based on pre-qualification criteria, the General Manager (CS & BD) or his authorized officials of KPL will examine and seek necessary clarification if any and list out the firms, which are found technically suitable and Online Cover-II Price Bid of such tenders only will be opened and EMD will be returned to the other disqualified tenderers.

a. The date and time will be intimated to tenderers whose offers are found suitable and Online Cover – II of such tenderers will be opened on the specified date and time.

b. The Fax/E-Mail offers will be treated as defective, invalid and rejected. Only detailed complete offers received through online prior to closing time and date of the tenders will be taken as valid.

3.2.7 VALIDITY OF OFFER : The price quoted by the tenderer must be firm and should hold good at least for 6 months from the date of opening of the Tender.

3.2.8 EVALUTION OF THE TENDER e – PROCUREMENT MODE

On the day of opening, the cover I (technical bid) of tenderer who have paid EMD amount (i.e. EMD amount should be received before opening) alone will be opened and Cover II (Price Bid) in online will not be opened.

The tenderer should not indicate the quoted rate directly or indirectly in Cover – I or anywhere of the bids. Any such offer shall disqualify the tender forthwith.

For the Pre-qualification stage, the Tenderers have to furnish information on their Technical and Financial capability in Cover - I in accordance with the conditions and formats specified in this Tender Document. During Tender evaluation, if required KPL to seek the clarification from the uploaded documents of tenderer and additional/supplementary documents cannot be considered.

The Cover - II containing the online Price Bid of all the Technically and Commercially Pre-qualified Tenderers will be opened on the date and time fixed by the General Manager (CS&BD) through e-procurement mode.

The Cover - II (Price Bid) of the Tenderers who fail to Pre-qualify will not be opened.

Page 14 of 32 Upon evaluation of competitive offers of both Technical (cover-I) and the Price Bid (cover-II), the contract will be awarded to the lowest offer of each route. Cumulative lowest total of four routes will not be considered for award of work. In case, two tenderer quotated the same rate for same route, the work will be awarded based on the rate quoted for other route lowest offer or lot system.

The KPL do not bind themselves to accept the lowest or any tender or part thereof and reserve the right to accept or not accept any or all of the tenders either in whole or in part, without assigning any reason thereof and reserves the right to divide the contract between two or more tenderers.

3.2.9 EMD-FORFEITURE Where a firm whose tender has been received, intimate the General Manager (CS&BD) that he is not willing to abide by the terms of the tender or goes behind the clarifications made before the tender Committee appointed to scrutinise the tenders in respect of terms of the tender, or withdraws the tender before receipt of final acceptance or where a person whose tender has been accepted fails (i) to execute an agreement in such form as aforesaid in respect of all works for which the tender is accepted within 30 days of such acceptance is made known to him (or) (ii) to furnish the Security Deposit within the prescribed time, the Earnest Money deposited by such tenderer is likely to be forfeited and the contract is liable to be cancelled or the agreement if executed is liable to be treated as null and void.

Further the EMD shall also be forfeited, if the tenderer submits false information. After the contract awarded on route basis, the tenderer fails to pay the security deposit and execute the agreement for the route, the EMD amount shall be forfeited accordingly. i.e. Forfeiture of EMD for particular route only and the other route EMD amount will be released.

3.2.10 SECURITY DEPOSIT: The firm who have been selected must pay Security Deposit within 15 days of receipt of notice of such acceptance or within such extended time, as may be allowed by the General Manager (CS&BD), at his discretion, the sum of equal to 10% of the annualized awarded value as security deposit by Demand Draft (or) Pay Order (or) Bank Guarantee on any Nationalised Bank/Scheduled Bank payable at Chennai in the name of Kamarajar Port Limited. The security deposit will be returned after successful completion of the contract period and after settlement of final bill.

Page 15 of 32 3.2.11AGREEMENT: Further the tenderer undertakes, if his tender is accepted, to enter into and execute when called upon to do so, an Agreement with such modifications as agreed upon and unless and until the formal agreement is prepared and executed, this tender together with the written acceptance shall form a binding between the Company and the tenderer.

The form of agreement will be given to the successful tenderer on receipt of the security deposit. The cost of stamping the agreement must be borne by the successful tenderer and execute the Agreement within 30 days from the date of order.

3.2.12 TERMINATION OF THE CONTRACT: The contract shall be terminated by either side by giving three months notice in writing. However KPL reserves the right to terminate (or) cancel the order for violating the terms and conditions of the contract or if the performance is not satisfactory, by giving an advance notice of 15 days time and also Security Deposit will be forfeited.

3.2.13 DISPUTES: a. In case of disputes, The decision of the General Manager (CS&BD) shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the Specifications, and instructions hereinbefore mentioned and as to the quality workmanship or materials used on the work or any matter arising out of or relating to specifications, and instructions concerning the work or the execution of or failure to execute same, arising during the course of vehicle operation and during performance period. The above shall not be subject of the arbitration and in no case shall the work be stopped consequent on such a dispute arising and the work shall also be carried out by the Tenderer strictly in accordance with instructions of the General Manager (CS&BD) or his authorized representative.

b. If the Tenderer claims that the decisions or the instructions of the General Manager (CS&BD) are unjustified, and that accordingly he is entitled to extra payment, on account thereof, he shall forthwith notify this to the General Manager (CS&BD) to record his decisions and the reasons thereafter in writing and shall within two weeks state his claims in writing to the General Manager (CS&BD).

c. The General Manager (CS&BD) shall thereafter within four weeks of the receipt of the claims, reply to the points raised in the claims. Unless resolved by negotiations or discussion immediately thereafter within a further four weeks, the question of liability of such payment will be treated as one of dispute.

Page 16 of 32 If it is any Disputes arise, the same shall be referred to the Arbitration Center. The madras High Court Arbitration Center rule shall be applicable on both the parties. The disputes shall be adjusted by sole arbitrator as per madras high court arbitration rules. The court of Madras shall have exclusive jurisdiction under the Arbitration & Conciliation Act 1996.

In no case the work shall be stopped consequent to any dispute arising during the contract period and the work shall also be carried out by the tenderer in accordance with the instructions of the concerned user departments.

3.2.14 UNDERTAKING LETTER UNDER PREVENTION OF CORRUPTION ACT: The tenderer shall give an undertaking that they have not made any payment or illegal gratification to any person / authority connected with the tender process so as to influence the tender process and have not committed any offence under the P.C. Act in connection with this tender. The tenderer shall disclose any payments made or proposed to be made to any Intermediaries (agents, brokers etc.) in connection with this tender.

3.2.15 EMPLOYMENT OF PERSONNEL IN COMPLIANCE WITH STATUTORY REGULATIONS :

The Tenderer shall be free to employ his employees and fix its own work norms including manning pattern for operating the vehicles, wage structure for employees, working hours and shift systems and other welfare measures for the employees including incentive schemes etc. However the tenderer shall adhere to all applicable Labour Law(s) like Workmen Compensation Act, P.F. Act, ESI act, Industrial Dispute Act, Factories Act, Contract Labour Act, Child Labour Act, Minimum Wages Act etc., and shall also comply with the guidelines issued by the Government of India from time to time.

It shall be the sole responsibility and liability of the tenderer to pay the salaries and other allowances payable to its employees, employed by them. Under no circumstances, any of the personnel/employees of the tenderer shall be deemed to be the personnel/employees of the KPL. The employees of the tenderer shall not involve any unlawful activities, shall not stay unnecessarily inside the Port premises and should not indulge or make any damage to the KPL property.

General Manager (CS&BD) Kamarajar Port Limited

Page 17 of 32 SECTION 4 TERMS AND CONDITIONS

PROVIDING 4 NOS OF TEMPO TRAVELLER (12+1Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS.

4.1. CONDITIONS.

i. All the vehicles to be supplied shall be registered on or after year 2016. Only such vehicles will be considered. ii. All the vehicles & driver shall have valid comprehensive insurance till the contract period. iii. The vehicles shall have Tourist vehicle Registration only. The applicable mandatory regulations as stipulated by RTO, must be complied with and must be revalidated before the expiry of the due date during the tenure of the contract period. iv. The tenderer shall not sub-let the contract. v. Only Officials/ employees/contract employees of KPL will be permitted to avail the vehicle services. vi. No materials will be permitted to pass outside the KPL gates using the vehicles either by the contractor or by the employees of the KPL/KPL Service Provider (User). vii. The timings shall be maintained for the vehicles as per the instructions by the user departments’ officials. viii. Contractor shall not engage the driver below 18 years of age. The driver should have valid driving license and provided with uniform. ix. Contractor shall maintain register/records with complete details of vehicles provided, days of operations, utilization of vehicles and driver log book etc. during the Contract period. x. The contractor shall be responsible for up-keep and maintenance of the vehicles. In case the vehicle breaks down, it should be the sole responsibility of the contractor to make immediate arrangement to provide alternate vehicle in time without extra cost to the Port. xi. If a vehicle supplied by the contractor is not in acceptable condition and is refused by the user, no payment shall be made to the contractor for that day against that vehicle. xii. The contractor shall park the vehicles at his own risk and cost. KPL shall not be responsible for any loss or damage caused to the vehicles while parked at KPL’s premises or anywhere else during the contract period.

Page 18 of 32 xiii. The contractor shall have to obtain port entry pass for the vehicles and drivers at free of cost for operation of the vehicle inside the port area during the contract period. xiv. All vehicles shall have a good air conditioning and audio/video system. During the tenure of contract, if any repair happens the same should be rectified within two days. If any delay for rectification of air conditioning and audio/video system will attract penalty of Rs.500/day on third day onwards and totally 2 days per month is accepted. 4.2. SAFETY AND SECURITY:

The Contractor shall ensure that no driver either under the influence of alcohol or under stress be deployed for KPL’s service. KPL reserves the right to subject the drivers for alcohol consumption test at random by the KPL Officer through Hospital.

If any accident occurred, the Tenderer shall intimate immediately to the Officer of the concerned department, Safety Officer, CISF and Police authorities.

KPL will not be liable for any altercation/accident during the contract period.

Contractor shall be solely responsible for any damage to the KPL property.

KPL being a protected Industry the person deployed by the Contractor for this service will not indulge in any illegal/Anti social/ anti-national activities. The Contractor shall ensure all safety and security regulation of KPL. The Tenderer shall not give, barter or otherwise dispose of to any person or persons any arms or ammunition of any kind or permit or offer the same as aforesaid.

4.3. COMMERCIAL CONDITIONS

(i) VALIDITY OF RATE:

The rate shall be firm and final till completion of period of contract. No escalation in rates due to increase in maintenance charges, diesel charges and other charges. The tenderer shall also possess the capability of arranging more number of Vehicles at the time of requirements.

The rates shall be firm for the entire duration of the contract and there shall be no escalation of rates on any account.

(ii) RATES AND TAXES:

The tenderer shall quote the rate in the financial proposal through e- procurement portal including the cost for the supply,

Page 19 of 32 maintenance, operation, Road tax, permit charges, diesel, drivers salary, Insurance, parking charges, all Taxes and other statutory charges as applicable etc. but excluding GST for the vehicle service for the period concern and toll charges, if any, will be reimbursed.

GST will be reimbursed to the service provider on reflection of invoice in KPL’s portal.

In case Government imposes any additional levies or taxes on this service during the contract period, the same will be reimbursed only on production of documentary evidence.

The Tenderer should read all the terms and conditions of this Tender document and shall quote the rates accordingly.

The Tenderers are requested to inspect the Port’s different operational areas before quoting the price.

(iii) EXTENTION OF CONTRACT:

At the expiry of the contract period, KPL reserves the right to extend the contract for a further period up to 12 months at the same rates, terms and conditions.

4.4. LIQUIDATED DAMAGES:

The successful tenderer shall start operating the service within 15 days from the date of receipt of first order (new order). Any delay in commencement of operation beyond 15 days from the date of receipt of first order (new order) will attract Liquidated damages of Rs.1000/- per day upto the starting of the service, but not exceeding 15 days and thereafter Termination of Contract clause would be invoked.

4.5. PENALTY:

If there is any disruption (or) non-performance of service due to any reason or whatsoever, the following penal charges will be levied:-

a) Rs.1000/= towards penalty for each day. b) In addition non-payment of proportionate hire charges for those days.

If the disruption or Non performance of service repeats or continuous for more than two days, termination of contract clause would be invoked. 4.6. PAYMENT TERMS:

Payment will be made once in a month only on submission of consolidated trip sheet signed & dated along with separate KPL bill in the prescribed

Page 20 of 32 format after deducting Income Tax, penal charges and other applicable deduction if any from the monthly bill. The Km shown in each route is indicative only. The payment will be made on the quoted rate for the specified route and not for the actual km usage. Monthly payment will be made within 24 working days from the receipt of bill submitted by the contractor with the required supporting documents.

The driver shall ensure that the time and the total KM run at the time of release of the vehicle(s) are recorded by the user duly signed by him in the trip sheet/log sheet.

The contractor should give the PAN Number for Income Tax deduction at source.

The contractor should give the Bank Account Details for the payments through ECS.

4.7. INSURANCE :

The vehicles & diver should cover appropriate Insurance coverage to safeguard the interest of the Port against all risks involved in hiring and operation of the vehicles to comply with the Tamil Nadu Motor Vehicle Rules 1989.

4.8. DISCONTINUANCE BY THE CONTRACTOR :

If the tenderer is not in a position to continue the contract, he should give intimation to this Port in writing (3) three months prior to the proposed date of discontinuance of the contract. In such a case the Security Deposit will be forfeited.

4.9 TENDER DEFINITIONS AND INTERPRETATIONS In the contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise required:- (a) "KPL" means Kamarajar Port Limited as amended from time to time. (b) "GM (CS&BD).” means the General Manager (Corporate Strategy & Business Development) of the Kamarajar Port Limited. (c) “ENGINEER'S REPRESENTATIVE" means any Engineer or Assistant of the GM (CS&BD) deputed from time to time by the GM(CS&BD) to perform the duties as may be specified in this contract. (d) "TENDERER" means person or persons, firm or company whose contract has been accepted by the Board and includes Tenderer’s personal representatives, successors and permitted assigns.

Page 21 of 32 (e) "CONTRACT" means the Conditions of contract, Specifications, schedule of items of work within quantities and rates therein, contract and contract agreement. (f) "CONTRACT PRICE" means the sum specified in the contract subject to such conditions thereto or deductions there from as may be made under provisions hereinafter contained. (g) "SITE" means the lands and other places on/under/in/of, through which the 'work ' are to be executed or carried out and any other lands or places provided by the KPL for the purposes of the TENDER. (h) "WORKS" means the works to be executed in accordance with the TENDER under the relevant schedules.

It must be clearly understood that the rates mentioned in the Financial Proposal as indicated in the KPL Tender document are inclusive of everything required to be done by the conditions of the contract and specifications and also all such work as is necessary for the proper completion of the contract although special mention thereof may have been omitted in the specification.

General Manager (CS&BD) Kamarajar Port Limited

Page 22 of 32 Annexure 1 Government of India Guidelines on Purchase Preference: Procurement through Micro & Small Enterprises [MSEs]: Procurement through MSEs will be done as per the Policy guidelines issued by the Ministry of Micro, Small & Medium Enterprises from time to time. Following are the conditions applicable as per the Government of India Guidelines ∑ This MSEs should have been registered with: o District Industries Centers or o Khadi Village Industries Commission or o Khadi & Village Industries Board or o Coir Board or National Small Industries Corporation or o Directorate of Handicrafts & Handloom or o Any other body specified by the Ministry of Micro, Small & Medium Enterprises. ∑ MSEs participating in tenders, quoting price within price band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their price to L1 in a situation where L1 price is from someone other than MSE & such MSE shall be allowed to provide service upto 20% of total tendered value. In case of more than one such MSE, the services shall be shared proportionately according to the tendered quantity.

∑ Special provisions for MSEs owned by SC or ST- Out of the 20% annual target from MSE, a sub-target of 20% [i.e. 4% out of 20%] shall be earmarked for procurement from MSE owned by SC or ST entrepreneurs.

∑ MSEs are also exempted from paying Application fee/cost & EMD.

∑ MSEs should submit the relevant documentary proof for claiming the exemptions.

∑ MSEs shall have basic required qualification under eligibility criteria specified in the Tender and the above Policy will be applicable to those qualifying Bidders only.

The Eligible MSEs who intend to match the L1 Price (ultimately decided by KPL) shall indicate the willingness to match the L1 Price within 6 working days from the date of communication from KPL to avail the purchase preference

The details are available on web site dcmsme.gov.in. Interested vendors are requested to go through the same for details. Apart from the above the provisions of the Policy Circular No.1(2)(1)/2016-MA dtd 10th March 2016 of Govt. of India ,Ministry of Micro ,Small and Medium Enterprises ,New Delhi also will be allowed.

Page 23 of 32

SECTION 5 FORMS FORM 1 - TENDER FORM (On letter head of the Tenderer)

(Date and Reference) To General Manager (CS&BD) Kamarajar Port Limited Chennai – 600 120

Sub: Tender for Providing 4 Nos of Tempo traveler (12+1 Seater) on Monthly hire basis for pickup and drop of Kamarajar Port employees from different parts of Chennai city for a period of two year. Sir,

1. Having examined the Instructions to the Tenderers, Terms and Conditions of contract, Specifications and Annexure attached to the Tender for providing 4 nos of Tempo Traveller (12+1 seater) on monthly hire basis for pickup and drop of Kamarajar port employees from different parts of Chennai city for a period of two years through e – Procurement mode on conformity with said conditions of contract, specifications, etc the rates for hiring as prescribed in the Financial Proposal in E Portal. 2. We further undertake, if our tender is accepted, we will deposit the Performance Security deposit as set forth in the Instructions to Tenderer and direction for the guidance of the tender document. 3. We further undertake, if our tender is accepted, to enter into and execute, within 30 days from the date of receipt of Order for execution of the agreement on being called upon to do so, an agreement in the form annexed and the conditions of contract with any modifications as agreed upon. 4. Unless and until a formal agreement is prepared and executed, Minutes of Tender Committee Meeting, Correspondence on clarification & Company’s Letter of Intent will have legal binding on the Tenderer. 5. We agree to abide by this tender for the period of 6 months from the date fixed for receiving the same. 6. We further agree that in the event of our withdrawing the tender before the receipt of the final decision or in the event of failing to deposit the Performance security deposit in such form as contained in the tender or in the

Page 24 of 32 event of our tender being accepted, fail to execute an agreement in the form aforesaid within 30 days from the date of receipt of order to commence the work, the deposit of the Earnest Money shall stand forfeited to the KPL.

7. We understand that KPL is not bound to accept the lowest or any tender that it may receive.

Dated the ………………….. day of ……………… in the capacity of ………………………. duly authorized to sign tender for and on behalf of ………………………

Signature and Office Seal of the Tenderer

(IN BLOCK CAPITALS) Witness Sign & Address. 1.

2.

Page 25 of 32

SECTION 5 - FORM 2 SCHEDULES OF GENERAL PARTICULARS OF TENDERER . (On letter head of the Tenderer)

The Tenderer shall furnish the following documents along with supporting documents.

1. Name of Tenderer. 2. Address of Tenderer. 3. Fax Code/E-mail ID of Tenderer. 4. Name and designation of the contact person of the Tenderer to whom all reference shall be made for expeditious Technical Co- ordination. 5. Infrastructure facilities available. 6. Service facilities available. 7. Tenderer’s proposal reference and Date. 8. Tenderer’s validity period (to be specified clearly) 9. Whether Earnest Money as desired deposited? 10. Whether all Technical details called are satisfied and price quoted in e portal? 11. Whether the Completion Report from user of previous orders enclosed for Eligibility Criteria? 12. Documentary evidence for having valid GST/PAN details.

13. Bank details.

Signature & Date Name: Designation:

Page 26 of 32 SECTION 5 - FORM 3 FORM OF AGREEMENT

(Subject to modifications as required by the EMPLOYER)

Contract Agreement No…………..dated

MEMORANDUM OF AGREEMENT MADE ……… day of 2018 at Chennai between the Kamarajar Port Limited, Chennai hereinafter called the ' KPL ' of the ONE PART and Messrs …………………Hereinafter called the ' Tenderer' on the OTHER PART .

WHEREAS KPL is desirous for Hiring of 4 Nos of Tempo travelers (12+1 Seater) on monthly hire basis for pick up and drop of Kamarajar Port employees from different parts of Chennai city for a period of two years at the rates and the conditions specified in the financial proposal and tender document respectively whereas the Tenderer has agreed to supply, maintenance and operation of Vehicle, Services on monthly basis valid for two years referred to at the rates quoted in E Portal Financial Proposal in the respective route therein and subject to the Terms and Conditions of tender herein referred to as the "said conditions" and as security for the due fulfillment of all conditions of this TENDER, the Tenderer has deposited a sum of Rs. /- (Rupees …………………………….only) towards Security Deposit vide Demand Draft bearing No. dt. issued by ………….

NOW it is hereby agreed as follows: 1. In consideration of the sum to be paid at the time and in the manner set-forth in the said conditions, the tenderer will upon and subject to the said conditions supply, maintain and operate as described in all the cost as indicated in Company’s Tender document with such variations as provided for in the said conditions if any. 2. The said conditions shall be read and construed as forming part of this agreement and the parties hereto will respectively abide by and submit themselves to the conditions and stipulations and perform the agreement on their parts respectively. 3. (i) The decision of the General Manager (CS&BD) shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the Specifications, and instructions hereinbefore mentioned and as to the quality workmanship or materials used on the work or any matter arising out of or relating to specifications, and instructions concerning the

Page 27 of 32 work or the execution of or failure to execute same, arising during the course of vehicle operation and during performance period. The above shall not be subject of the arbitration and in no case shall the work be stopped consequent on such a dispute arising and the work shall also be carried out by the tenderer strictly in accordance with instructions of the General Manager (CS&BD) or his authorized representative.

3. (ii) If the Tenderer claims that the decisions or the instructions of the General Manager (CS&BD) are unjustified, and that accordingly he is entitled to extra payment, on account thereof, he shall forthwith notify this to the General Manager (CS&BD) to record his decisions and the reasons thereafter in writing and shall within two weeks state his claims in writing to the General Manager (CS&BD).

3. (iii) The General Manager (CS&BD) shall thereafter within four weeks of the receipt of the claims, reply to the points raised in the claims. Unless resolved by negotiations or discussion immediately thereafter within a further four weeks, the question of liability of such payment will be treated as one of dispute.

IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day year first above written. The agreement is executed at Chennai.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND For and on behalf of KPL For and on behalf of Contractor:

(Signature) (Signature) (Name) (Name) (Designation) (Designation)

In the presence of: 1. 2.

Page 28 of 32 SECTION 5 - FORM 4 FORMATS FOR POWER OF ATTORNEY.

Dated: ______POWER OF ATTORNEY (To be executed on non-judicial stamp paper of the appropriate value in accordance with relevant stamp Act. The stamp paper to be in the name of the company who is issuing the power of Attorney)

To Whomsoever It May Concern

Mr. ______(Name of the Person(s)), domiciled at ______(Address), acting as ______(Designation and name of the firm), and whose signature is attested below, is hereby authorized on behalf of ______(Name of the Tenderer) to provide information and respond to enquiries etc. as may be required by the KPL or any governmental authority for the (project title)______and is hereby further authorized to sign and file relevant documents in respect of the above.

Dated this ……… day of …………. 2015.

(Signature of authorized Signatory)

……………………………………… (Signature and Name in Block letters of Signatory) Seal of Company

Witness

Witness 1: Witness 2: Name: Name: Address: Address: Occupation: Occupation:

Page 29 of 32 SECTION 5 - FORM 5 CHECK LIST (On letter head of the Tenderer)

SL.NO. DESCRIPTION REMARKS

1 EMD enclosed Yes/ No 2 Cover – I ( Technical and Commercial bid) Yes/ No a. Compliance to Technical Specification Yes/ No b. copy of Balance Sheet enclosed Yes/ No c. copy of Profit & Loss Account Yes/ No d. copy of work orders and their respective Yes/ No Completion Certificate for the previous similar work orders executed e. Tender Form duly filled. Yes/ No f . Schedule of general particulars duly filled Yes/ No g. Power of Attorney Format duly filled, signed & Yes/ No sealed. h. Undertaking of agreeing to furnish the details of Yes/ No the vehicle specification to be deployed with condition mentioned in tender document. h. GST Registration certificate Yes/ No

ACCEPTANCE OF THE KPL’S TERMS & CONDITIONS :

1 Validity (6 months) Yes/ No 2 Security Deposit Yes/ No 3 Execution Period Yes/ No 4 Payment Terms Yes/ No 5 Liquidated Damages Clause Yes/ No 6 Other Terms & Conditions Yes/ No

TENDERER SIGNATURE

Page 30 of 32 SECTION 6 FINANCIAL PROPOSALS

PROVIDING 4 NOS OF TEMPO TRAVELLER (12+1Seater) ON MONTHLY HIRE BASIS FOR PICKUP AND DROP OF KAMARAJAR PORT EMPLOYEES FROM DIFFERENT PARTS OF CHENNAI CITY FOR A PERIOD OF TWO YEARS THROUGH E-PROCUREMENT

Note: The BoQ must be downloaded from www.eprocure.gov.in. and the same BoQ template must not be modified / replaced by the bidder and the same should be uploaded after filling the relevant columns or else the bid is liable to be rejected for this tender. Bidders are allowed to enter the bidder name and values only. The financial bid uploaded through e-procurement mode only will be taken up for the purpose of evaluation. For evaluation purpose the uploaded offer documents will be treated as authentic and final. Applica Applic Basic Total ble GST able Rate + Amount SL. Quant Basic in GST in Applica Description of work Units No ity Rate Rupees % ble GST in Rupees 1 2 3 4 5 6 7 8=5+6 9=8x3 1 Route 1 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Velachery Railway station to Kamarajar Port daily start at 8.00 a.m via., Month Kathipara junction, Ashok 24 s pillar, Vadapalani, Padi junction, Madhavaram roundtana, TPP Road and on return at 5.00 p.m from Port to Pick-up point . ( 2500 kms) as per the terms and conditions specified in tender. 2 Route2 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from to Kamarajar Port daily start Month at 8.00 a.m via., Pudhur, 24 s Retteri, Madhavaram roundtana, TPP Road and on return at 5.00 p.m from Port to Pick-up point . ( 2100 kms) as per the terms and conditions specified in tender. 3 Route 3 : Providing one number Air conditioned Month Tempo Traveller vehicle 24 s (12+1 seater) on monthly

Page 31 of 32 Applica Applic Basic Total ble GST able Rate + Amount SL. Quant Basic in GST in Applica Description of work Units No ity Rate Rupees % ble GST in Rupees 1 2 3 4 5 6 7 8=5+6 9=8x3 hire basis from Annanagar (Thirumangalam) /Mugapair west to Kamarajar Port daily start at 8.00 a.m via., Padi junction, Madhavaram roundtana, TPP Road and on return at 5.00 p.m from Port to Pickup point (2100 kms) as per the terms and conditions specified in tender. 4 Route 4 : Providing one number Air conditioned Tempo Traveller vehicle (12+1 seater) on monthly hire basis from Beach Station to Kamarajar Port daily start at 9.00 a.m., Month via Royapuram, 24 s Thiruvottiyur, Ennore and return at 5.00 p.m from Port to pick up point (1250 kms) as per the terms and conditions specified in tender. 5 Total Amount (Sl. No. 1 to 4)

1. The work shall be awarded to the lowest price / offer of each route and not a cumulative total of all the four routes. 2. The Quoted rate is as per the terms and conditions specified in the Tender for the entire contract period and which is inclusive of cost of diesel, oil, consumables, driver's pay, batta, service charges, parking charges, insurance charges, statutory taxes, etc, During finalization of L1,L2,L3 tenderer, Tenderer basic rate + applicable GST in rupees quoted by the tenderer shall be considered, however during payment to the successfull tenderer basic rate only will be considered and GST percentage amount will be reimbursed to the service provider on reflection of invoices in KPL portal

3. No revision of rates on any account will be payable during the entire contract period.

SIGNATURE OF THE TENDERER

DATE: SEAL

Page 32 of 32