EOI for CCTV & Display installation in bus & advt rights · NMMT intends to install Transit...

NAVI MUMBAI MUNICIPAL TRANSPORT

UNDERTAKING Balapur Bhavan, 8th Floor, Sector 11, NAVI MUMBAI – 400 614.

E-TENDER

Expression of Interest For

Installation of Transit Surveillance System & LED Display

Board inside Buses & Advertising Rights

Tender No.NMMT/TM/ENGG/03/2019-20

Disclaimer

The information contained in this Expression of Interest document (the “EOI”) or subsequently

provided to Applicant(s), whether verbally or in documentary or any other form, by or on behalf of

Navi Mumbai Municipal Transport (NMMT) or any of its employees or advisors, is provided to

Applicant(s) on the terms and conditions set out in this EOI.

This EOI is not an agreement and is neither an offer nor invitation by NMMT to the prospective

Applicants or any other person. The purpose of this EOI is to provide interested vendors with

information that may be useful to them in the formulation of their application.

NMMT also accepts no liability of any nature whether resulting from negligence or otherwise

howsoever caused arising from reliance of any Applicant upon the statements contained in this EOI.

The issue of this EOI does not imply that NMMT is bound to select and shortlist Applicants for next

stage or to enter into any technology tie-up agreements with shortlisted Applicants for the Project.

The Prospective Implementation Partner shall bear all costs associated with the preparation,

technical discussion/ presentation and submission of EOI, NMMT shall in no case be responsible or

liable for these costs regardless of the conduct or outcome of the EOI process

Project Brief

Navi Mumbai Municipal Transport Undertaking (NMMT) is the city transport undertaking of Navi

Mumbai Municipal Corporation (NMMC). At present, NMMT operates a total of 500 buses on 65

routes. The city bus services concludes that the total route length for all the services is 1820 km, the

average length of all routes are approximate 26 km with maximum of 60 km and minimum of 5 km

and daily passenger of more than 3 Lakhs.

NMMT intends to install Transit Surveillance System inside bus for security of passengers and also

allow private agency to advertise on LED Display board inside the bus with revenue sharing. For this

project we would like to select solution provider with BOT model proposals.

TENDER FEE : ` 4,248/- (Including GST)

EMD : `60,000/-

Contract Period : Five Years & can be extended option of NMMT

Schedule of Bidding Activities:

Sr. No. Events Details

Sale of Document fees, Bid Preparation –

Uploading of Technical & Financial Bids on

https://nmmc.maharashtra.etenders.in

From 06/06/2019 to 26/06/2019 upto

15:00 Hrs

All corrigenda, addenda, clarifications, time

extensions etc. related to this EOI will be

hosted on

https://nmmc.maharashtra.etenders.in

3 Date of pre-bid meeting 14/06/2019 at 14:00 Hrs

4 Control Transfer of Bid From 27/06/2019 to 29/06/2019, upto

15:00 Hrs

4 Date of Opening of Technical Bid 29/06/2019 at 16:00 Hrs (if possible)

Note : All the Bidder’s may note that Register on the website & obtain the

Digital Signing + Encryption Certificates for participate in the tender.

Scope of Work & Responsibilities

Obligations of Bidders/Contractors:

A) Transit Surveillance System a) Features requirement:

� Near to live surveillance from cameras

� Easy portal based access to recorded material

� Additional useful metadata along with captured images & videos

� Analysis of surveillance footage with artificial intelligence will be implemented within a year.

� Cloud based storage

� Hugh definition digital recording

� Extremely low downtime & auditing if cameras in real-time

� Low power requirements

b) Technical specifications:

� 5/8 MP digital camera Scalable upto 1920x1024 pixels

� Recording on local USB as well as cloud storage

� IoT based system to implement AI & other capabilities

� Single point management for all cameras

� Customised user interface for search queries.

� 6. 19" transit media compliant screens with WiFi support.

B) LED Display Board:

� Max resolution of screen : 1366 X 768

� Screen ratio : 15:9

� Viewing angles : 50°/50°/45°/40° (L/R/U/D)

Power requirements

1. DC power from BUS battery. Max 8 watts for camera operations.

2. 15 watts/ per screen.

SCHEDULE-I

INSTRUCTIONS TO TENDERERS

1. A) EOI is called herein for Selection of Solutions provider for Installation, Commissioning and

Maintenance of equipment facilitating Wireless closed network Content on Demand services (COD

equipment) in the Buses and at the Major Bus Stations of the NMMT Undertaking with built-in

Storage for Entertainment to the Passengers and Commuters as per the Undertaking’s

requirements.

The NMMT Undertaking plans to implement Content on Demand servicesfor the passengers and

commuters, as per the Undertaking’s Specifications & Requirements as mentioned above.

Interested Solutions Providers possessing relevant capabilities may respond to the e-tender for

captioned work.

2. This Two Bid e-Tender shall be submitted as under:

2.1 Mandatory Pre-qualification Criteria for Technical Evaluation:

The tenderers shall fill-in the price bids as well as the questionnaire displayed on the website under the

heading Pre-qualification criteria. Some fields in this questionnaire are mandatory Pre-qualification criteria

for technical evaluation and are shown in Schedule–II of Tender documents. The offers of the tenderers

who do not fill-in this questionnaire as per the tender requirements or do not upload the requisite

documents wherever mandatory shall be liable to be rejected summarily and shall not be considered

qualified for technical evaluation. Further, wherever required, the tenderers shall upload the necessary

documents pdf/jpeg format only.

All this exercise of answering and uploading the questionnaire of Pre-qualification criteria and other related

documents, price bids, etc. shall be carried out by the tenderers well in time on or before the bid end date

and time. Tenderers are requested to go through the User Guide & FAQs available on the e-tender website.

Last minute request for postponement of tender shall not be granted.

2.2 Pre-bid Conference:

Pre-bid Conference Meeting shall be held on 14-06-2019 at 14.00 Hrs. at NMMT Office, Balapur

Bhavan, 8th

Floor, Sector 11, CBD Belapur, Navi Mumbai-400614. All tenderers may send their

queries or request for clarifications on Tender document in the prescribed format shown in

Annexure-K by e-mail nmmt.engg@gmail.com or nmmtmail@gmail.com prior to Pre-bid meeting:

2.3 Evaluation of offer:

2.3.1 The prospective tenderer shall have to enclose along with the technical bid, documentary evidences

in support of the mandatory Pre-qualification criteria in the absence of which the bid will be rejected

summarily and the EMD amount may be forfeited. The technical bid will be evaluated only for the

bidders qualifying the mandatory Pre-qualification criteria given in Schedule-II.

2.3.2 In this part, the bids will be reviewed for determining the compliance of the response to the

mandatory Pre-qualification criteria as mentioned in the tender.

2.3.3 The bidder must possess the requisite experience, strength and capabilities in providing the services

necessary to meet the requirements, as described in the tender document. The bidder must also

possess the technical knowhow and the financial where with alt hat would be required to

successfully provide Solutions for Municipal Transport Services and support services sought by

NMMT for the entire period of the contract. The bids must be complete in all respects and should

cover the entire scope of work as stipulated in the tender document.

2.3.4 The Technical bids of all tenderers shall be opened on the next day of Bid End Date (If possible). The Techno-

commercial suitability of the offers received shall be decided on the basis of answers/data/documents

furnished by the tenderers against the Mandatory Pre-Qualification Criteria. The technical evaluation of

only such tenderers shall be done whose Mandatory Pre-qualification criteria have been found suitable.

2.3.5 The Bid-ending date, Bid-opening date, (i.e. Price bid opening date) etc. shall be as displayed on the

e-tender website of this tender. The tenderers shall submit their offers only in ‘e-mode’ (i.e. soft

copy mode) well in time, on or before the said displayed Bid Closing date. No correspondence

connected with the tender, shall be accepted in hard copy format.

2.3.6 Tenderers are also requested to refer the Mandatory Pre-qualification Criteria for the tenderers as

shown in Schedule-II and Evaluation of Offers as shown in Schedule-VI.

3. During the Bidding period, if any technical information/clarifications are required regarding the

tender, the same may be obtained from NMMT office on any working day during office hours

between 10:00 Hrs. to 17:30 Hrs.

4. The tender shall be uploaded complete in all respects and must be accompanied by descriptive and

technical particulars, drawings and other data wherever required as per the Pre-Qualification Criteria.

5. Any technical literature/other information connected with the tender, which the tenderers submit

alongwith the tender shall be uploaded in soft form only. In any case such literature/ information

shall not be accepted in hard copy format.

6. The tender evaluation will be done on the basis of Guaranteed Revenue offered to the NMMT

Undertaking per annum over the contract period. For detailed Evaluation Criteria, please refer

Schedule-VI.

8. Tenderers are requested to go through the important information available on our website i.e. 'E-

tendering toolkit' to enable them to fill and upload the tender documents properly.

9. The tenderers shall accept the Undertaking’s Conditions of Tender & Conditions of Supply in TOTO,

failing which; they shall not be eligible for quoting against the tender. Tenderers are requested to go

through the same carefully.

10. All the tenderers shall have to pay Earnest Money Deposit through Payment Gateway (in e-Payment

mode) only. Further, all the tenderers shall have to pay tender fees through Payment Gateway (in e-

Payment mode) as shown in the respective e-tender.

11. The Earnest Money Deposit paid by the unsuccessful tenderers shall be returned after finalization of

the tender by e-payment mode only to the same account, from which it was filled by the bidder at

the time of bid preparation.

12. All document connected with the tender duly filled in shall be uploaded only in soft form and will not

be accepted in hard copy format e.g. Schedule of Guaranteed Performance & Other Technical

Particulars–Solution, Approach, Methodology & Work Plan, Bill of quantity & Manpower i.e.

Annexure-A, Certificate of Annual Sales Turnover by the Chartered Accountant i.e. Annexure-B,

Schedule of Departures from Technical Specifications i.e. Annexure-C, Bidder’s Details i.e. Annexure-

D, Self-Declaration by the Bidder i.e. Annexure-E, Bidder’s experience in content production during

the last 3 years and detailed list of content owned i.e. Annexure-F, Detailed project experience –

details of digital content of demand services operated during the last 3 years i.e. Annexure-G, Details

of Consortium Partner i.e. Annexure-J, Form for requesting clarifications on Tender Document i.e.

Annexure-K, etc. These formats shall be scanned in pdf/jpeg format for uploading. No

correspondence connected with the tender, shall be accepted in hard copy format.

13. All enquiries and/or clarifications from the Bidders related to this Tender document should be

directed to in writing by e-mail/post/courier to the NMMT. Both direct mail communication and

email communication followed with written communication are accepted modes of communication

for the purpose of seeking and providing clarifications in respect of this Tender document.The offer

submitted with incomplete information and not conforming to the requirements are liable to be

disqualified for technical evaluation. The bidder shall be disqualified if:

i) The documents submitted through e-tendering method are incomplete and/or ambiguous on

important aspects involving Mandatory Criteria or Important Terms & Conditions.

ii) The offer submitted through e-tendering method is not in the manner specified in the bid

document.

14. If NMMT Undertaking deems it appropriate to revise any part of this Tender document or to issue

additional data to clarify an interpretation of provisions of this Tender document, it may issue

supplements to this Tender document. Any such supplements shall be deemed to be incorporated

by this reference into this Tender document and binding on the Bidders. Undertaking reserves the

right to accept/modify or reject any or all offers any time without incurring any liability.

15. The bidder is responsible for all costs incurred in connection with participation in the Bid Process

including and not limited to costs incurred in conduct of informative and other diligence activities,

participation.

16. While tender is under process/finalization, no tenderer or his representative shall contact/canvass

with any personnel of the NMMT Undertaking on matters related to the tender under

scrutiny/process. Canvassing in any form will disqualify the tenderer for recommendation and may

be blacklisted.

17. Clarification of Offer: All the Technical bids opened will be scrutinized on the basis of documents and

information furnished by the Bidder along with the Tender document. The NMMT may obtain

clarifications whatever required and Bidder will abide to clarify the same within stipulated time.

18. In case any of Instructions to Tenderers/Special Conditions of Contract appear to be in contradiction

to Conditions of Tender & Conditions of Supply, then the Instructions to Tenderers/Special

Conditions of Contract shall be deemed to supersede such Conditions of Tender & Conditions of

Supply incorporated in the tender document.

SCHEDULE-II

MANDATORY PRE-QUALIFICATION CRITERIA FOR TECHNICAL EVALUATION The bidder or its controlling entity must meet the following Mandatory Pre-qualification criteria by

submitting requisite supporting documents/documentary evidence, failing which they are liable to be

rejected summarily and will not qualify for technical evaluation.

The bidder should be an individual company or a consortium of companies or proprietary firm. Sub-

contracting is not allowed. The manufacturer of the device/equipments may be part of the consortium but in

any case, the total no. of members in any consortium shall not exceed two (2) including the lead member. In

case of consortium, the members must nominate one of them as the lead member who shall be responsible

to the NMMT Undertaking and discharging all responsibilities related to the bid process and the Project. The

lead member shall respond to all queries and clarifications and ensure compliance to bid process

requirement.

In case of consortium, any one member or the members in any combination and in case of sole

bidder, the individual company shall meet the following mandatory Pre-qualification criteria by submitting

requisite supporting documents/documentary evidence, failing which are liable to be rejected summarily

and will not qualify for technical evaluation. The documentary evidence uploaded by the tenderer must be in

English and not in any other foreign languages failing which, their offer may not be considered as

Responsive.

1. The tenderer shall pay Earnest Money Deposit applicable to this particular tender. The tenderers shall

not be exempted any kind from the payment of Earnest Money Deposit.

2. The bidder or its controlling entity should have been in existence for a period of atleast 03 years as on

the date of issue of Tender document as evidenced by the Certificate of Incorporation/Certificate of

Commencement of Business issued by the Registrar of Companies or registration under shop act and

shall upload that certificate in support of the same.

3. The bidder or its controlling entity should be a Company Registered under Indian/Foreign

Company/Business Entity governed by Indian Company Act, 1956/the competent foreign authority. The

tenderer shall upload the copy of Certificate of Registration/Details of Registered Offices.

4. The bidder shall upload the detailed write up about their offered solution, approach, methodology,

work plan, Bill of Quantity & Manpower separately as Schedule of Guaranteed Performance & Other

Technical Particulars i.e. Annexure-A.

5. The bidder or its controlling entity should have a minimum Annual Turnover of Rs. 10.00 (Ten) Lacs for

the preceding 3 Financial Years (i.e.2015-16, 2016-17 & 2017-18). As documentary evidence, they

should upload the copy of Audited Balance Sheet and Profit & Loss Account Statement showing proof of

their Annual Sales Turnover duly audited by the Chartered Accountants or certificate from Chartered

Accountants in the prescribed format as shown in the Annexure-B incorporated in the tender

document.

6. The bidder shall accept all Commercial Conditions in TOTO.

7. The bidders shall upload their details in the prescribed format shown in Annexure-D i.e. Bidder’s details.

8. The bidder should not be under a Declaration of Ineligibility for corrupt or fraudulent practices with any

of the Government or Public Sector Units of India/abroad. Any organization debarred/black-listed by

Central/State Government at the time of submission of the Tender document, shall not be allowed to

participate in this tender. They should upload an Undertaking duly attested by the Notary or Self-

declaration by Authorized Signatory as shown in the Annexure-E incorporated in the tender document.

09. The successful bidder shall have to give assurance to establish project and services support office at

Mumbai Metropolitan Region.

10. The bidder or its controlling entity should have been a creator or producer of content for at least 03

(three) years in India or Globally and should have been in the business of submitting of proposal as on

the date of issue of Tender document. As documentary evidence, the tenderer should upload the

details of relevant projects undertaken and the period for which the projects have been active i.e.

Annexure-G Project Experience.

11. The bidder or its controlling entity should have a similar type of work during last three years from the

issue of the Tender document.

12 The bidder should submit/upload Registration Copy of GST

13 The bidder should submit/upload Copy of PAN

14 The bidder should submit / upload authorization letter for signing of document

1. Definitions:

1.1 Consortium: All members that have come together and reached a legal agreement for the purpose

of submitting the bid against the Tender document and comply with the requirements of the bid

process.

1.2 Lead member: The consortium/Joint Venture relationship member company nominated by all

members complies in case of a consortium participating in and submitting the bid who shall be

responsible to furnish the Earnest Money Deposit and in case of Award of the contract, the Security

Deposit-cum-Performance Guarantee.

1.3 Controlling Entity: Any Individual or Company that owns more than 51% of the shares and voting

rights of another entity.

2. Eligibility of consortium of companies as bidder:

2.1 The bidder(s) could be a consortium of companies. The manufacturer of the device/equipments can

be part of the consortium but in any case the total no. of the members in any consortium shall not

exceed two (2) including the lead member.

2.2 In case of a consortium, the members must nominate one of them as the lead member who shall be

responsible to the NMMT Undertaking and discharging all responsibilities related to the bid process

and the Project. The lead member shall respond to all queries and clarifications and ensure

compliance to the bid process requirements.

2.3 The lead bidder has to be registered under the Indian/Foreign/Business entity governed by Indian

Act, 1956/Competent Foreign Authority.

2.4 The consortium members of any bidder should not enter into consortium/Joint Venture relationship

with any other bidder who is bidding for this tender.

2.5 The consortium members shall be jointly and severally responsible to the NMMT Undertaking for

discharging the obligations as selected bidder in terms of this Tender document along with the

Contract Agreement signed with the NMMT Undertaking. The arrangement among the members of

the consortium shall be disclosed in the bid and binding on the members and no change in role and

responsibility of the members would be accepted after the submission of the bid except as mutually

agreed after consultation between the NMMT Undertaking and the lead member. The lead member

shall act as the System Integrator (SI) for all practical purposes for this Project.

SCHEDULE-III:

CONDITIONS OF TENDER

1. DEFINITIONS:

1.1 TENDER VALIDITY PERIOD:

The Tender Validity Period is 120 Days from the period (from Technical Bid opening date) within

which the Undertaking is required to enter into contract with the successful tenderer. On expiry

of such period, the rates quoted in the tender are not binding upon the tenderer, if the tenderer

did not agree to extend the same.

1.2 CONTRACT VALIDITY PERIOD:

The Contract Validity Period will be displayed in each and every contract and it will be binding on

the supplier for the faithful execution of contract as per the contractual terms. This Contract

Validity Period will commence from technical bid opening date and the specific Contract Validity

Period will be declared in the tender document.

1.3 SISTER CONCERN:

The business entity substantially owned by a person having common interest in more than one

business concern of similar nature as partners/share holders/proprietors.

A need is felt to define Sister Concern especially to curb any tendency of vendors to

cheat/defraud the Undertaking in cases such as non-execution of contract by one firm and to

avoid penal action, the defaulting firm stops dealing with the Undertaking and participate in

future tenders of that particular item through their Sister Concerns.

2. EXTENT OF TENDER:

Time is the essence of the tender. This tender is for Installation, Commissioning and

Maintenance of COD Equipment in buses and at bus depots owned by the Navi Mumbai

Municipal Transport Undertaking (hereinafter referred to as the “Undertaking”) tendered for by

the tenderer (hereinafter referred to as the “Contractor”) and accepted by the Transport

Manager or any other officer duly authorized in that behalf of the Undertaking.

3. VALIDITY:

3.1 The Tender Validity Period as mentioned in the tender is the period within which the

Undertaking is required to enter into contract with the successful tenderer. On expiry of such

period, the rates quoted in the tender are not binding upon the tenderer.

3.2 The Contract Validity Period shall also be mentioned in the tender and it will be binding on the

supplier for the faithful execution of contract as per the contractual terms.

4 PRICES:

Tenderers shall quote unconditionally ‘Firm Guaranteed Revenue’to be paid to the NMMT

Undertaking per annum /monthly over the contract duration for installing COD Equipment to

provide Entertainment to the passengers and commuters, as per the Undertaking’s

requirements.

3.9 All tenders shall be submitted through the e-tendering system and tenderers shall take utmost

care while punching the rates as no subsequent revision will be allowed after the bid end date.

3.10 The tenderer shall upload/submit his tender documents by selecting the valid Digital Signature

Certificate of Class II Company Type-B.

3.11 Tenderers are restricted in e-tender to modify their price bids once submitted. However,

tenderers are allowed if they desired, to withdraw their existing submitted price bids and to re-

submit their new price bids till the bid end date.

4. TENDER SAMPLE: This clause is not applicable to this particular tender.

5. SUBMISSION/UPLOADING OF TENDERS:

Tenders must be uploaded by logging into the Undertaking’s website

https://nmmc.maharashtra.eteneders.com and using proper Digital Signature Certificate of

Class-II for encrypting their bids.

6. EARNEST MONEY DEPOSIT:

6.1 All the suppliers will have to pay Earnest Money Deposit through Payment Gateway (e-payment)

as shown in the respective e-tenders, before bid end date, without which, their price bid shall

not be opened. No interest will be paid on such deposits.

6.1.2 Earnest Money so deposited will be forfeited, if (i) the tenderer withdraws his offer before the

expiry of Tender Validity Period or the date of validity of the offer, (ii) a successful tenderer fails

to pay the Security Deposit within the stipulated period as mentioned in Clause 6 of the

'Conditions of Supply', (iii) the tenderer doesn’t fulfill the Pre-Qualification Criteria.

In addition to above, the tenderers withdrawing their offers before expiry of tender validity

period or the date of validity of the offer shall also be liable for penal action including levying of

penalty, debarment from participation in the Undertaking’s tender for a maximum period of 3

years.

6.2 EARNEST MONEY OF UNSUCCESSFUL TENDERERS:

Earnest money deposited by unsuccessful tenderers will be refunded through Payment Gateway

(e-payment) within a period of 60 (Sixty) days after the tender has been finalized.

7. OPENING OF TENDERS:

All tenders (quotations/bids) shall be submitted through the e-tendering system well in time

before the bid end date. Only bids which are valid and fulfilling the eligibility criteria will be

punctually opened by an Officer of the Undertaking on the Bid opening date and time indicated

on the website. The tenderers who have successfully uploaded their bids shall be able to view

the Comparative Statement of bids uploaded by all participating tenderers on the website on the

Bid opening date and time.

8. ACCEPTANCE OF TENDERS:

The Undertaking neither binds itself to accept the lowest or any tender nor will it assign any

reason for the rejection of any tender or part of a tender. The tenderer on his part binds himself

to supply any stores/services selected from his offers in part or whole, at the option of the

Undertaking. If Undertaking received different type of proposals more than, Undertaking has

right to accept more than one proposal for allotment of contract.

10. QUANTITY VARIATION CLAUSE:

Undertaking has to right reduce or increase number of buses / point for installation of solution

during contract period.

11. POLICY OF TENDERS UNDER CONSIDERATION:

Tenders shall be deemed to be under consideration from the opening of tenders, until an official

announcement of the award is made. While tenders are under consideration, tenderer and their

representatives shall refrain from contacting by any means, any personnel of the Undertaking on

matters relating to tenders under scrutiny. If necessary, clarification will be called for by the

Undertaking from any or all the tenderers in writing. Canvassing in any form will disqualify the

tenderer.

13. JURISDICTION:

This tender and the contract emanating there from are subject only to the jurisdiction of the

Mumbai /Navi Mumbai Court.

14. DISREGARD FOR TENDER CONDITIONS:

The Undertaking reserves to itself the right to disregard or reject any tenders not conforming to

any of the above-mentioned conditions.

SCHEDULE-IV CONDITIONS OF SUPPLY

1. EXTENT OF CONTRACT:

The Contractor shall, during the period of the contract Install and Commission the services in

respect of which this tender has been accepted as specified in the annexed Schedule. Time is the

essence of the contract.

2. QUALITIES OF SUPPLIES:

All Equipmentinstalled/services rendered shall be in strict accordance with the specifications

submitted in the tender bid.

6.4 On successful execution of the contract, the Security Deposit will be refunded.

7 TERMINATION OF CONTRACT:

In the event the Contractor commits any breach of any of the terms and conditions of contract, the

Transport Manager or his Authorized Representative shall have the right to forfeit the Security

Deposit referred to in Clause 6 and/or to claim from the Contractor any amount due and payable

by him towards this contract. If during the period when contract remains in force, General

Manager or his Authorized Representative has reasons to believe that the Contractor is not

performing the contract in accordance with the terms of the contract, General Manager or his

Authorized Representative may by a notice in writing, call upon the contractor to perform the

contract in the way as indicated in the notice, within a specified period of 15 days and if the

Contractor fails to perform the same within such specified period, then notwithstanding anything

contained in the contract, Transport Manager or his Authorized Representative shall be at liberty

at any time thereafter to terminate the contract by giving the Contractor 15 days notice in writing

and the contract shall stand terminated on expiry of such notice period. The Security Deposit

amount referred to the Clause 6 and amount due and payable by the Contractor towards this

contract shall be forthwith due and be recoverable from them.

8. PAYMENT TERMS:

For details Terms of Payment, please refer Schedule-X incorporated in the Tender Document.

9. DAMAGE TO THE UNDERTAKING’S PREMISES/PROPERTY:

Any damages caused by the Contractor or any person acting for him, to the premises or property

of the Undertaking in the performance of his contract, shall be made good by the Contractor. In

the event of the Contractor failing to make good the damages within the time specified by the

Assistant General Manager (Materials) or his Authorized Representative, the latter shall be at

liberty to recover the cost thereof by action in a Court of Law.

10. DEATH OR INSOLVENCY OF CONTRACTOR:

If the Contractor shall, during the period of the contract, die or be adjudicated as insolvent or being

a limited company shall be placed in liquidation, whether voluntarily or compulsorily, the contract

shall thereupon absolutely cease and the heir’s executor, administrators or other legal

representatives of the Contractor and in the case of a limited company the liquidator, shall have no

interest whatsoever under the contract, except to remove and take charge of all equipment

installed in the buses and bus depots of the Undertaking. Provided that where the Contractor is a

firm, the death of a partner in the firm shall not operate to determine the contract unless by the

term of the partnership agreements the partnership stands dissolved on the death of a partner.

SCHEDULE-V

SPECIAL CONDITIONS OF CONTRACT

1. General conditions and definitions:

In this Contract, the following terms shall be interpreted as indicated:

1.1 The “Premise Owner” shall mean the Navi-Mumbai Municipal Transport Undertaking (‘NMMT’) and

its successors and assignees.

1.2 The “Premise” shall mean the buses, the bus depots and bus stops owned / operated by theNavi-

Mumbai Mahanagarpalika Transport Undertaking (“NMMT”) and its successors and assignees in

which the Selected Bidder installs the Goods

1.3 The “Bidder” shall mean the Organization on whose behalf the tender response has been submitted

and bid to perform the Contract has been accepted by the Premise Owner and is named as such in

the Contract Agreement

1.4 The “Selected Bidder” shall mean the Organization selected by Premise Owneras a result of the

tendering process described in this tender document.

1.5 The Term “Bidder” essentially means the Organization who is fully responsible towards NMMT for

providing turnkey solution for Installation, Implementation, Maintenance, and Operations of the

Goods to provideWireless closed network Content on Demand services to the passengers and

commuters of the Undertaking.

1.6 “Goods” means all of the software, products accessories and/or other material / items which the

Selected Bidder is required to install and maintain under the contract.

1.7 “Intellectual Property Rights (‘IPR’)” means any patent, copyright, trademark, trade name, service

marks, brands, propriety information, Application Software whether arising before or after the

execution of this Contract and the right to ownership and registration of these rights.

1.8 “Business Day” means any day that is not a Sunday or a public holiday.

1.9 “Parties” means the Premise Owner and The Selected Bidder and “Party” means either of the

Parties.

1.10 “Confidential Information” means any information disclosed to or by any Party to this Contract

and includes any information in relation to the Parties, a third party or any information including any

such information that may come to the knowledge of the Parties hereto / bidder by virtue of this

Contract that:

• is by its nature confidential or by the circumstances in which it is disclosed confidential; or

• is designated by the disclosing Party as confidential or identified in terms connoting its

confidentiality;

• but does not include information which is or becomes public knowledge other than by a breach of

this Contract;

1.11 “Document” means any embodiment of any text or image however recorded and includes any

data, text, images, sound, voice, codes or and databases or microfilm or computer generated micro

fiche.

1.12 “Services” means services to be provided as per the requirements/conditions specified in this

tender/contract. In addition to this, the definition would also include other related/ancillary services

that may be required to execute the scope of work under the Contract.

1.13 “Date of successful implementation” means the date of commercial operation or the date of

complete ‘Go-Live’ with acceptance of Project and shall also mean the date on which the Goods are

installed in Buses and in the Major Bus Stations of the NMMT Undertaking for Wireless closed

network Content on Demand services to the Passengers & Commuters.

2. Any information sought by public under RTI Act pertaining to this contract shall be furnished within 7

working days to the Undertaking.

3. Responsibility of Hardwares fixed in the buses:

NMMT will not be responsible for the hardware accessories fixed in the buses or in the Major Bus

Stations of the Undertaking.

4. Intellectual Property (IP)

The Selected Bidder shall own and have a right in perpetuity to use all newly created Intellectual

Property Rights which have been developed during execution of this Contract, including but not

limited to all processes, products, specifications, reports, drawings and other documents which

have been newly created and developed by the Selected Bidder during the performance of

Services under this Contract. All documentation and configuration items such as scripts, code,

queries etc. developed by the Selected Bidder under customization during execution of the

contract shall be property of the Selected Bidder.

5. Contractors’ responsibility against all claims, actions, losses etc.:

5.1 The contractor hereby binds himself to indemnify the General Manager against all claims, actions,

demands, losses, costs, charges and expenses which the General Manager may incur or be put to or

which may arise by reason of the exercise of the right to fix the device and/or to display advertisements

thereon hereby granted, including claims or actions arising out of any advertisement being challenged or

held to be libelous or defamatory or in consequence of the following or displacement or breakage of any

device or any part thereof for any cause whatsoever and for any claim made by any Competent

Authority or any other person in respect thereof or any claim for rates or taxes levied in respect of

anything done under this contract. The contractor hereby undertakes as an essential condition of this

contract that he shall within 7 days of Notice in writing requiring him to do so pay to the General

Manager all monies payable by him in respect of such claims, actions, demands, losses, costs, charges

and expenses. On failure, the Undertaking shall be entitled to adjust/ recover the money from the bank

guarantee and the contractor shall make good the deficit so as to bring the performance bank guarantee

to its original amount.

5.2 If at any time during the continuance of this contract, it shall become impossible by reason of strike,

lock-out, shortage of materials, war, fire, flood or any Government enactment or regulations or any

cause whatsoever beyond the control of the Undertaking to fulfill the contract in accordance with the

terms hereof, the contractor shall have no claim whatsoever against the Undertaking in respect of any

inability or incapacity to fulfill the contract.

5.3 The Undertaking shall not be responsible or liable to compensate the contractor for loss and/or damage,

wear and tear of fixed hardware before, after or during the period of contract, nor shall the contractor

claim any rebate for the same.

6. Payment of all License Fees, Advertisement fees, Goods and Service Tax and any other Charges

and other Expenses:

The contractor shall pay all License fees, Advertisement fees, Goods and Service Tax and any other

Charges fixed from time to time by any Competent Authority in connection with the project. The

Undertaking shall in no way be responsible for payment of License Fees, Advertisement fees, Service

Tax and any other charges, etc. In case of their failure to do so, the contractor shall bear all

additional expenses and charges by way of penalty and interest etc. which may be demanded by any

other Competent Authority for which the Undertaking shall not be responsible.

7. Mode of Payment:

All Payment shall be made through RTGS/NEFT or by Demand Draft drawn on Scheduled or

Nationalized Bank in the city of Mumbai regularly and without any default.

8. Non-payment of charges:

8.1 The Bidder, who desires to take License, has to quote his offers to the NMMT for 5 (Five) years of the

contract period to be paid annually/monthly, in advance. This guaranteed revenue shall be exclusive of

all present and future taxes, duties, cesses, fees etc.

8.2 In case of delays in payment of any dues to NMMT, interest shall be charged @ 18% per annum on the

number of days delayed.

8.3 In case the Licensee fails to pay the annual license fee as prescribed above or in case the Licensee

commits breach of any of the Terms and Conditions aforesaid, the licensor may notify the Licensee

about the amount due including interest @18% Per Annum or details of breach of conditions as the case

may be by serving a notice to the Licensee.

8.4 In case the Licensee failing to pay the arrears within fortnight of such notification or continue to commit

the breach of the agreement the license granted shall stand determined /terminated and the entire

Security Deposit shall be forfeited towards the unpaid License fee.

8.5 If the annual payment is not made within fortnight of such notification or continue to commit the breach

of the agreement the license granted, NMMT may immediately remove hardware’s placed on behalf of

the Licensee without any liability to any party.

8.6 The successful Licensee shall comply with all rules and procedures obtaining in the local territorial limits,

in which the business is carried on and shall pay GST and all other taxes, fees or other sums payable

atActuals to the local or any authorities for the purpose of carrying out display of advertisement. At

present GST is @18% on total license fee payable.

9. Penalty Clause:

For any unauthorized removal of hardware by the contractor, a penalty of Rs 200/- per bus will be

charged to the contractor. Penalty will be recovered through bank guarantee if not paid by the

contractor.

If the hardware needs to be removed due to any reason such as (accident etc.), the said hardware

may be removed maximum within 15 days from the date of such instruction to the contractor. This

shall not attract any penalty for the Contractor.

Accessories/ hardware installed in the bus or in the Major Bus Stations of the Undertaking will not

be allowed to be removed by the contractor at its own accord. These items will be permitted to be

removed after approval from the Transport Manager or his authorized representative.

10. Breach and Rectification:

In the event that the contractor is in Material Breach of its obligations under this Agreement, NMMT

may terminate this Agreement upon notice to the other Party. Any notice served pursuant to this

clause shall give reasonable details of the Material Breach, which could include the following events

and the termination will become effective:

10.1 If there is Breach which translates into default in providing Services by the contractor as per this

Agreement or the SLA, continuously for more than 3 months, then NMMT will serve a one month

notice for curing such Material Breach. In case the Material Breach continues after the notice period,

NMMT will have the option to terminate the contract.

10.2 Because time is the essence of the contract, in case, for reasons prima facie attributable to the

contractor, there is a delay of more than 8 weeks in the Project Implementation Phase by the

contractor, NMMT may terminate this Agreement after affording a reasonable opportunity to the

contractor to explain the circumstances leading to such a delay. Further, NMMT may also invoke the

Performance Guarantee of the contractor.

11. Damage to the Undertaking’s premises/property:

Any damages caused by the contractor or any person acting for him, to the premises, person or

property of the Undertaking in the performance of his contract, shall be made good by the

contractor. In the event of the contractor failing to make good the damages within the time

specified by the General Manageror his Authorized Representative, the latter shall be at liberty to

get the work done departmentally or through any other agency, and to recover the cost thereof

together with such supervision/overhead charges as he may deem fit out of any money that may be

recovered at risk and cost of the contractor or from bank guarantee or by action in a Court of Law.

12. Maintenance and Operation plan:

Installation and maintenance of system will be the responsibility of the Selected Bidder and they

shall have to remove and/or relocate/replace any element of the system upon request from the

NMMT Undertaking at their sole expenses.

The Successful Bidder must provide maintenance and operation plan with the following activities:

a) Management of maintenance

b) Compliance with inspections, reports or complaints

c) Schedule maintenance

d) Routine repairs with frequency

e) Emergency maintenance and repair response time for maintenance

f) Frequency and method of entertainment refreshing/updating stored content in the unit.

13. Objectionable Advertisements

No advertisement shall be displayed which, in the opinion of the Transport Manager or any

authority duly empowered or contractor, offends any law, religion, public morality, or is

defamatory, or the display whereof is prohibited by any lawful authority. Upon the General

Manager requiring the contractor to remove any such advertisement, the contractor shall

forthwith withdraw the same and discontinue the display thereof, without any dispute / claim.

a) No advertisement with the use of the name or pictorial representation of any national figure

or emblem prohibited by law shall be displayed by the contractor.

b) During the period of contract, if on any ground any advertisements(s) is / are objected to by

any Competent Authority, or if the advertisement is objectionable in any way as stated

above, then the Undertaking shall have the right to inform to the contractor to remove such

advertisement(s) forthwith at the cost of the contractor without any reference to him and

the Undertaking shall not be liable to any refund / damage or claim thereof.

14. GENERAL TERMS & CONDITIONS:

14.1 The NMMT reserves the right to allow or disallow entry of the successful Licensee or any person

authorized by the advertising agent to enter into any Depot, Bus Station or premises.

14.2 The Licensor shall not be responsible for any loss and/or damage to wear and tear of the equipment

if any for any reason whatsoever after or during the license period.

14.3 The Licensor shall have the right to have Bus Scrapped, shifted or removed at any time during the

period of this deed with a 15 (Fifteen) day written notice to the Licensee for any reasons whatsoever

and the Licensee shall not raise any disputes thereto.

14.4 The NMMT is not liable to pay compensation in case of death or injury (simple/grievous) caused to

any person engaged by the successful Licensee for installing COD Equipment. The successful

Licensee is liable to bear all expenses and for payment of compensation in such cases.

14.5 The workers of the successful Bidder shall not be treated as employees of the Undertaking in any

case and successful Bidder will be solely responsible for their affairs and will be under obligation to

comply with the statutory obligation. These workers will have no claim whatsoever, to be treated as

employees of the Undertaking.

14.6 The Licensee shall install & maintain the handbill/stickers wherever required in the NMMT buses

with displaying Content on Demand on handbills/Stickers. The Licensee shall properly fit the

handbills/Stickers & has to strictly abide by the general size of the handbills/Stickers & ensure that no

inconvenience caused to the commuters. The number of handbills/Stickers in each bus will be decided

by mutually by the Parties.

14.7 The Bidder shall perform the services and carry out its obligations under the License with due

diligence and efficiency, in accordance with generally accepted techniques and practices used in the

industry and with professional engineering and training/consulting standards recognized by

national/international professional bodies and shall observe sound management, technical and

engineering practices. It shall employ appropriate advanced technology and safe and effective

equipment, machinery, material and methods. The Bidder shall always act, in respect of any matter

relating to this License, as faithful advisors to NMMT and shall, at all times, support and safeguard

NMMT’s legitimate interests in any dealings with Third parties.

14.8 NMMT reserves the right to assess the performance of the bidder prior to commencement or in

between the work progress. The assessment may cover all areas related to the agreement, especially

methodology, manpower, infrastructure etc.

14.9 The selected bidder shall indemnify the NMMT against all third party claims of infringement of

patent, trademark/copyright or industrial design rights arising from the use of the supplied

software/hardware/content/manpower etc. and related services or any part thereof and against all

losses, claims or damages on account of non-performance under this license.

15. AWARD OF LICENSE/CONTRACT:

15.1 Award Criteria:

NMMT will award the License/contract to the successful bidder as per bid evaluation of this Tender

document. NMMT has rights to award more than one bidder for different type of proposals after

evaluation of scope of service/work.

15.2 License Period:

The License shall remain in force for a period of 3 (Three) years after complete ‘Go-Live’ &

acceptance of Project. This period is extendable for another 2 (Two) years after review considering

performance of contractor.

15.3 Right to accept/reject any or all Proposals:

NMMT reserves the right to accept or reject any proposal, and to annul the bidding process and

reject all proposals at any time prior to award of license, without thereby incurring any financial or

other liability to the affected bidder or bidders or any obligation to inform the affected bidder or

bidders of the grounds for NMMT’s action.

15.4 Notification of Award:

NMMT will notify the successful bidder in writing by way of Contract Work Order, that its proposal

has been accepted. The notification of award will constitute the formation of the agreement.

15.5 Signing of Agreement:

After release of Contract Work Order to the successful Bidder shall within 30 (Thirty) days from the

date of release of CWO execute the Service Level Agreement (SLA) with the NMMT. This license shall

be on the basis ofTender document, proposals of the Bidder, applicable guidelines of Competent

Authorities, and other terms and conditions as may be mutually determined by the NMMT to be

necessary for due performance of the work.

15.6 Security Deposit:

i) The successful bidder shall have to remit amount 5% of contract value in the form of Bank

Guarantee as shown in the Annexure-L valid for a period entire contract period from the date of

release of Contract Work Order.

ii) The Licensee shall remit security deposit and enter into Agreement within 30 (Thirty) days

of his selection as the successful bidder. Any failure to remit such security deposit and enter

into agreement shall lead to forfeiture of the EMD.

iii) Security deposit is refundable after successful completion of agreement period.

iv) The security deposit is liable to be forfeited either in full or in part, if the service provider

fails to complete the service as per the terms and conditions of the assignment orders or in

case of non-settlement of claims. The Security Deposit will be refunded after settlement off all

claims.

v) In the event of bidder commits a breach of any of the terms and condition of the agreement or

fails to observe or comply with any of the requirements under this license, the NMMT shall be

entitled to forfeit the security deposit either in whole or in part at its discretion without

prejudice to other rights and remedies open to the NMMT and it shall be binding on bidder.

However, if the equivalent amount is higher than the Bank Guarantee amount, the full Bank

Guarantee amount will be forfeited and the firm will be asked to pay the balance amount failing

which, the firm will be debarred for a period of 5 years from participating in the Undertaking’s

tenders. The Performance Bank Guarantee shall be returned to the contractor without any

interest after the contract ceases to be under any obligation under the contract.

vi) The implementation of project/services will not be allowed until the security deposit and the

Guaranteed Monthly Revenue (License fee) has been paid.

15.7 Failure to agree with the Terms & Conditions of the Tender document:

Failure of the successful bidder to agree with the Terms & Conditions of the Tender document shall

constitute sufficient grounds for the annulment of the award, in which event NMMT may award the

license to the next NMMT value bidder or call for new proposals and/or forfeit Security Deposit.

16. TERMINATION FOR DEFAULT:

Default is said to have occurred:

i) If the selected Bidder fails to deliver any or all licensed services as per service standards

specified in the License.

ii) If the selected Bidder fails to perform any other obligation(s) under the License.

iii) If the selected Bidder in the judgment of the NMMT has engaged in corrupt or fraudulent

practices in competing for or in executing the License.

iv) If the bidder, in either of the above circumstances, does not take remedial steps within a period

of 30 days after receipt of the default notice from NMMT (or takes longer period in spite of what

NMMT may authorize in writing), NMMT may terminate the license in whole or in part. In

addition to above, NMMT may at its discretion also take the subsequent actions.

v) Before the expiry of license (SLA), if the bidder wants to terminate the license, he may do so as

per Exit clause.

17. TERMINATION FOR INSOLVENCY:

NMMT may at any time terminate the license by giving 30 days written notice to the selected Bidder

if the latter becomes bankrupt or otherwise insolvent. In this event, termination will be without

compensation to the selected Bidder, provided that such termination will not prejudice or affect any

right of action or remedy which has accrued or will accrue thereafter to the NMMT.

18. FORCE MAJEURE:

i) The successful Bidder shall not be liable for forfeiture of its Security Deposit, Liquidated

Damages, or termination for default if and to the extent that it’s delay in performance or other

failure to perform its obligations under the License is the result of an event of Force Majeure.

ii) For purposes of this clause, “Force Majeure” means an event beyond the control of the

successful Bidder and not involving the successful Bidder’s fault or negligence, and not

foreseeable. Such events may include, but are not restricted to, acts of the State in its sovereign

capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight

embargoes.

iii) If a Force Majeure situation arises, the successful Bidder shall promptly notify the NMMT in

writing of such condition and the cause thereof. Unless otherwise directed by the NMMT in

writing, the Bidder shall continue to perform its obligations under the license as far as is

reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the Force Majeure event.

19. RESOLUTION OF DISPUTES:

i) NMMT and the selected Bidder shall make every effort to resolve amicably by direct informal

negotiation any disagreement or dispute arising between them under or in connection with the

License.

ii) In case of any disputes regarding interpretation of terms and conditions of license (SLA), the

same shall be referred to an arbitrator, appointed mutually by both parties.

20. CONFIDENTIALITY:

Either party shall not, without the other party’s prior written consent, disclose the License, or any

provision thereof, or any specification, plan, drawing, pattern, sample of information, to any person

other than a person employed by them in the Performance of the License. Disclosure to any such

employed person shall be made in confidence and shall extend only so far as may be necessary for

purposes of such performance.

SCHEDULE-VI

EVALUATION OF OFFERS

The offers received against this tender shall be evaluated as follows:

1. Evaluation of Offers:

1.1 After opening the Technical bids, all uploaded documents in respect of Technical information, Pre-

qualification criteria, etc. shall be thoroughly scrutinized and the technical suitability of each

tenderer determined.

1.2 Price bids of only those tenderers, whose offers are found technically suitable, shall be opened on

the bid opening date displayed on the tender website.

Note: The tenderers whose offers are found technically unsuitable shall be able to see the reasons

for the unsuitability of their offers, only.

1.3 The Guaranteed Revenue offered to the NMMT Undertaking per month per bus installedby each

technically suitable tenderer will be displayed on the e-tender site after opening of the price bids.

1.4 The tender evaluation shall be done on the basis ofGuaranteed Revenue offered annually over the

contract period by the Technically suitable tenderers. This being Project item, the entire Project

will be allocated to only one successful bidder (H1).

SCHEDULE-VII

TENDER REQUIREMENT & TENDER EVALUATION CRITERIA

1. Tender quantity: The detailed requirements are given below:

Item Description Quantity

1 Guaranteed Revenue offered to

the NMMT Undertaking

annually/monthly over the

contract period with annual

increase of Minimum 5% .

A Project including installation Transit Surveillance

equipment in 272 Buses & maintenance for the

contractual period of 60 months (five years) from

the date of commercial operation or from the date

of complete ‘Go-Live’ with acceptance of Project.

In cease of any change in quantity of

buses/terminus the revenue will be variable

accordingly.

There will be no quantity division and the entire

Project will be allocated to only one successful

tenderer whose offer is highest acceptable (H1).

2. Contractual period:

The contractual period for operation and maintenance shall be 5 (five) years after complete ‘Go-Live’

and acceptance of the Project. The contractual period shall be extended further at the option of

NMMT with minimum 10% additional value annually after satisfactory performance of contractor.

3. Tender Evaluation Criteria:

The tender evaluation will be done on the basis ofGuaranteed Revenueoffered by the tenderer

annually over the contract period as per the Undertaking’s requirements.

The methodology used for evaluating bidders (who qualify in technical proposal) based on the rates

quoted by them in their price bid shall be as follows, which is final and binding to all bidders. NMMT

shall not entertain any queries on its evaluation methodology for H1 bidder.

The successful Licensee shall be decided based on the total highest evaluated price towards

Guaranteed Revenue payable to the NMMT Undertaking over the contract period subject to fulfilling

the Pre-qualification criteria. In the event of cancellation of any selected bidder/Licensee for any

reasons, NMMT reserves the right to select the next highest bidder.

The price i.e. Guaranteed Revenue per annum to the Undertaking quoted by the tenderer shall

remain firm for the entire contract period as submitted by the tenderer in the bid.

SECTION-1: GENERAL INFORMATION

1.1 Introduction:

The NMMT Undertaking invites proposal from eligible IT firms/OEM/System Integrators/Solutions

Providers to install, commission and maintain services in Bus and/or in the Major Bus Stations of the

NMMT Undertaking for passengers/commuters. The Equipment installed should have wide Wi-Fi

range appropriate for onboard passengers in the Buses. The system should improve

passengers/commuters satisfaction and loyalty by providing on-demand infotainment.

2.0 Objectives: Supply & installation of TRANSIT SURVEILLANCE System for NMMT buses free of cost & revenue

sharing of Advertisement on LED screen inside bus.

3.0 Clarifications:

All enquiries and/or clarifications from the Bidders related to this Tender document should be

directed to in writing by e-mail/post/courier to the contact person notified by NMMT in this Tender

document. Both direct mail communication and email communication followed with written

communication are accepted modes of communication for the purpose of seeking and providing

clarifications in respect of this Tender document.Formats submitted with incomplete information

and not conforming to the requirements are liable to be rejected. The bidder shall be disqualified if:

The documents submitted are incomplete and / or ambiguous in any respect.

The offer documents are not submitted in the manner specified in the bid document.

4.0 Revision of Tender document:If NMMT deems it appropriate to revise any part of this Tender

document or to issue additional data to clarify an interpretation of provisions of this Tender

document, it may issue supplements to this Tender document. Any such supplements shall be

deemed to be incorporated by this reference into this Tender document and binding on the Bidders.

NMMT reserves the right to accept/modify or reject any or all offers any time without incurring any

liability.

SECTION-2: BROAD SCOPE OF SERVICES

Scope of Work:

a) The broad scope of work will include providing Solution & Services (in Buses of NMMT

Undertaking), including all the software, hardware and network components along with

bandwidth and support facility of a minimum period of 5 (five) years. The agency shall be

required to implement an end to end solution.

b) The successful bidder will bear all responsibility of installation, implementation and

maintenance of system for the period of 5 years. The successful bidder will bear all financial

responsibility for delivering all aspects of the tenderas specified in the Tender document.

d) The successful bidder will design and plan end to end system

e) The successful bidder will Install, implement and maintain entire system.

f) Display of advertisement on LED Screen.

SECTION-3: BIDDING TERMS & CONDITIONS

3.1 Bidding Terms & Conditions:

a. Allinfrastructureand hardware required at each of the Major Bus Stations/Buses will be done by the

contractor as partof theproposedservice. All financial responsibility of delivering all aspects as per

the Guaranteed Revenue offered will be of bidders.

b. Itistobeensuredthatthecompleteinformation asrequiredbythe NMMT at any time may be furnished

by the contractor in the prescribed format. Formats submitted within complete information and not

conforming to the requirements are liable toberejected.

c. Availability and Reliability – The services shall be available 98% of the time.

d. It should be noted that interest is only sought from Solutions Providers/bidders that have an existing

proven capability..

e. The NMMT Undertaking reserves the right to accept/modify or reject any or all offers any time

without incurring any liability.

f. Costs to be borne by the bidder: All costs and expenses (whether in terms of time or money)

incurred by the bidder in any way associated with the development, preparation and submission of

the tender offer, including but not limited to attendance at meetings, discussions, demonstration,

etc. and providing any additional information required by the NMMT Undertaking, will be borne

entirely and exclusively by the bidder.

g. The bidder can be disqualified and offer submitted will not be considered if:

i) The documents submitted are incomplete and/or ambiguous in any respect.

ii) The documents are not submitted in the manner specified in the bid document.

h. The bidder will be bound by the details furnished to NMMT, while submitting or at subsequent

stage.

i. The Installation, implementation, maintenance and removal of Equipment by the successful bidder

will be required to comply with specifications, restoration standards, permitted process and

approval requirements from the NMMT Undertaking.

j. The proposal must include digitally signed document stating step by step discussion of the full

implementation of system including the time frames, design, unit specification, installation,

maintenance, repair and associated services.

SECTION-4: SYSTEM TECHNICAL & OPERATIONAL REQUIREMENTS

4.1 The tenderer shall submit documents like Product Literature, Brochure, Specification Sheet, etc.

4.2 The tenderer shall describe various features and Technical Specifications for each of items used in

the proposed solution including all its components etc.

4.4 If needed, the bidder shall be required to install the required hardware in one of the locations to be

suggested by NMMT for demonstration and evaluation purpose, which shall address the issues like

coverage, capacity, functionality, security, etc.

4.5 The above Technical & Operational requirements should be given by the tenderer in the Annexure-A

to be uploaded.

SECTION-5: TESTING & ACCEPTANCE

5.1 The Equipment should have sufficient storage capacity of content at least 30 days..

5.4 The content updatesshall be carried out through remote/wireless means only.

5.5 The Contractor shall ensure that all components used for the said project and fixed in the buses

should be enterprise grade.

5.7 The Contractor shall ensure that all components/applications are tested for successful installation.

The Contractor shall make accurate records of all tests and shall furnish all test certificates and

schedules of the test results in an approved form mutually agreed by both parties. One (1) original

copy of such records and each test certificate shall be submitted.

5.8 All tests shall preferably be conducted to the satisfaction of NMMT. The Contractor shall supply all

necessary hardware, application software, connections and skilled labor required for the tests to be

carried out to the satisfaction of NMMT, without separate charges to NMMT.

5.10 The contractor has to hand over complete data in the restorable format given by NMMT from time

to time and within two working days whenever required by NMMT.

SECTION-6: PROJECT MANAGEMENT

The Contractor may be required to maintain and support the solution for the contractual period of 5 (five)

years and the same will be extended further mutually.

The Contractor should take on sole responsibility of project management and should work and manage

other contractors for interfaces development, testing and implementation (as per the requirement of

NMMT).

The project management will continue to be Contractor’s responsibility.

The Contractor must furnish the project organization structure, escalation process and resumes of all key

members whenever required by the NMMT Undertaking at any point of time during the contractual period.

Schedule of Installation and Implementation:

The contractor shall have to pay the Guaranteed Revenue on an annual/monthly basis in advance, as

submitted by the bidder in the tender bid.

SECTION-8: FINANCIAL PROJECTION & LIABILITIES

The Contractor warrants that the goods supplied under this contract shall be of the highest grade and quality

and consisted with the established and generally accepted standards for materials of this type. The goods

shall be in full conformity with the specifications and shall operate properly and safely. All recent design

improvements in goods, unless provided otherwise in the Contract, shall also be made available.

Upon receipt of notice, the Contractor shall, with all reasonable speed, repair or replace with similar or

better quality hardware, the defective Goods or parts thereof, without prejudice to any other rights which

the NMMT may have against the Contractor under the Contract.

If the contractor, having been notified, fails to remedy the defect(s) within a reasonable period specified in

the bid, the NMMT may proceed to take such remedial action as may be necessary, at the contractor’s risk

and expense and without prejudice to any other rights which the NMMT may have against the Contractor

under the Contract.

SECTION-09: RESPONSIBILITIES OF NMMT UNDERTAKING &LICENSEE

I. Responsibilities of NMMT Undertaking:

a) The NMMT Undertaking shall make available to the Bidder free of cost the NMMT buses for

mounting necessary hardware.

b) The NMMT Undertaking shall supply 24x7 electrical powers free of cost for all network equipment

related to solution & service in the NMMT buses for the entire term of the agreement.

c) The NMMT Undertaking shall provide the Bidder support for all necessary permissions and

documentation for services required at the premises of the NMMT Undertaking etc.

II. Responsibilities of Licensee:

a) The Licensee has to lay required cables and required wires in a safe and aesthetic manner, under

the supervision of concerned Depot Manager/Engineering Depot Officers.

b) The Licensee shall not damage any property or infrastructure of NMMT.

c) While erecting wireless access point, the Bidder shall take necessary safety steps

d) Licenseehas to obtain at their own cost third-party insurance for their equipment installed from

reputed insurance agencies

e) The successful Licensee or any person working with or under him shall enter into the Depot

premises only with prior permission of Chief Security Officer (CSO) to take up the work of

installations, display etc. Necessary ID will be issued to him by licensor after due certification from

the Licensee.

f) If NMMT has to conduct any repairs etc the Bidder shall remove their equipments temporarily and

may re-install after completion of repairs

g) The successful Licensee shall have to obtain a certificate or permission or license as may be

necessary or required from the concerned authorities of Central Government/ State Government

Local body for display of advertisements.

h) Responsibility towards all legal matters that shall arise from infrastructure as well customer

service shall lie with the Licensee. NMMT shall not be liable for any such legal matters

SECTION-10: SERVICE LEVEL AGREEMENT

The purpose of this service level agreement (hereinafter referred to as SLA) is to clearly define the levels of

service to be provided by the successful bidder to NMMT for the duration of this license. SLA defines the

terms of the successful bidder’s responsibility in ensuring the timely delivery of the services and the

correctness of the same based on the agreed Performance Indicators as detailed in the Agreement. This

section defines various service level Indicators which will be considered by NMMT in the SLA with successful

bidder.

The successful bidder has to comply with all the terms of SLAs defined below to ensure adherence to service

timelines, quality and availability of services.

Note: Penalties shall not be levied on the successful bidder in the following cases:

i) The non-compliance to the SLA has been solely due to reasons beyond the control of the bidder.

ii) There is a force majeure event affecting the SLA which is beyond the control of the successful

bidder.

a) The contractor shall have to Install & Commission the project and pay the Guaranteed Revenue on an

annual basis in advance as per the bid submitted by the bidder to the NMMT Undertaking failing which,

the amount equivalent to Guaranteed Revenue shall be recovered as a penalty.

d) The Bidder shall not remove any accessories of the System from any Bus/Major Bus Station without

permission of the licensor.

e) The damages(penalty) leviable for various issues as follows:

Description Damages

(Penalty)

1 Bidder should ensure that the service is in place in working condition for 24 ×

7 hrs. In case of any defects in the system, should be set right within 48 hours

after receipt of reports and availability of a Bus. If the system remains in non-

working status beyond SLA has a penalty. Penalty: Rs 100/- per day per bus.

However,the total penalty for any particular year will not exceed 5% of the

Guaranteed Revenue for that year

Rs 100/-

per day per bus

installed

i) In case guaranteed revenue is not paid before 10th of every month failing which NMMT will

charge interest @ PLR (Prime Lending Rate) of SBI.

ii) If contractor’s royalty payment Cheque dishonored by bank, then NMMT will be take action

as per clause no. 138 of Negotiable Instrument Act.

SECTION-11: LIST OF NMMT UNDERTAKING’S BUSES

& MAJOR BUS STATIONS WILL PROVIDED AFTER EXECUTION

OF CONTRACT AGREEMENT

SCHEDULE-IX

PRICES, TENDER VALIDITY & CONTRACT VALIDITY PERIOD

1. Prices: The tenderers shall quote unconditionally 'FIRM' Guaranteed Revenue to be paid

annually/monthly in advance for the Contract Period from the ‘Go Live’ stage.

1.1 The bid should be comprehensive and inclusive for all the services to be provided by the bidder as

per scope of his work. The bidder shall have to pay License Fees for vesting advertisement rights for

displaying advertisements through theContent on Demandservice.

1.2 The prices quoted shall be exclusive of Taxes & Duties. The NMMT Undertaking will not pay any tax

to any authority on account of License Fee. The bidder has to pay all the taxes, License Fees, etc. to

the concerned authorities. Once the prices have been quoted to NMMT, no change/modification will

be entertained for any cause whatsoever (including changes in regulation, tax and duty structure

etc.). The prices once provided by the bidder will be valid for the entire period of validity of the bid

as defined in the bid document.

1.3 Any revision (increase or decrease) in the rates of taxes, duties, charges and levies other than service

tax at a later date and during the tenure of the bid will be to the account of the bidder.

1.4 The vendor shall be responsible for the costs towards travel/stay, daily allowance or any other

allowances with respect to their staff deployed with respect to the execution of this service before

or after the award of the license.

1.5 The price i.e. Guaranteed Revenue per annum to the Undertaking quoted by the tenderer shall

remain firm for the Contract Period from the ‘Go-Live’ stage.

2. Validity:

2.1 Tender Validity:

2.1.1 4 (Four) months from the Technical bid opening date.

2.1.2 It is the period (from technical bid opening date) within which the Undertaking is required to enter

into contract with the firm. On expiry of such period, the rates quoted in the tender are not binding

upon the suppliers.

2.1.3 A proposal valid for a shorter period may be rejected as non-responsive. On completion of the

validity period, unless the bidder withdraws his proposal in writing, it will be deemed to be valid

until such time that the bidder formally (in writing) withdraws his proposal.

2.1.4 The NMMT Undertaking may solicit the bidder's consent for an extension of the validity period for

the bids. The request and the responses thereto shall be made in writing to NMMT. However,

NMMT reserves the right to take any decision in this regard.

2.2 Contract Validity Period:

2.2.1 60 (Sixty) months from the Go-live date.

2.2.2 The Undertaking has newly introduced this concept of Contract Validity Period (in addition to Tender

Validity) in order to ensure fairness and clarity to get competitive bids. The project implementation

shall commence immediately from the next month of the award of contract and execution of the

SLA. The contractor shall have to pay Guaranteed Revenue for the first year as quoted in the tender

bid, in advance to the NMMT Undertaking.

SCHEDULE-X

MODE OF PAYMENT

The NMMT Undertaking is interested in implementing the innovative Content on Demand solution at no cost

to the Undertaking. The successful Solution Provider will be responsible to bear all the costs associated with

the Solution and Service (including capital investment and operating expenses) under the contract. As

proposal includes advertising, the successful Bidder must manage the resultant revenue stream and pay

Guaranteed Revenue per annum in advance, to the Undertaking for the rights given to display

advertisement.

The successful System Integrator shall have to pay Guaranteed Revenue per annum/monthly, in advance

from the first month onwards excluding the month in which Contract Work Order is released.

Payment shall be made through RTGS/NEFT or by Demand Draft drawn on Scheduled or Nationalized Bank in

the city of Mumbai regularly and without any default.

SCHEDULE-XI

SCHEDULE OF PRICES

1. Bidders are advised to study this Tender document carefully before participating. It shall be deemed

that submission of Bid by the bidder has been done after their careful study and examination of the Tender

document with full understanding to its implications.

Bidders are required to quote their offers i.e. Item-1 for the Grant of License for Installation &

Commissioning of Solution & Service Equipment in the Buses & Major Bus Stations for offering Content on

Demand Service to the Passengers & Commuters, as per the Undertaking’s requirements.

2. The bidders shall have to quote Guaranteed Revenue to the NMMT Undertaking per annum for

Solution & Service to the passengers and commuters in the Undertaking’s buses and Major Bus Stations, etc.

taking into consideration the following criteria:

a) The bid should be comprehensive and inclusive for all the services to be provided by the bidder as

per scope of his work. The bidder shall have to pay License Fees for vesting advertisement rights for

displaying advertisements through Content on Demand Service.

ii) The prices quoted shall be exclusive of Taxes & Duties. The NMMT Undertaking will not pay any tax

to any authority on account of License Fee. The bidder has to pay all the taxes, License Fees, etc. to

the concerned authorities. Once the prices have been quoted to NMMT, no change/modification will

be entertained for any cause whatsoever (including changes in regulation, tax and duty structure

etc.). The prices once provided by the bidder will be valid for the entire period of validity of the bid

as defined in the bid document.

iii) Any revision (increase or decrease) in the rates of taxes, duties, charges and levies other than service

tax at a later date and during the tenure of the bid will be to the account of the bidder.

iv) The vendor shall be responsible for the costs towards travel/stay, daily allowance or any other

allowances with respect to their staff deployed with respect to the execution of this service before

or after the award of the license.

v) The price i.e. Guaranteed Revenue per annum to the Undertaking quoted by the tenderer for each

year of entire Contract Period from the ‘Go-Live’ stage shall remain firm.

The Bidders shall quote their rate on-line in the price bid module of the Undertaking’s e-tendering system.

The tenderers are required to quote their rates in the following format:

Description of offer :

Quantity :

Basic Rate for Annual/monthly guaranteed revenue as follows:

Year Rate per Bus per

month/annum

Rate per Bus per month/annum

(In Words)

ANNEXURE-A

SCHEDULE OF GUARANTEED PERFORMANCE & OTHER TECHNICAL PARTICULARS – SOLUTION,

APPROACH, METHODOLOGY, WORK PLAN, BILL OF QUANTITY & MANPOWER

A. Technical Solution

B. Detailed Design & Approach - Hardware, System software and application software detail

used in the project.

C. Work Plan - Schedule of Installation, Implementation, Maintenance including Disaster Management

Plan, Service details

D. Model for Financial sustainability & Operational sustainability

E. Demo details:

F. Manpower details such as position, qualification, experience, duties & responsibilities in the Project:

G. Bill of materials – Hardware, any other accessories, etc.

ANNEXURE-B

(To be uploaded alongwith Technical Criteria only)

CERTIFICATION OF ANNUAL SALES TURNOVER BY THE CHARTERED ACCOUNTANT

This is to certify that the Annual Turnover furnished by M/s. ____________________________ for the last

three Financial Years (i.e. 2015-16, 2016-17 & 2017-18) as furnished in the enclosed statement of accounts,

is verified by us and found correct.

Financial Year Turnover

2015-16 Rs _____ Lakhs

2016-17 Rs_____ Lakhs

2017-18 Rs_____ Lakhs

CHARTERED ACCOUNTANT:

(Signature with Seal)

Membership No. _______ Address:

ANNEXURE-C

SCHEDULE OF DEPARTURES FROM TECHNICAL SPECIFICATIONS

Tenderers shall mention in this schedule all departures from the various clauses of the Specifications of the

item. In the absence of any mention in this schedule, the clauses of these Specifications shall be binding on

the tenderers. If the departure specified herein, is found to be in contradiction to the Undertaking’s

requirements/specifications then such offers will be treated as non-responsive.

[Must be filled by the Tenderers separately, if there is departure & then upload alongwith in the Technical

Ref. to Section No. & Clause No. of

Technical Specifications,

Schedule-VIII

Departures

We here carefully gone through the specifications and we undertake to meet clauses in the specifications in

all respects etc. for the deviations mention above.

N.B.:Please note that if the tenderer fails to upload Schedule of Departure, it will be presumed that there is

no technical deviation.

ANNEXURE-D

BIDDER’S DETAILS OR LEAD MEMBER’S DETAILS IN CASE OF CONSORTIUM

Particulars Description/

Details

Reference documents Uploaded

documents, if any

1. Name of Bidder

Name of the Controlling

Entity, if any

2. Contact Details

Address

Telephone #

E-Mail

Website

3. Incorporation Details Certified Copy of Incorporation

Under Indian Companies Act,

Incorporation Number

Date of Incorporation

Authority

4. Registration Details Certified Copies of Service Tax

Registration and Sales/Trade Tax

Registration in India

Sales/Trade Tax. No.

Service Tax No.

PAN No.

Annual Turnover of the Bidder

or its controlling entity in the

last twoyears

(in crores)

Audited Statements of the

Bidder's Balance Sheets

FY 2014-2015

FY 2015-2016

6. Legal Status of Company (e.g.

Pvt. Ltd, Government Entity)

Name of the authorized

signatory who is authorized to

quote in the tender and enter

into the rate contract

Power of Attorney duly

authorizing the person signing the

bid documents to sign on behalf

of the bidder and thereby binding

the bidder Designation

Telephone

Mobile

E-Mail

Number & Address of Offices

In India

In Maharashtra

ANNEXURE–E

SELF-DECLARATION BY THE BIDDER

(To be submitted on the letterhead of bidder)

Details of Ineligibility for corrupt or fraudulent practices / Blacklisted with any of the Government or

Public Sector Units

The Transport Manager,

Navi Mumbai Municipal Transport,

Turbhe Depot, Navi Mumbai-400 705.

Sub: Declaration for not being under an ineligibility for corrupt or fraudulent

practices or blacklisted with any State or Central Government or Public Sector

Units in India as on last date of submission of the Proposal

We, the undersigned, hereby declare that –

• We are not involved in any litigation with any client which will impact execution of this project.

• We are not under a declaration of ineligibility for corrupt or fraudulent practices

• We are not blacklisted with any of the Government or Public Sector Units in India.

Thanking you,

Yours faithfully,

(Signature of the Bidder)

Printed Name

Designation

Place:

ANNEXURE-F

SOLUTION AND SERVICE EXPERIENCE SINCE LAST 3 YEARS

Bidder or its controlling entity’s Content Production Experience and List of Content Owned:

ANNEXURE–G

DETAILS OF EXPERIENCE OF BIDDERS IN SOLUTION AND SERVICES

ANNEXURE-J

DETAILS OF CONSORTIUM PARTNER

The bidder must provide the following details for the sub-contractors and original manufacturers of

all the products proposed to be provided:

Particulars Description/

Details

Reference of documents Page No.

A. Name of Organization

B. Contact Details

Address

Telephone No.

E-mail

Website

C. Incorporation Details Certified copy of

incorporation under Indian

Companies Act, 1956 /

Registration of shop act

Incorporation Number

Date of Incorporation

Authority

D. Sales/Trade Tax Regn.

Details

Certified copy of valid

GST Registration

Sales/Trade Tax No.

Registration Authority

E. GST Regn. Details Certified copy of valid

GST Registration in India

GST Tax No.

Registration Authority

F. Legal Status of Company

G. Name of Authorized

Signatory

Special Power of Attorney,

duly authorizing the person

signing the bid documents

to sign on behalf of the

bidder and thereby binding

the bidder

Position

Telephone

Mobile

H. ISO 9001:2008 certification Copy of Certificate issued

by respective agency

a) Issue Date

b) Valid Up to

c) Authority

d) Field / Area

I. Any other certifications Copy of Certificate issued

by respective agency

a) Issue Date

b) Valid Up to

c) Authority

d) Field / Area

J. Number & Address of

Offices

a) In India

b) In Maharashtra

Full Name and Signature of the Authorized Representative:

ANNEXURE-K

FORM FOR REQUESTING CLARIFICATIONS ON TENDER DOCUMENT

(To be submitted on the Letterhead of the Bidder)

Bidder's Request for Clarification

Name & address of the Bidder

Submitting Request

Name and Position of Person

submitting request

Contact Details of the Organization /

Authorized Representative

Telephone:

Mobile:

E-Mail:

TENDER DOCUMENT Reference Content of

Tender

document

requiring

Clarification

Points of Clarification Required

Section Page

Clause

Signature:

ANNEXURE-L

BANK DETAILS OF THE UNDERTAKING:

Bank Name:

Branch Name with address:

IFSC Code:

NMMT PAN No.:

M VAT TIN No.:

CST TIN No.:

INSTRUCTIONS FOR SUBMITTING BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

1. The copy of the Power of Attorney under which the person is authorized to sign this

Guarantee Bond may please be sent to the Undertaking along with the Guarantee.

2. The Bank Guarantee should be executed exactly as per this draft and in case any changes are

made or additions/deletions effected, the Bank Guarantee may not be accepted by the

Undertaking. The Contractor may then be required to lodge the Security Deposit in any other

form as provided in the General Conditions of Contract.

3. Bank Guarantee should be on a Stamp Paper of Rs100/-, alongwith confirmatory letter from

the Regional Office of the Bank concerned in an enclosed format.

4. The name of the officer should be mentioned below his signature and word “Surety” should

be typed below his signature.

5. Bank Guarantee should be signed in presence of two witnesses, who should also sign and

give their names and designations.

6. The seal of the Bank should be affixed below or near the signature of the officer and on all

pages at the middle of each page.

7. Power of Attorney original or true copy must be submitted along with Bank Guarantee. It will

returned after verification.

8. This Bank Guarantee is subject to Mumbai Jurisdiction.

9. The format for Captioned Letter for Bank Guarantee is given in Annexure-M.

10. `2,000/- should be paid in cash towards the cost of verification charges of Bank Guarantee.

DRAFT FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

Belapur Bhavan, 8th

Floor,

CBD Belapur, Navi Mumbai-400614.

KNOW ALL MEN BY THESE PRESENTS THAT WE _______________________________________

(Please put up the name of the Bank)

whose office is situated at _________________________________________________________

(Please put address of the Bank)

(hereinafter referred) to as “Sureties” (which expression shall mean to include their successors and

assigns) are firmly bound the General Manager, The Navi-Mumbai Mahganagarpalika Transport

Undertaking (hereinafter called “The Undertaking’) for and on behalf of the Municipal Corporation

of Navi-Mumbai for the purpose of the Undertaking (hereinafter called ‘The Purchaser” in which

expression are included the said General Manager and the person or persons, for the time being

holding the office of the General Manager or the Acting General Manager of the Undertaking) in the

sum of `_______________ (Rupees _____________________________________________) to be

paid to the Purchaser for which payment to be well and truly made we bind ourselves, our successor

and assigns firmly by these presents sealed with our seals.

DATED THIS DAY OF (Please put the date) WHEREAS by a contract for the manufacture and supply of

_________________________during the year ______________ hereinafter referred to as the said

Goods as evidenced by the Contract Work Order No.____________________________ dtd.

___________ of the Navi-Mumbai Transport Undertaking, M/s.

_________________________________________(Please put name and address of the

firm)(hereinafter called the ‘Contractors’) have agreed with the Purchaser for the considerations

therein mentioned, to manufacture and supply the said goods and perform and fulfill obligations as

in the said Contract is more particularly mentioned and set out and whereas the Contractors were

required to pay a Security Deposit of ` ___________ as part of the terms upon which the said

contract was entered into the Contractors proposed and the Purchaser accepted the sureties in lieu

of the said Security Deposit for the due and faithful performance by the Contractor, their successors

or assigns of the said contract and the Sureties have agreed to become bound in the sum above

mentioned conditioned as hereinafter expressed.

NOW THEREFORE the conditions of the above written Bond is such that if the Contractors, their

successors or assigns do and shall well and truly execute all the works contemplated by the said

Contract according to the terms thereof and perform and fulfill and keep all the obligations of the

Contractors under the said contract according to the true intent of the same and shall duly make all

payments in respect of damages, indemnity, reimbursement or otherwise, which shall become

payable by the contractors, their successors or assigns under the terms of the contract or in

respect of any breach, non-observance or non-performance of any of the terms thereof then, the

above written Bond shall be void but otherwise shall remain in full force and effect. PROVIDED

ALWAYS and it is hereby declared that, the liability of the contractors and the Sureties shall not be

affected or discharged by the alterations agreed to by the Purchaser or their agent in the details of

the works, materials, matters and things in the said Contract or in the papers, attached thereto it

being the true intent and meaning of the above written Bond that same shall be in full force and

effect to secure the execution of all the works and the supply of the said goods and fulfillment of all

obligations of Contractors, which may be reasonably inferred to be contemplated by the contract

and fulfillment of the obligation of the Contractors in respect of such works and the supply of the

said goods and the payment of all moneys, which may become payable as aforesaid in respect

thereof whether such alterations in detail be or not be made as aforesaid.

PROVIDED FURTHER that notwithstanding any difference or dispute arising between the Contractors

and the Undertaking under the terms of the contract or in any matter connected therewith the

demands made by the General Manager shall conclusive as to the liability of the Sureties and the

Sureties shall make payment to the General Manager without demur forthwith upon receipt of such

demand.

PROVIDED FURTHER that, any claim preferred by the Purchaser to the Contractors and remaining

unsatisfied by the Contractors shall be fully discharged and satisfied to the extent of the guarantee

by the Sureties.

AND PROVIDED that, the Purchaser shall be at liberty without discharging the Sureties from liability

hereunder to grant time or other indulgence to the Contractors in respect of payment due by the

Contractors to the Purchaser under the terms of the said Contract and to treat the sureties in all

respects as though the Sureties were jointly and severally liable to the extent of the said sum of

`____________ (Rupees___________________________________________) with the Contractors

as debtors to the Purchaser instead of merely Sureties for the Contractors. In order to give effect to

this Guarantee, the Sureties declare that, the Purchaser shall be at liberty to act as though they were

the principal debtors and hereby waive all and any of their rights as Sureties (legal, equitable,

statutory or otherwise), which may at times be inconsistent with the above provisions. This

Guarantee will expire on _________________.

Notwithstanding anything stated above, our liability under this Guarantee shall remain in force upto

______________. Unless a demand or a claim in writing is presented to us, under this Guarantee

within 6 months from that date i.e. upto ___________, all your rights under this Guarantee shall be

forfeited and we shall be relieved and discharged from all liabilities thereunder.

Provided, however, that the Bank hereby agrees to extend the period of Guarantee further or sign a

fresh Guarantee if for any reason whatsoever, the Contractors are unable to complete the works

within the period stipulated for such execution and the Undertaking as a result of the same instead

of terminating the contract and treating it as failure on the part of the Contractors grants an

extension of time and calls upon the Contractors to obtain an extension of the Guarantee period or a

fresh guarantee.

Any dispute/claim arising out of this Guarantee shall be subject to the jurisdiction of Mumbai Courts

For M/s. ______________________________________________

(Please put the Name of the Bank)

(1) Authorized Signature (2) Authorized Signature

__________________ __________________

(Name) (Name)

(1) (Signature of Sureties) (2) (Signature of Sureties)

__________________ __________________

(Name) (Name)

********************

ANNEXURE-M

FORMAT OF CAPTIONED LETTER

==== NAME OF THE BANK (ON BANK’S LETTER HEAD) ====

Belapur Bhavan, 8th

Floor,

CBD Belapur, Navi Mumbai-400614.

Ref. : Guarantee No. ____________________ dated _______________

For ` ________________________________ issued on behalf of

M/s. __________________________________________________

__________________________________________________

Dear Sir,

We refer to the captioned Bank Guarantee issued on behalf of our clients M/s. ________________,

which is drawn at our __________________________________________ Bank.

The above Bank Guarantee has been given by our clients towards Security Deposit/Performance

Guarantee for the execution of the contract with the NMMT Undertaking.

In this regard, we assure and undertake that, in the event any demand is made by you for invoking

the said Bank Guarantee, the Bank will honour the commitment by them and the payment will be

made to you without any demur forthwith upon receipt of demand from your office as per the terms

of the Guarantee. We, once again, assure you that the interest of your organization under any

circumstances will be fully protected by us.

Yours faithfully,

GENERAL MANAGER OF THE BANK

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