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Date: 12.11.2012
FORWARDING LETTER
Tender No. : CJI7965P13
Sub: Hiring of Transport Services of TATA Indigo
1.0 OIL INDIA LIMITED (Rajasthan Project) invites ON-LINE Bids under Single Stage-
Composite Bid System for hiring of transport services of 02 nos Brand New TATA Indigo CS
ELS CR4, Diesel AC Vehicle (Taxi Registration Only) along with driver for a period of
three(03) years with a provision for extension by another one(01) year at the same rates, terms
and conditions at OIL‟s option for operation in different areas within the State of Rajasthan
like Jodhpur, Ajmer, Jaipur, Jaisalmer, Bikaner and Sriganganagar districts and any other
surrounding state/areas of Company‟s activity as determined by the Company. For your ready
reference, few salient features (Covered in details in this bid document) are highlighted below.
i) OIL‟s Tender No. : CJI7965P13 dated 12.11.2012
ii) Tender Fee : ` 2000.00 (PSUs and SSI Units
registered with NSIC/SME are exempted)
iii) Type of Bid : Single Stage Composite Bid System
iv) Bid Closing Date & Time : 11:00 hrs (IST) on 18.12.2012
v) Bid Opening Date & Time : 15:00 hrs (IST) on 18.12.2012
vi) Bid Opening Place at Jodhpur : Office of the Chief Manager (M&C)
Oil India Limited, Jodhpur
vii) Amount of Bid Security : ` 71,500.00 (Non-interest bearing)
viii) Amount of Performance Security : 2.5 % of the Estimated Contract Value
2.0 We now look forward to receiving your most competitive offer in line with the tender terms
well within the bid closing date and time.
Yours faithfully
OIL INDIA LIMITED
(T. K. GUPTA)
CHIEF MANAGER (M&C)
Materials Department (Rajasthan Project)
12 Old Residency Road Jodhpur – 342 011
Rajasthan, India. Phone -0291-2438174
Fax : 0291-2431689
Materials Department (Rajasthan Project)
2-A, District Shopping Centre Saraswati Nagar, Basni
Jodhpur – 342 005 Rajasthan, India.
Tel: 0291-2438174 Fax : 0291-2727050
Email: [email protected]
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FOR GENERAL MANAGER (RP)
SECTION – I
INVITATION FOR BIDS
1.0 Oil India Limited (OIL) invites domestic competitive ON-LINE Bids from experienced
indigenous Service Providers / Contractors for the following services under Single Stage
Composite Bid System for its RAJASTNAN PROJECT through its e-Procurement portal
https://etender.srm.oilindia.in/sap/bc/gui/sap/its/bbpstart/!
1.1 Tender No. : CJI7965P13 dated 12.11.2012
1.2 Bid Closing Date : 18.12.2012
& Time (11:00 Hrs. IST)
1.3 Tender Fee : ` 2,000.00
1.4 Bid Security : ` 71,500.00
2.0 Description of Services: Hiring of transport services of 02 nos Brand New TATA Indigo CS
ELS CR4, Diesel AC Vehicle (Taxi Registration Only) along with driver for a period of three
(03) years for operation in different areas within the State of Rajasthan like Jodhpur, Ajmer,
Jaipur, Jaisalmer, Bikaner and Sriganganagar districts and any other surrounding state/areas of
Company‟s activity as determined by the Company. The contract will also be having provision
for extension of the duration by another 01 year at the same rates, terms and conditions at the
option of OIL.
3.0 Tender Document will not be issued physically by the Company. The interested Bidders must
submit their applications showing full address (including e-mail ID) along with the non-
refundable Tender Fee (excepting PSUs and SSI Units registered with NSIC/SME on
submission of valid certificates) in the form of Demand Draft/Banker‟s Cheque in favour of
OIL INDIA LIMITED and payable at JODHPUR to the CHIEF MANAGER (M & C), OIL
INDIA LIMITED, 2-A, District Shopping Centre, Saraswati Nagar, Basni, JODHPUR-342 005
RAJASTHAN (INDIA) between 22.11.2012 and 11.12.2012 i.e., one week prior to the
scheduled Bid Closing date. On receipt of application and Tender Fee as above, USER-ID and
initial PASSWORD will be communicated to the bidder (through e-mail) and will be allowed
to participate in the tender through OIL‟s e-Procurement portal. Details of the NIT can be
viewed using “Guest Login” provided in the e-procurement portal. The link to e-procurement
portal has also been provided through OIL‟s website www.oil-india.com.
4.0 OIL reserves the right to refuse issuance of USER-ID and PASSWORD to such parties even on
payment of Tender Fee, about whose competence OIL is not satisfied. The Company‟s
decision in this regard shall be final.
5.0 OIL reserves the right to reject any/all bids and cancel the tender without assigning any reason
whatsoever.
-: Please visit us at www.oil-india.com:-
(END OF SECTION – I)
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SECTION – II
INSTRUCTIONS TO BIDDERS
1.0 Bidder shall bear all costs associated with the preparation and submission of bid. Oil India
Limited, hereinafter referred to as the Company, will in no case be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
1.1 It is advisable that the bidder should carry out reconnaissance survey of the area for proper
understanding and appreciation/apprehension of its environmental and logistic issues before
bidding.
A. BIDDING DOCUMENT
2.0 The services required, bidding procedures and contract terms are prescribed in the Bidding
Document. This bidding document includes the following:
(a) A forwarding letter highlighting the following points:
i) Oil India Limited‟s Tender No.
ii) Tender Fee
(iii) Bid Closing date and time
(iv) Bid Opening date, time and place
(v) The amount of Bid Security
(vi) The amount of Performance Guarantee
(b) Invitation for Bids (Section - I)
(c) Instructions to Bidders (Section - II)
(d) General Terms & Conditions and Scope of Work (Section - III)
(e) Special Terms & Conditions of Contract (Section – IV)
(f) Schedule of Rates/Services (Section - V)
(g) The Bid Security Form (Section - VI)
(h) The Performance Security Form (Section - VII)
(i) Bid Evaluation Criteria/Bid Rejection Criteria (BEC/BRC)-(Section - VIII)
2.1 The bidder is expected to examine all instructions, forms, terms and specifications in the Bid
Document. Failure to furnish all information required as per the Bid Document or submission
of a bid not substantially responsive to the Bid Document in every respect will be at the
Bidder's risk & responsibility and may result in rejection of their bid.
3.0 AMENDMENT OF BIDDING DOCUMENTS:
3.1 At any time prior to the deadline for submission of bids, the Company may, for any reason,
whether at its own initiative or in response to a clarification requested by a prospective Bidder,
modify the Bid Document through an Addendum.
3.2 The Addendum will be uploaded in OIL‟s e-Portal in the C-folder under tab “Amendments to
Tender Documents”. Bidders shall also check from time to time the e-tender portal (C-folder)
for any amendments to the bid documents before submission of their bids. Prospective
Bidders, who submitted the tender fee, may also be intimated about the amendments through
e-mail/fax/courier etc. The Company may, at its discretion, extend the deadline for bid
submission, if the Bidders are expected to require additional time in which to take the
Addendum into account in preparation of their bid or for any other reason.
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B. PREPARATION OF BIDS
4.0 LANGUAGE OF BIDS:
4.1 The bid as well as all correspondence and documents relating to the bid exchanged between
the Bidder and the Company shall be in English language, except that any printed literature
may be in another language provided it is accompanied by an English version which shall
govern for the purpose of bid interpretation.
5.0 DOCUMENTS COMPRISING THE BID:
5.1 The bid to be submitted online by the Bidder shall comprise the following components:
(i) Complete technical details of the services and vehicle specifications along with relevant
registration certifications, affidavit from the owner other than bidder, etc. as applicable.
(ii) Documentary evidence established in accordance with Para 8.0 below.
(iii) Bid Security (scanned copy) furnished in accordance with Para 9.0 below.
(iv) Statement of compliance as per Proforma – I of Section – VIII
(v) Price Bid Format as per Proforma –II of Section – VIII
(vi) All other Annexure and Proforma as required in the Tender.
5.2 Rates and prices to be quoted as per online format available in OIL‟s e-portal and completed in
accordance with Clause No. 6.0 and 7.0 herein below. Bidders are required to upload the duly
filled up Price Bid Format (Proforma – II, Section-VIII) uploaded as an attachment in OIL‟s e-
portal in addition to ONLINE price bid format.
6.0 BID PRICE:
6.1 Rates and prices to be quoted as per online format available in OIL‟s e-portal and completed in
accordance with Clause No. 7.0 herein below. In case bidders submit offers in both the formats
i.e. ONLINE Format as well as in uploaded Price Bid Format and if there is any mismatch in
offered rates, the rate quoted in ONLINE Format will prevail.
6.2 Price quoted by the Successful Bidder must remain firm during its performance of the Contract
and is not subject to variation on any account.
6.3 All duties and taxes including Service tax and other levies payable by the Contractor under the
Contract for which this Bid Document is issued, shall be included in the rates, prices and total
Bid Price submitted by the bidder, evaluation and comparison of bids shall be made
accordingly. All applicable taxes, duties and levies arising out of the profits on the contract
shall be borne by the bidder as per rules of the country.
7.0 CURRENCIES OF BID:
7.1 Rates/Prices are to be quoted strictly as per the Price Bid Format outlined vide
Proforma – II, Section-VIII of tender document and all rates/prices must be quoted in Indian
Rupees only. However, currency once quoted will not be allowed to be changed.
8.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS
These are listed in Bid Rejection Criteria vide Section –VIII of the Bidding document.
9.0 BID SECURITY:
9.1 The Original Bid Security for the amount as specified in the "Forwarding Letter" must reach
the Office of Chief Manager (M&C), Oil India Limited, 2-A, District Shopping Centre,
Saraswati Nagar, Basni, JODHPUR-342 005, India before the scheduled Bid Closing Date
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and Time of the Tender, otherwise the Bid will be rejected. Tender Number (CJI7965P13)
and the Description of Services must be clearly highlighted on the envelope containing the
Original Bid Security. A scanned copy of this document should also be uploaded along
with the offer on e-portal.
9.2 Pursuant to Para 5.0 above, the Bidder during online submission of its bid shall furnish as part
of its Techno-Commercial Bid, scanned copy of Bid Security for the amount as specified in the
"Forwarding Letter".
9.3 The Bid Security is required to protect the Company against the risk of Bidder's conduct,
which would warrant forfeiture of the Bid Security, pursuant to sub-para 9.8 below.
9.4 The Bid Security shall be denominated in the currency of the Bid, and shall be in the following
forms:-
a) A Bank Guarantee by a scheduled Indian Bank as per format provided in the Bid document
(Ref. Section-VI for the format) and valid for 30 days beyond the validity of the Bid. The
Bank Guarantee should be so endorsed that it can be invoked at the issuing bank's branch
located at Jodhpur (Rajasthan) India.
b) A Banker‟s Cheque/Demand Draft or FDR drawn on “OIL INDIA LIMITED” and payable
at Jodhpur, Rajasthan (India).
9.5 Any Bid not secured in accordance with above-mentioned sub-paragraphs will be rejected by
the Company as non-responsive, except those are exempted.
9.6 Unsuccessful Bidder's Bid Security will be discharged and/or returned within 30 days of
expiry of the period of the bid validity.
9.7 Successful Bidder‟s Bid Security will be discharged upon the Bidder's signing of the contract
and furnishing the Performance Security.
9.8 In case, any such Bid Security is found to be not genuine or issued by a fake banker or issued
under the signatures of fake official of the Bank, the bid submitted by the concerned bidder
shall be rejected forthwith and the bidder shall be debarred from participating in future tenders.
9.9 The Bid Security will be forfeited:
(a) If any Bidder withdraws their bid during the period of bid validity (including any
subsequent extension) specified by the Bidder on the Bid Form, or
(b) If a Successful Bidder -
i) fails to sign the contract within reasonable time and within the period of bid
validity, and /or,
ii) fails to furnish Performance Security.
NOTE :Public Sector Undertakings and Firms registered with NSIC/Directorate of
Industries are exempted from submitting bid securities against this tender,
subject to submission of valid certificates.
10.0 PERIOD OF VALIDITY OF BIDS:
10.1 Bids shall remain valid for 90 days after the date of bid opening prescribed by the
Company.
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10.2 In exceptional circumstances, the Company may solicit the Bidder's consent to an extension of
the period of validity. The request and the response thereto shall be made in writing (by Fax or
E-mail). A Bidder may refuse the request without forfeiting their Bid Security. A Bidder
granting the request will neither be required nor permitted to modify their bid but shall arrange
suitable validity extension of their Bid Security provided under para 9.0 above.
11.0 FORMAT AND SIGNING OF BID:
11.1 As the Bids are to be submitted ONLINE with digital signature, manual signature is not
required.
C. SUBMISSION OF BIDS:
12.0 ONLINE SUBMISSION :
12.1 The Bid should be submitted online up to 11:00 Hrs. (IST) (Server Time) on the date as
mentioned and will be opened on the same day at 15:00 Hrs. (IST) at the Office of Chief
Manager (M&C), Oil India Limited, 2-A, District Shopping Centre, Saraswati Nagar, Basni,
JODHPUR-342 005, Rajasthan, India in presence of authorized representative of the bidder(s).
12.2 The Rates/Prices should be filled online in the Techno-Commercial-Bid (Composite) Screen
along with all other techno-commercial documents to be submitted as per tender requirement
placed in the “Techno-Commercial Bid” bid folder.
12.3 The Bid and all uploaded documents must be digitally signed by duly authorized representative
of the bidding company using “Class 3” digital certificate [e-commerce application (Certificate
with personal verification and Organization name)] as per Indian IT Act obtained from the
licensed Certifying Authorities operating under the Root Certifying Authority of India (RCAI),
Controller of Certifying Authorities (CCA) of India.
12.4 The Bidder will be responsible for ensuring the validity of digital signature and its proper usage
by their employee. The authenticity of above digital signature shall be verified through
authorized CA after the bid opening. If the digital signature used for signing is not of “Class-
3” with Organization name, the bid will be rejected.
12.5 The Tender is invited under SINGLE STAGE COMPOSITE BID SYSTEM. Therefore, the
Bidder has to submit the “TECHNO-COMMERCIAL” bid through electronic form in OIL‟s e-
Tender Portal within the Bid Closing Date and Time stipulated in the e-Tender and as per the
online Bid Format.
12.6 The Bids must be digitally signed using “Class-3” digital signature certificate with
Organizations Name (e-commerce application) as per Indian IT Act obtained from the licensed
Certifying Authorities operating under the Root Certifying Authority of India (RCAI),
Controller of Certifying Authorities (CCA) of India.
12.7 Timely submission of online bids is the responsibility of the Bidder(s). The Bid along with all
annexure /proformas and copies of documents should be submitted in e-form only through
OIL‟s e-bidding engine. The Bid submitted in physical form against e-procurement tenders
shall not be given any cognizance. However, the following documents should necessarily be
submitted in physical form in sealed envelope. The Tender No. and the Date of Bid
Closing/Opening must be prominently marked on the outer cover/envelope containing these
documents and should be sent to Chief Manager (M & C), 2-A, District Shopping Centre,
Saraswati Nagar, Basni, JODHPUR-342 005 Rajasthan, India so as to reach before the
scheduled Bid Closing Date and Time of the Tender.
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(i) The Original Bid Security (ii) Other documents required to be submitted as per tender requirement, if any.
13.0 DEADLINE FOR SUBMISSION OF BIDS:
13.1 Bidders will not be permitted by the System to make any change in their Bid after it is
uploaded. The Bidder(s) may however request CHIEF MANAGER (M & C) for returning
their Bid(s) before the due date of submission and resubmit their bid after necessary
revision/correction, if so envisaged any. But no such request will be entertained once the due
date for submission of Bid is reached and/or bids are opened.
13.2 No bid can be submitted/uploaded after the submission deadline is reached. The system time
displayed on e-procurement web page shall decide the submission deadline.
14.0 EXTENSION OF BID SUBMISSION DATE/TIME:
14.1 Normally no request for extension of Bid Closing date & Time will be entertained by
the Company. However, in case of any change in the specifications, inadequate response, or
for any other reasons, the Company may at its discretion or otherwise, extend the Bid Closing
Date and/or Time. In case of receipt of single bid within the scheduled Bid Closing Date and
Time, OIL may extend the Bid Closing/Opening Date by two (2) weeks at its option. However,
the bidder whose bid has been received within the bid closing date and time, will not be
allowed to revise their Bid/Prices. Withdrawal of such bid is also not permitted.
15.0 FORMAT OF BID SUBMISSION:
15.1 Bids to be submitted online at OIL‟s E-PORTAL. Detailed instructions are available in “HELP
DOCUMENTATION” in the E-PORTAL.
15.1 The offer should contain complete specifications, details of the services offered along with
relevant document/registration certificates of vehicles/affidavits, if any, etc. The Bid Security
(Scanned Copy) mentioned in para 9.0 above should be uploaded with the Techno-Commercial
Bid (i.e. Composite Bid).
15.3 The terms and conditions of the contract to be entered with the successful bidder are given in
various Sections of this bid document. Bidders are requested to state their compliance/non-
compliance to tender clauses as per PROFORMA-I to Section – VIII.
16.0 LATE BIDS:
16.1 Bidders are advised in their own interest to ensure that the bids are uploaded in the system well
before the closing date and time of the bid. Company will not be responsible for any failure to
upload the Bids due to last minute rush.
17.0 MODIFICATION AND WITHDRAWAL OF BIDS:
17.1 After the Bid is uploaded by the Bidder in the system, they will not be permitted by the System
to make any change in their Bid. However, for making any such subsequent
modification/correction, the Bidder must submit written modification or withdrawal notice to
CHIEF MANAGER (M&C), Oil India Limited, 2-A, District Shopping Centre, Saraswati
Nagar, Basni, JODHPUR-342 005 before the deadline for submission of bids. Bidders may
send these request letters to return their bids which they submitted earlier for modifications, if
envisaged any, prior to bid closing. The request should reach the office of Chief Manager
(M&C) at least three (3) working days prior to the scheduled bid closing date. Once the earlier
bid is returned by Company on request, Bidder can again upload their correct/revised bids
within the stipulated bid closing date and time. Maintaining sufficient time gap to withdraw
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the earlier bids for modifications and to resubmit the bids after necessary corrections/
modifications within the scheduled bid closing date and time is the sole risk and responsibility
of Bidder. Company shall not be responsible for any delayed delivery/late receipt of such
requests/notices for whatsoever reasons.
17.2 The Bidder, after submission of bid, may withdraw its bid entirely by written notice to the
Company prior to bid closing date & time without forfeiting their Bid Security.
17.3 Bids should not be withdrawn during the interval between the deadline for submission of bids
and the expiry of the period of bid validity specified by the Bidder on the Bid Form.
Withdrawal of a bid during this interval shall result in the Bidder's forfeiture of its Bid
Security.
18.0 BID OPENING AND EVALUATION:
18.1 The Company will open the Bids, including submissions made pursuant to para 17.0, in
presence of Bidder's representatives who choose to attend at the date, time and place
mentioned in the Forwarding Letter. However, the Bidder‟s representative must produce an
authorization letter from the bidder at the time of opening of tender. The Bidders'
representatives who are allowed to attend the bid opening shall sign in a register evidencing
their attendance. Only one representative against each bid will be allowed to attend.
18.2 Bid (if any) for which an acceptable notice of withdrawal has been received pursuant to para
17.2 above shall not be opened. On opening the remaining bids, the Company will examine
them to determine whether the same are complete, requisite Bid Securities have been
furnished, documents have been properly signed and the bids are generally in order.
18.3 At bid opening, the Company will announce the Bidders' names, written notifications of bid
withdrawal, if any, and such other details including submission of requisite Bid Security etc. as
the Company may consider appropriate.
18.4 The Company shall prepare, for its own records, Minutes of Bid Opening including the
information disclosed to those present in accordance with above sub-clauses.
18.5 To facilitate examination, evaluation and comparison of bids the Company may, at its
discretion, ask the Bidders for clarifications on their bids. The request for clarification and the
response shall be in writing and no change in the price or substance of the bid shall be sought,
offered or permitted. Bidder shall mention the name, designation, address, e-mail & fax
number of the contact person authorized for providing clarifications on their bids. All the
clarifications shall be in writing and duly signed by authorized person. Clarification through e-
mail should also be signed, scanned and sent in soft (pdf) format followed by confirmation in
hard copy. Bidder must respond to clarification within the time limit as given by the Company.
18.6 Prior to detailed evaluation, the Company will determine the substantial responsiveness of
each bid to the Bidding Document. For this purpose, a substantially responsive bid is one,
which conforms to all the terms and conditions of the Bidding Document without any
deviations or reservation.
18.7 A Bid determined as not substantially responsive will be rejected by the Company and can not
subsequently be made responsive by the Bidder through corrections of the non-conformities.
18.8 The Company will examine the Prices to determine whether they are complete, any
computational errors have not been made, the documents have been properly signed, and the
bids are generally in order.
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18.9 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
the unit price and the total price (that is obtained by multiplying the unit price and quantity) the
unit price shall prevail and the total price shall be corrected accordingly. If any Bidder does not
accept the correction of the errors, his bid will be rejected. If there is a discrepancy between
words, and figures, the amount in words will prevail.
19.0 EVALUATION AND COMPARISON OF BIDS:
19.1 The Company will evaluate and compare the bids as per Bid Evaluation Criteria
(Section-VIII) of the tender document.
D. AWARD OF CONTRACT
20.0 AWARD CRITERIA:
20.1 The Company will award the Contract to the Bidder whose bid has been determined to be
substantially responsive and has been determined as the lowest evaluated bid, provided further
that the Bidder is determined to be qualified to perform the Contract satisfactorily.
21.0 COMPANY‟S RIGHT TO ACCEPT OR REJECT ANY BID:
21.1 The Company reserves the right to accept any bid and to reject any or all bids and/or to annul
the bidding process in entirety, at any time prior to award of contract, without thereby
incurring any liability to the affected bidders or any obligation to inform the participating
bidders of the ground for Company‟s action.
22.0 NOTIFICATION OF AWARD OF CONTRACT:
22.1 Prior to expiry of the period of bid validity or extended validity, the Company will notify the
successful Bidder in writing by registered letter or by fax/e-mail (to be confirmed in writing by
registered / courier letter) that their bid has been accepted.
22.2 The notification of award will constitute the formation of Contract.
23.0 SIGNING OF CONTRACT:
23.1 At the same time as the Company notifies the successful Bidder that their Bid has been
accepted, the Company will either invite the bidder for signing of the Contract or send the
formal Contract document. The contract document will be accompanied by the General &
Special Conditions of Contract, technical specifications, schedules of rates and all other
relevant documents.
23.2 Within two weeks of receipt of the final contract document, the successful Bidder shall sign
and date the contract and return the same to the Company.
(END OF SECTION – II)
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SECTION – III
GENERAL TERMS & CONDITIONS AND SCOPE OF WORK
1.0 DEFINITIONS:
1.1 In this Contract, the following terms shall be interpreted in accordance to the meaning assigned
below to them respectively:
a) "Contract” means the Agreement to be entered into between Company and Contractor
including the terms and conditions as recorded therein and all formats/proformas &
attachments thereto and all documents incorporated by reference therein.
b) "The Contract Price" means the price payable to the Contractor under the full and proper
performance of its contractual obligations.
c) "Company" means OIL INDIA LIMITED and its executors, successors and assignees
e) “Company Representative” means the person or persons appointed and approved in writing
from time to time by the Company to act on its behalf for overall co-ordination and project
management at site.
f) "Contractor" means the individual or firm or body incorporated providing the services
under this contract and its executors, successors and assignees.
g) "Contractor's Items‟ means the equipment, materials and services that are to be provided by
the Contractor at the expense of the Contractor.
h) "Commencement Date" means the date on which vehicle is placed at OIL under the
Contract.
i) "Driver" means the person having valid driving license is provided by Contractor from time
to time to conduct operations hereunder.
j) “Base Office” The contractor shall have a base office at Jodhpur to be manned by
competent personnel, who shall act for the Contractor in all matters relating to Contractor's
obligations under the Contract.
m) “Gross Negligence” as used in this contract shall mean “willful and wanton disregard for
harmful, avoidable and foreseeable consequences”.
2.0 SCOPE OF WORK:
2.1 Hiring of transport services of BRAND NEW 02 Nos. TATA Indigo CS ELS CR4 Diesel AC
Vehicles (Taxi registration only) along with driver and with all standard fittings as per the
manufacturers latest leaflets and purchased after issuance of LOA for operational areas in
Rajasthan and any other surrounding states/areas of the Company‟s activities as determined by
the Company for a period of 03 years with a provision for extension by another 01 (One) year
with same Rate, Terms & Conditions. The vehicle shall have Taxi Registration and comply
with Motor Vehicle Act which includes provision of Safety Belts, First Aid Box and Fire
Extinguisher etc. The Transport Service Provider shall be responsible for all Central /State
Govt. and local taxes inclusive of service tax, fees, insurance, capital investment, operating
expenses etc. and the rates shall be inclusive of all such and similar charges. The rates shall
also be inclusive of all incidental and contingent operations which, although not specifically
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mentioned in the service contract, are necessary for the performance of the service in a
satisfactory manner and up to the desired standard. The Transport Service Provider shall
supply and maintain the service of the vehicles in normal service EVERYDAY with drivers
thoroughout the day and night as required by Company. In case of failure to keep up the
vehicle in normal service on any day and night, the Service Provider shall be liable to pay to
the Company liquidated damage.
2.2 The transport services to be provided under the Contract shall be for different
areas within the state of Rajasthan like Jodhpur, Ajmer, Jaipur, Jaisalmer, Bikaner and
Sriganganagar districts and any other surrounding state/areas of the Company‟s activity as
determined by the Company.
3.0 PERFORMANCE SECURITY:
3.1 Within two weeks of issue of Notification of Award of the Agreement, the
successful Transport Service Provider shall furnish Performance Security to the Company in
the form of Bank Draft or Bank Guarantee from a scheduled Bank
located in India and as per format provided in Section-VII of the Bid document on non –
judicial Stamp Paper of requisite value, as per the Indian Stamp Act, purchased in the
name of the issuing banker. The amount of Performance Security shall be 2.5% (two point
five percent) of the total evaluated value of the Agreement. A Performance Bank Guarantee
should be so endorsed that it can be invoked at the issuing Bank‟s branch located
in Jodhpur (Rajasthan). The proceeds of the Performance Security shall be
payable to the Company as compensation or any loss resulting from Transport
Service Provider‟s failure to complete his/her obligations under the Agreement.
The Performance Security shall be valid till six (06) months beyond the date of expiry
of the Agreement.
3.2 The Performance Security specified above must be valid for six (06) months beyond the expiry
date of the contract to cover warranty obligations, if any and to lodge claim, if any. The same
will be discharged by Company not later than 30 days following its expiry. In the event of
extension of contract, subsequent to expiry of validity of the original contract period,
Contractor shall have to enhance the value of the performance security to cover 2.5% of the
evaluated contract value for the extended period and also to extend the validity of the
performance security accordingly.
3.3 Performance Security shall be returned to the Transport Service Provider after adjustment of
compensation/loss, if any, due to the Company for any reason. The Performance
Security shall not accrue any interest. In case of default on the part of the
Transport Service Provider, the Performance Security shall automatically stand
forfeited in full or in part and the Transport Service Provider shall have no claim
on this account whatsoever.
4.0 INVOCATION OF PERFORMANCE BANK GUARANTEE:
4.1 In the event of Contractor failing to honour any of the commitments entered into under the
contract and/or in respect of any amount due from Contractor to the Company, the Company
shall have an unconditional option under the guarantee to invoke the Performance Bank
Guarantee and claim the amount from Bank.
4.2 The Company will have the right to invoke the Performance Bank Guarantee in case the
Contractor fails to mobilize the vehicle(s) in good running condition along with Contractor‟s
Personnel(s)/Driver within the stipulated period irrespective of any reasons whatsoever.
12
5.0 BREACH OF CONTRACTUAL OBLIGATION means amongst others also the following:
(i) Carriage of unauthorized passengers by the Transport Supplier while under this
agreement with the Company.
(ii) Unauthorized use of the vehicle(s)/equipment when released to the Transport
Supplier for undertaking its deployment for any other business purpose.
(iii) Withdrawal of vehicles/equipment from the service before expiry of the term of this
agreement for any reason whatsoever without the consent/instruction of the
Company Engineer/Officer.
(iv) Failure to park the vehicle/equipment after release on close of working hours at
place designated by the company’s engineer/officer.
(v) Failure of the Transport Supplier to place the vehicles/equipment for periodic
inspection as per schedule as directed by Company’s Engineer/Officer.
(vi) The vehicle (Taxi Registered only) must be owned and registered preferably in the
name of the Firm or in the name of owner of the firm during the entire tenure of
contractual period including extension period, if any.
6.0 "LICENCE AND PERMITS" means any and all of the following which must be valid
and updated periodically by the Transport Supplier to the satisfaction of the Company:-
a. Professional driving license(s) and P.S.V. badge(s) for the driver(s)
b. Registration Book(s) with endorsement of Road Tax
c. Permits for plying the vehicle(s)/equipment for commercial purpose as may be
required.
d. Road permits
e Fitness certificate
f. Comprehensive insurance certificate(s) both for vehicle(s)/equipment as well
as driver/Crew
g. Any other as required under law in force
h. Pollution under control certificate
7.0 "STATUTORY ACTS" means all the State and Central Government statutes and
regulations effecting the operation of the services under this Agreement as may be in
force from time to time and shall particularly include but not be limited to the following;
i. The Motor Vehicle Act, 1988,
ii. The Motor Transport Worker's Act, 1961,
iii. The Contract Labour (Regulations & Abolition) Act, 1970,
iv. The Minimum Wages Act, 1948,
v. The Employees Provident Fund & Miscellaneous Act, 1952,
vi. The Oil Mines Act, 1972 and Oil Mines Regulation, 1984,
vii. The Workmen Compensation Act, 1923 &
viii. Industrial Disputes Act, 1947
8.0 Fixed Charge Per Month: Fixed charge mentioned under of Part-II hereof which will be
inclusive of depreciation, all applicable taxes & duties, insurances, wages and other
emoluments of drivers inclusive of relief drivers which the transport supplier will have to
engage and provide at all times essentially for the continuous operation of the service
envisaged under this agreement. The supplier shall have to ensure full compliance with
Motor Vehicles Act 1988 and Motor Transport Workers Act 1961 and the Rules framed
13
there under all other statutory acts as may be in force from time to time governing the
engagement of staff, their conditions of service which must include minimum wages as
per the aforesaid Acts, Statutory/Weekly offs, holiday, overtime, annual leave, uniforms
etc.. No other separate charges on such accounts will be payable by the company at any
point of time during the tenure of the contract and same, if any, shall have to be borne
entirely by the transport supplier. The fixed charges payable under this agreement shall
be deemed to be inclusive of all payments to be borne by the transport supplier on all such
accounts. Fixed charge also includes the cost of consumables and fuel as may be required
for stipulated normal hours of duty at a stationary place when there is no km run.
9.0 OBLIGATIONS OF THE TRANSPORT SEVICE PROVIDER:
9.1 The Transport Service Provider shall observe and abide by all the Statutory Acts and
shall be primarily and solely responsible for observance of the rules and regulations
stipulated hereunder.
9.2 The Transport Service Provider shall be responsible and liable for all claims, monetary or
otherwise, arising out of the use of vehicle /equipment or operations of the services
envisaged under this agreement including liability under the Statutory Act or any other
liability as may arise due to operation of this agreement and the Company shall not be
held liable or responsible for any such claim in any manner whatsoever. The Statutory
requirements and obligations to be performed under the Statutory Acts affecting the
operations of the services under this Agreement shall have to be performed by the
Transport Service Provider only and shall be his/her sole responsibility. Be it stated
particularly that the Transport Service Provider hereby undertakes to fully implement
entirely at his/her own cost all the provisions of the Motor Transport Workers Act, 1961
and other Statutory Acts as may be in force from time to time and the rules framed there
under as may be applicable to the operation of the service envisaged under this
agreement in the area of operations of the Company.
9.3 The Company shall not be liable for any dues, statutory or otherwise claimed by the
employees/workmen employed by the Transport Service Provider for the services rendered
under this agreement and all such claims, statutory or otherwise or operation of any
settlement or award in favour of the employees/workmen employed by the Transport
Service Provider will be solely against the Transport Service Provider and not against the
Company. Be it expressly stated that any demands whether present or future by the
employees deployed by the Transport Service Provider against the services envisaged
under this agreement shall have to be settled and satisfied by the Transport Service
Provider solely and in the event of any loss or inconvenience or disruption that may result
because of any non-settlement of such demands which may lead to a disruption of service
envisaged under this Agreement shall also be deemed as a default.
9.4 The Company shall neither entertain any demands from the employees of the Transport
Service Provider nor deal directly or indirectly with any recognized or un-recognized
unions of such employees. Be it expressly stated that it shall be primarily and solely the
responsibility of the Transport Service Provider to deal, interact and settle any demands
or disputes of his/her employees individually or through any unions or otherwise and the
Company shall not mediate in this matter at all.
9.5 Any unsettled disputes between the Transport Service Provider and his/her employees
leading to a legal or illegal strike by them would have to be settled by the Transport
Service Provider expeditiously. In the event of such a strike, whether legal or illegal, the
vehicle(s)/equipment shall be treated as shut down. Any failure on the part of the
Transport Service Provider to settle the disputes expeditiously or with reasonable
dispatch which results in interruption of the services envisaged under this Agreement
would be considered as a default under this agreement and the agreement would be
14
terminated at the discretion of the Company. The Transport Service Provider shall,
however, be given reasonable opportunity by the Company to explain that the cause of the
dispute was not due to delay on his/her part or due to failure to implement the statutory
obligations under the Statutory Acts as stipulated hereof. In the event if it is proved
that the Transport Service Provider was in default as mentioned here above, the
Company shall have the option to terminate the Agreement forthwith and the Transport
Service Provider shall not be entitled to any damages or compensation whatsoever on
account of such termination.
9.6 The Transport Service Provider shall ensure that the vehicle(s)/equipment deployed
under this service agreement do not cause any damage to the Company's properties. In
the event of any such damages, the cost of repair in respect thereof as determined by the
Company's Engineer shall be deducted from the Transport Service Provider outstanding
bills. The Company's decision in this regard shall be final and binding.
9.7 The Transport Service Provider shall be responsible and liable for all claims, monetary or
otherwise, arising out of the use of the equipment / vehicle or operation of the services
envisaged under this Agreement including liability under the Motor Vehicles Act,
Payment of Bonus Act, Workmen's Compensation Act, Payment of Wages Act or any other
statutory liabilities as may be in force from time to time and whatsoever. The Statutory
requirements and obligations to be performed under the above Acts or any other
enactment affecting the operation of services under this Agreement shall have to be
performed by the Transport Service Provider only and shall be his/her sole responsibility.
10.0 The transport service provided under the contract shall be for operation for different
areas within the state of Rajasthan like Jodhpur, Ajmer, Jaipur, Bikaner, Shriganganagar, Barmer and
Jaisalmer districts and any other surrounding states/areas of companies activity as determined by the
Company.
11.0 “STATUTORY OFF” means the off day per week or the compensatory off day in lieu
thereof which the Transport Supplier is required to give to his/her driver as per the Motor
Transport Workers Act, 1961 in respect of which adequate relief driver/crew shall be
provided at no extra cost.
12.0 The service shall be to the satisfaction of Company’s Officer/Engineer who shall have
powers, amongst other, to
a) Order the Transport Service Provider to remove immediately any cause of
unsatisfactory performance of the service.
b) Order the Transport Service Provider to replace, any person/driver/helper/mechanic/
supervisor engaged for the running of vehicle or for general management of the
service, if and when such person is found unsuitable for the purpose of rendering
efficient service to the Company
c) Order the Transport Service Provider from time to time such further instructions as
shall be necessary for the purpose rendering the services properly and adequately and
for keeping records which are deemed to be necessary for the Company. Non
compliance of the instructions will make the contractor liable for penalty as per the
provisions of the contract.
13.0 MAKE & MODEL OF VEHICLE: The Transport Service Provider shall be required to
provide 02 nos Brand New following vehicles along with driver and all standard fittings as per the
manufactures latest leaflets.
(i) Make : TATA
15
(ii) Model : Indigo CS ELS CR4, Diesel AC Vehicle
14.0 Vintage of Equipment/Vehicle(s): The service provider shall provide Brand New vehicle of
above make & model purchased & registered as Taxi after the date of Issue of LOA.
15.0 MOBILISATION OF VEHICLE: The Transport Service Provider shall have to place their
vehicle within 30 days from the date of issue of LOA from the Company. However,
requirement of the vehicle being very urgent, the Transport Service Provider should endeavour
to place the vehicle as early as possible.
16.0 LIQUIDATED DAMAGES: The Transport Service Provider shall provide the service of the
vehicle by placing the same within 30 days from the date of issue of Letter of Award of
Agreement, failing which liquidated damages will be levied at the rate of 0.5% of the total
evaluated value of the Agreement per week or part thereof for the delay in
placement of each vehicle subject to maximum of 7.5% of the total evaluated
value of the Agreement.
17.0 PENALTY: The Transport Service Provider shall supply and maintain the service of the
vehicle in normal service EVERYDAY (24 HOURS) with driver throughout the
day and night as required by the Company. In case of failure to keep the vehicle
in normal service on any day and night, the Transport Service Provider shall be
liable to pay to the Company penalty at the rate of 1.5 times of Fixed Charge per
vehicle per day. The total shut down hours would be converted into number of
days and for fraction of the day, the penalty would be charged proportionately.
The above penalty is in addition to proportionate deduction of Fixed Charges for
the shut down hours. Such penalty may be recovered from the Transport Service
Provider‟s outstanding bills or may be reduced or waived at the discretion of the
Company.
18.0 TERMINATION:
18.1 In the event of failure of the Transport Service Provider to place the vehicles or
replacement thereof with similar vehicle in due time or to render proper services
as per terms of the Agreement, the Company reserves the right to terminate the
Agreement with 15 (fifteen) days notice in writing and on expiry of this notice
period the Agreement shall stand terminated and the Transport Service Provider
shall not be entitled to any damages or compensation on account of such
termination or otherwise from any cause arising whatsoever.
18.2 The Company may send written notice to the Transport Service Provider, and
terminate the Agreement in whole or part at any time for its convenience. The
notice of termination shall specify that the termination is for the Company‟s
convenience, the extent to which performance service under this Agreement is
terminated and the date on which such termination becomes effective, which will
be at least 45 (forty five) days after the date of the notice of termination If the
Company exercise this right,, it shall pay the Transport Service Provider in
accordance with the provisions of this Agreement for the services satisfactorily
rendered up to the date of termination. The Transport Service Provider will not be
entitled to any damages or compensation on account of such termination.
19.0 PAYMENT : The Company shall make monthly payment, subject to adjustment/deduction as
necessary, for the service rendered in each calendar month and will endeavour to
pay before the expiry of 30 (thirty) days from the date of submission of complete monthly
statement–cum-bill for the month for every vehicle on the basis of accepted rates
16
/calculations as mentioned in the Agreement provided bills without any discrepancy (which are
to be submitted by the Transport Service Provider once a moth) are received not later than the
4th day of subsequent calendar month.
19.1 The Bill must be accompanied with the followings:
(i) Daily Log Book in original countersigned by Company‟s authorized Engineer/Officer.
20.0 DURATION OF THE AGREEMENT: The duration of the Agreement shall be for a
period of 03(three) years with a provision for extension by another 01(one) year at the same
rates, terms and conditions.
21.0 ADDRESS FOR CORRESPONDENCE:
Any notice required to be given under this service agreement including all
correspondence shall be addressed to the respective parties at their given address.
Any change in address shall be communicated by the respective parties in writing
under registered cover at least fifteen days prior to the change of address.
Address of Company :
GENERAL MANAGER (RP)
Oil India Limited
2-A, District Shopping Centre
Saraswati Nagar, Basni
JODHPUR-342 005
Address of the Transport Service Provider :
22.0 In case of any doubt or dispute arising under this Agreement the decision of the
Company‟s representative shall be final and binding on the Transport Service
Provider.
23.0 The Transport Service Provider shall undertake to fully indemnify the Company
against any and all claims which may arise under the Motor Vehicles Act, Mines
Act, Payment of Bonus Act, Workmen‟s Compensation Act, Payment of Wages
Act and / or Statutes having bearing over the service and / or engagement of
workmen directly or indirectly for performance of service hereunder agreed upon.
24.0 INSURANCE: The transport supplier shall arrange comprehensive insurance to cover all risks
in respect of their personnel, materials, equipment and vehicles belonging to the Transport
supplier or his/her contractors during the currency of the agreement and provide certificates of
such insurance.
25.0 ASSIGNMENT: The Transport Supplier shall not assign his/her rights, duties and obligations
arising under this agreement and sublet to any third person or party except in respect of
payments to be received by Transport Suppliers, if acceptable to the Company.
26.0 SUB-CONTRACT: The Transport Supplier shall not sub-contract all or any part of the work
envisaged under this Agreement.
27.0 FORCE MAJEURE :
27.1 Notwithstanding anything herein to the contrary, the Transport Service
Provider shall not be liable for forfeiture of his Performance security, payment of
penalties or termination for default, if and to the extent that, his delay in
17
performance or other failure to perform his obligation under the Agreement is the
result of any event of Force Majeure.
27.2 For the purpose of this clause, “Force Majeure” means as event beyond the
control of or and not involving The Transport Service Provider‟s fault or
negligence. Such events include, but are not restricted to act of Company either in
its sovereign or on agreement capacity, words or revolutions, fires, floods
epidemics, quarantine restrictions and freight embargoes.
27.3 If a Force Majeure situation arises the Transport Service Provider shall promptly
notify the Company in writing of such condition and the cause thereof. Unless
otherwise directed by Company in writing, the Transport Service Provider
shall continue to perform his obligations under the Agreement as far as in
reasonably practicable and shall seek all reasonable alternative means for
performance not prevented by Fore Majeure event.
27.4 In the event of Force Majeure conditions involving war hostilities, riots, civil
commotions, earthquake, strikes /lockouts, whether legal/illegal etc. prevailing
and continuing for more than 15 days, the Company shall be entitled to terminate
the Agreement by giving 15 days Notice thereof in writing after the first days of
Force Majeure.
28.0 SETTLEMENT OF DISPUTES AND ARBITRATION:
28.1 The Transport Service Provider and the Company shall make every effort to
resolve amicably by direct informal negotiation and disagreement arising between
them under or in connection with the Agreement.
28.2 In the event of any disagreement or dispute arising in connection with execution
of the Agreement which can not be settled in an amicable manner between the
Transport Service Provider and the Company, the matter shall be referred to
arbitration. Such arbitration shall be governed by the provisions of the Indian
Arbitration Act, 1940 as amended up to date by any statutory modification or re-
enactment thereof for the time being in force. Arbitration proceeding will be held
in Jodhpur.
29.0 The transport supplier should ensure that the drivers are available every day i.e. on Holiday,
Sundays, Off days or during leave of the drivers as per the requirements of the Company‟s
Engineer/Officer. In the event of failure to do so would tantamount to a default and the
vehicles/equipment shall be treated as shut down, in which case the liquidated damages shall
be deducted from the transport supplier.
30.0 SUBSEQUENTLY ENACTED LAWS: Subsequent to date of bid submission, if there is a
change in or enactment of any law or interpretation of existing law which results in an
additional cost/reduction in cost under the contract to Contractor such as but not limited to
Corporate tax, Local taxes, Octroi, Sales tax, Service tax, Levies etc., the additional
cost/reduction in cost shall be reimbursed by Company to Contractor or by Contractor to
Company as the case may be.
31.0 AMENDMENTS OF AGREEMENT: Amendments to any terms and conditions of the
Agreement, if any, shall be carried out only through an Amendment to Agreement duly signed
by authorized representative of the Company and the Transport Service Provider.
18
32.0 Oil India Limited reserves the right to cancel this tender without assigning any reason
whatsoever.
33.0 SET OFF CLAUSE : Any sum of money due to and payable to the Contractor (including
Security Deposit refundable to them) under this or any other contract may be appropriated
by the Company (OIL) and set off against any claim of the Company (OIL) (or
such other person or persons contracting through the Company) for payment of a
sum of money arising out of this contract or under any contract made by the
Contractor with the Company (OIL) (or such other person or persons contracting
through the Company).
(END OF SECTION – III)
SECTION – IV
SPECIAL TERMS AND CONDITION
CLAUSE # I:
Rates specified in Section-VIII of this tender document are deemed to have been based on the
following conditions and the Service Provider shall not be entitled to any additional payment
on any account).
1) The service to be rendered shall be on hire basis as per the rates specified in Section-VIII. The
period of hire of the vehicle under these service agreement will be 03(three) years with a
provision for extension by another 01(one) year at the same rates, terms and conditions.
2) The vehicle shall be equipped with all standard fittings, A/C, instruments etc. and conform to
the provisions of Motor Vehicle Act including Insurance cover, Fitness Certificate,
Registration Certificate etc.
3) The vehicle shall at all times be licensed (at the Service Provider‟s cost) by appropriate
government authority to ply on contract basis in different areas within the state of Rjasthan like
Jodhpur, Ajmer, Jaipur, Bikaner, Shriganganagar, Barmer and Jaisalmer districts and any other
surrounding states/areas of companies activity as determined by the Company.
CLAUSE # II:
1.0 The speedometer and kilometer record must be maintained at a high standard of accuracy. Any
defects noticed by Company‟s officer at the initial and subsequent per indicial inspection shall
have to be rectified forthwith by the Contractor at his cost. Until such rectification, the reading
of the instrument will be subject to such correction factors as determined by the Company
Officers. For purpose of monthly payments corrected reading of the various records, if such
corrections is deemed necessary will be binding on the Contractor.
19
2.0 In the event any vehicle becoming out of order, or otherwise not available, a relief equivalent
vehicle shall be placed in service immediately as substitute. In the event of failure on the part
of the Contractor, liquidated damages will be payable by the Contractor as specified in this
tender document. Also, the Company has the right to make alternative arrangement and
additional expenditure incurred by the Company in arranging alternative arrangement, if any,
will be recovered from the Contractor.
3.0 Drivers of the vehicle provided against the contract must be in possession of valid professional
driving license authorizing him to drive the particular type of vehicle in the manner required
under this contract. Name of the driver with full particulars of driving licenses shall be
furnished to the Company at the commencement of the agreement and also on every occasion
when a driver is required to be replaced for any reason.
4.0 Regarding the color & other details of the car, the contractor should contact Chief Manager
(A&ER) before purchasing the vehicle.
5.0 The driver or drivers engaged by the contractor should be of good character, discipline and in
good health. If the driver or drivers indulges in any theft, or other unlawful activities, action
will be taken as per the law of the land. If the vehicle is seized by the Police or any other law
enforcing agency for such activities, while on company's duty, it will be the responsibility of
the contractor to deal with the matter.
6.0 In company's opinion, if a driver is not attending duty properly or having bad credentials or
found involved in theft or any other unlawful activities drunken driving, he may not be issued
any entry pass. In that event, the contractor has to remove the driver on getting advice from the
company.
7.0 Drivers, when operating the vehicle, must be fit in a physical and mental condition and shall
not be under the influences of intoxication of any type.
8.0 All persons employed by the Contractor under the Service Agreement must observe all the
rules promulgated by Rajasthan State Administration from time to Time for working in
Rajasthan.
9.0 While working inside the declared prohibited areas, if any person is found to be objectionable
from security considerations, the person must be replaced by the Contractor.
10.0 The vehicle shall carry Name Plates or Markings (for purpose of identification) inscribing
#ON OIL INDIA LIMITED DUTY# and towing Hock at the rear, as directed by the Company
Representative at the cost of the Contractor.
11.0 During the currency of this Contract while on duty on call basis, the Contractor shall NOT #
withdraw the vehicle on company duty from service for any other purposes (except in
connection with repairs).
12.0 Notwithstanding with any clause of the contract, it will be terminated on account any one of
the following situation #
12.1 Deteriorated mechanical condition of the vehicle.
12.2 Frequent shutdown due to non-availability of fuel etc.
12.3 During the currency of the contract, if it is found that the contractor submitted any false
statement / document in the application / tender document
20
13.0 The vehicle (Taxi Registered only) must be owned and registered preferably in the name of the
Firm or in the name of owner of the firm during the entire tenure of contractual period
including extension period, if any. Change of ownership of vehicle at any time during the
tenure of the contract period will lead to termination of the contract.
14.0 Payment shall be made for the days / kilometerage actually logged on Company's duties as per
instructions of the Company's Engineer/officer and as reflected in the Daily Log Book.
15.0 Under no circumstances, the vehicle should carry out/involve in any unlawful activities /duties.
In the event of any such case, the contractor will be held responsible for the consequences.
16.0 On receipt of the Monthly statement-cum-kilometreage Bill the Company‟s Engineer/Officer
shall verify the same with the Daily Log Book and forward the same after making adjustment
as may be necessary to the Finance Department of the Company for Payment. The Bill must be
accompanied with the following:
16.1 Daily Log Book in original for the month.
17.0 All standard safety devices & AC fitted to the vehicles should be in working condition.
18.0 The Contractor will make all arrangement at for fuelling/servicing/repairing of the vehicle,
boarding and lodging of his staff at his cost.
19.0 The Transport Service Provider shall render trouble free services during the agreement period
without any failure. The Transport Service Provider will be allowed a shut down for maximum
of 48 hours at a stretch per month exclusively for maintenance and repair of each vehicle
preferably on Sundays. The day will be selected with the permission of the company as per
convenience of company‟s work and LD and Penalty will not be applicable for this 48 hours at
a stretch per month. However, Penalty and LD will be applicable for beyond more than 48
hours at a stretch shut down in a calendar month. However, if it is found that the vehicle was
not utilized for maintenance and repair purpose, the company will impose LD & Penalty at its
sole discretion.
20.0 The driver can be replaced even for short period, only with permission of the company
Engineer/Officer.
21.0 The rates shown in Section-VIII shall be fixed and firm for the entire tenure of the contract and
shall be binding on both the parties. No changes in these rates shall be allowed under any
circumstances during the tenure of this service agreement.
22.0 The rates Per Kilometer run shall be corresponding to the HSD arte (Rs. 49.15) prevailing at
Jodhpur as on 16.10.2012. All minor increase/Decrease of rate of fuel price within 5% shall be
absorbed by the contractor. In case of any change in rates of HSD beyond 5% compensation
for increase/Decrease in running cost will be paid to the contractor or recovered as the case
may be. For calculation of such compensation, Mileage (HSD compensation rate) for the
vehicle may be considered as 14 KM/Liter without AC and 12 KM/Liter with AC.
23.0 Parking Charges/ Toll charges/ Inter-State tax shall be reimbursed by OIL at actual against
documentary evidence of such payments.
24.0 The vehicle may be for round the clock duty basis while the duty hours of driver shall be for 12
(Twelve) Hours preferably from 9.00 AM to 9.00 PM with a provision for continuation beyond
12 (Twelve) hours on need basis. However, this timing may be changed by the company as per
the operational requirements.
21
25.0 The driver shall be in uniform with Cap preferably Grey color and penalty of Rs. 50 (Rupees
Fifty Only) per day per vehicle will be levied, in case the driver is not in uniform.
26.0 Periodic inspection/test:
a) On initial placement; and
b) Every three months thereafter or as and when considered necessary by the Company
Engineer/Officer during the tenure of agreement.
27.0 Vehicles used for Long Distance (Outstation duty) opening and closing of meter
(Kilometerage) shall be on Jodhpur to Jodhpur basis. Opening and closing of meter
(Kilometerage) shall be certified by the User/ Authorized OIL executive.
(END OF SECTION – IV)
SECTION-V
SCHEDULE OF RATES/SERVICES
PRICE BID FORMAT
Sl.
No.
Description of Service (for
Brand new TATA Indigo CS
ELS CR4 with AC diesel
vehicle)
Unit
Estimated
Quantity
Rate per
Unit
(`)
Total Amount
(`)
1.0 Fixed Charges
MON 72.00
2.0 Running Charges per KM
run with AC ON
KM 288000.00
3.0 Running Charges per KM
run with AC OFF
KM 72000.00
4.0 Driver‟s Charges beyond 12
Hrs duty
HR 6336.00
5.0 Driver‟s halting charges per
night
DAY 864.00
NOTE:
1.0 Evaluation of the offer would be on the basis of overall ranking.
2.0 The Fixed Charge includes all applicable taxes and statutory levies. The Fixed
Charge also includes wages as per the Minimum Wage Act /uniform and all other liabilities
including statutory liabilities.
3.0 The payment of monthly wage to the driver(s) must be made through A/C payee
cheque by the Transport Service Provider. The Transport Service Provider must
also submit a certificate duly signed by both the Transport Service Provider and
driver(s) along with the monthly statement–cum-kilometerage bill of each
22
subsequent month in support of payment of wages to the driver(s) as per the
contract.
4.0 The rates must be inclusive of all types of State and Central Govt.
Taxes/Duties including Service Tax.
5.0 However, bidder should indicate the rate of Service Tax included in the quoted rate.
6.0 The rates should be all inclusive which inter-alia include expenses on drivers
(including dress and cap), maintenance, fuel, lubricants, tools, spares, duties, road
tax, service tax etc.
7.0 The Bid in which the rates for any part of the service/work are not quoted shall be rejected.
However, if no charge is involved for any of the service/item, „NIL‟ should be mentioned
against such part of service.
8.0 The quantities mentioned above table are for the evaluation purpose only and the
actual may be more or less depending upon the operational requirement.
9.0 Bidders should note that payment against the proposed contract under this tender will be made
by e-payment(s) mode only. Therefore, the bidders must furnish the followings along with their
bids:
a) Beneficiaries Name
b) Bank Account Title
c) Bank Account Number
d) Bank Name
e) Bank Branch
f) Bank Branch Code
g) IFSC Code
h) MICR Code
i) Bank Address
j) Copy of PAN Card
k) Cancelled Cheque
l) Copy of the latest Bank Statement
In case any bidder does not furnish any of the above information or furnish incomplete
information, payment may be delayed for which the company will not be liable.
23
SECTION – VI
FORM OF BID SECURITY (BANK GUARANTEE)
WHEREAS, (Name of Bidder)_______________________ (hereinafter called "the Bidder") has
submitted his bid dated (Date) __________ for the provision of transport services (hereinafter called
"the Bid").
WE KNOW ALL MEN by these presents that We (Name of Bank) _________________ of (Name of
Country) ____________________ having our registered office at ________ (hereinafter called "the
Bank") are bound unto Oil India Ltd (hereinafter called "Company" in the sum of
(________________________________) * for which payment well and truly to be made to Company,
the Bank binds itself, its successors and assignees by these presents. SEALED with the common seal
of the Bank this______________ day of ______________, 20…….
THE CONDITIONS of this obligation are:
(1) If the Bidder withdraws his Bid during the period of bid validity specified by the bidder
(2) If the Bidder, having been notified of the acceptance of his Bid by the Company during the period
of Bid validity:
(a) fails or refuses to execute the Form of Contract in accordance with the Instructions to
Bidders, on tender document;
or
(b) fails or refuses to furnish the Performance Security in accordance with the Instructions to
Bidders on tender documents.
We undertake to pay to the Company up to the above amount upon receipt of its first written
demand, (by way of letter/fax/e-mail) without the Company having to substantiate its demand,
provided that in its demand the Company will note that the amount claimed by it is due to it owing to
the occurrence of one or both of the two conditions specifying the occurred condition or conditions.
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This guarantee will remain in force up-to and including the date (date of expiry of bank guarantee
should be minimum 30 days beyond the validity of the bid) any demands in respect thereof should not
reach the bank not later than the above date.
----------------------------------------------------------------------------------------------------------------
* The bank should insert the amount of guarantee in words and figures
Date : Signature of issuing authority of Bank with
designation seal and seal of the bank.
(END OF SECTION-VI)
SECTION – VII
FORM OF PERFORMANCE BANK GUARANTEE (UNCONDITIONAL)
To : (Name of Company__________________________________________________)
(Address of Company________________________________________________)
WHEREAS (Name and address of Contractor)________________________________
(hereinafter called as "Contractor") had undertaken, in pursuance of Contract No. _______ dated
___________ to execute (Name of Contract and Brief description of the work)
__________________________________ (hereinafter called "the Contract"),
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee, NOW HEREFORE
we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a
total of (Amount of Guarantee) * _____________ (in
words)___________________________________________ such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon
your first written demand and without cavil or argument, any sum or sums within the limits of the
Guarantee sum as aforesaid without your needing to prove or to show grounds or reasons for your
demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Contractor before presenting
us with the demand.
We further agree that no change or addition to or other modifications of the terms of the contract or of
the work to be performed there-under or of any of the contract documents which may be made
between you and Contractor shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
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This guarantee is valid until the date (……..…. ) six months after Contract completion.
SIGNATURE & SEAL OF THE GUARANTOR
Name of Bank
Address
Date
______________________________________________________________________
* An amount is to be inserted by the Guarantor, representing the percentage of the Contract price
specified in the forwarding letter, and denominated either in the currency of the Contract or in a freely
convertible currency acceptable to the Company.
NOTE : Bidders are NOT required to complete this form while submitting the Bid.
(END OF SECTION-VII)
SECTION – VIII
BID REJECTION CRITERIA (BRC) / BID EVALUATION CRITERIA (BEC)
A) Bid Rejection Criteria (BRC)
The bids shall conform generally to the Scope of Work and Terms and Conditions
given in the bidding document. Bids will be rejected in case they do not conform
to the required parameters stipulated in the tender document. Notwithstanding the
general conformity of the bids to the stipulated specification, the following requirements will
have to be particularly met by the bidders without which the offers will be considered as non-
responsive and rejected.
1.0 TECHNICAL:
1.1 Model / Vintage of the Vehicle: The Bidder shall provide TATA make Brand New TATA
Indigo CS ELS CR4 with AC diesel vehicle registered as Taxi having valid license/Permits.
1.2 Ownership of the Vehicle: The Bidder shall provide good condition vehicle registered as
Taxi preferably in the name of the Firm or in the name of the owner of the firm for the vehicle
mentioned in the tender and should submit documentary evidence in support of and also
provide the same proof at any time in duration of the contract, if required.
1.3 The bidder must have a base office in Jodhpur.
1.4 The Bidder shall provide Brand New above mentioned vehicle registered as Taxi having
valid license/permits along with driver having valid driving license.
1.5 The bidder should have experience and expertise in successfully executing similar nature
of works during last 07 (Seven) years ending last day of the month previous to the one in
which bid are invited which should be either of the following and documentary evidences
to this regard must be submitted along with Bid:
i) Three similar completed works, each costing not less than ` 14.22 lakh
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OR,
ii) Two similar completed works, each costing not less than ` 17.78 lakh
OR,
iii) One similar completed work, costing not less than ` 28.45 Lakh
Note: Similar nature of works means providing transport service with passenger vehicles.
1.6 Minimum average annual turnover as per audited Annual reports of the bidder for the
last three completed financial years should be at least ` 10.67 lakh. Documentary
evidences to this regard must be submitted along with Bid.
2.0 COMMERCIAL – BID SUBMISSION
2.1 Bids are invited under Single Stage Composite Bid System i.e. Technical Bid
and Commercial Bid together. Bidders must submit the Composite Bid in electronic form through online OIL’s e-Tender portal accordingly within the Bid Closing Date and time stipulated in the e-tender. The Bid is to be
submitted as per Scope of Work and other Terms & Conditions of the tender.
2.2 Bidder shall offer firm prices. Price quoted by the successful bidder must remain
firm during the execution of the contract and not subject to variation on any account. Bids with adjustable price terms will be rejected.
2.3 Bid Security in Original shall be furnished as a part of the Technical Bid and must
reach office of Chief Manager (M&C), OIL at Jodhpur before opening of technical bids. A scanned copy of the bid security shall however be uploaded in OIL’s E-Procurement portal along with the Technical Bid. The amount of Bid Security shall be as specified in the Forwarding Letter of the Bid Document. Bid without proper & valid Bid Security will be rejected.
2.4 Bids received after bid closing date and time will be rejected. 2.5 Any bid received in the form of Telex/Cable/Fax/e-mail will not be accepted. 2.6 Bids shall be typed or written in indelible ink and shall be digitally signed by the
bidder or his authorized representative failing which the bid may be liable for rejection.
2.7 Any physical documents submitted by bidders shall contain no interlineations,
erasures or over writing except as necessary to correct errors made by bidders, in which case such corrections shall be initialed by the person(s) who has/have
digitally signing the bid. However, white fluid should not be used for making corrections.
2.8 Bidders shall bear, within the quoted rates, the personal tax as applicable in respect
of their personnel and Sub-Contractor’s personnel, arising out of execution of the contract.
2.9 Bidders shall bear, within the quoted rates, all duties and taxes including the
corporate tax, service tax and any other State, Central Govt. statutory levies as applicable on the income under the contract. The evaluation and comparison of bids shall be made accordingly. All applicable taxes, duties and levies on the materials to
27
be supplied or arising out of the profits on the contract shall be borne by the bidder as per rule of the Govt. of India.
2.10 Any bid containing false statement will be rejected. 2.11 Bidders must quote rates in accordance with the price schedule outlined in PRICE
BID FORMAT (PROFORMA-II), otherwise the Bid will be rejected. The Bids in which the rates for any part of the work are not quoted shall be rejected. However, if no charge is involved for any of the work/item, ‘NIL’ should be mentioned against such part of work.
2.12 Tender Document will not be issued physically by Company. Initial User ID and
Password will be communicated to the bidder (through e-mail). User ID and Password are not transferable. Offers made by bidders who have not been issued USER ID and Password by the Company will be rejected.
2.13 In a tender either the Indian agent on behalf of Principal/OEM or Principal /OEM itself can bid, but both cannot bid simultaneously for the same item/product
or services in the same tender. If agent submits bid on behalf of the Principal/OEM, the same agent shall not
submit a bid on behalf of another Principal/OEM in the same tender for the same item/product or service.
2.14 Bids with shorter validity will be rejected as being non-responsive. 2.15 Bidder must accept and comply with the following clauses as given in the Tender
Document in toto failing which offer will be rejected –
(a) Performance Guarantee Bond Clause (b) Force Majeure Clause (c) Tax Liabilities Clause (d) Arbitration Clause (e) Acceptance of Jurisdiction and Applicable Law (f) Liquidated damage cum penalty clause (g) Safety & Labour Law (h) Termination Clause
3.0 GENERAL 3.1 The Statement of Compliance (enclosed PROFORMA – I) should be digitally signed
and uploaded along with the bids. In case bidder takes exception to any clause of tender document not covered under BEC/BRC, then the Company has the discretion to load or reject the offer on account of such exception if the bidder does not withdraw/modify the deviation when/as advised by the Company. The loading so done by the Company will be final and binding on the bidders.
3.2 To ascertain the substantial responsiveness of the bid the Company reserves the right
to ask the bidder for clarification in respect of clauses covered under BEC/BRC also and such clarifications fulfilling the BEC/BRC clauses in toto must be received on or before the deadline given by the Company, failing which the offer will be summarily rejected.
3.3 Any exception or deviation to the tender requirements must be tabulated in
PROFORMA-I of this Section by the Bidder in their bids. Any additional information, terms or conditions included in the Commercial (Priced) Bid will not be considered by OIL for evaluation of the Tender.
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4.0 The Company reserves the right to cancel/withdraw the tender or annul the bidding
process at any time prior to award of contract, without thereby incurring any liability to the bidders or any obligation to inform the bidders of the grounds of Company’s action.
5.0 If any clauses in the BRC contradict clauses elsewhere in the Bid Document, then the
clauses in the BRC shall prevail. B). BID EVALUATION CRITERIA (BEC)
The bids conforming to the Scope of Work, Terms & Conditions stipulated in the bidding document and considered to be responsive after subjecting to Bid Rejection Criteria (BRC) will be considered for further evaluation as per the Bid Evaluation Criteria described hereunder:
1.0 Bids will be opened on schedule date & time of bid opening of the tender and the same will be evaluated taking into account the sum total cost of all components quoted by the bidders as per Price Bid Format (PROFORMA – II, Section-VIII) and the contract will be awarded to the lowest bidder.
2.0 If there is any discrepancy between the unit price and total price (obtained by
multiplying Unit Rate with Quantity), the unit price will prevail and total price shall be
corrected accordingly. Similarly, if there is any discrepancy between words and figure, the amount in words shall prevail and will be adopted for evaluation.
3.0 It is however, to be clearly understood that the assumptions made in respect of the quantity of
various items in the Price Bid Format (PROFORMA-II, Section-VIII) are only for the purpose
of Evaluation of the bids. The Contractor will be paid on the basis of actual quantum of jobs
carried out during job execution. However, execution of jobs in excess of the quantity
mentioned herein requires Company‟s prior approval.
(END OF SECTION –VIII)
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PROFORMA - I
(SECTION-VIII)
STATEMENT OF COMPLIANCE
(Only exceptions/deviations to be rendered)
SECTION NO.
(PAGE NO.)
CLAUSE NO.
SUB-CLAUSE NO.
COMPLIANCE/
NON COMPLIANCE
REMARKS
(Authorised Signatory)
Name of the bidder___________
NOTE : OIL INDIA LIMITED expects the bidders to fully accept the terms and conditions of the bid
document. However, should the bidders still envisage some exceptions/ deviations to the
terms and conditions of the bid document, the same should be highlighted as per format
provided above and to be submitted as part of their Technical Bid. If the proforma is left
blank, then it would be presumed that the bidder has not taken any exception/deviation to the
terms and conditions of the bid document.
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PRICE BID FORMAT
Proforma-II
Section-VIII
Bidder’s Name :
Tender No. :
Sl.
No.
Description of Service (for
Brand new TATA Indigo CS
ELS CR4 with AC diesel
vehicle)
Unit
Estimated
Quantity
Rate per
Unit
(`)
Total Amount
(`)
1.0 Fixed Charges
MON 72.00
2.0 Running Charges per KM
run with AC ON
KM 288000.00
3.0 Running Charges per KM
run with AC OFF
KM 72000.00
4.0 Driver‟s Charges beyond 12
Hrs duty
HR 6336.00
5.0 Driver‟s halting charges per
night
DAY 864.00
Note: Rate of Service Tax, if any, included in the quoted rate:___________
(Authorised Signatory)
Name of the bidder_________________
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