Buyer Added text based ATC clauses Name of work: Hiring of Road vehicle (NON-AC SUV FOUR WHEELER VEHICLE) for official use of RPF POST/TIRUPATI for a period of 3 Years (36 months). Mandatory Documents to be submitted by Tenderer al ong with the Bid are furnished below. Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought below. [A] Vehicle registration details document. (as mentioned in 1st point). Vehi cle should be registered in the name of Tenderer. If vehicle is not in the name of the tenderer, then the Tenderer can have Lease Agreement with the owner of the vehicle/cab aggregator on non-judicial stamp paper for the tenu re of the contract, which should be submitted along with the bid. [B] Document showing that the vehicle supplied is registered as a Com mercial vehicle (as mentioned in 3rd point). [C] GST Registration details: All Tenderers should enclose with the tender, ei ther the GST registration certificate (REG-06) or a self-declaration of lat est turnover attested by Chartered Accountant, failing which the tender s hall be considered in-valid. (as mentioned in 7 th point). [D] The bidder should submit an undertaking along with the bid that “he/s he is not under liquidation Court receivership Or similar proceedings a nd not bankrupt.” (as mentioned in 8th point). [E] The bidder should submit an undertaking along with the bid that, “The vehicle sup plied is having Valid Fitness certificate, commercial license with Permi t to cover all States in SCOR Railway jurisdiction, valid insurance and s hould meet requirements of pollution standard etc. as per provisions o f Motor Vehicle Act and fulfils any other statutory obligations as applic able including all safety approved accessories/ equipment fitted to the vehicle.” (as mentioned in 4th point). VEHICLE HIRING BID CONDITIONS 1 Vehicle should be registered in the name of Tenderer and should not sublet a ny part of the contract. However, the Tenderer can have Lease Agreement wi th the owner of the vehicle/cab aggregate or on non-judicial stamp pap er for the tenure of the contract, which should be submitted along wit h the bid. The Tenderer is required to submit the Vehicle registration details along with supporting documents of the vehicle fulfilling the category, specificat ions etc. It is mandatory for the tenderers to submit documents in fulfillment of conditions as per Point 1 & Point 2 ibid along with the tender”, failing to submit t he same along with the bid, the offer will be summarily rejected. 2 Payment of Earnest Money Deposit (EMD) and Performance Guarantee (PG) will be governed by GCC for Services, 2018.
- a)Bidders can submit the EMD with 2% of the estimated cost of services, in the forms of DD/FDR/ Banker Cheque in favour of SR.DIVISIONAL FINANCE MANAGER/GUNTAKAL p ayable at SR.DIVISIONAL FINANCE MANAGER/GUNTAKAL. Hardcopy to the Buyer to be s ubmitted within 5 days of Bid End date / Bid Opening date.
- b)Successful bidder has to deposit Performance guarantee/PBG to the tune of 10 % of the contractual value, which shall be returned to the contractor after successful compl etion of contract. This PG has to be submitted within 30 days from date of issue of con tract to the DSC/RPF/GTL. Successful Bidder can submit the Performance guarantee/PBG in the form of DD/Fixed Deposit Receipt (FDR). FDR/DD should be made out or pledged in the Favour of Sr.DFM/SCOR RLY/GTL on A/C (Name of the Agency). For release of Performance guarantee/PBG, the FDR/DD will be released in favour of bidder by the DSC/RPF/GTL. Under MSE category, only Service Providers for Services tendered are eligible for Exemption from EMD. Traders are excluded from the purview of this Policy The full details regarding EMD & PG are furnished in the Buyer added ATC document. 3 . It should be stipulated that the vehicle supplied should be registered as a Commercial vehicle. Bids of other than commercial vehicles should be summarily rejected. 4 The vehicle supplied should have “Valid Fitness certificate/commercial license” (Permit for Co mmercial Vehicle shall cover all States in S.C. Railway jurisdiction), valid insurance and should me et requirements of pollution standard etc. as per provisions of Motor Vehicle Act and fulfil any oth er statutory obligations as applicable including all safety approved accessories/ equipment fitted t o the vehicle. Driver should have passed a minimum of 10th standard and should possess a valid driving license, Aadhar Card on his name and employee identification card issued by the Contract or at all times. This should be ensured by the DSC/RPF/GTL during the course of contract. 5 The vehicle proposed to be offered on hire should be in good condition and not more than 4 year s old, on the date of opening of tender. 6 The vehicle should be mechanically sound and shall be well maintained with neat and clean inter iors/exteriors. The driver should display good behavior and be neatly dressed. Smoking and use of cell phone during driving by Driver is prohibited. It is desirable that driver should wear proper neat and clean formal uniform with shoes. 7 The contractor/agency participating in the tender should normally be GST compliant regarding re gistration, filing of returns etc., and shall be fully responsible for the compliance as per GST Act at all times. If the Contractor falls either “below the turnover threshold for GST” or is a “Composition Taxable Person” under the CGST Act, a self-declaration should be enclosed with his offer duly supp orted by a certificate of turnover from a Chartered Accountant or enclose Form „REG-06‟ showing as “Composition” under Type of Registration and no GST is applicable for contracts with such pers ons/firms. GST for vehicle rental/hire services falls under SAC code 9966, as per which, the present applicable rate is 5% (2.5% CGST+2.5% SGST) for Vehicle designed to carry only passengers wher e cost of fuel is included in the rate. However, if the vehicle is used for transport of men and mate rials, such as in case of HCV/LCV, the applicable GST would be 18% (9% CGST+ 9% SGST) at pres ent with eligibility for Railways to claim Input Tax Credit (ITC). Where the GST rate is 18%, the Con tractor should, along with the bills, be advised that it is mandatory to enclose invoices uploaded in to GSTR-1, failing which ITC cannot be claimed by Railways. All Tenderers should enclose with the tender, either the GST registration certificate (REG-06) or a self-declaration of latest turnover attes ted by Chartered Accountant, failing which the tender shall be considered in-valid. Any further cha nges in GST regulations, in future, shall be adopted accordingly. 8 The bidder should submit an undertaking along with the bid that he/she is not under liquidation Court receivership Or similar proceedings and not bankrupt. 9 Contractor shall be responsible for ensuring compliance with the provisions related to Labour La ws (Central/State) as applicable from time to time. The employees of the Contractor shall not be d eemed to be employees of the user department/Railway. Hence the compliance of the applicable Acts/Laws will be the sole responsibility of the Contractor. The contractor shall comply with all the l egal provisions pertaining to industrial labour and hours of employment regulations in force. The wages to be paid to necessarily be in accordance with the provisions of the MINIMUM WAGES ACT as amended from time to time. The risk to the life and limb of the staff shall be covered by the con tractor by way of an insurance policy. Shall be made by the contractor only. Further it is the respo nsibility of the contractor to ensure that the provisions of the Contract Labor (Regulation and aboli tion) Act/Rule are not violated. 10 All Hired vehicles should be equipped with prescribed emergency medical kit and a fire extingu isher as per statutory provisions. 11 The vehicle should be available on all days including holidays. 12 In the event of any breakdown, servicing and repairs of vehicles, the Contractor at his own cost shall m ake alternate arrangements by providing similar or higher class of commercial vehicle(s) for which contrac t is entered into. The substitute vehicle offered shall not be older than the vehicle under breakdown at any point of time during the currency of contract. Maintenance works on vehicle should be done during off-dut y hours by Contractor. 13 Contractor shall be fully responsible for any repair, accident, loss, damage to the vehicle and driver. If any fine or penalty is imposed by various authorities such as RTA, Traffic Police etc for any violation such a s speed, traffic rules violation etc, the same will have to be borne by the Contractor only. Contractor shall provide detailed contingency plan (in the event of mechanical breakdown etc.) for each vehicle supplied fo r each area of operation. 14 The contractor shall be responsible for providing the vehicles at any point of time in day or night, even at short notice during any urgency/emergency. Drivers should have live mobile phone connection so that t hey are contactable whenever required. No advance payment shall be made and all payments released on completion of stipulated service periodically/monthly as stipulated. 15 Bidders should be advised to enclose the list of ongoing vehicle hire contracts with Railways, Other Cen tral Government Departments, State Government and PSUs in the same city/location/agglomeration with d etails of Contract Period, rate per month, Vehicle Class , Model and brand, Fuel (Diesel/Petrol/ LPG/CNG/Ele ctric/Hybrid),procurement cost (ex-showroom price) etc. Submission of this statement, even if Nil,is manda tory enclosure to the tender failing which the offer will be summarily rejected. 16 Imposition of penalties is as per Para 8 of GeM SLA. 17 Payment of bill will be processed by DSC/RPF/GTL on submission of proper invoice along with log shee t and passed by Associate Accounts Officer. 18 In any month, run can be more or less than the scale of Number of KM/month but shall not exceed cum ulative KM. Payment will be made on monthly basis as per accepted monthly rate irrespective of actual K M run in that month. No further variation in KM is either allowed or to be paid. 19 PVC is not applicable to the tender. 20 A Log Book for each vehicle shall be maintained by the Contractor for the hired vehicles. The KM utilize d shall be entered in it on daily basis to ensure proper accountal and payment at the end of every month/s pecified period. It is the responsibility of the official using the vehicle to keep the log book up to date and t he vehicle is used for the official duties/works. Statement of entries as per Log Book should be enclosed wi th the bills submitted for payment by the service provider/contractor duly counter signed by the official to whom/under whose custody the vehicle is placed except that in case of vehicles hired for DRMs/PHODs/AG M/GM, this statement shall be countersigned by nominated officer in the secretariat. In case of pooled vehi cles, Secretary to PHOD or ADRM or nominated in charge Gazetted Officer will sign the Log Book/statemen t sent with bills thereof, as the case may be. 21 The vehicle contract can be short closed with three months notice, if the post of the officer is surrender ed or the officer opts for drawl of transport allowance or any other administrative reason (except unsatisfa ctory service, which will be as per Point 16 above). In this regard, the following conditions shall be include d in the tender: 22 The Railway has liberty to short close the contract with any or all of the service providers normally with three months notice without assigning any reason. However, in case service provider wants to short close his services, he will have to serve 4months advance written notice. 23 The contract for the vehicles hired can also be terminated with a short notice of 15 days on account of unsatisfactory services at the discretion of the official to whom/under whose custody the vehicle is placed. The unsatisfactory service shall mean and include the non-compliance of any of the obligations by the serv ice provider, as given in this agreement and/or under the penalty clauses of the agreement or repeated br each. 24 In case of any dispute of any kind, the Contractor/ Agency shall abide by the decision of the DSC/RPF/GTL 25 The Vehicle hired shall be for departmental use by DSC/RPF/GTL on Regular basis. The Vehicle will be u sed by RPF POST/TIRUPATI for official Purpose for a period of 36 months to ensure round the clo ck availability for official duties. 26 The vehicle should be available every day at nominated time and place as per the directions of RPF POST/TIRUPATI given from time to time. 27 Number of Kilometres hired is 2500 Kms per month per vehicle with a cumulative 90,000 Kms for 36 months per vehicle. 28 The Bill passing officer is DSC/RPF/GTL and the Bill Paying Officer is Sr.DFM/GTL. 29 The agencies shall borne toll charges, parking fee or entry fees etc. (if any) as applicable From time to time throughout the contract period. 30 All other terms & conditions of the contract, namely the performance of contract, penalty to be imposed , and termination process of contract due to unsatisfactory performance, etc, lies Only on DSC/RPF/GTL 31 The liability of the purchaser/buyer i.e. DSC/RPF/GTL, ceases after the finalization and issue of the cont ract. All the issues arising during the course of Contractual period shall be appropriately dealt by the DSC/RPF/GTL. 32 Variation up to 25% of the original contract value is permitted in exceptional cases with the approval of DRM with Associate Finance Concurrence. The variation shall be operated only after completion of original contract period.
- 33.As per GCC (General Conditions of Contract) Clause No. 4.11, the Performance Guarantee (PG) Should be 10% of Contract value. However, as per GeM, it is allowing only 3-5% of Contract value as PG. H ence for floating of Bid, 5% of PG has been considered. However, the successful tenderer is advised to pay the PG amount as per the latest guidelines of GCC of RB, after awarding the contract. .
