Page 1 of 40 ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL) TENDER DOCUMENT Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses interior for a period of 3 Years October, 2015 To be submitted to: MANAGING DIRECTOR ATAL INDORE CITY TRANSPORT SERVICES LIMITED Plot No. 30, Residency Area, A.B. Road, Opp. M.G.M. College, Indore - 452001 Ph.: +91-731-2499888, 2904488
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Page 1 of 40
ATAL INDORE CITY TRANSPORT SERVICES LIMITED, INDORE (AICTSL)
TENDER DOCUMENT
Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT
stations, ibus interior and city buses interior for a period of 3 Years
October, 2015
To be submitted to:
MANAGING DIRECTOR
ATAL INDORE CITY TRANSPORT SERVICES LIMITED
Plot No. 30, Residency Area, A.B. Road,
Opp. M.G.M. College, Indore - 452001
Ph.: +91-731-2499888, 2904488
Page 2 of 40
Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses
interior for a period of 3 Years
HAS BEEN ISSUED BY THE MANAGING DIRECTOR, ATAL INDORE CITY TRANSPORT SERVICES LTD, INDORE
TO________________________________________________________ ON DATE______________, ON RECEIPT
OF RS. 5,000/- (RS. FIVE THOUSAND ONLY) BY DEMAND DRAFT NO...........................DATED......................................
Cost of Document Rs. 5,000/- (Non refundable) Demand Draft should be drawn on any Scheduled commercial bank in favour of “Atal Indore City Transport Services Limited, Indore”. Do not tamper, alter or change the contents of the document. If at any time it is found that the document has been tampered, altered, modified or changed, necessary applicable action, including legal will be taken against the said party, besides forfeiture of all submissions to Atal Indore City Transport Services Limited, Indore.
INSTRUCTIONS TO BIDDERS
1. Bidders are to quote their rates as mentioned in Performa of financial bid Annexure 4.
2. Bidders are required to read carefully the contents of this document.
3. Bidders are to complete the tender form and provide all the other documents/information in sufficient detail. The completed tender application form and other documents must be prepared and submitted in original, and must be so marked.
4. All documents must be in English language and each page of the Tender Application Form must be duly completed. Each page of the tender document must be signed, numbered & stamped as a token of acceptance of the terms & conditions of the Contract. Any unsigned and unstamped document will not be considered.
5. Only the successful bidder will be informed of the result. The bidder hereby acknowledges and agrees that AICTSL will not be obliged to discuss any aspect of the tender process.
6. Bidders should note clearly the last date and time of submittal of the tender applications. No late or delayed applications will be accepted. Bidders are reminded that no supplementary material will be entertained by AICTSL. However AICTSL may, if necessary, at its sole discretion ask for any clarification regarding the submitted tender and/or other documents.
7. Bidders and/or successful bidder who are/is found to have made any misleading or false representations in the tender including any statements, attachments, document, Performa’s & annexure submitted as proof of the requirements, shall be disqualified.
8. The bidder shall Supply, Install and publish the advertisement on the LED screens at the ibus stops. All the cost shall be borne by the agency against the hardware, installation, operation, & maintenance of the LED screens.
8. The successful bidder shall have to ensure the following within 15 days of issue of letter of acceptance to avoid cancellation of acceptance.
I. Performance guarantees which is 5% of the total value of the contract of one year.
II. Advance payment of 40% of the Gross License Value of the year of the Successful bidder.
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DIRECTIONS TO THE BIDDERS REGARDING ADVERTISING MEDIA
1. The bidders shall quote the Gross License Value (GLV) ibus stop (defined in Section 1 clause 1.2 of
this document) that they would like to bid for, separately.
2. The successful bidder for each corridor section after the receipt of Letter of Acceptance from AICTSL
shall pay 40% of the GLV of the year quoted to AICTSL. This payment shall be mandatory.
Proportion of GLV to
be paid
Deadline for payment of GLV of one year
40% of the yearly
quoted amount
After issue of Letter of Acceptance from AICTSL, and strictly before
signing of the agreement
30% of the remaining
amount
Just after the 5 months of the first payment of the year
30% of the remaining After the 4 months of the second payment of the year.
3. The advertising structures / media shall be structurally sound and maintained in good and properly
secured condition.
4. The licensee shall be responsible for any injury or damage caused to or suffered by any person or
property arising out of or relating to the advertising structures and the consequential claim or
claims shall be borne by the licensee who will also indemnify and safeguard the AICTSL in respect of
any such claim or claims. The successful bidder shall submit Risk Insurance Policies (including third
party liability) safeguarding any kind of injury or damage arising out of the structures / media entire
contract period signing of the agreement.
5. The tenure of the contract shall be for next three years from date of Work order.
6. For the interior of the buses the payment to be made on a per bus basis to AICTSL by agency.
Annexure 1: COVERING LETTER ........................................................................................ 29
Annexure 2: POWER OF ATTORNEY BY THE BIDDER IN FAVOUR OF DESIGNATED PERSON (S)
IN CASE THE BIDDER IS NOT A SOLE PROPRIETOR ..................................................................... 31
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Annexure 3: FORMAT FOR PERFORMANCE GUARANTEE .................................................... 33
Annexure 4: FINANCIAL PROPOSAL FORMAT .................................................................... 37
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SECTION 1: PROJECT BACKGROUND
1.1 INTRODUCTION
Atal Indore City Transport Services Limited, Indore has decided to float a tender under the said policy for Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT
stations, ibus interior and city buses interior for a period of 3 Years
1.2.1 The licensee can install all the structures for advertisement mentioned under this tender document as detailed in clause 1.2 & 1.3 of Section 1 for a period of 3 (Three) years as per following detail.
a. Signing of Contract Agreement within 15 days from the date of u n c o n d i t i o n a l
a c c e p t a n c e o f Letter of Acceptance (LOA) issued by AICTSL.
b. Period of construction of advertisement structures will be three months from the date of signing of
agreement or three months & fifteen days from the date of u n c o n d i t i o n a l a c c e p t a n c e o f
Letter of Acceptance (LOA) issued by AICTSL whichever is lesser.
c. Period of contract will be Three years from the expiry of construction period as mentioned in Section-
1.2.1(b). Year-1 of the contract shall be up to 12 calendar months from the commencement of the period
of contract. Year-2 of the contract shall start on the day after the last day of Year-1, and Year-3 shall start
on the day after the last day of Year-2.
Duration:
License period shall be for Three years as per following detail.
a. Signing of Contract Agreement within 15 days from the date of u n c o n d i t i o n a l a c c e p t a n c e
o f Letter of Acceptance (LOA) issued by AICTSL.
b. Period of construction of advertisement structures will be three months from the date of signing of
agreement or t h r e e months fifteen days from the date of u n c o n d i t i o n a l a c c e p t a n c e o f
Letter of Acceptance (LOA) issued by AICTSL whichever is less.
c. Period of contract will be Three years from the expiry of construction period as mentioned in Section-
1.2.1(b).
1.2 DESCRIPTION OF SITES
1.3.1 The site locations are as follows:
The BRTS Pilot Corridor on AB Road from Niranjanpur Circle to Rajiv Gandhi Square of 11.5km has 20 median bus stations and two side station. The LED display screens have to be installed inside the ibus stations only. The LED display screens shall also be installed in the ibuses which are now 37 in numbers and limit to 60 ibus in future. Total number of city buses are 82 in numbers as of now and limit to another 25 buses in future. The LED screens to be installed in the spare bus as well since the bus could run in case of any maintenance. Also the price to be quoted for the entire fleet.
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The list of the stations is mentioned as below:
S.No Name of the
Station Number
of Screens Size Specifications
1 Niranjanpur ibus
stop 2
46 " Diagonal
As per annexure A
2 Scheme No. 78 ibus
stop 2
46 " Diagonal
As per annexure A
3 Shalimar Township
ibus stop 2
46 " Diagonal
As per annexure A
4 Satya sai Ibus bus
stop 2
46 " Diagonal
As per annexure A
5 Vijay Nagar ibus
stop 2
46 " Diagonal
As per annexure A
6 MR-9 ibus stop 2 46 "
Diagonal As per annexure A
7 Press complex ibus
stop 2
46 " Diagonal
As per annexure A
8 LIG ibus stop 2 46 "
Diagonal As per annexure A
9 Industry House
ibus stop 2
46 " Diagonal
As per annexure A
10
Palasia ibus stop (2 LED per stop and option is with the agency to install
the amber or multicolor LED)
4 4*3
Amber color LED display with multi
information mode.(Optional, if
agency can also install the color LED and
security should be of the agency)
11 Geeta Bhawan Ibus
stop 2
46 " Diagonal
As per annexure A
12 AICTSL ibus stop 2 46 "
Diagonal As per annexure A
13 Shivaji Vatika Ibus
stop 2
46 " Diagonal
As per annexure A
14 GPO ibus stop 2 46 "
Diagonal As per annexure A
15 Indira Pratima ibus
stop 2
46 " Diagonal
As per annexure A
16 Navlakha ibus stop 2 46 "
Diagonal As per annexure A
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17 Holkar college ibus
stop 2
46 " Diagonal
As per annexure A
18 Bhawarkuan ibus
stop 2
46 " Diagonal
As per annexure A
19 Vishnupuri ibus
stop 2
46 " Diagonal
As per annexure A
20 Mata Gujri ibus
stop 2
46 " Diagonal
As per annexure A
21 Rajeev Gandhi ibus
stop 2
46 " Diagonal
As per annexure A
1.3 DESCRIPTION AND QUANTITY OF ADVERTISEMENT MEDIA FOR
THE DIFFERENT LOCATIONS AND IBUS AND THE SCOPE OF THE
AGENCY
1. Agency has to install the smart LED screens in the ibus stops by own. This includes the wiring, cabling, separate MCB connection and other safety and backup equipment’s for the proper operation of the displays.
2. The agency needs to connect/ integrate the display with the tracking system of AICTSL ibus so that real time display could be shown on the screen.
3. The agency has to install the Passenger announcement system at the stations which shall be integrated with the PIS system for the public information.
4. Agency has to be installing a separate system/Computer at the control for the PAS and PIS system.
5. For buses the agency needs to install the smart LED screen of 26 " Diagonal at the back side of the driver seat.
6. The voice inside the buses for media is allowed inline integration with the GPS system. Agency on its cost needs to record the voice file as per the requirement of AICTSL on the ibus stations PAS system.
7. No. of 4 speakers on one ibus stop to installed which are to be under the Db limit.
8. Maintenance of the system to be done by the agency and agency has to be taking its own responsibility of any damage.
9. Agency shall install the necessary equipment for the real time information of Ibus at the ibus stops.
10. All the charges against the operation shall have to be borne by the agency.
11. LED screen shall be of the brand which is being used by any govt. department from last minimum 1 year satisfactorily.
12. AICTSL reserves the right to ask for the change in the LED screen if required.
13. In case of non operational buses above then 2 days the agency could submit the report in every 7 days and the same shall be verified by AICTSL officials. AICTSL decision shall be final in the case and as per the same the invoice shall be generated by AICTSL to the agency.
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Important Notes:-
1. The licensee shall construct structures for advertisement only on the earmarked sites by AICTSL.
Any violation shall result in immediate cancellation of the contract without any prior notice.
2. Concessionaire to incur all expenses: The Concessionaire shall incur all expenses related to
installation, erection, Civil Construction, Electrical Installation of the media and Structural design of
all media designed by qualified Structural Engineer to be approved by AICTSL.
3. Under No circumstances AICTSL shall bear any charges related to the installation and erection and
maintenance of the media. The Concessionaire shall have to get the structural plans approved by
the structural consultant/Engineer of good repute duly approved by AICTSL, at his own cost.
4. The bidder shall after a detailed site visit shall assess the structural stability/ capability of the
existing infrastructure to take the proposed advertising material loads to ensure safety and stability
of the spaces and the infrastructure provided to the bidder during the entire contract period.
5. AICTSL reserves the right of any other media / advertisement in the spaces identified in future.
6. 25% space shall be left overall for the AICTSL services branding and Real time display for the ibus
service at the stops.
7. The costing of the structure shall be borne by the bidder and liability of same lies with the bidder.
8. The site shall returned in as it is condition after three years and if any mishandling is done than the
agency is liable for the penalty as decided by the CEO, AICTSL. CEO, AICTSL reserves the right to
wave off or apply the penalty on the agency.
9. The insurance of the materials shall have to be made and borne by the agency/ contractor.
10. All the local taxes are to be borne by the agency. AICTSL shall not be liable for any taxes.
11. Any damage to the AICTSL structure has to be taken care by the agency and the agency shall repair at its own cost. AICTSL can impose the penalty of any delay in the repair of any damage done.
12. The electric connection and supply shall have to be arranged by the agency at his own cost. AICTSL shall assist the agency for the same.
13. All the rights are reserved with AICTSL for the allotment of the advertisement rights.
14. The agency has to follow the instructions from AICTSL time to time as communicated.
15. The data from the information system shall have to be integrated from the existing GPRS/ GPS system of AICTSL.
16. AICTSL shall depute a official for the assistance for the integration.
17. Agency has to clarify with the AICTSL officials about the week planning of schedules on the routes to ensure the coordination.
18. AICTSL will not be responsible of any theft, etc of the hard ware in the buses. The agency shall have to ensure the same.
19. With the increase in the fleet the installation of the LED screen shall be done. Rest agency has to
pay the rate quoted in the financial bid to AICTSL.
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SECTION 2: GENERAL TERMS AND CONDITIONS
2.1 QUALIFICATION CONDITIONS
The bidder can be a Proprietor, partnership firm, registered co-operative society, public or private limited
company incorporated under the provisions of Indian Companies Act, 1956. The bidder should be legally
competent to enter into contract as per prevailing laws.
The agency should have minimum of 2 projects of similar kind of work. ( Only after passing the technical
criteria the financial bid shall be opened). The agency needs to submit the proof of the experience.
The agency has to submit the ITR returns for last three financial years.
2.2 ASSIGN ABILITY AND ENCUMBRANCES
2.2.1 The successful bidder (Licensee) shall not assign any of its rights or interest in this License Agreement in favour of any company/person(s) at any time and for any reasons whatsoever.
2.2.2 Under no circumstance, the sites shall be mortgaged, charged or otherwise any lien (including negative lien), charge or encumbrance be created or agreed to be created in favor of any person, including Lenders I Financial Institution(s) / Banks etc.
2.3 STATUTORY CLEARANCES
2.3.1 The licensee shall comply with and abide by the judgments passed from time to time by the Hon’ble Supreme Court of India or the Hon’ble Madhya Pradesh High Court having hearing upon the subject of display of advertisement. Instructions issued by AICTSL for complying with such judgments have to be followed by the Licensee. If any location conflicts with any judgments or any provision of any law the licensee may seek an alternative location from AICTSL. In case of any dispute regarding charging of license fee for the affected period the decision taken by the Managing Director, Atal Indore City Transport Services Limited, Indore shall be final and binding on the Licensee. No claims or compensation or damages whatsoever will be entertained by AICTSL on this account.
2.3.2 The licensee will be fully responsible for the aesthetic maintenance of all the Structure for advertisement, installed by him. All Structure for advertisement to be put up shall have to comply with standard safety norms. No claims or compensation or damages whatsoever will be entertained by AICTSL on this account.
2.4 RIGHT TO REJECT TENDERS
2.4.1 AICTSL reserves the right to reject any / all tenders including the highest tender or withdraw the site of the tender at any stage without assigning any reasons. Nothing contained herein shall confer right upon a bidder or any obligation upon AICTSL.
2.4.2 No claims or compensation or damages whatsoever will be entertained by A ICTSL on this account.
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2.5 MISREPRESENTATION / FRAUD/ BREACH OF TERMS AND
CONDITIONS
If it is discovered at any point of time that the bidder has suppressed any fact or given a false statement or has done misrepresentation or fraud or has violated any of the terms of this bid, the bid will be cancelled by the AICTSL. In such an event, the bidder will not be entitled to any compensation whatsoever, or refund of any other amount paid by him.
2.6 EARNEST MONEY DEPOSIT AND INTEREST FREE PERFORMANCE
SECURITY
2.6.1 The Bidder shall submit an interest free Earnest Money Deposit (EMD) of Rs. 50,000.00 (Fifty
thousand only) for the ibus stations and Rs. 30,000 (Thirty thousand only) for ibus and Rs.
40,000 (fourty thousand) for city buses separately in the form of Demand Draft / Pay Order i n
favor of Atal Indore City Transport Services Limited, Indore, drawn on any scheduled
commercial bank acceptable to AICTSL and payable at Indore, along with the bid (Envelope-1).
2.6.2 Any offer, which is not accompanied by the requisite Earnest Money Deposit, shall be rejected
outright.
2.6.3 The EMD submitted by the successful Bidder may be adjusted against the performance security.
2.6.4 The EMD of the other bidders shall be returned in accordance with clause 3.12.1.
2.6.5 The EMD shall however be forfeited in the following cases:
a) If the bidder withdraws its proposal (offer) during the interval between the Proposal
Due Date and expiration of the Proposal Validity Period;
b) If the successful bidder fails to unconditionally accept the Letter of Acceptance in
writing, within the time specified in this document, or any extension thereof granted
by AICTSL;
c) If the successful bidder fails to sign the License agreement and/or make the performance
security within the time specified in this document, or any extension thereof granted by
Atal Indore City Transport Services Limited, Indore.
2.6.6 Interest Free Performance Security
The successful bidder shall have to deposit the Performance security @ 5% of the contract amount
( contract amount shall include the GLV of ibus stations (Yearly) and the yearly calculated amount
of the ibus) & (Yearly calculated amount of city bus interior) for the entire contract period of 3
years in the form of Bank guarantee as specified format as annexure 3 in favour of Atal Indore City
Transport Services Limited, Indore drawn on any scheduled commercial nationalized bank
acceptable to AICTSL .
2.6.7 The said Performance Guarantee has to be renewed by the successful bidder and shall be kept valid
till the 3 months after the License Period. The Performance Security would however be forfeited in
case of any Event of Default/ breach of agreement/tender conditions as described in the Draft License
Agreement or anywhere else.
2.6.8 The Bank Guarantee shall remain in full force and effect during the period that would be taken for
satisfactory performance and fulfillment in all respects of the contract i.e. till satisfactory
commissioning of the buses at consignee's On the performance and completion of the contract in all
Page 16 of 40
respects including warranty period, the Bank Guarantee will be returned to the contractor without any
interest and upon submission of no claim certificate.
2.6.9 As and when an amendment is issued to the contract, having an impact on amount and validity of
Performance security the contractor shall, within fifteen days of the receipt of such an amendment
furnish to the Purchaser an amendment to the Bank Guarantee rendering the same valid for the
contract as amended.
2.6.9 The Bank Guarantee and or any amendment thereto shall be executed on a stamp paper of
requisite money value in accordance with the laws applicable in India by the party competent to do
so.
2.6.10 Bank Guarantee shall be in force upto 3 months beyond the contract period.
2.7 PROPOSAL PREPARATION COST
The Bidder shall be responsible for all the costs associated with the preparation of its Proposal
and its participation in the bidding process, including all types of due diligence in the process.
A I C T S L will not in any way be responsible or liable for such costs, regardless of the conduct or
outcome of bidding.
2.8 VALIDITY OF OFFER
2.8.1 The Proposal shall remain valid for a period not less than One hundred and twenty ( 120) days
from the date of opening of financial bid (Offer Validity Period). AICTSL reserves the right to reject
any Proposal that does not meet this requirement. Validity of proposal shall be extended for a
specified additional period at the request of AICTSL.
2.8.2 A bidder agreeing to the request will not be allowed to modify the proposal, but would be
required to extend the validity of its EMD for the period of extension.
2.9 DISPUTES
2.9.1 All disputes between the successful bidder and AICTSL shall be settled as per the Dispute
Resolution procedure elaborated below. During the bidding process no dispute of any type
would be entertained. Where AICTSL asks for additional information from any bidder, the same
cannot be adduced as a reason for citing any dispute.
2.9.1.1 Conciliation
Any dispute or claim arising out of or relating to the License agreement or breach of any terms
or conditions of the License Agreement shall first be attempted to be settled by Conciliation as
per arbitration & conciliation Act 1996.
Except where otherwise provided for in the License Agreement, all questions and disputes arising
between the parties pertaining or relating to License Agreement directly or indirectly
connected with License Agreement shall in the first place be referred to a sole conciliator to be
appointed by Managing Director, Atal Indore City Transport Services Limited, Indore. There will
be no objections if the conciliator so appointed is an employee of AICTSL.
The conciliator shall make the settlement agreement after the parties reach agreement and
shall give an authenticated copy thereof to each of the parties.
The settlement agreement shall be final and binding on the parties. The settlement agreement
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shall have the same status and effect as an arbitration award.
The views expressed or the suggestions made or the admissions made by either party in the
course of conciliation proceedings shall not be introduced as evidence in any arbitration
proceedings.
Any dispute that cannot be settled t h r o u g h conciliation procedure shall be referred to
arbitration in accordance with the procedure given hereafter.
The parties agree to comply with the awards resulting from arbitration and waive their rights
to any form of appeal insofar as such waiver can validly be made.
2.9.2 Arbitration 2.9.2.1 Arbitration Procedure
If the efforts, to resolve all or any of the disputes through conciliation fail, then such a dispute shall be
referred within 30 days from conclusion of conciliation process to a Sole Arbitrator who would be
nominated by Managing Director, Atal Indore City Transport Services Limited, Indore. The arbitration
and conciliation act 1996 as amended from time to time will be applicable. The venue of such
arbitration shall be at Indore. The award of the sole Arbitrator shall be binding on all parties. The cost
of Arbitration shall be borne by the respective parties. There will be no objections if the sole arbitrator
nominated or appointed is an employee of AICTSL.
2.9.2.2 Place of Arbitration
The place of arbitration shall be Indore.
2.9.2.3 English Language
The request for arbitration, the answer to the request, the terms of reference, any written
submissions, any orders and awards shall be in English and, if oral hearings take place, English
shall be the language to be used in the hearings. The award shall be made in writing.
2.9.2.4 Enforcement of Award
The Parties agree that the decision or award, which shall be a speaking order, resulting from
arbitration shall be final and binding upon the Parties a n d shall be enforceable in accordance
with the Provision of the Arbitration and Conciliation Act 1996 subject to the rights of the
aggrieved parties to secure relief from any higher forum.
2.9.2.5 Performance during Arbitration
The Arbitration Proceedings shall be governed by Indian Arbitration and Conciliation Act 1996,
as amended from time to time including provisions in force at the time the reference is made.
Pending the submission of and/or decision on a Dispute and until the arbitral award is published,
the Parties shall continue to perform their respective obligations under this Agreement without
prejudice to a final adjustment in accordance with such award.
The courts at Indore shall have the sole exclusive jurisdiction to try all the cases arising out of
this agreement.
Notices
That any notice under the terms of this License shall be in writing by registered post or delivered
personally and signed by the party or his/its duly authorized representative giving such notice.
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All activities including day to day management, billing, termination etc. will be carried out from
the office of the Managing Director, Atal Indore City Transport Services Limited, Indore or by his
duly authorized representative. Notice shall be addressed as follows:
If to AICTSL at
Managing Director Atal Indore City Transport Services Limited, 30, Residency Area,A.B.Road, Opp. M.G.M. College, Indore 452001
If to the LICENSEE, at Address as given by licensee in tender document.
2.10 COMMUNICATION WITH AICTSL
2.10.1 Communication/correspondence to AICTSL will be done by a nodal member of licensee, throughout the
license period. Nodal member shall be duly authorized by the Licensee. CEO, AICTSL is the final authority
for any decision or approval.
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SECTION - 3: TENDERING SCHEDULE
3.1 PREPARATION AND SUBMISSION OF PROPOSAL
Bids should be submitted in the forms prescribed under this section and relevant annexure in
Section 4.
3.1.1 Completed proposals shall be accepted only upto 1500hrs on scheduled date in the office of Managing
Director, Atal Indore City Transport Services Limited, Indore who at his sole discretion, retains the right,
but is not obligated to extend the Proposal Due Date, by issuing an Addendum.
3.1.2 Bidders shall furnish the information strictly as per the formats given in Section 4 of this document and
without any ambiguity. AICTSL shall not be held responsible if the failure of any bidder to provide the
information in the prescribed formats results in lack of clarity in interpretation and consequent
disqualification (Financial Bid, Envelope-2).
3.1.3 All proposals/bids/offers shall be signed by the duly Authorized Signatory of the Bidder. Bidders shall
submit a supporting Power of Attorney authorizing the Signatory of the Proposal to commit the Bidder
and agreeing to ratify all acts, deeds and things lawfully done by the said attorney.
3.1.4 The proposal shall be initialed on each page by the Authorized Signatory in acceptance of all terms and
conditions of this tender. All the alterations, omissions, additions, or any other amendments made to
the Proposal shall also be initialed by him.
3.1.5 All witnesses and sureties shall be the persons of status and probity and their full names and addresses
shall be stated below their signature. All signatures in the Proposal documents shall be dated.
3.1.6 Bidders are required to submit only one set of the Proposal, including the Original TENDER DOCUMENT
issued to them signed on each page in acceptance of all terms and conditions of this tender. Any
individual, firm or company which submits or participates in more than one Proposal for the said project
shall be disqualified and shall also cause the disqualification of all the Consortia in which it is a Member.
All the bidders will be sent clarifications to queries, till the stipulated date. The queries received
after the prescribed date will not be entertained by AICTSL. All the bidders are requested to
monitor the AICTSL website for the same.
3.2 PAYMENTS TO AICTSL
3.2.1 The successful bidder for each corridor section after the receipt of Letter of Acceptance from AICTSL shall pay 40% of the GLV quoted to AICTSL for the ibus stations. This payment shall be mandatory.
Proportion of GLV to
be paid
Deadline for payment of GLV of one year
40% of the yearly
quoted amount
After issue of Letter of Acceptance from AICTSL, and strictly before
signing of the agreement
30% of the remaining
amount
Just after the 5 months of the first payment of the year
30% of the remaining
amount
After the 4 months of the second payment of the year.
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And the monthly quoted amount of the buses(as per the fleet size) on the 05th
of every month shall be
paid to AICTSL.
3.2.2 Any delay in payments in the preceding clauses shall entail payment of interest @18% per annum on the
amount outstanding, for the days of default. Delays beyond 30 days of the due dates for recurring
payment, milestones will be treated as Licensee Events of Default. In such an eventuality AICTSL retains
the right to forfeit Performance Security and claim damages from the licensee and even terminate the
agreement as mentioned in the Performance Security clause of the Draft License Agreement.
3.2.3 Every year there shall be increase in the license value by 12%. And the same shall be applicable by the
end of one year of contract and added to the license fees of next year.
3.2.4 The cycle shall be strictly followed by the agency for every year and upto 3 years.
3.3 LANGUAGE AND CURRENCY
3.3.1 The Proposal and all related correspondence and documents shall be written in English language.
3.3.2 The currency for the purpose of the Proposal shall be the Indian National Rupee (INR).
3.4 SEALING AND MARKING OF PROPOSALS
3.4.1 The Proposals shall be sealed, marked and submitted as explained below:
a) Envelope No.1 shall contain the Earnest Money Deposit and shall be marked as Earnest Money Deposit. If the RFP document used by the bidder is downloaded, the cost of the document (Rs.5, 000/-) shall also be paid by the bidder in the form of Demand Draft. This Demand Draft shall also be enclosed in Envelope No.1.
The bidder shall also provide following documents in along with Envelope No.1.
I. Letter of application. (Annexure 1)
II. Power of Attorney. (Annexure-2)
III. Original Tender Document duly signed (on each page) by an authorized representative as a token of acceptance of all terms and conditions
b) The Bidder shall seal the Financial Proposal (as per Section-4) in a separate Envelope No. 2 duly marked as FINANCIAL BID. Financial bid shall be in the format as given in the Annexure -4 of this tender document in section 4. The Outer envelope shall be addressed to:
Managing Director Atal Indore City Transport Services Limited, 30, Residency Area, A.B. Road, Opp. M.G.M. College, Indore 452001
3.4.2 If the envelopes are not sealed and marked as instructed above, AICTSL assumes no responsibility for the misplacement or premature opening of the Proposal submitted.
3.4.3 Any Proposal received by AICTSL after 15.00 hrs on the Due Date will be liable to rejection.
3.5 BIDDERS RESPONSIBILITY
3.5.1 It would be deemed that prior to the submission of Proposal, the Bidder has made a complete and careful examination of:
a. The requirements and other information set forth in this Tender document.
b. All the sites, existing facilities, encumbrances on every site and structures, access roads and
c. All other matters that might affect the Bidders performance under the terms of this TENDER DOCUMENT, including all business potential, risks, costs, liabilities and contingencies associated with the project and that proposals/ bids/offers have been signed by the bidder or the duly authorized signatory of the bidder.
3.5.2 AICTSL shall not be liable for any mistake or error or neglect by the Bidder in respect of the above. Proposals that are not substantively responsive to the requirements of this TENDER DOCUMENT will be rejected.
3.6 MODIFICATION OF THE PROPOSAL.
3.6.1 Proposal shall not be modified or withdrawn by the Bidder after the due date and time of submission of the Proposal.
3.7 OPENING OF BIDS
3.7.1 The Technical bids received shall be opened by a Committee constituted by the Managing Director, Atal Indore City Transport Services Limited, Indore in the presence of the bidders at 3:30 pm on scheduled submission date, unless intimated otherwise. The date for opening of financial bids shall be intimated in advance to the technically qualified bidders.
3.7.2 AICTSL reserves the right to reject any Proposal and forfeit the EMD, if
a) It is not signed, sealed and marked as stipulated in Clause 3.4.
b) The information and documents have not been submitted as requested and in the formats specified in the tender document.
c) There are inconsistencies b e t w e e n t h e Proposal a n d the supporting documents.
d) It does not mention the validity period as set out in Clause 2.8.
e) It provides the information with material deviations, which may affect the scope or performance of the Project.
f) There are conditions proposed with the Technical and/or Financial Proposals.
3.7.3 A material deviation or reservation is one:
a. which affects in any substantial way, the scope, quality, or performance of the Project, or
b. which limits in any substantial way, inconsistent with the TENDER DOCUMENT, AICTSLs rights or the Bidders obligations, or
c. This would affect unfairly the competitive position of other Bidders presenting substantially responsive bids.
No request for modification or withdrawal shall be entertained by AICTSL in respect of such Proposals.
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3.8 EVALUATION OF PROPOSAL
The evaluation will be done in 2 stages as explained below
3.8.1 In stage-I, the EMD and Cost of RFP document (if applicable) in Envelope 1 shall be first checked.
Proposals without the appropriate EMD, and Cost of RFP document (if applicable) will be rejected.
Thereafter, Envelope 2 containing the financial proposal submitted by the Bidders will be opened. All
bidders passing stage-I of evaluation shall be treated at par for evaluation of Financial Bids.
3.8.2 The financial bids in Envelope 2 of only those bidders who have passed in stage-I of the evaluation shall
be opened by AICTSL in presence of the nominees of the bidders. Bidders shall be ranked H1, H2, H3,
etc. in decreasing order of their financial offers. The selection will be on the basis of the highest Gross
License Value (H1) for the said work as per Clause 3.2. The Gross License Value for ibus stations & ibus
interior LED screen shall be tabulated individually, and bidders shall be ranked H1, H2, H3 etc. for each
of these locations. The financial shall be evaluated as an whole.
Note: Even if only a single bid is received, AICTSL retains the right to open his financial bids and
award the project.
3.8.3 AICTSL would have the right to review the Proposals and seek clarifications where necessary. The
response from the Bidder(s) shall only be in writing but no change in the substance of the Proposal
would be permitted. It is clarified that bidders are free to make suggestions but are not allowed to
submit any conditional bid as specified earlier.
3.8.4 Financial Proposals of Bidders who do not qualify the Stage-I of evaluation will not be opened.
3.8.5 AICTSL reserves the right to reject any tender if it is of the opinion that the bidder lacks the expertise,
experience and is not in possession of requisite infrastructure required for the purpose of the project.
The discretion of the competent authority of AICTSL in this respect shall be final and binding on all
bidders.
3.9 ACCEPTANCE OF THE OFFER
3.9.1 AICTSL shall issue Letter of Acceptance (LOA) to the successful H1 bidder.
3.9.2 The selected bidder is required to send their unconditional acceptance of LOA within seven (7) days from the date of issue of LOA.
3.9.3 AICTSL shall retain the right to withdraw the LOA in the event of the selected bidder’s failure to accept the LOA unconditionally within the limit specified in the above clause. In this event, AICTSL shall forfeit the EMD of the selected bidder. Conditional acceptance of LOA will also lead to forfeiture of EMD.
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3.10 EXECUTION OF LICENSE AGREEMENT
3.10.1 The successful bidder is required to sign the License Agreement within 15 days of conveying their unconditional acceptance of the LOA to AICTSL in writing. But prior to signing of the Agreement, the Bidder must satisfy the following conditions, AICTSL shall not execute the License Agreement until these conditions have been satisfied.
i. The Bidder has submitted the requisite Performance Security to AICTSL.
ii. The B i d d e r has submitted certified true copies of all resolutions adopted by its/their B o a r d of Directors authorizing it/them for execut ion , d e l i v e r y a n d performance of this Agreement to AICTSL before the signing of this License Agreement.
iii. The Bidder has paid 40% of the Gross License Value for the first year of contract period as quoted.
iv. The bidder has to deposit the one month advance of the premium quoted for the LED screen on buses.
3.10.2 Failure to meet these conditions will result in a breach and AICTSL shall be entitled to cancel the award without being liable in any manner whatsoever to the Bidder and to forfeit the EMD and any other amount deposited till that time as Damages.
3.10.3 The cost of stamp duty for execution of License Agreement, registration charges and any other related Legal Documentation charges and incidental charges will be borne by the successful bidder.
3.10.4 In case of failure to sign the License Agreement within the stipulated time, AICTSL shall retain the right to cancel the Award and forfeit the bidders EMD and any other amount deposited till that time without being liable in any manner whatsoever to the Bidder.
3.11 AMENDMENT OF TENDER DOCUMENT
3.11.1 At any time prior to the Last date for its submission, AICTSL may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the TENDER DOCUMENT through the issuance of Addenda. This will be sent in writing to all the Bidders and shall be binding upon them. These will be uploaded on AICTSL website. Bidders are required to AICTSL website frequently for updates and amendments.
3.11.2 In order to give the Bidders reasonable time in which to take an Addendum into account, or for any other reason, AICTSL may, at its discretion, extend the Proposal Due Date.
3.12 UNSUCCESSFUL BIDDERS
3.12.1 EMD received from all the short-listed unsuccessful bidders after the evaluation shall be returned within a period of 120 (One hundred and twenty) days from the date of opening of financial bid, and returned thereafter signing of agreement whichever is earlier, without payment of any interest
3.13 PENALTY
Licensee will be penalized up to Rs.10, 000/- per offence by AICTSL in addition to any other criminal liability under any law of Govt. of India or Govt. of Madhya Pradesh on the following offense:
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a. Late payment of AICTSL dues including interest accrued due to late payment. The licensee must deposit license fees of the quarter in advance by the due date. No excuse of non/late receipt of bill/invoice will be entertained as the payment schedule is clearly mentioned in the contract.
b. Not following the instructions of the A I C T S L regarding Advertisements even after 10 days from the date of issue of notice.
c. Any staff of licensee found in drunken condition/indulging in bad conduct.
d. Any staff of the licensee found creating nuisance on duty
e. Sticking of stickers or hanging of banners or any other form of presentation other than allowed.
f. Improper maintenance defacement of the advertisement, hanging of wires etc.
g. Dishonor of drafts and Cheques given by Licensee in favour of AICTSL.
h. Misbehavior with staff of AICTSL.
i. Not following safety and security norms as may be indicated by authorised representative of AICTSL.
j. Not following instructions issued by AICTSL from time to time and other violations of the contract agreement.
k. Using of additional area without prior approval of AICTSL.
l. No free passes shall be issued to the staff of licensee to travel in the BRTS and if found ticketless the same shall be penalized.
3.14 DEDUCTION OF DUES
AICTSL reserves the right for deduction of AICTSL dues from Licensee’s security amount on the following grounds:
a) Any amount imposed as a fine by AICTSL for irregularities Committed by the Licensee.
b) Any amount which AICTSL becomes liable to the Government /Third party on behalf of any default of the Licensee or any of his/her/their servant/agent/ employees or staff.
c) Any payment/fine made under the order/judgment of any court/consumer forum or law enforcing agency or any person working on his behalf.
d) Any other outstanding amount.
Once the amount under this c lause i s debited, the Licensee shall reimburse t h e security deposit to the extent the amount is debited within 15 days of such debit by AICTSL (Licensor) failing which it will be treated as breach of agreement and may lead to termination of agreement with forfeiture of all amounts including interest free security deposit in favour of AICTSL.
3.15 JOINT INSPECTION
Periodical joint inspections will be conducted by AICTSL with the Licensee and in case of any discrepancy or beaches of instructions issued by AICTSL, the AICTSL reserves the right to impose fine of Rs.2,000/- (Rupees Two thousand only) per irregularity.
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3.16 REPEATED VIOLATION TO RESULT IN CANCELATION
For repeated violation of instructions, breach of agreement, AICTSL has the right to cancel the agreement at the risk and cost of the Licensee, including forfeiture of interest free Security deposit.
3.17 POWER TO WAIVE FINES
The power to waive fines and penalty vests with Managing Director, Atal Indore City Transport Services Limited, Indore or his authorized representative.
3.18 LICENSE TO BE NON-TRANSFERABLE
The license for Advertising rights is not transferable.
3.19 COMPLIANCE OF STATUTORY /LABOUR LAWS/TAXES
3.19.1 The Licensee shall comply with all the provisions of Statutory laws, Labor Laws regulation in force including but not limited to the Contract Labor (Regulation &Abolition) Act, 1976, any subsequent amendment thereof and the rules made there under. Licensee will indemnify the AICTSL for any loss and damages suffered due to violation of its provision.
3.19.2 “Taxes and Duties” means all taxes (including road tax, property taxes ) duties, fees etc. payable
under the Applicable Laws in connection with the project.
For removal of doubts, it is hereby clarify that for the purpose of this clause “all dues regarding
taxes” includes all taxes levied or to be levied by the Central Government, State Government, Local
bodies any other Government agency or private individuals and such taxes will be payable by the
licensee. The list given in the clause is an illustrative list and not the exhaustive list which also
includes vat tax works contracts tax etc.
3.19.3 The Licensee shall bear the service tax as may be applicable from time to time.
3.19.4 The Indore municipal corporation advertising tax shall not be applicable on this tender.
3.20 ALL OTHER LAWS TO BE APPLICABLE
The Licensee shall comply with all applicable laws of land, including Pollution Control Board guidelines and AICTSL can’t be held liable for any change/modification in these laws which adversely affect this tender. No claim or compensation on this account will be entertained.
3.21 SELECTION OF ADVERTISEMENTS
The Licensee shall take into account the following aspects while selecting advertisements:
1. The advertisement is prohibited from carrying information or graphic or other items relating to alcohol and tobacco products. The licensee shall conform to all the provisions of COTPA Cigarettes and Other tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, as amended from time to time.
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2. The bidder should adhere to all applicable & relevant clauses from the Delhi Outdoor Advertisement Policy 2008 (Finalized as per the directions of the Hon’ble Supreme Court). You may please download the same document from the mentioned URL : http://www.cpcb.nic.in/upload/NewItems/NewItem_119_Delhi_outdoor_advt_policy2008.pdf
3. The advertisement is prohibited from carrying information or graphic to alcohol and tobacco products.
4 The advertisement will have no objectionable and indecent portrays of people, products or any items. The advertisements should not hurt the sentiments of any group or groups of the society.
4. Political advertisements are not allowed.
5. The use of AICTSL’s name, logo or title without the licensor’s prior permission is strictly prohibited. No co-branding with the Licensor is allowed, without prior permission.
3.22 INDEMNIFICATION OF AICTSL AGAINST LOSS/DAMAGES
Fixing arrangements should be such that these should not damage the structures. Any loss or damage caused due to this to any men’s property or life, the licensee will be solely responsible and liable to fine/penalty as per actual. The licensee must take third party insurance cover, the licensee agrees and undertakes to indemnify and hold the AICTSL(licensor) harmless against any and all liabilities, Losses, damage, claims, expenses suffered by the AICTSL (licensor) as a result of not taking such insurance cover by the licensee. The licensee shall also strictly abide by any safety guidelines as may be issued by AICTSL from time to time.
3.23 PRIOR APPROVAL OF AICTSL BEFORE FIXING
The fixing structures for advertisements and the advertisement thereon be placed should have the prior approval from AICTSL at all times before fixing /placing these at the approved sites by the licensee.
3.24 SOME RESERVED RIGHTS
a.) The bidders should understand, comprehend and also agree that AICTSL reserves the right to issue changes, modifications to the terms and conditions, revise the document altogether or even cancel or put on hold the tender process by open announcement before the date and time of submission of the tender. I/we agree voluntarily not to contest this issue or seek any claim or compensation on this account.
b.) Licensee shall comply with and abide by the judgments passed from time to time by Hon. Supreme Court/High Court or any other judicial/quasi judicial body of the country.
c.) The bidders shall not ask for any claim o r seek any compensation from AICTSL if any advertisement spaces are not permitted due to any restrictions imposed permanent/temporary by the court or civil authorities. In such cases licensee may seek for alternative bare spaces in confirmation with any restrictions imposed permanent/temporary by the court or civil authorities.
d.) Atal Indore City Transport Services Limited, Indore reserves the right to in identify new additional sites of any kind/nature in any manner to put advertisement on them in future for which separate tenders will be invited.
e.) Defaulters of payment in old agreement of outdoor media sites of Atal Indore City Transport Services Limited, Indore, will not be allowed to participate in this tender.
3.25 SURRENDER/TERMINATION OF LICENSE
If the licensee wants to surrender the contract he will be allowed to do so after giving 3 (three) months’ notice. AICTSL reserves the right to terminate the contract/license by giving one month’s notice for termination. In both the situations the performance security of the licensee will stand forfeited. The unused license fee for the rest of the year will also not be refunded. Part surrender or termination of license will not be accepted and termination will be considered for the full license. On termination by AICTSL or surrender by licensee, all the advertisement media and structure will automatically become the property of AICTSL.
3.26 SUBLETTING OF RIGHTS
At no time subletting of rights for advertisement to any other party / other advertising agencies /outdoor agencies or out of home advertising agencies would be permissible under this agreement.
3.27 PREVENTION OF DEFACEMENT
The Successful bidder of this tender will be responsible to stop any kind of defacement by way of illegal hoardings, banners/posters or by any other mean of illegal advertisement on Govt. buildings / Properties otherwise he shall be responsible to remove the same at his own cost.
3.28 FORCE MAJEURE
Neither AICTSL nor the LICENSEE shall be liable for any inability to fulfill their commitments and obligations hereunder occasioned in whole or in part by Force Majeure, Any of the following events resulting in material adverse effects hall constitute a Force Majeure Event
a. Earthquake, flood, inundation, landslide;
b. Storm, t e m p e s t , hurricane, cyclone, lightning, thunder or other extreme atmospheric disturbances;
c. Fire caused by reasons not attributable to the Licensee;
d. Acts of terrorism; and
e. War, hostilities (whether war be declared or not), invasion, act of foreign enemy, rebellion, riots, weapon conflict or military action or civil war;
f. Strikes or boycotts, other than those invo l v ing the Licensee, its contractors or their employees, agents, etc.; and
g. Any other similar things beyond the control of the Party except Court Order/Judgment.
Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, the other party may be entitled to, through not being obliged to terminate this agreement by giving a notice o f one
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week to the other party. Such Force Majeure occurrence shall be notified to the other party within 15 days of such occurrence. If such Force Majeure continues for a period of three months, either party may be entitled to, through not being obliged to terminate this agreement by giving written notice to such effect
3.29 ASSETS ARE OF THE AGENCY AFTER COMPLETION OF CONTRACT
At the expiry of tenure of 3 years all infrastructure / media developed as a part of this contract c o u l d b e t a k e n b y t h e a g e n c y . Till the period of the contract the agency has to keep the media with the good quality and good condition.
3.30 ASSETS TO BECOME PROPERTY OF AICTSL UPON PREMATURE
TERMINATION
All infrastructure / media developed as a part of this contract will become the property of A I C T S L . Licensee is required to hand over all such facilities to A I C T S L in good working condition. The licensee shall not tamper with the same or change their configuration. In case of failure AICTSL reserves the right to seek exemplary damages and indemnification.
If the LICENSEE fails to do so within a grace period of 30 days from the date of premature termination , because of any reason, of the License Agreement, the Licensee shall be deemed to be an unauthorized / illegal occupant of the said sites and will be liable to pay a penalty at a rate of thrice the prevailing license fee for the entire period of such occupation along with the applicable a n n u a l license fees. The security deposit of the licensee will stand forfeited in favor of AICTSL. Upon termination display of advertisement must be stopped immediately.
3.31 NOTICES
That any notice under the terms of this License shall be in writing by registered post or delivered personally and signed by the party or his/its duly authorized representative giving such notice. All activities including day to day management, billing, termination etc. will be carried out from the office of the AICTSL or by his duly authorized representative. Notice shall be addressed as follows:
If to AICTSL at
Managing Director Atal Indore City Transport Services Limited, 30, Residency Area,A.B.Road, Opp. M.G.M. College, Indore 452001
If to the LICENSEE, at Address as given by licensee in tender document.
Re: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses interior for a period
of 3 Years.
Dear Sir,
Attached to this letter is the authority regarding Power of Attorney appointing me/us as
designated person(s) to make these representation for and on behalf of the bidder in respect
of the proposal as per RFP bearing number_______ dated __________ 2014_____issued by
Sub: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses interior for a period
of 3 Years. Being duly authorized to represent and act on behalf ---------------- and having reviewed and fully understood all requirements of bid submission provided in the RFP document and subsequent
clarifications provided in relation to project, I/ we hereby provide our financial proposal.
I have read the entire RFP including all the general conditions, Advertisement Agreement for Request for Proposal for the Supply, Install, & maintain the LED display screens for
ibus BRT stations, ibus interior and city buses interior for a period of 3 Years in detail and on the basis of my full study of the above.
I hereby accept the 12% hike in every year in the GLV quoted below. I will pay the license fee
accordingly. The tenure of the contract shall begin from the 1st
Financial Proposal for: Request for Proposal for the Supply, Install, & maintain the LED display screens for ibus BRT stations, ibus interior and city buses
interior for a period of 3 Years Mentioned document/s and the conditions, I undertake to advertise on the A.B. Road BRTS Indore in
Indore City in accordance with the terms and conditions as provided in the above mentioned document/s
and undertake to pay AICTSL a Gross License Fee as mentioned below: The currency need to be strictly
in Indian Rupees. In case of any variation in rates between words and figures, highest value of them will
prevail.*Starting from handing over the bus/ buses to the bidder. All rights are reserved with the AICTSL.
S.No Current
Number of buses
Limit of bus number upto
Per bus premium (In. Rs.) Total (In Rs.) (B)
In figures In words In figures In words
1 38 60
2 72 107
Note: The above number of buses includes the spare bus also. In weekends and
weekdays the bus running are different and also depends on the demand.
Total price quoted for current system:
In figures:
In Words:
Name of Bidder: Signature of the Authorized Person Seal: Address and contact number:
S.No. Ibus stations Gross License Value for one year In Figures
Gross License Value for one year in Words (A)
1
22 stations( 20 median stations and 2 side stations)
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Note:
1. Tender will be evaluated as whole & not component wise. 2. In case of difference between words & figures, Higher figure will be considered. 3. All the govt. regulation for manpower needs to be furnished by the contractor. 4. AICTSL reserves the right of rejecting tenders at any phase of the tendering. 5. All kind of taxes liability shall be of the agency. 6. To be noted that there shall be a 12 % hike in the premium every year. 7. The payment shall be have to done on time by the agency and non – payment AICTSL has
the rights to forfeit the Bank Guarantee or impose penalty or both.