GAIL (INDIA) LTD., AVA ROAD, RAJAHMUNDRY – 533103 · 1 gail (india) ltd., ava road, rajahmundry – 533103 tender document for hiring of non ac ambassador cars, indicabs, mahindra

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GAIL (INDIA) LTD., AVA ROAD,

RAJAHMUNDRY – 533103

TENDER DOCUMENT

FOR

HIRING OF NON AC AMBASSADOR CARS, INDICABS, MAHINDRA MARSHALBOLERO JEEPS AND TATASUMO (VECTA)

AT K.G.BASIN

TENDER NO.GAIL/KGB/06/RJ -10575

TENDER SUBMISSION TIME AND DATE: BEFORE1400 HRS

ON 03.01.2007

TENDER OPENING TIME AND DATE1500 HRS ON 03.01.2007

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INDEX

SL.NO. DESCRIPTION PAGE No. 1. REQUEST FOR QUOTATION 4 2. BID FORWARDING LETTER 8 3. PROFORMA FOR PBG 10 4. PROFORMA FOR EMD BG 13 5. II – GENERAL DEFINATIONS 15 6. III – PERIOD OF CONTRACT 17 7. IV – SCOPE OF CONTRACT 17 8. V – OPERATIONAL REQUIREMENTS & GENERAL

CONDITIONS 18

9. QUALITY AND CONDITION OF VEHICLES 22 10. VI – VEHICLE DOCUMENT 23 11. VII – LABOUR REGULATIONS AND OTHER

ENACTMENTS 23

12. VIII – VEHICLE INSPECTION 24 13. IX – ADDITIONAL PLACEMENT OF VEHICLES 24 14. X – LOG BOOK MAINTENANCE 24 15. XI – ACCIDENTS/DAMAGES/CLAIMS LAIBILITY 25 16. XII – INSURANCE 26 17. XIII – RATE 26 18. XIV – ESCALATION/DE-ESCALATION 27 19. XV – BILLING AND PAYMENT 27 20. XVI – SECURITY DEPOSIT/BANK GUARANTEE 28 21. XVII – TERMINATION 29 22. XVIII – ARBITRATION 30 23. XIX – LIEN IN RESPECT OF CLAIMS IN OTHER

CONTRACTS 30

24. XX – SET OF CLAUSE 31 25. XXI – FORCE MEJURE 31 26. XXII – JURISDICTION 32 27. XXIII – INDEMNITY 32 28. XXIV – ASSIGNMENT 32 29. XXV – INDEPENDENT STATUS 32 30. XXVI – LIQUIDATE DAMAGES 33 31 XXVII – AGREEMENT 34 32. XXVIII – NOTICE 34 33 LOCATION WISE TENTATIVE REQUIREMENT 35 34 BID EVALUATION CRITERIA PART A 36 35 BID EVALUATION CRITERIA PART - B 37 36 BID EVALUATION CRITERIA PART - B 38 37 CHECKLIST FOR SUBMISSION OF DOCUMENTS 39 38 BRIEF DESCRIPTION OF REQUIREMENT OF

VEHICLES SCHEDULE OF RATES PART – A 40

39 BRIEF DESCRIPTION OF REQUIREMENT OF VEHICLES SCHEDULE OF RATES PART - B

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Ref: GAIL/KGB/06/RJ-10575/ Date: 21.12.06 TO, SUB: HIRING OF DIESEL DRIVEN NON A/C AMBASSADOR CARS/ INDICAB/

MAHENDRA ECONAMY/BOLERO JEEPS TATA SUMOS (MODEL NOT EARLIER THAN JAN’2006) ON 12 HRS/24 HRS. DUTY BASIS.

Dear Sirs, Sealed Bids under two-bid system are invited on behalf of M/s GAIL (India) Ltd., for hiring of vehicles as per schedule indicated in the tender documents. A set of tender document is enclosed for submitting your offer. 1. BRIEF SCOPE OF WORK: The hiring of vehicles shall be required on 12/24 hours duty for carrying Persons connected with GAIL’ s operations for use within East Godavari, West Godavari, Krishna Distt and Yanam, or any other place at the sole discretion of GAIL. 2. EARNEST MONEY DEPOSIT: EMD has to be submitted for an amount of Rs. 10000/- for each vehicle in the form of DD of any Nationalized bank/ Bank Guarantee as per format attached as per details given in the tender in favour of GAIL, payable at Rajahmundry. Bid shall be rejected if the EMD and proof of eligibility conditions are not enclosed. 3. PERIOD OF CONTRACT: The contract will be valid for a period of 2 years commencing from the date of placement of vehicles. INSTRUCTIONS TO BIDDERS AND DOCUMENTS TO BE ENCLOSED WITH BIDS FOR SUBMISSION OF TENDER: 1. Please read the complete papers of the tender documents before filling. Each

page of non-transferable tender document is to be signed by the bidder or his authorized representative. Corrections if any should be initiated.

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2. The Original tender set duly filled-in including schedule of rates etc., and complete in all respects should be submitted along with Earnest Money Deposit of Rs.10,000/- (Rupees Ten thousand only) per each vehicle in the form of Nationalized Bank’s demand draft drawn in favour of “GAIL (India) Ltd.” and payable at Rajahmundry otherwise by Bank Guarantee. No interest is payable on this deposit.

3. Tender set should be submitted in a sealed envelope clearly super scribed on

the Envelope - 1 “Tender for hiring of Vehicles – technical bids”, Envelope – 2 “ Tender for hiring of vehicles – Price bid”

4. The sealed envelope should be sent either by Registered Post or put in tender

box placed in the GAIL Office, Rajahmundry so as to reach us / put in tender box before 1400 hrs. On 03.01.2007.

5. Entries in Schedule of Rates A & B of tender document must be written clearly

and neatly cutting/over-writing, if any, must be duly authenticated or initialed. In quoting rates, tenderers are advised to take into account all fluctuations related to the work.

6. Incomplete, conditional tenders, tenders without required enclosures as well

as tenders received late are liable to be rejected summarily. 7. In their own interest, the bidder should acquaint him self with the type of work,

constraints in the area of operations, and any other local problems hindering the smooth conduct of operations/deployment of Vehicles.

8. GAIL reserves the right to match-down the rates of tenderers (with higher

rates offered) to level with the lowest rates admissible/acceptable to GAIL. 9. GAIL reserves the right to award the contract simultaneously to more than

one contractor and to allot any amount of work to any contractor at its discretion. The contractor shall have no right to claim equal share of work at par with other contractors or to alter the amount of work allotted to the contractor.

10. GAIL reserves the right to award the contract for any or all the job under this

contract to any other contractor at any time during the currency of this contract without assigning any reason. The contractor shall not be entitled to any compensation in such cases.

11. Only one tender document can be submitted by one

individual/agency/party/firm. In case 2nd/another tender is submitted in one name, both the tenders will be summarily rejected.

12. The rates and terms of the tender shall be kept open valid for a period of 120

days from the date of opening of quotations/tenders. It shall not be withdrawn before the expiry of the validity period or any extension agreed thereof, failing which the EMD will be forfeited.

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13. The tenderer who will be awarded the work/contract shall execute an agreement on non-judicial stamp paper of requisite value of his own cost, within 15 days of deployment of Vehicles in GAIL.

14. No request shall be entertained for the adjustment of the EMD from any other

pending bills/works whatsoever. 15. The contractor shall place the Vehicles for the service of GAIL within 15 days

from the date of placement of work order. GAIL reserves the right to cancel the work order if the Vehicles are not placed within the period of 15 days from the date of issue of work order. “In the eventuality of cancellation of work order, the Earnest Money Deposit shall stand forfeited”. For the purpose of contract period, date of first placement of Vehicles or 15 days from the date of placement of work order, whichever is earlier shall be taken.

16. The GAIL reserves the right to award the contract at its discretion to one or

more parties, to reject any or all the tenders received without assigning any reason.

17. GAIL reserves its right not to consider the offer of those tenderer(s) whose

“services in GAIL have been found unsatisfactory” in the past against any contract or who have been blacklisted by any Government/reputed organization.

18. GAIL shall be at liberty to seek/call any clarifications/documents from the

tenderer(s) in respect of his/her/their offer(s). Any such action of the GAIL shall not be deemed or construed as negotiations under any circumstances or commitments to the tender(s).

19. The following documents are required to be submitted along with tender duly

tagged in TWO SEPARATE ENVOLEPS. ENVELOP-I (TECHNICAL BID) 1. TECHNICAL BID shall be in one envelope containing all papers of tender

document. The following documents are required to be enclosed with Technical Bid.

a) Earnest Money Deposit in the form of Demand Draft/Bank Guarantee b) Proof of EPF Code No. in tenderer’s name. c) Copies of valid, up to date documents of light passenger vehicles owned

by the tenderer as per BEC. d) Documents like Agreements and experience certificates as per BEC. e) Proof of yearly turn over as specified in the BEC. f) All tender documents duly signed and stamped on each page. g) Details about the signatory of the tender papers must be given

clearly indicating the capacity/designation and the authority for signing including the power of attorney if any (to be enclosed).

h) Bid forwarding letter on tenderer’s letterhead as per format attached

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2. The Technical Bid Envelop duly sealed and super imposed as below:

a) Technical Bid for Hiring of Non – A/C Ambassador cars/Jeeps/Indicab/ Tatasumo.

b) Tender No. : GAIL/ KGB/06/RJ-10575 c) Closing date : 1400 hrs on 03.01.07 d) Technical bid Opening date : 1500 hrs on 03.01.2007.

ENVELOP-II (PRICE BID) If more than one schedule, separate sealed envelope should be submitted for each schedule

1) PRICE BID shall be in 2nd envelope containing the filled up schedule of rates

a) Schedule – A & B

2) The Price Bid envelope duly sealed and super imposed as below:

i) Price Bid for. Hiring of Non – A/C Ambassador cars/Jeeps/Indicab/ Tata Sumo. ii) Tender No. : GAIL/ KGB/06/RJ-10575 iii) Closing date : 03.01.2007 up to 14.00 hrs. iv) Schedule No :

5. LAST DATE & TIME FOR RECEIPT OF TECHNICAL AND PRICE BIDS:

a) Last Date and Time for: 03.01.2007 up to 1400 hrs. submission of Tender

6. OPENING OF BID:

a) Technical bid (Envelop-1) shall be opened at 15.00 Hrs. on 03.01.2007 at the Office of Manager (C&P), GAIL Bhawan, GAIL (India) Ltd., AVA ROAD, Rajahmundry in the presence of tenderers or their authorised representative who wish to present.

b) Only one authorized representative of each tenderer will be allowed to be

present at the time of opening of bid.

c) Price Bid (Envelop-2) of those tenderers, who qualify in technical bid, will be opened later.

GAIL reserves the right to accept/reject any or all bids, without assigning any reason.

Thanking you. Yours faithfully, FOR GAIL (INDIA) LTD.

MANAGER(C&P)

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FORMAT

BID FORWARDING LETTER

(To be signed and submitted by the tenderer with tender document on tenderer’s letter-head/pad). TO, The Manager (C&P) M/s.GAIL (India) Ltd., GAIL Bhawan, AVA Road, RAJAHMUNDRY – 533103. E.G.Dist. (A.P.) Sir, In response to your Tender No GAIL/KGB/RJ/06/10575/ Dtd. 21.12.2006 1. We are here by submitting our offer for

a) SCHEDULE No : A

S. No Location Vehicle details

b) SCHEDULE No :B,

S. No Location Vehicle details

2. I/We understand the terms and conditions embodied in the tender document

and we will abide by the same 3. I/We have inspected and physically seen the road conditions and hold

myself/ourselves wholly responsible to execute the work within the terms and conditions of this tender.

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4. I/We undertake to produce the original documents whenever demanded.

5. I/We also agree that in case of my/our failure to provide Vehicles within the

stipulated period my/our work order be cancelled and EMD forfeited.

6. I/We also agree to provide minimum no. of Vehicles as stipulated in the schedules, in my firm’s name out of work allotted to me/us as mentioned in the Schedules.

7. I/We have not been black listed by any Central/State Govt.

Department/undertakings or by any reputed/organization/business houses. 8. I/We further inform that if the work order is allotted to us/we shall deposit the

required security amount for vehicles deployed or furnish the Bank Guarantee for similar amount valid up to 3 months beyond the contract period/extended period of contract as well.

I/We hereby undertake that the statements made herein, and documents attached in the tender document are true to the best of my/our knowledge. In the event of the same being found to be incorrect the same be construed as misrepresentation entitling the GAIL not to award or to terminate my/our contract with Liquidated damages imposed and EMD/Security Deposit forfeited and our business black-listed etc.

Yours faithfully,

Signature: Date : Capacity:

Name & Address of Tenderer :

NOTE: This forwarding letter is to be submitted duly signed by the

tenderer on his letter head. List of enclosures: 1. 2. 3. 4. 5. 6. 7. 8. 9.

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PROFORMA FOR BANK GUARANTEE PERFORMANCE BOND (To be submitted after placement of LOI)

BANK GUARANTEE NO___________________B.G.AMOUNT RS.___________ Date of B.G._________________Due Date :_________________ To M/s. GAIL (India) Limited, 46-7-18, Jetty Avenue, Danavaipet, RAJAHMUNDRY – 533103 (A.P.) 1. In consideration of GAIL (India) Ltd., a company incorporated under the

Companies Act with the registered office at 16, Bhikaiji Cama Place, New Delhi and its Southern Regional Business Center at Rajahmundry, A.P., India hereinafter referred to ‘GAIL’ which expression where the contract so requires admits of be deemed to include its successors or assignees and having entered into a contract with effect from_______________ (hereinafter called the contract which expression shall include all the amendments thereto) with___________________________________________________________________________________________________________________having its Head / Registered Office at ________________________________________________________________________________________ (hereinafter referred to as the contractor which expression unless repugnant to the context or meaning thereof, shall include all its successors, administrators, executors and assignees) and the contract having been unequivocally accepted by the contractor resuming in a contract/from tenderer bearing No.__________________________________________________________________________________________effective from ______________valuedRs.___________(Rupees________________________________only). We the___________________________having its registered office at________________________(hereinafter referred as “the bank” which expression shall unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay immediately on first demand in writing in Rupees_________________only to GAIL any and all monies to the extent of Rs.________(Rupees_____________________only) in aggregate at any time without any demur, reservation recourse, context or protests and/or without any reference to the contractor. Any such demand made by GAIL on the Bank shall be conclusive and binding not withstanding any difference between

GAIL and contractor or any dispute pending before any court. Tribunal, Arbitrator or any other authority. We agree that Guarantee to be herein contained shall be irrevocable and shall continue to be enforceable till it is discharged by GAIL in writing.

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2. GAIL shall have the fullest liberty, without affecting in any way the liability of

the Bank under this Guarantee, from time to time, to extend the time for performance of the contract by the contractor or vary the terms of the contract, GAIL shall have the fullest liberty without affecting this Guarantee to postpone, from time to time, the exercise of power vested in them or any sought which they might have against the contractor and to exercise the same at any time any manner, and either to enforce, or to forebear to endorse, any convenient contained or implied in the contract between GAIL and the contractor or any other course or remedy or security available to GAIL. The Bank shall not be released of its obligations under these presents by any exercise by GAIL of its liberty with reference to matters aforesaid or any of them or by reason of any other act or fore-bearance of other act of GAIL or omission on the part of GAIL or any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

3. The Bank also agrees that GAIL at its option shall be entitled to enforce this

Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the contractor and not withstanding any security or other guarantee that GAIL may have in relation to the contractor’s liabilities.

4. The Bank further agrees that the Guarantee herein contained shall remain in

full force during the period that is taken for the performance of the contract i.e., completion of the entries service covered under a contract to the satisfaction of GAIL and it shall continue to been forceable till satisfactory performance of the service being a condition of contract and all the dues of GAIL under or by virtue of this contract have been fully paid and its claim satisfied or discharged or till GAIL discharging this guarantee in writing.

5. We further agree that as between us and GAIL for the purpose of this

Guarantee any notice given to us by GAIL that the money is payable by the contractor and any amount claimed in such notice by GAIL shall be conclusive and binding on us not withstanding any difference between GAIL and the contractor or any dispute pending before any court, tribunal, arbitrator or any other authority. We further agree that this Guarantee shall not be effected/discharges by any change in our constitution in the constitution of GAIL or that of the contractor. We also undertake not to revolve this Guarantee during its currency. This Guarantee shall not be determined discharged or affected by the liquidation, winding up, dissolution or insolvency of the contractor and shall remain valid binding and operative against the Bank.

6. Notwithstanding anything obtained herein above our liability under this

Guarantee is limited to Rs._______________ (Rupees_______________________________only) in aggregate and it shall remain in full force upto and including 180 days after__________________unless extended further, from time to time, for such period as may be instructed in writing by____________________________ on whose behalf this Guarantee has been given, in which case it shall remain

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in full force upto and including 180 days after expiry of the extended period. Any claim under this Guarantee must be received by us before the expiry of 180 days from__________________ or before the expiry ofthe180 days after the expiry of extended period if any, if no such claim ahs been received us within the 180 days after the said date/extended date, the right of GAIL under this Guarantee will cease. However, if such claim has been received by us within and upto 180 days after the said date/extended date all the rights of GAIL under this Guarantee shall be valid and shall not cease until we have satisfied that claim. Witness No.1 SIGNATURE Signature Full Name & Address In Capital Letters Witness No.2

Signature _______________ Attorney as per power of Attorney No.__________ _______________

Full name & Address Date________________ in capital letters

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PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOST

(To be stamped in accordance with the Stamp Act) Ref…………………………….. Bank Guarantee No……………………. Date : _________________ TO GAIL (INDIA) LIMITED, GAIL Bhawan, AVA Road, RAJAHMUNDRY—533 103. Dear Sir(s), In accordance with Letter Inviting Tender under your reference No.__________________________ M/s.______________________________ having their Registered Head Office at _______________________________ (hereinafter called the Tenderer) wish to participate in the said tender for As an irrevocable Bank Guarantee against Earnest Money Deposit for an amount of ___________________ is required to be submitted by the Tenderer as a condition precedent for participation in the said Tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document. We, the _______________________________ Bank at ___________________ having our Head Office _______________________________________(Local Address) guarantee and undertake to pay immediately on demand by Gas Authority of India Ltd., the amount ____________________________ without any reservation, protest, demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer. This guarantee shall be irrevocable and shall remain valid upto ___________________________ (this date should be 180 days, (One Hundred & Eighty Days) after the date finally set out for closing of tender). If any further extension of this guarantee is required. The same shall be extended to such required period on receiving instructions from M/s.____________________ on whose behalf this guarantee is issued. In witness where of the Bank, though its authorized officer, has set its hand and stamp on this ______________________ day of ______________ 19_____ at __________________. WITNESS : (SIGNATURE) (NAME) (SIGNATURE) (NAME) (OFFICAL ADDRESS) Designation with Bank Stamp Attorney as per Power of Attorney No.______ Date : ______________

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TENDER CONDITIONS FOR HIRING OF VEHICLES ON 12/24 hrs. DUTY ON CONTRACT BASIS

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I. OBJECTIVE OF THE CONTRACT:

Objective of the contract is to engage contractor(s) for providing Vehicles to be used within East Godavari, West Godavari, Yanam and Krishna Distt., or any other place at the sole discretion of GAIL for construction, operation and maintenance of pipeline activities etc.

II. GENERAL DEFINITIONS: 1. “GAIL” means GAIL (India) Ltd, K.G. Basin, Rajahmundry represented by

Dy. General Manager. 2. “Car” means contract carriage of a light passenger motor vehicle having

especially designed for rough and rugged cross country use fitted with all necessary fittings and accessories, along with valid registration permit and insurance document and driver. The Vehicle must be diesel driven non-A/c Ambassador car/Tata Indicab. The model of Vehicles must be not earlier than 2006.

3. “Jeep” means hard top contract carriage of light passenger motor vehicle

having especially designed for rough and rugged cross country use fitted with all necessary fittings and accessories, along with valid registration permit and insurance document and driver. The Vehicle must be diesel driven hard top Mahindra Marshal/Bolero Jeep. The model of Vehicles must be not earlier than 2006

4. “Tata Sumo Vecta” means hard top contract carriage of light passenger

motor vehicle having especially designed for rough and rugged cross country use fitted with all necessary fittings and accessories, along with valid registration permit and insurance document and driver. The model of Vehicles must be not earlier than January’2006

5. “CONTRACTOR” means any individual firm or company to whom the contract

is awarded for deployment of contract carriage vehicles on hire to GAIL. 6. “SCHEDULE OF RATES” means the Schedule – A and B attached to this

contract. 7. “DRIVER” means person in the pay roll of the contractor provided on the hired

car and is in possession of valid professional driving license not less than three years old issued and duly authorized to drive public services vehicles by the Regional Transport Authority.

8. “UNAUTHORIZED PASSENGER” means any passengers traveling in the

Vehicles without due authority of GAIL or not having identity card as proof being GAIL Employee.

9. “MONTH” means a complete calendar month of the year.

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10. “DAY” means day starting from 0000 hrs to 2400 hrs. 11. “HOUR” means an hour of sixty minutes. For the purpose of hire charges and

liquidated damage charges, fraction of an hour up to 30 minutes will not be taken into account and more than 30 minutes will be treated as full one hour.

12. “AREA OF OPERATION OF CAR” means the area/place connected with

activities of GAIL (India) Ltd, Rajahmundry within East Godavari, West Godavari, Krishna Distt and Yanam or any other place at the sole discretion of GAIL.

13. “DISTANCE” means the distance by the shortest approachable route unless

otherwise specified. 14. “CHARGES” means the charges (normal duty hours) of Vehicles per month

with prescribed kilometers. 15. “PRO-RATA HOUR RATE” means a rate arrived at by the following formula:

i) For 12 hrs duty Cars/Jeeps = Monthly charges 30 X 12 hrs.

ii) For 24 hrs duty Cars = Monthly charges 30 X 24 hrs. 16. i) “Normal duty hours of vehicle” means 12 hrs. duty including half an hour

lunch/break on any day which shall be the time to be given by the authorized officer. ii) For round the clock duty vehicle 16 (i) shall not apply

17. i) “OVERTIME,” means use or detention of Vehicles on any day beyond

normal duty of 12 hours of Vehicles till its release from duty either at its designated reporting place or at any place/in any area beyond designated reporting place.

ii) For round the clock duty vehicle, 16(i) will not apply.

18. “Reporting Place of Vehicles” means GAIL Control Room/any operational site where a Vehicle shall normally report for duty. Reporting place of Vehicles shall be designated at the time of placement of work order and may be changed at any time during the currency of contract, if such requirement arises.

19. “NIGHT HALT” means overnight stay of Vehicles at any place/ in any area

beyond its designated reporting place in the interest of GAIL. Night halt/outstation allowance will not be applied if vehicle is performing continuous duty to meet emergency work of GAIL.

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20. “SUITABLE SUBSTITUTE” means Vehicle of model not less than 2006. In case, the contractor fails to arrange the same, he can temporarily provide a taxi in good working condition as a substitute, subject to acceptance of user/officer of Transport section of GAIL.

21. “THE CONTRACT” means the formal contract executed between GAIL and

the contractor as a result of Tender No.GAIL/KGB/06/RJ-10575. The specifications instructions issued from time to time of OIC, Rajahmundry or by his representative an all documents taken together shall be deemed to form contract and shall be complimentary to one another.

22. “CAPACITY” means the number of passengers the Vehicles can carry in

addition to the driver. III. PERIOD OF CONTRACT: 1. The contract will be valid for a period of 02 Years, commencing from the date

of placement of vehicle or 15 days from the date of work order which ever is earlier.

2. The contract normally stands terminated after the expiry of the period of the

contract. However, GAIL reserves its right to terminate the contract at anytime by giving 30 days notice in writing without assigning any reasons thereof. The contractor shall have no right to claim any compensation thereof.

IV. SCOPE OF CONTRACT: 1. Award of contract to successful contractor will not entitle him/them exclusive

right to deploy the Vehicles on hire for all requirements. 2. GAIL shall have a right to award the whole/part of the contract for hiring of

Vehicles at anytime to any other contractors agency, company or individual simultaneously.

3. The Vehicles shall be used for and within the area of operation and within

whole of Andhra Pradesh if required. Vehicle can be stationed at any GAIL sites/installations/offices. Whenever change of place is there it will be intimated to the contractor.

4. The 12 hrs. duty Vehicles shall be required for the GAIL service for 12 hrs

(herein after called “DAY DUTY”). In case of need/emergency it can be used/ called beyond day duty hours.

5. GAIL reserves its right to change the number (increase/decrease) of Vehicles

to be hired during period of contract. In case of decrease in number of vehicles a notice of 7 days shall be given for de-hiring. In case of increase of number of Vehicles, the contractor has to supply the vehicle within a period specified in Clause IX-1.

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6. i) The normal reporting of Vehicles will be from 0800 hrs. or as directed by Officer/user/Control Room.

ii) For round the clock duty, 6(i) will not apply.

7. The Vehicles are required for all days in a month. 8. The Vehicles shall be required to stay beyond duty place in a month during

operational exigencies. V OPERATIONAL REQUIREMENTS & GENERAL CONDITIONS: 1. The tenderer shall be required to deploy contract carriage vehicles to be used

within areas of East Godavari, West Godavari Yanam Krishna Distt and Yanam or any other place in A.P. Vehicles are generally required to work in any installation/work site in K.G basin depending upon requirement at the sole discretion of GAIL depending upon requirement. Whenever change of place is there, it will be intimated to the contractor.

2. Successful bidder should have registration of 50% of vehicles

deployed in his name. Sub-contracting, if any should be allowed only with the approval of GAIL.

3. For the purpose of 12 hrs. duty, timings will be fixed by GAIL for vehicles as

per the requirement every day. 4. Vehicles should report for duty with sufficient fuel for 400 kms. In case

sufficient fuel is not available in the Vehicle, the kms. Run & time consumed by the Vehicles for refueling will be on contractor’s account.

5. The Vehicles are required to go to GAIL sites/outstations without notice and

may be required to stay overnight also at site/outstations. 6. GAIL does not bind itself to provide any parking place and GAIL shall not be

responsible for safety or security in relation to the contractor’s vehicles/Staff/ equipment or any other properties.

7. The contractor shall be required to deploy the Vehicles confirming to the

specifications with all-requisite tools, new tyre’ s and accessories including spare wheels and the other equipment as per the M. V. Act / rules in force. The Vehicles will be used for carrying men/persons within A. P. for which the necessary permits have to be obtained by the contractor. The vehicle upholstery, and the state of cleanliness shall be in presentable and of good quality. If found otherwise while in GAIL duty, such Vehicles may not be taken on duty and will attract liquidated damages as per clause XXVI.

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8. The contractor shall maintain the Vehicles in absolute good working condition. If any Vehicle develops defects while on duty the contractor shall immediately replace it by a suitable substitute within a period of two hours or arrange satisfactory repairs. In case of failure of the contractor to repair the Vehicles or to provide the substitute vehicle, payment for the day(s) will be regulated as per the liquidated damages clause and also the contractor shall have to bear the difference of the cost incurred in the alternative arrangement made by GAIL if any, whichever is higher. The decision of GAIL shall be final and binding on the contractor. GAIL need not show the proof of having incurred additional expenditure.

9. The contractor shall ensure that the driver(s) provided on vehicles is/are well

dressed, smart in turnout and is/are disciplined, courteous and behave properly with the GAIL’s personnel. The contractor shall withdraw such driver from the GAIL’s duty, who do not behave in a proper/disciplined manner or who resumes work under the influence of liquor etc. GAIL’s decision in this regard shall be final and binding on the contractor. In case of failure of the contractor to withdraw such driver(s) from GAIL’s duty on complaint, the Vehicles shall not be accepted for duty and shall attract L.D. as per the L.D. Clause No. XXVI of tender.

10. The contractor will be required to supply vehicles initially only confirming to

the specifications of the tender as and when ordered to do so by GAIL. During the continuation of the contract in exceptional circumstances GAIL may however, accept a case other than those as specified in the tender however immediately after award of contract GAIL can allow for a period of maximum of 30 days and deduct at a flat rate of Rs.150/- per occasion or day for Aambassador/Indica cab and Rs. 200.00 per occasion or day for tata Sumo/Marshall/Bolero either case may be from the contractor’s bills for the said vehicle/period in case the vehicle provided by contractor does not meet the specification e.g. Other than Model specified, if the vehicle deployed is not covered under owning of 50% vehicles deployed, Condition of tyres are not good and other specification, indecent behavior of driver/conductor or for any other reason employees are required to suffer, then penalty be imposed as above. The vehicles once deployed shall not be changed in normal circumstances except for maintenance etc.

11. In case any Vehicles is withdrawn from duty by the contractor or if he fails to

provide a substitute or provide a Vehicle which is not in acceptable condition, no payment shall be made to the contractor for that day against the Vehicle and L.D. as per the clause No.XXVI shall be imposed which shall be recovered from the bill(s) of the contractor without any notice.

12. The Vehicles on duty are subject to surprise checks by the Officer of the GAIL

for carrying any unauthorized passenger or any conduct prejudicial to the interest or image of the GAIL. This inspection will also be applicable to any breakdown/maintenance/substitute provided by the contractor. In case of any default being deducted action shall be taken as per the provisions of contract including de-hiring.

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13. The contractor is to provide Vehicles for the duty with tank full with fuel and sufficient money as per the notified requirement for long distances/outstation duties. In case sufficient fuel is not available in the Vehicles tank, the kms. Run and the time consumed by Car for refueling shall be on the contractor’s account and absence shall attract L.D. as per L.D. clause XXVI.

14. The first placement of Vehicles for duty place shall be notified at the time of

placement of work order under this contract. In case of any change of duty place at any time the same shall be intimated in writing or by recording in the logbook in advance if required.

15. The contractor shall display a mark “ON GAIL DUTY” on vehicle at his cost for

making the vehicle conspicuously distinguishable from a distance. 16. (a) Before and after the duty hours of GAIL and on holidays, the vehicles

deployed for Gail’s Duty should not be used for other than GAIL’s Duty. Violation of this condition shall attract a penalty of Rs. 500/- per occasion.

(b) The driver/contractor shall not carry any unauthorized passenger in the Vehicles. In case the same is detected no payment of standing charges shall be admissible besides imposing L.D. as per L. D. Clause.

17. The contractor directly and through his employees shall perform all works

herein contemplated under this contract. In the performance of the work, contractor is independent with the authority to contract and direct the performance of the work, as GAIL being interested only in the results. However, the work contemplated herein shall meet the approval of the GAIL and be subjected to the general rights or direction and inspection with reference to the results to be obtained and to secure the satisfactory performance thereof. Neither contractor’s employees nor employees of its sub-contractors shall be considered employees of the GAIL.

18. The contractor shall ensure that the speedometer and other

instruments/meters for driving and operating Vehicles safety devices etc., are in first class working conditions and in case of any defect developing or defects pointed out by GAIL authority/user, the contractor shall make all the necessary repairs and replacements promptly at his (contractor’s) cost. The Vehicles having defective speedometers, if not deployed for GAIL duty then the Vehicles shall remain idle at the risk and cost of the contractor and is liable to attract the L.D. as per L.D. Clause (s). In case the same is put to use for unavoidable circumstances then L.D. shall not be imposed/levied.

19. The contractor must keep “Standby” arrangements to keep his vehicle(s) in

operational fitness and attend to any breakdown services en-route. If the contractor fails to discharge the duties satisfactorily under the contract. GAIL reserves the right to cancel/terminate the contract at any time by giving appropriate notice as per terms and conditions of contract.

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20. The contractor shall ensure the security arrangement/parking places for their vehicles hired on GAIL duty. For such security or parking place, GAIL does not take any responsibility whatsoever.

Parking fee: if the vehicle is on GAIL duty, the parking charges over

and above of Rs. 100/- per month / Vehicle will be reimbursed on production of duly certified receipts.

Toll Gate Fee: Toll gate fee paid by contractor will be reimbursed on

production of duly concerned officer certified receipts. 21. All vehicles reporting should be under the control of contractor after duty

hours and he shall be responsible to provide the vehicle when called for after duty hours.

22. The contractor shall have an office with telephone facility and one supervisor

to coordinate the movement of Vehicles at each place. The supervisor or the responsible representative of the contractor shall have to make visit to GAIL Office at Rajahmundry or any other GAIL office as specified time to time, as and when required to coordinate the work.

23. The contractor should intimate his permanent address for correspondence /

communication in writing along with his offer for correspondence in regard of this contract. Any change in permanent address shall be intimated at least 15 days before such change.

24. The Vehicles once placed and accepted for service shall not normally be

changed during currency of contract. However, if such changes are necessitated owing to reasons such as major breakdown, accidents and unforeseen circumstances etc., the acceptance of replacement Vehicles is subject to inspection and acceptance of Vehicles by authorized Officer of GAIL.

25. Drivers of the Vehicles normally should not be changed during currency of

contract. All the drivers are required to obtain non-employee duty passes from GAIL. Drivers not holding non-employee duty passes may not be accepted for duty. On 24 hrs. duty at least two drivers shall be deployed on duty and violation of the same by continuing with one driver shall attract L.D. as per L.D. Clause XXVI – 5.

26. In case of arranged Vehicles hired from other sources by contractor and

deployed for GAIL’s duty, an undertaking on stamp paper of requisite value is required to be submitted from concerned party indicating his willingness and that he will not make any claim whatsoever to the GAIL.

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27. The drivers of the Vehicles should be provided wth Mobile phones and bring their lunch along with them while reporting for duty. In no case shall the drivers be allowed to go for lunch with the vehicle. Violation of this clause attract a penalty of Rs. 100/- per occasion. Any journey undertaken by the vehicle for this will be on contractor’s account and will not be payable.

28. The contractor shall ensure that his crew should refrain from smoking or

carrying any inflammable substances when on duty at any of the installations /store yards/offices etc. He shall abide by the usual & special rules regarding safety & security measures while on duty with GAIL as per the direction of the safety representative of the GAIL at the works sites/installations.

29. The Vehicles shall not leave the duty point for any purpose (including

refueling) without the specific permission/entries in logbook of the user. 30. In the event of the vehicle drivers ask any amount from the user of vehicle

towards expenditure like diesel, consumables etc, GAIL will deduct double the amount from the contractor bills with out any notice.

QUALITY/CONDITION OF VEHICLES WHILE ON DUTY OF GAIL: 1. As the Vehicles will be mostly on important duties, a special care has to be

taken:- 2. The preferred colour shall be “Shell-White” for cars. All Vehicles shall be kept

immaculately shining/pleasant in appearance (from inside and outside) and scratch free.

3. The interior of the cabin must have appropriate, additional fittings to provide

the Vehicles with the VIP comfort with sterio system, time clock and appearance with deluxe dashboard, synthetic/additional foot mating window and rear tinted glasses and first aid kit.

4. Seat springs with proper tension, good supplementary seat-cushions and high

quality upholstery to provide extra comfort. 5. Sparkling white (spotless) seat covers of high quality cloth shall be provided.

These shall be changed at least two times in a week or more if required. 6. The bushings, spring/shock absorbers shall be maintained in excellent

condition to provide absolute riding comfort. 7. The Vehicles should be noise-free. Any rattling, sound of loose nuts/bolts

windows, shutters, spare wheel with tyre, fan belt and loosely kept tool box etc. should be completely done away with.

8. Battery, tyres, brakes, Head/light beam adjustment indicator and other lights,

starter, wiper, window shutter should be in good and smooth working/serviceable conditions.

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VI. VEHICLE DOCUMENTS:

The Vehicles should be fit in all respects for operations in accordance with Motor Vehicle Act, the rules and the existing laws are applicable from time to time. The Vehicle(s) must be equipped with valid documents ie., Registration Book, Pollution Control Certificate, Insurance Certificate, Fitness Certificate(s), permits which include all permits for towing with taxes, fees levies paid up to date during the currency of the contract. This shall include Annual permits/temporary road permits or parking fees etc., if any required during and for the duty with GAIL. The responsibility of any lapse in this regard shall be that of the contractors/owners exclusively. GAIL or its officers/employees shall in no way be responsible for any lapse/default of the owner/contractor and GAIL, its officers/employees shall be completely indemnified and kept harmless by the contractor against such default.

VII. LABOUR REGULATIONS AND OTHER ENACTMENTS: 1. The contractor shall strictly follow and abide by the rules and regulations of

Motor Vehicles Act, Motor Vehicle Rules, Pollution Control Norms and other relevant Central/ State legislation’s and orders, rules and regulation of Central/State Government and other authorities. The contractor agrees to indemnify and hold GAIL and its employee’s harmless for/against any loss, expenditure and claims penalty etc., of whatsoever nature to the GAIL in this regard due to the non-fulfillment of the obligations and violation by the contractor.

2. The tenderer will be fully responsible for any and all disputes arising out of

any labour act,. Motor vehicles act, Income Tax Act, Payment of Wages Act, Pollution Control Act, EPF Act, Industrial Disputes Act etc., and will settle the same at his own. It is the responsibility of the tenderer to pay the driver/any employee as per labour law/ Payment of Wages Act in force and in case of failure of any claims, tenderer is personally responsible.

3. The contractor must indemnify the GAIL / its employees against any liquidated

damages incurred as the principal employer for any failure of contractor to honor the various Central/State/Local self-body laws/enactment’s in this respect.

4. The contractor will be required to observe and fulfill all the obligations under

various enactments applicable to the nature of job performed by the contractor under the contract.

TAXES 1. The contractor shall pay all the taxes levied by Central/State or any other

authorities. Service tax shall be reimbursed by GAIL against cenvatable invoices. However, GAIL will deduct standard recovery towards the Income Tax from monthly payments.

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VIII. VEHICLE INSPECTION (PERIODIC AND RENEWAL INSPECTION): 1. The acceptance of a Vehicle in the service of GAIL will be subject to the

inspection of the cars documents and the documents of the driver, by an officer or board of officers of GAIL. Such inspection(s) will be carried out initially before the first acceptance of the car and at an appropriate periodical or by surprise checks at the discretion of the GAIL/ENGINEER-IN-CHARGE. The decision with regards to the acceptance or rejection of the vehicle/equipment, offered by the contractor(s) shall remain with the GAIL its decision shall be final and binding on the contractor.

2. Any certificate obtained or produced by the contractor stating the condition of

the vehicles offered/placed at the service of GAIL by any officer of Central or State Government Authority such as M.V.I. etc., as satisfactory shall not supersede the discretion of the GAIL on specifications regarding the Vehicles for its acceptability to the GAIL under this contract.

3. Any Vehicles on duty of the GAIL is subject to the surprise checks by an

authorized officer of the GAIL for its operational condition or for carrying any unauthorized passengers or any conduct prejudicial to the interest or image of the GAIL. In case of any default being detected action shall be taken as per the provisions of contract including de-hiring if necessary.

IX. ADDITIONAL PLACEMENT OF VEHICLES: 1. In case of increase in number of Vehicles, the contractor shall place the

Vehicles for the service of GAIL within 07 days of date of placement of requirement. For any delay in deployment of vehicles Rs.500/- per day will be recovered till the placement of Vehicles.

2. All Original documents pertaining to the Vehicles are required to be

presented/ produced for inspection before it is put into operation of GAIL. 3. Once the Vehicles and its documents have been approved for the service of

GAIL, that vehicle shall not ordinarily be changed during the period of the contract except on being defective and another vehicle offered being a similar/ matching specifications.

X. LOG BOOK MAINTENANCE: 1. In case of not getting the log book filled-in correctly and properly or if there is

any objection, the bill(s) may be returned for getting the objection(s) rectified. The logbook must be got filled-in from user on day-to-day basis.

2. The logbook shall be drawn at the commencement of service from GAIL,

Rajahmundry as case may be and thereafter from the specified place on calendar month basis in the last week of every month.

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3. Separate logbook for each month will require to be maintained for each vehicle. These shall be duly filled-up all columns and signed by the officer of the GAIL using the vehicle and driver immediately on completion of the duty, daily with NAME AND DESIGNATION of the officer and the name of the driver of the vehicle. All the bills will be verified on the basis of logbook of the vehicle incorporating any complaints separately received on the performance of the duty. If the name, designation of the user/officer, the purpose of journey and place visited are not clearly identified, the payment for such journeys may not be admitted.

4. The responsibility of obtaining the daily KM runs properly entered in the

logbook in all respects to tally the distance run and places visited shall be entirely of the contractor. The opening KM reading/closing KM reading shall be taken from the reporting place but not from the contractor garage/residence. The opening KM reading in logbook shall be filled immediately on report to duty. In case there is some difference, the excess difference will not be paid and bill(s) will be corrected accordingly and passed for payment.

5. The tenderer shall be entitled to payment for the completed kilometers distance for the places of visit as per the logbook entries. It is, therefore, the tenderer’s/his driver’s duty to obtain the reconciliation of kilometer (IN) and kilometer (OUT) distance with the endorsement of the places visited on any duty carried out. In case of any excess kilometers run, the same will be deducted from the total kilometers and no payment will be made. In case the Vehicles used for private purpose/duty, such use also is to be got recorded separately in the logbook.

6. The Speedometer of the Vehicles should not be disconnected when vehicles

are released after duty. The distance traveled on account of to and from journey from garage to reporting place should be reflected in logbook.

7. In case the Vehicles are used for private duty under order such use also is to be got recorded separately in the logbook.

XI. ACCIDENTS/DAMAGES/CLAIMS LIABILITIES: 1. In the event of any accident or damages while the vehicle(s) is on the duty of

GAIL shall be completely free from any liability of any nature connected with the accident/damage(s). The contractor himself will be fully and exclusively responsible for any damage to vehicle(s) or any personal injury to driver or any other person in the employment of the contractor, occupants of the vehicle(s) or any person(s) or damage to any property or person. This includes any third party claims. However, if the damage or loss is incurred by GAIL or its employees as a result of any accident or any other reason involving the failure of the vehicle(s)/driver, the contractor shall reimburse on demand and without any demur the compensation/damages if any sustained by GAIL on this account.

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2. The contractor will be solely responsible for any consequences under laws, arising out of any accident caused by the vehicle(s)/equipment to the property or personnel of GAIL. The contractor shall also be responsible for any claim/compensation that arises due to damage/cause or injuries sustained by any third party/parties/including life permanent injuries etc., by his/their vehicle(s), in addition to damages/disabilities/death etc. the GAIL employees/property. The contractor shall reimburse on demand and without any demur the compensation/damages if any sustained by the GAIL on this account.

3. The contractor himself will be responsible for any damage to the vehicle(s) or

any personal injury to driver or any other person in the employment of contract(s) while vehicle(s) equipment(s) are on GAIL Duty.

4. GAIL shall not be responsible for any claim/compensation that arises due to

damages/injuries/pilferage to the contractor’s vehicles/property under any circumstances while the vehicle(s) equipment(s) were/are/is engaged for the GAIL duty by him.

5. It is the responsibility of the contractor to inform the user of the vehicle as well

as the Head of Transport department the occurrence of any accident involving his/their vehicle(s) as early as possible to avoid any disruption of GAIL’s operations, provide substitute and submit a detailed report to the head of transport section within 24 hrs for the record of GAIL.

6. Absence of vehicle due to any accident may not be entitled for any

exemptions from the liabilities of the contract whatsoever. Arrangement of the alternative/substitute is the responsibility of the contractor unless otherwise exempted for reasons beyond the contract’s control.

XII. INSURANCE: 1. Hired vehicle(s) should be fully / comprehensively insured by the contractor,

at his own cost covering all risk and liabilities. 2. All liabilities arising out of the accidents, disturbances to the vehicle(s)

operations of the GAIL will rest upon the contractor. 3. The copies of documentation in respect of insurance shall be submitted to

GAIL on the date of placement of vehicle and renewals made subsequently shall be submitted in time.

XIII. R A T E: 1. GAIL shall pay for the services of the Vehicles at the rates mentioned in

Schedule – A and B enclosed.

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2. The rates, offered in Schedule – A & B include all expenses fuel, oil, lubricants, establishment, all expenses on drivers viz., salary as per labour regulations (including toll taxes and parking fee, permits, repairs and maintenance, including the provisioning of the breakdown/maintenance reserve taxi etc., whatsoever required for the specific performance of this contract. Such expenses shall include expenses on Regional Transport Authority, Labour Authorities, and Government local and Municipal Authorities dues comprehensive insurance, local services and any other expenses wherever or whatsoever necessary for the continuance/operation of such services. GAIL shall not be liable to make any other payment except the agreed rates. GAIL may reimburse any additional taxes/levies/permits other than road tax if any, on production of original money receipts for sending the vehicles on duty to other states.

XIV. ESCALATION/DE-ESCALATION: 1. GAIL will consider an increase/decrease in the Kilometer rates during the

contractual period, in the event of increase/decrease in retail prices of HSD only. This will apply w.e.f. tender opening date i.e. 03.01.2007.

The escalation/de-escalation shall be calculated on the basis of

(a) Average consumption of HSD for Ambassador car: 12 kms / Ltr. (b) Average consumption of HSD for Indicab: 15 kms / Ltr (c) Average Consumption of HSD for Jeep/Tata Sumo: 10 kms/ Ltr

Contractor shall submit the actual bills in original issued by petrol / Diesel out lets and shall claim the escalation / de-escalation along with his regular bills.

XV BILLING AND PAYMENT: 1. GAIL shall not be liable to make any other payment except the agreed hiring

charges. The rates offered should include all the expenses on drivers viz., salary as per labour regulations (including bonus, overtime etc.), uniform, all taxes, permit, repairs and maintenance of vehicles, including the provisioning break down/maintenance/reserve vehicle etc., whatsoever required for the specific performance of this contract. All such expenses shall also include (but not restricted to) expenses on Regional Transport Authority, Labour Authorities and Government Local and Municipal Authorities dues, comprehensive or all risk covered insurance, local services and any other expenses wherever or whatever necessary for the continuance/operation of such services. GAIL shall not be liable to make any other payment except the agreed hire charges only.

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2. The contractor shall submit cenvatable invoices duly certified by EIC in respect of the service along with filled in logbooks in all respects by the user deptts. / Officials in respect of the service (vehicle wise) rendered by him on monthly basis to GAIL, Rajahmundry for all the Vehicles and not in piece meal in the prescribed proforma duly verified and certified by the user in the interest of GAIL’s work. The bills shall show date wise services rendered as per the logbooks. Copy of service tax payment challan as Proof of remitting service tax also to be submitted along with subsequent monthly bills. Failing which bill will be returned to the party

3. Payment will be released for the correctly made bills normally with in 15 days.

GAIL will entertain no claim of interest for any delay on billed amount. Contractor has to open account in SBI/ICICI/HDFC banks Where e payment facility available) to enable GAIL to release payment through e- Banking

4. GAIL reserves the right to recover from the bill(s) and security deposit of the

contractor the amounts due to the GAIL against any L.D. or as a result of any claim(s)/compensation(s) or due to any statutory imposition etc., without prior notice. GAIL also reserves the right to with hold any payment to safeguard the interest of the GAIL against any due(s) claim(s) etc. The decision of Officer-In-Charge in this regard shall be final and binding on the contractor.

5. No interest shall be payable on with held amounts. 6. Accounts Department shall deduct the Income Tax applicable as per Income

Tax Act and other taxes as applicable from the bills. XVI. SECURITY DEPOSIT/BANK GUARANTEE: 1. The contractor shall furnish a total security deposit 10% of contract value. SD

may be submitted in the form of Nationalized Bank’s Demand Draft drawn in favour of GAIL (INDIA) LIMITED or Bank Guarantee in the prescribed proforma in favour of GAIL, Rajahmundry within 15 days from the date of work order or placement of vehicles which ever is earliest.

2. The Security deposit/bank guarantee shall liable to the forfeited/invoked in case

of termination of the contract by the GAIL under clause No.XVII of the contract. 3. GAIL shall have right to recover from the security deposit/bank guarantee the

balance amount, if any, which could not be recovered from the payments to the contractor under any of the clause of this contract.

4. The contractor shall be liable to pay further balance of recovery/claim if any,

which could not be recovered from the payments to the contractor and/or from the security deposit/bank guarantee.

5. GAIL on the Earnest Money or Security Deposit or performance guarantee

furnished by the contractor shall pay no interest.

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6. The Bank Guarantee is towards performance guarantee for satisfactory performance of contract. The Bank Guarantee should be valid for 6 months beyond the contract period. In the absence of such validity payments of all dues to the contractor will be with held. On production of performance guarantee Earnest Money Deposit will be released.

7. The Security Deposit/bank guarantee, subject to recoveries, if any, shall be

refunded to the contractor after the successful completion of this contract. 8. In case the contractor fails to carry out the job, as per the terms and conditions of

the contract, the security deposit/bank guarantee is liable to be forfeited/invoked, without prejudice to any other right, which GAIL may have under this contract or otherwise.

9. The Bank Guarantee has to be given as per proforma enclosed with the tender. XVII. TERMINATION: GAIL may without prejudice to its rights against the contractor in respect of any delay or otherwise or any claims for damage, in respect of any breach of the terms of the contract and without prejudice to any rights or remedies under any of the provisions of this contract or otherwise, by notice in writing absolutely terminate the contract with immediate effect in any of the following cases:

a) In the event of the contractor going into liquidation or winding up his business or making arrangement with his creditors, GAIL shall have the right to terminate the contract without prejudice to any other rights/remedies.

b) In the event, if it is found that contract has been procured by submitting

incorrect or incomplete statements by the contractor or by marking any misrepresentation.

c) If in the opinion of GAIL, the contractor has delayed or suspended the

execution of work, the facilities and Vehicles etc., offered by the contractor to be inadequate for effective completion of the job.

d) In the event of any breach of the terms and conditions of the contract by

the contractor or if the contractor is found to be indulging in activity subversive to GAIL’s interest or activity prejudicial to the interests of GAIL and for any other good or sufficient reasons.

e) Up to such termination of the contract the security Deposit/Bank

Guarantee are liable to be forfeited/invoked to satisfy the outstanding claims of GAIL.

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Notwithstanding anything contained above, GAIL may, as its sole discretion, terminate this contract by giving the contractor 30 days written notice to the effect, without assigning any reasons whatsoever.

The contract shall be deemed to have expired on expiry of the original period of two year unless extended. XVIII. A R B I T R A T I O N:

All questions and disputes or difference relating to or arising under these terms and conditions or as to any other questions, claim right, matter or thing whatsoever in any way arising out of or relating to the terms and conditions of the contract. Or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of work or after the completion of abandonment thereof, shall be referred to the arbitrator appointed by GAIL. It will be no objection to any such appointment that the arbitrator is an employee of the GAIL that he had to deal with the matters to which the contract relates and that in matters to which the contract relates and that in the course of his duties as an employees of GAIL he had expressed views on all or any of the matters in dispute or differences. The arbitrator to whom the matter is originally referred being transferred or vacating the office or unable to act for any reason. GAIL at the time of such transfer, vacation of office or inability to act shall appoint another person to act as arbitrator in accordance with the terms and conditions of the contract. Such person shall be entitled to proceed with the reference from the stage of which his predecessor left it. It is also a term of this contract that no person other than person appointed by GAIL aforesaid should act as arbitrator and if for any reason that is not possible the matter is not to be referred to arbitration at all.

Subject as aforesaid the provision of the Arbitration Act, 1940 and any statutory modification or reenactment thereof and the rules made there under, and for the time being in force shall apply to the Arbitration proceeding under this clause.

The jurisdiction of arbitration shall be at Rajahmundry, East Godavari Distt.

The arbitrator may with the consent of the parties enlarge the time, from time to time to make and publish his award.

The arbitrator shall decide by whom and what proportion the arbitrator’s fees, as cost incurred in arbitration shall be borne.

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XIX. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS: 1. Whenever any claim or claims for payment of sum or money arises out of or

under the contract against the contractor GAIL shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security deposit, deposited by the contractor and for the purpose aforesaid GAIL shall be entitled to withhold the said security deposit and also have a lien over the same pending finalization or adjudication of any such claim.

2. In the event of the security being insufficient to cover the claimed amount or

amounts. GAIL shall be entitled to withhold and have a lien to retain the extent of the such claimed amount or amounts referred to supra from any sum or sums found payable of which at any time thereafter may become payable to the contractor under this contract of any other contract with the GAIL pending finalization or adjudication of any such claims. Likewise, Bank guarantee furnished in lieu or security deposit, will be operated similarly.

3. It is an agreed term of this document that the amounts so withheld or retained

under the lien referred to above by the GAIL till the claim arising out of or under the contract is determined by the GAIL or arbitrator or by the competent court, as the case may be and that the contractor will have no claim for interest of damages whatsoever on any account in respect of such withheld or retention under the lien referred to supra. When the contractor is a partnership firm or a limited company, the GAIL shall be entitled to withheld and also have a lien to retain towards such claimed amount or amounts in whole or in part form any sum found payable to any partner/limited company, as the case may be whether in the individual capacity or otherwise.

4. Any sum of money due and payable to the contractor (including the security

deposit returnable to him) under the contract may be withheld or retained by way of lien by the GAIL against any claim of the GAIL in respect of payment of a sum of money arising out of or under any other contract made by the contractor with the GAIL.

It is an agreed term of the document that the sum of money so with-held or retained under this clause will be kept with-held or retained until the claim under any other contract is either mutually settled or determined by the GAIL or arbitrator or by the competent court as the case may be and that the contractor shall have no claim for interest or damages whatsoever on this account or any other amount in respect under this clause and duly notified as such to the contractor.

XX. SET OFF CLAUSE: 1. Any sum of money due and payable to the contractor, under this contract may

be appropriated by the GAIL and set off against any claim by the GAIL against the contractor in respect of any transaction.

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XXI. FORCE MAJEURE: 1. In the event of either party being rendered physically unable by the Force

Majeure to perform any obligation require to be performed by them under the contract, the relative obligations of the party affected by such Force Majeure shall be suspended for the period during which such cause actually lasts. The term Force Majeure as employed herein shall include and not limited to acts of God, War, Riots, Roko, devastating, Flood, Fire etc., directly affecting the performance of the contract and beyond the control of the parties hereto upon the occurrence of such cause and upon its termination the party alleging that it has been rendered unable as aforesaid shall notify the other party in writing within 24 (twenty four) hours of the alleged beginning and ending there of giving full particulars and satisfactory evidence in support of its claim. If the performance of the contract is suspended by Force Majeure conditions lasting for more than two weeks, the GAIL shall have the option of canceling this contract at its discretion without any liability on its part. No payment shall accrue to the contractor during Force Majeure period.

2. The decision of OIC of GAIL, Rajahmundry as to whether a particular event

falls within the ambit of this Article or not shall be final and binding on both parties.

3. Occurrence of accidents breakdown due to negligence of contractor or

otherwise, any/all inability on the part of driver seizure of vehicle/arrest of driver for any violations of the law of the land shall not be justifiable reasons for invoking the Force Majeure clause.

XXII. JURISDICTION

Subject to Arbitration clause, all questions, disputes of differences arising under out of or in connection with the contract shall be subject to the exclusive jurisdiction of courts at Rajahmundry, East Godavari Distt., A.P.

XXIII. INDEMNITY

The Contractor shall indemnify and save GAIL its agents, servants, representatives harmless from and against all actions, suits proceedings, losses, cost, damages, charges, claims and demands of every nature and description brought or recoveries made against the GAIL by reasons of any act or omission of the contractor, his agents, representatives or employees in the execution of the contract.

XXIV. ASSIGNMENT

This contract shall not be assigned except with express prior approval of GAIL. The contractor shall not sub-contract the work or any portion thereof without the prior written consent of GAIL. Any detection of sub-letting/assignment may result in termination of the contract with out any notice as also debarring/banning of business of the contractor for further business in GAIL.

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XXV. INDEPENDENT STATUS

In the performance of this contract, the contractor shall be an independent contractor. Neither the contractor nor any persons deployed by the contractor shall be deemed to be employee or agents of the GAIL. The Contractor agrees to relieve and indemnify GAIL from and against all claims and demands whatsoever made against the GAIL by persons deployed by the contractor and/or for whom the contractor is otherwise responsible under Laws of the land.

XXVI. LIQUIDATE DAMAGES:

In addition to the contents as set out in para-9 of operational requirements and general condition, the following also be noted.

A) In case the contractor fails to provide the contract carriage car/Jeep for all

12/24 hrs. a day in calendar month due to the faults resting with contractor such as:

1) Contract carriage Vehicles remained off road for all 12/24 hrs. of a day as

case may be. 2) Withdrawn the contract carriage car/Jeep from duty for all 12/24 hrs of a

day or provide a contract carriage car/Jeep including suitable substitute vehicle which is not in acceptable condition.

B) The Liquidate damages as mentioned below shall be recovered from the bills

of the contractor: 1) Proportionate monthly charges of each such day shall not be paid ie., day

charges for 12 / 24 hrs. duty as the case may be.

And

2(I) Liquidated damages at the rate of Rs.300/- per day for Car/Jeep shall be recovered from the contractor’s bills without any notice.

Or

2(ii) if GAIL makes alternative arrangements at the risk and cost of the

contractor, extra expenditure if so incurred, shall be recovered.

However L.D. applicable shall be as per B2(i) or 2(ii) above whichever is more in addition to B(I) as above.

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(C) The contractor shall deem breakdown of vehicle non-providing of vehicle. In case of breakdown of the vehicle on any day while on duty (on way or at working site) and the vehicle is not provided within two hours from time of breakdown L.D. as mentioned below shall be recovered.

(i) Pro-rata monthly charges per day for break-down/non-availability hours

shall be deducted based on pro-rata hour rate.

And

(ii) Liquidated damages at the rate of Rs.300/- per Car/Jeep shall be recovered for each such breakdown from the contractor’s bills without prior notice.

Or

(iii) The difference in cost incurred in making the alternative arrangement, if any, by GAIL at higher than contract rate whichever is higher shall be recovered from the contractor bills with out any notice.

(D) The Vehicles left for re-fuelling at his own or shortage of fuel in the Vehicles or non-acceptance of Vehicles for limited period due to any fault of the contractor as envisaged under the contract shall be deemed non-providing of Vehicles by the contractor and therefore L.D. shall attract as per clause No.XXVI.

(E) For the purpose of contractual payment / L.D. etc., fraction of an hour up to 30

minutes will not be taken into account and more than 30 minutes will be treated as full one hour.

(F) If second driver is not made available with the Vehicles as per clause V-24 for

duty then a sum of Rs.50/- (Rupees Fifty only) per day for the number of days the second driver is not available shall be deducted from the bills (this shall apply for 24 hrs Cars)

(G) The decision of GAIL with regard to L.D. shall be final and binding on the

contractor. XXVII AGREEMENT:

The successful bidder shall enter in to an agreement on a non-judicial stamp paper of requisite value on receipt of work order.

XXVIII NOTICE

Any notice require to be given under the contract including all correspondence shall be addressed to the respective parties at their address given below. The respective parties in writing under registered cover at least fifteen days prior to the proposed change shall communicate any change in address.

34

XXIX ADDRESS OF THE PARTIES:

The address of the parties is as follows until and unless notified /intimated as required, the change of address:

The GAIL : Dy. General Manager, GAIL (India) Ltd,

GAIL BHAWAN, AVA Road,

RAJAHMUNDRY-533 103

The Contractor : Name & Address with Ph. Nos.

35

LOCATION WISE TENTATIVE REQUIREMENT OF NON AC AMBASSADOR CARS/TATA INDICAB/TATASUMO AND MAHENDRA ECONAMY/BOLERO

JEEPS MODEL NOT EARLIER THAN 2006 SL.NO.

Name of the place

Ambassador CAR

TATA INDICAB

Mahindra Economy/ BOLERO (JEEPS)

TATA SUMO

1. Rajahmundry 2* 2 2* 2. Vijjeswaram 1 1 3. Kakinada 1 1 4. Tatipaka 1 1 5 Gudiwada/

Machilipatnam 1

6 Lanco terminal (Vijayawada)

1 1

* Out of total 4 four vehicles at Rajahmundry (2 Nos Ambassador and 2 nos TataSumo) 1 no vehicle may not be required. The above location wise deployment of vehicles is tentative and may change depending upon the requirement of GAIL from time to time

36

BID EVALUATION CRITERIA FOR PART - A 1. Tenders received without enclosing the following required documents shall be

rejected.

a. Earnest Money Deposit of Rs. 10,000.00 per each vehicle in the form of Demand Draft. b. Proof of EPF account in tenderer’s name duly attested by notary. c. Copies of following valid, up to date documents of 5 light passenger

vehicles (of any Model) owned by the tenderer at the time of submission of tender duly attested by notary. 1. R.C.Books. 2. Fitness Certificate issued by RTO 3. Insurance certificate 4. Taxi Permit

d. Documents like Agreements/work order and completion certificates

duly attested by notary pertaining to experience in operating light passenger vehicles on contract in any Govt./reputed business houses and should have executed at least one such single contract of value not less than Rs. 11 lakhs in last 3 years..

e. Proof of yearly turn over not less than Rs. 11 lakhs in any one year during last 3 years for light passenger vehicles.

f. The complete tender document every page duly signed. 2. The bid of the lowest tenderer shall be evaluated subject to the following criteria:

a) Monthly fixed charges for 12 Hrs duty/24 Hrs duty fixed Km free run b) Running charges over and above free run for 1000 Kms. Run. c) Lowest hire charges for Cars/Jeeps = S.No. 1+2

NOTE:

1. The figures mentioned above are purely for comparison of BID. Payment will be made as per actual.

2. GAIL reserves the right to exercise the relaxation in respect of Bid Evaluation

Criteria conditions while evaluating bids if felt necessary in the interest of work to encourage competition.

37

BID EVALUATION CRITERIA FOR PART - B 1. Tenders received without enclosing the following required documents shall be

rejected.

a. Earnest Money Deposit of Rs. 10,000.00 per each vehicle in the form of Demand Draft.

b. Proof of EPF account in tenderer’s name duly attested by notary. c. Copies of following valid, up to date documents of 5 light passenger

vehicles (of any Model) owned by the tenderer at the time of submission of tender duly attested by notary.

a) R.C.Books. b) Fitness Certificate issued by RTO c) Insurance certificate d) Taxi Permit

d. Documents like Agreements/work order and completion certificates

duly attested by notary pertaining to experience in operating light passenger vehicles on contract in any Govt./reputed business houses and should have executed at least one such single contract of value not less than Rs. 9.75 lakhs in last 3 years..

e. Proof of yearly turn over not less than Rs. 9.75 lakhs in any one year during last 3 years for light passenger vehicles.

f. The complete tender document every page duly signed. 2. The bid of the lowest tenderer shall be evaluated subject to the following criteria:

a) Monthly fixed charges for 12 Hrs duty/24 Hrs duty fixed Km free run b) Running charges over and above free run for 1000 Kms. Run. c) Lowest hire charges for Cars/Jeeps = S.No. 1+2

Note:

1. The figures mentioned above are purely for comparison of BID. Payment will be made as per actual.

2. GAIL reserves the right to exercise the relaxation in respect of Bid Evaluation

Criteria conditions while evaluating bids if felt necessary in the interest of work to encourage competition.

38

BID EVALUATION CRITERIA FOR PART A & PART - B 1. Tenders received without enclosing the following required documents shall be

rejected.

1. Earnest Money Deposit of Rs. 10,000.00 per each vehicle in the form of Demand Draft.

2. Proof of EPF account in tenderer’s name duly attested by notary. 3. Copies of following valid, up to date documents of 7 light passenger vehicles

(of any Model) owned by the tenderer at the time of submission of tender duly attested by notary.

a) R.C.Books. b) Fitness Certificate issued by RTO c) Insurance certificate d) Taxi Permit

4. Documents like Agreements/work order and completion certificates duly attested by notary pertaining to experience in operating light passenger vehicles on contract in any Govt./reputed business houses and should have executed at least one such single contract of value not less than Rs. 20.75 lakhs in last 3 years..

5. Proof of yearly turn over not less than Rs. 20.75 lakhs in any one year during last 3 years for light passenger vehicles.

6. The complete tender document every page duly signed. 2. The bid of the lowest tenderer shall be evaluated subject to the following criteria:

a) Monthly fixed charges for 12 Hrs duty/24 Hrs duty fixed Km free run b) Running charges over and above free run for 1000 Kms. Run. c) Lowest hire charges for Cars/Jeeps = S.No. 1+2

NOTE: -

1. The figures mentioned above are purely for comparison of BID. Payment will be made as per actual.

2. GAIL reserves the right to exercise the relaxation in respect of Bid Evaluation

Criteria conditions while evaluating bids if felt necessary in the interest of work to encourage competition.

39

Check list for submission of documents Experience details for the last three years Work order : Yes/No Completion certificate : Yes/No TDS certificates : Yes/No

Party Name W.O. No Date W.O VALUE PERIOD OF CONTRACT

Turnover details for the last three years Audited balance Sheets submitted Turn over amount in Rs. 2005-06 2004-05 2003-04

Details of vehicle documents submitted Sl. No

Vehicle No. RC Book Permit Validity

Fitness certificate Validity

Insurance Validity

01 02 03 04 05 06 07

Details of PF registration with No & Date : Details of EMD Submitted : DD/BG No & date : Amount :

40

SCHEDULE OF RATES Schedule – A Rate for Diesel Driven Non-AC Ambassador Cars/ Tata Indicab model not earlier than 2006 for 12 hours/24 hours duty. Vehicles will be called for Duty on all Days in a month including Saturdays, Sundays and closed holidays Sl.No

Description Rate in Rs. Per vehicle in figures / in Words

No. of Vehicles

AMBASSADOR CAR 12 Hrs A: Place: Rajahmundry 1a Monthly fixed charges for 12 hrs duty

per day for Non AC Ambassador cars for 2500 Kms Free Run

Rs………………………………(Rupees………………………. …………………………………. ………………………………

1 Nos

1b Additional charges per Km over and above 2500 kms free run

Rs………………………………(Rupees……………………….. ……………………………………………………………………

AMBASSADOR CAR 24 Hrs B: Place: Rajahmundry/Vijjeswaram/ Kakinada/ Tatipaka/Vijayawada and Gudivada

2a Monthly fixed charges 24 hrs duty per day for Non AC Ambassador cars for 3000 Kms Free Run

Rs………………………………(Rupees………………………. …………………………………. …………………………………

6 No

2b Additional charges per Km over and above 3000 kms free run

Rs………………………………(Rupees………………………. ………………………………….

TATA INDICAB CAR 12 Hrs C: Place: Rajahmundry 3a Monthly fixed charges 12 hrs duty per

day for Non AC TATA INDICAB cars for 2000 Kms Free Run

Rs………………………………(Rupees………………………. …………………………………. ………………………………

2 Nos

3b Additional charges per Km over and above 2000 kms free run

Rs………………………………(Rupees………………………. ………………………………….

4 Overtime charges per hour after 12 hrs use of vehicle in a day for 12 hrs duty vehicle

Rs. 29/- (Rupees Twenty Nine only)

5 Out station allowance for driver if the vehicle is detained overnight beyond stationing town/place

Rs. 100/- (Rupees One hundred only)

Rates at Sl. No. 4&5 above are prefixed and need not be quoted. For 24 Hrs vehicle no overtime shall be applied.

41

Note :

2) Duty place of vehicles may change between sites as per site requirement.

3) The bid of the lowest tenderer shall be evaluated subject to the following criteria: a) Monthly fixed charges for 12 Hrs duty/24 Hrs duty fixed Km free run b) Running charges over and above free run for 1000 Kms. Run. c) Lowest hire charges for Cars/Jeeps = S.No. 1+2

Signature of tenderer & seal

Name of the bidder Contact Telephone No

42

SCHEDULE OF RATES Schedule – B Rate for Diesel Driven Non-AC Mahendra Marshal/Bolero Jeep/ Tata Sumo Vecta model not earlier than 2006 for 12 hours/24 hours duty. Vehicles will be called for Duty on all Days in a month including Saturdays, Sundays and closed holidays Sl.No

Description Rate in Rs. Per vehicle in figures / in Words

No. of Vehicles

Tata Sumo Vecta 12 Hrs A: Place: Rajahmundry 1a Monthly fixed charges for 12 hrs duty

per day for Non AC Tata Sumo (Vecta) for 2500 Kms Free Run

Rs………………………………(Rupees………………………. …………………………………. ………………………………

2 Nos

1b Additional charges per Km over and above 2500 kms free run

Rs………………………………(Rupees……………………….. …………………………………

MAHENDRA Marshall/Bolero JEEP 12 Hrs B: Place: Vijjeswaram/ Kakinada/ Tatipaka/Vijayawada

2a Monthly fixed charges 12 hrs duty per day for Non AC MAHENDRA Marshall/Bolero JEEP for 2500 Kms Free Run

Rs………………………………(Rupees………………………. …………………………………. …………………………………

4 No

2b Additional charges per Km over and above 2500 kms free run

Rs………………………………(Rupees………………………. ………………………………….

3 Overtime charges per hour after 12 hrs use of vehicle in a day for 12 hrs duty vehicle

Rs. 29/- (Rupees Twenty Nine only)

4 Out station allowance for driver if the vehicle is detained overnight beyond stationing town/place

Rs. 100/- (Rupees One hundred only)

Rates at Sl. No. 3&4 above are prefixed and need not be quoted. For 24 Hrs vehicle no overtime shall be applied. Note : 1) Duty place of vehicles may change between sites as per site

requirement. 2) The bid of the lowest tenderer shall be evaluated subject to the

following criteria: a) Monthly fixed charges for 12 Hrs duty/24 Hrs duty fixed Km free run b) Running charges over and above free run for 1000 Kms. Run. c) Lowest hire charges for Cars/Jeeps = S. No. 1+2

Signature of tenderer & seal

Name of the bidder Contact Telephone No