ODISHA MINERAL EXPLORATION CORPORATION LIMITED (A STATE PSU) BHUBANESWAR-751001 ODISHA TENDER DOCUMENT FOR HIRING OF VEHICLES THROUGH AGENCIES FOR OMECL NIT No: 01/OMECL/2021 dated: 21.05.2021
ODISHA MINERAL EXPLORATION CORPORATION
LIMITED
(A STATE PSU)
BHUBANESWAR-751001
ODISHA
TENDER DOCUMENT
FOR
HIRING OF VEHICLES THROUGH AGENCIES FOR
OMECL
NIT No: 01/OMECL/2021 dated: 21.05.2021
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NOTICE INVITING TENDER
NIT NO. 01/OMECL/2021
Sealed tenders in conformity with the terms & conditions of the tender document available at
OMECL’s website http://www.omecl.in, are invited by OMECL from interested/ reputed travel
agencies, fulfilling the eligibility criteria as stipulated in the tender document for providing hired
vehicles on “monthly hire basis” & “As and When Required Basis” for a period of 05 years subject
to renewal on year to year basis upon satisfactory performance of the agency, for use at its Head
Office at Bhubaneswar and other area as required.
Interested bidders may download the tender document from OMECL’s website & submit the filled-
in bids as per the instructions in the tender documents through registered post/courier/hand
delivery/speed post so as to reach the office of the undersigned on or before 5.00 P.M. of
dt.23.06.2021.
Tenders received after the expiry of the above stipulated date and time shall not be entertained.
The authority reserves the right to cancel any or all the tenders without assigning any reason
thereof.
Director (Geology)
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1 Data sheet
NAME OF THE WORK: - “HIRING OF VEHICLES THROUGH AGENCIES FOR OMECL.
1. NIT No. 01/OMECL/2021
2. Item Description Hiring of vehicles through agencies for OMECL for a period
of 05 years, subject to renewal on year to year basis upon
satisfactory performance of the agency, for use at its Head
Office at Bhubaneswar and other area as required.
3. Type of Tendering Open tendering
4. Availability of tender documents on OMECL’s
website (www.omecl.in)
Date: 21.05.2021; Time: 5:00 PM (IST)
5. Last date for sending queries to OMECL Date: 31.05.2021; Time: 5:00 PM (IST); queries may be sent by email to [email protected]
6. Pre-bid meeting Date: 02.06.2021; Time: 11:00 AM (IST).
Venue: 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001 or to be held via Video Conferencing (VC) – Link shall be shared via email with the prospective bidders based on Covid-19 situation
7. Issue of responses to pre-bid queries, addendum/ corrigendum, if required
Date: 09.06.2021
8. Bid due date Date: 23.06.2021; Time: 5:00 PM (IST)
9. . Place of Submission of Bid OMECL, 3rd floor, Boyan Bhawan, Unit-3,
Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001,
Odisha
10. Date & Time of Opening of Part-I: Techno
Commercial Bid
25.06.2021 at 02:30 PM (IST).
11. Date & Time of Opening of Part-II: Price bid To be intimated
12. Earnest Money Deposit (Bid Security) Rs.50,000/- (Indian Rupees Fifty thousand only)
13. Performance Security INR 3,00,000 (Rupees Three Lakh only) including GST
Amount shall be submitted in the shape of Bank Guarantee
in the format provided in Annexure
VII
14. Zero Date of Contract The ‘Zero’ date of the contract will be the date to be
intimated in LoA (Letter of Award).
15. Validity of Tender 180 days from the bid due date
16. Cost of Bidding Document (Non-Refundable) Rs.5,900/- (Rupees Five Thousand Nine Hundred only)
inclusive of GST @ 18%.
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2 BIDDER’S COVERING LETTER
To
Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha Dear Sir,
Ref: Tender No.: _____________________________
I/We________________________________________ offer for the works as indicated in the Tender notice and the Tender documents, at the rate quoted and hereby bind myself/ourselves to execute the work as per the scope stipulated in the Tender Documents.
I/We have read the conditions of N.I.T. and the Tender document attached hereto and agree to abide
by these conditions. I/We undertake that, if my/our bid is accepted, I/we shall execute the work in accordance with terms
& conditions stipulated in the tender documents. If my/our bid is accepted, I/we shall submit the securities as per the conditions mentioned in the contract.
I/We agree to abide by this bid for a period of 180 days from the bid due date and it shall remain
binding upon me/us and may be accepted at any time before the expiry of that period. Until a formal agreement is prepared and executed, this bid together with your written acceptance
thereof in your notification of award along with the LoA issued by OMECL shall constitute a binding contract between us.
Bid submitted by me/us is properly prepared and sealed so as to prevent any subsequent addition,
alteration or replacement.
Dated: This ………… Day of ………………… (the month and year) Signature of Authorized Signatory ………………………………………. In capacity of ………………………………………………………………… Duly authorized to sign the bid for and on behalf of …………………… Name of Bidder/ Bidding Firm : Address : Telephone No. : E-mail address : Website : Status of Bidder : Ltd. Companies/ Partnership Firm/ Limited Liability Partnership/ Proprietorship firm
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3 SCOPE OF WORK:
Odisha Mineral Exploration Corporation Limited, Bhubaneswar, invites sealed tenders under two-bid
system from interested/ reputed travel agencies for providing Air conditioned (AC) vehicles of different
types as detailed below for use on both “Monthly Basis” & “As and When Required Basis” at its Head
Office at Bhubaneswar and other areas as required for a period of 05 years, on year to year renewal
basis .
TABLE-I
Sl. No.
Basis of engagement
Type of vehicle Condition of the vehicle
Mode of utilization
Tentative requirement
1 Monthly Hire Basis
Category I Swift Dzire (AC) or *equivalent. *Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
i. Must have been purchased on or after 01.02.2020
ii. Must be in perfect running condition.
i. To be utilized for a minimum of 12 hrs. daily
ii. Vehicle shall be utilized for both local & outside travel (inclusive of travel to other States)
iii. Monthly two* off-days.
*Note: Any two Sunday in a month as per
OMECL’s approval
4 nos.
Category II Toyota Innova (AC)
i. Must have been purchased on or after 01.02.2020 Must be in perfect running condition.
i. To be utilized for a minimum of 12 hrs. daily
ii. Vehicle shall be utilized for both local & outside travel (inclusive of travel to other States)
iii. Monthly two* off-days.
*Note: Any two Sunday in a month as per
OMECL’s approval
2 nos
2 As and When Required Basis
Category I Swift Dzire (AC) or *equivalent.
*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
Category II Toyota Innova (AC)
Category III Mahindra Scorpio (AC)
Category IV Mahindra Bolero (AC)
i. Must have been purchased on or after 01.02.2020
ii. Must be in perfect running condition.
To be utilized for both local & outside travel (inclusive of travel to other States)
Selected bidder to provide vehicles as and when requisitioned by OMECL. Requirement is frequent.
However, OMECL reserves the right to distribute the work among maximum two number of participating
bidders, agreeing to provide vehicles at the L1 price in the ratio 70:30 (70- Original L1, 30- Original L2) as
applicable.
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OMECL may ask to provide additional vehicle for “Monthly hire basis” apart from the number of vehicles
mentioned in Table-I. Selected bidders have to provide the additional vehicles (up to 100% increase on
number of vehicles in Table-I) at same rate as quoted in the price bid. Additional vehicles, within increase
of 100% , to be provided by the bidders shall be distributed in same fixed ratio of 70:30 (L1:L2).
For requirement beyond 100 %, rate at which vehicle would be provided should be negotiated with the
Original L1 bidder. These additional vehicles to be provided by the bidders shall be also distributed in same
fixed ratio of 70:30 (L1:L2). Negotiated rate would be applicable to all the vehicles to be provided by the
bidders. Negotiation shall take place before issue of the Letter of Award by OMECL.
In case, any one of the bidders expresses inability to provide vehicle requirement within/beyond increase
of 100 %, OMECL at its sole discretion may decide to reallocate the number of vehicles among the bidders.
Contract may also be terminated in case both the bidders express their inability to provide additional
vehicles within/beyond increase of 100 %. In such case, bidder shall inform OMECL in writing about their
inability to provide vehicle as per OMECL’s requirement.
Note: Original L1, L2 bidders are the technically qualified bidders who had submitted the lowest price bid
and second lowest bid respectively.
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4 BIDDER’S ELIGIBILITY CRITERIA: Bidders intending to participate must fulfill the following eligibility criteria
# Criteria Required Documents
1. Bidder shall be any one of the following: i A company within the meaning of
Companies Act, 1956 or 2013 or ii Partnership firm registered under the
registered Partnership Act 1932 or iii A Limited Liability Partnership under
Limited Liability Partnership Act of India, 2008
iv Proprietorship firm
The bidder should submit Certificates of Incorporation, Memorandum of Association and Articles of Association, Partnership deed, Registration Certificates, ownership proof and other documents as applicable.
2. The bidder shall be a Travel Agency having minimum 12 no. of passenger cars/SUVs with Taxi Permit under its control.
Documents in support of possession of minimum 12 (twelve) nos. of Passenger cars/SUVs with Taxi Permit is mandatory for Qualification. The list of Vehicles with Make, Model, Registration No. and authenticated photocopy of RC Book and other documents as applicable are to be enclosed by the bidder while submitting its bid. Besides in case the bidder has entered into an agreement with any vehicle owner to use its vehicle, then the copies of such agreements between the Owner(s) of the vehicles and the bidder agency shall be furnished by the bidder while submitting its bid.
3. The bidder must have experience of supplying vehicles to Govt. Organization/PSU/ Large private bodies ( A company within the meaning of Companies Act, 1956/2013 or Partnership firm registered under the registered Partnership Act 1932 or A Limited Liability Partnership under Limited Liability Partnership Act of India, 2008) in last 3 financial years (FY 2017-18 to 2019-20).
The bidder shall submit the proof certified by the client to the effect that it has the experience of supplying vehicles to Govt. Organization/PSU/ large private bodies ( A company within the meaning of Companies Act, 1956/2013 or Partnership firm registered under the registered Partnership Act 1932 or A Limited Liability Partnership under Limited Liability Partnership Act of India, 2008) in last 3 financial years (FY 2017-18 to 2019-20).
4. Must have a minimum Annual Turnover of Rupees One Crore during any one of the last three financial years (FY 2017-18 to 2019-20).
The copy of Audited Balance Sheet and Profit Loss Account in support of Bidder’s minimum Annual Turnover of Rs.1 Crore (Rupees One Crore) only during any one of the last three years (FY 2017-18 to 2019-20). In case the audited Balance Sheet & Profit Loss Account is not available, for the year 2019-20, the provisional Balance Sheet & Profit Loss Account certified by statutory auditor may be submitted
5. The Bidder should have valid PAN and GSTIN registration.
• Copy of PAN
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• Copy of GST registration certificate – REG 06.
6. The bidder must have submitted Income Tax Return for last three years i.e. FY 2017-18 to 2019-20
Authenticated copy of Income Tax Return for last 03 (three) years (FY 2017-18 to 2019-20) to be attached.
7. The Bidder should not have been banned/blacklisted by OMECL or any government agency or any PSU as on the date of submission of Bid
Declaration to this effect, as per the format given in Annexure VI
8. A power of attorney with due authorization in the name of the person signing the bid and Board resolution.
Original Power of Attorney Copy as per the format in Annexure VIII and Board Resolution
9. Tender Paper Fee Account payee Demand Draft drawn on any Scheduled or Nationalized Bank in favour of “Odisha Mineral Exploration Corporation Limited” payable at Bhubaneswar towards cost of tender document (Non-refundable) as per Clause No.5 (c).
10. Earnest Money Deposit (Bid Security)
Account payee Demand Draft drawn on any Scheduled Bank having branch at Bhubaneswar, in favour of “Odisha Mineral Exploration Corporation Limited”. payable at Bhubaneswar, towards Earnest Money Deposit (EMD) as at Clause No.5(d).
11. Bidder must submit their bank details Bank details along with a cancelled Cheque.
Note: Consortium Bids are not acceptable.
5 SUBMISSION OF BID: (a) The entire tender document is available in the OMECL’s website i.e. http://www.omecl.in.
The Bidder shall download the “Bid Document” and submit the same duly signed on each page.
The Bidder shall carefully check the specification and shall satisfy itself regarding completeness of the
document.
Bids received after due date and due time shall not be considered and liable for rejection.
(b) The bidder shall submit its bid in two parts in separate sealed cover: Part-I: Cost of Tender Document & EMD/Bid Security, Eligibility Documents, Technical Part &
Commercial Part and any other relevant document Part-II: Price Bid
Part-I of the Bid submitted shall contain the followings:
i) Downloaded tender document (unpriced) signed at each page
ii) DD towards Cost of the bidding document as at Clause No. 5 (c).
iii) DD towards EMD Clause No. 5 (d).
iv) Techno Commercial Bid format completely filled in, as at Annexure-II.
v) Self-attested copy of documents as at Clause No. 4 above.
vi) Filled in Tender Compliance Sheet, as at Annexure-IV.
vii) Declaration by the Bidder - Annexure VI
viii) Power of attorney as per Annexure VIII
ix) Board resolution, if applicable
x) Any other relevant document as mentioned in this RfP
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These documents will be placed inside an envelope & sealed. Bidders shall clearly super scribe on the envelope the following information:
Part-I: Techno-Commercial Offer
NIT No.: 01/OMECL/2021
Due date & time: 23.06.2021.
From: Name & Address of the Bidder
Similarly, the Price Bid will be submitted as per the price bid format at Annexure-I. Bidders shall clearly super scribe on the envelope the following information:
Part-II: Price Bid
NIT No.: 01/OMECL/2021
Due date & time of opening: To be intimated
From: Name & Address of the Bidder
Both the envelopes will be placed inside the third envelope, which will be sealed and super scribed with the following information:
Tender document for hiring of vehicles through agencies for OMECL for a period of 05 years NIT No.: 01/OMECL/2021
Name, Address of the bidder and of the addressee
This will be submitted to the office of the following so as to reach his office on or before 23.06.2021
by 5.00 PM.
Director (Geology)
Odisha Mineral Exploration Corporation Limited
3rd floor, Boyan Bhawan, Unit-3,
Pandit Jawaharlal Nehru Marg,
Bhubaneswar, 751001, Odisha
(c) Cost of Tender Paper: The Tenderer has to submit an Account Payee Demand Draft drawn on any
Nationalized/ Scheduled Bank in favour of “Odisha Mineral Exploration Corporation Limited” , payable
at Bhubaneswar for Rs.5,900/- (Rupees Five Thousand Nine Hundred) only inclusive of GST towards
cost of the tender documents( Non-refundable) along with Techno Commercial Bid.
The Bidders, who are exempted to deposit Tender Paper Fee due to any exemption granted by the
Government of Odisha, are required to attach scanned copy of relevant documents evidencing such
exemption granted, along with the Techno-commercial Bid document. The Bidders, who does not
submit Tender Paper Fee claiming exemption but does not submit relevant document, is ineligible for
bidding and such bid shall be summarily rejected.
(d) Earnest Money Deposit (EMD):
i) The bidder shall deposit Rs.50,000/- (Rupees Fifty Thousand) only by way of an Account Payee
Demand Draft drawn on any Nationalized/ Scheduled Bank in favour of the “Odisha Mineral
Exploration Corporation Limited”, payable at Bhubaneswar towards EMD against this work. The
bidder shall not be permitted to withdraw his offer or modify the terms & conditions thereof. In case,
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the bidder fails to observe and comply with the stipulations made herein or backs out after quoting
the rates, the EMD will be forfeited. No interest shall be paid on the amount of EMD, deposited
against this tender.
The Bidders, who are exempted to deposit EMD amount due to any exemption granted by the
Government of Odisha, are required to attach scanned copy of relevant documents evidencing such
exemption granted, along with the Techno-commercial Bid document. The Bidders, who does not
submit EMD amount claiming exemption but does not submit relevant document, is ineligible for
bidding and his bid shall be summarily rejected.
ii) Return of EMD: The EMD along with the unopened price bid of the technically disqualified bidders
will be returned within a month after evaluation of Techno-commercial Bid. However, the EMD of the
bidder/bidders found successful will be returned after submission of Performance Security along with
the bidder’s acceptance of the LoA. But the EMD of those unsuccessful bidders will be returned
within a month after signing of the agreement with the successful bidder/bidders.
iii) Forfeiture of EMD: The EMD shall be forfeited under the following circumstances:
1. If a bidder withdraws his bid during the period of bid validity
2. If the successful bidder fails to sign the Agreement
3. If the successful bidder fails to provide the vehicle within the stipulated days of award of LoA.
(e) All correspondences with regards to this tender enquiry shall be made at the following
address:
Director (Geology)
Odisha Mineral Exploration Corporation Limited
3rd floor, Boyan Bhawan, Unit-3,
Pandit Jawaharlal Nehru Marg,
Bhubaneswar, 751001, Odisha
E-mail: [email protected]
Telephone No.: 0674-2399914
(f) Pre-bid meeting
Applicants may seek clarification on this Tender document. Any request for clarification must be
sent to [email protected] in below format.
S.no Page No Clause No/Point
No
Original clause as
per tender document
Bidder’s query
A pre-bid meeting shall be organized by OMECL; the date and time of the pre-bid meeting is indicated
in the Data sheet. Queries received after the last date for sending queries may not be considered by
OMECL. The responses to the queries received shall be published by OMECL on its website.
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Bidders wishing to attend the pre-bid meeting should inform OMECL by email (Refer Data Sheet),
along with the names and email ids of the officials/ representatives of the Bidder who would be
attending the meeting, at least 1 (one) working days before the pre-bid meeting.
However, attendance of the Bidders at the pre-bid meeting is not mandatory. A maximum of two
officials/ representatives from each bidder will be allowed to attend the pre-bid meeting. All costs of
the Bidder related to attending the pre-bid meeting shall be borne by the Bidder.
The participating Bidder shall be deemed to have full knowledge of the role and responsibilities of the
work, whether it attended pre-bid or not.
6 OPENING OF BIDS:
On the tender opening date Part-I (Techno-commercial Bid) shall be opened first. The offer received
without EMD/ Bid Security shall be rejected.
Bidders are expected to submit all necessary documents in support of fulfillment of Eligibility Criteria
as per Clause No. 4. However, in case any further document is found necessary for proper
assessment, the Bidder shall have to furnish the same within stipulated time from the date of intimation,
failing which the Bid will be considered as non-responsive & in-eligible and their offer will not be
processed any further.
The bids will be opened in presence of the bidders or their authorized representatives, who choose to
attend, on the date and time specified in Tender Documents or any other date which will be
communicated by OMECL sufficiently ahead of opening of the bids. In case the bidder opts to depute
its authorized representative, then the bidder has to issue authorization certificate as per the format at
Annexure-III to enable its authorized representative to participate in the bid opening process.
Attendance in Bid Opening is not Mandatory.
The Price Bid of those bidders qualifying in the Techno-Commercial evaluation process shall be
opened on a later date upon prior intimation to such qualified bidders.
7 EVALUATION OF TECHNO COMMERCIAL BID:
7.1 The OMECL shall evaluate the Techno-commercial Bids to determine whether they are complete, and
no computational errors have been made. The OMECL shall also determine whether required
documents have been furnished and the documents have been properly signed.
7.2 The OMECL may waive any minor infirmity or non-conformity or irregularity in a bid which does not
constitute a material deviation.
Material deviations in the bids received shall include, inter alia, the following:
i. The Techno commercial Bid or any accompanying document or Price Bid submitted by the
Bidder is not in accordance with the formats given in this tender document.
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ii. The Techno commercial Bid is not accompanied by all the documents required to be submitted
in terms of this tender document as per Clause 5 (b)
iii. The Techno commercial Bid included details of costs of the services
iv. The Tender Fee and EMD is not received by the Authority.
v. It does not contain all the information (complete in all respects) as requested in this tender document (in accordance with the formats provided in this tender document).
vi. The Techno commercial Bid is not accompanied by documentary evidence of the credentials of the Bidder(s).
vii. The Techno commercial Bid or Price Bid submitted by the Bidder is conditional or qualified.
viii. The bid submitted by the Bidder is not valid for the minimum bid validity period.
ix. It is otherwise substantially/materially in deviation of the terms and conditions of the tender document.
7.3 The Techno-commercial Bids will be evaluated in respect to their substantive responsiveness or
otherwise. Thereafter, OMECL shall open the Price bids of only those bidders whose Techno-
commercial Bids are found to be qualifying in the evaluation.
7.4 The Techno-commercial Bids shall be evaluated strictly on the basis of the eligibility conditions of the
tender document. If any bid does not conform to any of the eligibility conditions, that will be summarily
rejected.
7.5 The bids, which are found responsive, shall be considered for opening of the Price Bids.
7.6 No post bid clarifications shall be entertained.
7.7 OMECL reserves all right to accept/reject any bid at any stage of tender process without
assigning any reason thereof.
8 EVALUATION OF PRICE BID:
(a) The bidder has to quote its rate as per the price bid format as at Annexure- I of this document. The
following procedure shall be followed by OMECL for evaluation of the bids found techno-
commercially acceptable:
STEP-1: CONSIDERATION OF WEIGHTAGE ON TYPE OF VEHICLE:
(I) WEIGHTAGE FOR “MONTHLY BASIS”
Sl. No.
Name of the vehicle
Rate quoted by the bidder
(monthly hire charge)
Applicable weightage
1 Category I R1 0.70
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Swift Dzire (AC) or *equivalent.
*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
2 Category II Toyota Innova (AC)
(II) WEIGHTAGE FOR “AS & WHEN REQUIRED BASIS
Sl. No.
Segment of vehicle
Name of the vehicle
Rate quoted by the bidder
(per KM hire charge)
Applicable weightage
1
Category I
Swift Dzire (AC) or *equivalent.
*Equivalent- Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
R2 0.30
2 Category II Toyota Innova (AC) R3
3 Category III Mahindra Scorpio (AC) R4
4 Category IV Mahindra Bolero (AC) R5
STEP-2: FINANCIAL BID EVALUATION:
(I) EVALUATION FORMULA TO FIND L1, L2, L3:
Overall Evaluation point= R1*0.70+ 50*0.7*0.3*(R2+R3+R4+R5)
360
Where, R1, R2, R3, R4, R5 are as indicated in the above table.
(II) Decision Rule: Lowest evaluation Point among the bidders will be the L1 bidder and the second
lowest point will be the L2 bidder and so on.
(III) In case of a tie between two or more bidders, preference will be given to the bidder having highest
annual turnover in any one year during last three years (FY 2017-18 to 2019-20).
9 NEGOTIATION:
OMECL reserves the right to negotiate with the L1 bidder. The bidder is to produce all the Original
Documents of the vehicle for verification by the designated official of OMECL.
10 COMMUNICATION OF ACCEPTANCE: The successful bidder/bidders will be informed of the acceptance of his tender by way of “LoA” (Letter
of Award). The Successful Bidder shall have to acknowledge and accept the “LoA” by returning a
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signed copy of the “LoA” within a period of 7 (seven) days of issue thereof, along with submission of
the Performance Security.
If after award of the “LoA”, the service provider does not acknowledge the receipt of award or fails to
furnish the Performance Security within the prescribed time limit (as the case maybe), the OMECL
reserves the right to cancel the “LoA” and forfeit the EMD.
The selected bidder/ bidders will have to provide the vehicles from the date intimated through
the LoA issued by OMECL.
11 SIGNING OF AGREEMENT:
After acceptance of LoA by the Agency and on submission of Performance Security an Agreement
will be signed with the successful bidder/bidders on the non- judicial stamp paper valued Rs.100
(Rupees One Hundred).The invoices of the selected agencies will not be processed unless the
agency/ agencies sign the agreement with OMECL.
While signing the agreement, the selected bidder/bidders will have to submit an Affidavit to take full
responsibility and fulfillment of all statutory matters as per the format at Annexure-V of this document.
12 PERIOD OF CONTRACT:
The period of contract shall be for a period of 05 years from the commencement of the Contract which
shall be communicated by OMECL to the successful bidder/bidders in the LoA. Initially the Contract
shall be awarded for one year which shall be renewed for successive years- i.e. the 2nd ,3rd ,4th and
5th year based on the satisfactory performance of the selected bidder/bidders and at the sole
discretion of OMECL.
13 TERMINATION OF CONTRACT:
If the service provider fails to fulfil the terms and conditions of the Service Order / Agreement which
are spelt out in the Tender Document, OMECL shall have the right to terminate the Service Order /
Agreement and award the total or balance work (if any) to any other service provider at the risk and
cost of the said service provider after giving 30 days’ notice to the service provider as to why the said
work shall not be awarded to another entity at his risk and cost. Further the Service Order/Agreement
could be terminated if
13.1 In case of any default by the successful bidder/bidders with regard to any of the terms and
conditions of the agreement, OMECL may without prejudice to any other right or remedy which
shall have occurred or shall occur thereafter, terminate the contract, in whole or in part by giving
30 days’ notice in writing to the Agency.
13.2 There is a force-majeure situation,
13.3 Service provider has given false declaration or document including affidavit,
13.4 There is conflict of interest between OMECL & service provider during the Service Order /
Agreement execution,
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13.5 The service provider defaults in proceeding with the work and/or in complying with any of the terms
and conditions, stipulated in the Service Order / Agreement,
13.6 The service provider or firm or any of the partner represented by the service provider, in the subject
Service Order / Agreement is adjudged as Insolvent by the concerned authority and further if the
Service Provider has been wound up and dissolved,
13.7 The service provider assigns/transfers/sub-lets the entire work or a portion thereof without the
approval of the Competent Authority,
13.8 The service provider offers to give or agrees to give gift or any other consideration tangible or
intangible, as inducement or reward for seeking or offering benefits in the Service Order /
Agreement as the case may be,
13.9 A court order or an order of a competent statutory forum is received in respect of the Service under
consideration of the Service Order / Agreement.
13.10 Agency is an individual or a proprietary concern and the individual or the proprietor dies
13.11 All instructions, notices and communications etc. under the contract issued in writing and sent to
the last known place of business, shall be deemed to be have been delivered to the Agency even
in ordinary post. Notwithstanding anything contained herein OMECL also reserves the right to
Terminate the contract at any time or stage during the period of contract, by giving 30 days’ notice
in writing without assigning any reason and without incurring any financial liability whatsoever to
the selected bidder/bidders and in such case the Performance Security deposited shall be returned
to the selected bidder/bidders.
13.12 In case the selected bidder/bidders withdraw during the first year of the contract period, the
Performance Security shall be forfeited & it shall not be allowed to participate in any tender for the
next three years. However, if the agency withdraws from the contract within any time during the
next four years of the contract period, penalty by way of forfeiture of Performance Security Deposit
shall be imposed.
13.13 In case the selected bidder/bidders intend to withdraw the services of his vehicle and terminate the
agreement, it shall be mandatory upon him to grant one-month notice such withdraw of service and
termination of agreement.
Termination of the agreement shall not relieve the service provider of any obligations which
expressly or by necessary implication survives termination. Except as otherwise provided in any
provisions of the agreement expressly limiting the liability of the service provider, shall not relieve
the service provider of any obligations or liability for loss or damage to OMECL arising out of or
caused by acts or omissions of the service provider prior to the effective date of termination or arising
out of such termination. Even if Service Order / Agreement is terminated/abandoned prematurely,
OMECL reserves the right to deduct/impose penalties and shall remain indemnified, till such time all
or any such claims are suitably addressed. OMECL reserves the right to appropriate the
Performance Security, as a genuine pre-estimated damage suffered by OMECL for the non-
performance by the service provider. OMECL may also impose further penalties on the service
provider such as holidaying/banning/blacklisting for a specific period of time. In all such cases, the
decision of OMECL shall be final.
14 PERFORMANCE SECURITY:
(i) The amount of the Performance Security is INR 3,00,000/- (Rupees Three Lakhs Only including
GST) as indicated in the Data Sheet. The Selected Bidder shall submit the Performance Security
at Head Office, OMECL upon issue of LoA within a period of 7 (seven) days. Performance
16
Security shall be in the form of a Bank Guarantee(BG) from any Nationalised/ Scheduled Bank
invocable at their branch in Bhubaneswar as per the format given in Annexure VII. Performance
Security in the form of BG should be operable for invocation at any Nationalized/ Scheduled bank
at Bhubaneswar.
(ii) The Performance Security shall remain valid for 15 (fifteen) months for each contractual year
from the start of each year. The performance security shall be recalculated for the subsequent
contract years. The revised Performance Security amount shall be the maximum of
a. 10 % x {Annual approved invoice amount (excluding taxes) of the Service Provider in
the previous contractual year};
b. INR 3,00,000 (Rupees Three Lakh only)
(iii) the service provider shall then provide the Performance Security of the revised amount within 15
(fifteen) days of the start of the relevant contract year. Upon submission of the Performance
Security of the revised amount and acceptance of the same by OMECL, the previous
Performance Security shall be returned.
(iv) The Final Performance Security shall be released after a period of 3 (months) post completion of
the contract period, as evidenced by issue of completion certificate by OMECL designated officer.
Also, the service provider shall submit a No-claim Certificate to OMECL stating that the service
provider shall have no other claim against the Agreement, other than the Performance Security.
(v) In case of bidders who have availed exemption to pay EMD under Clause No.5(d), if selected, they
will also have to deposit required Performance Security.
(vi) The Performance Security can be forfeited by the OMECL in the event of any breach or negligence
or non-observance of any Terms/conditions of contract or for unsatisfactory performance.
15 GENERAL CONDITIONS FOR HIRING AND RUNNING & MAINTENANCE OF
VEHICLE ENGAGED:
15.1 For vehicles provided on “Fixed Monthly Charge Basis”, the vehicles are required to be in service/
operation for a minimum of 12 hours daily. The vehicles will be utilized as per the time schedule
and instructions of Authorized representative of OMECL. The vehicles will be kept in good running
conditions at all times by the selected bidder/bidders. Procurement of fuel, lubricants spares etc.
will be arranged by the selected bidder/bidders at its own cost. Fuel expense reimbursement as
applicable will be done by OMECL. Maintenance, repair, frequent checkup, servicing, overhauling,
payment of wages to driver etc. will be the responsibility of the selected bidder/bidders. The
selected bidder/bidders must submit authenticated photocopies of documents such as RC Book,
Insurance Certificate, Taxi Permit, Name, Contact Number, & Driving License of the driver deployed
etc. in respect of the vehicles to be provided to OMECL on monthly hiring basis.
15.2 Normal maintenance kit, first-aid box, one torch light and one umbrella shall be always made
available with the vehicle by the selected bidder/bidders at their own cost. The selected
bidder/bidder shall ensure proper functioning of speedometer of the vehicles deployed for correct
17
recording of KM run during OMECL duty. Any deviation/ tampering of meter reported will be viewed
seriously and OMECL will take penal action as deemed fit.
15.3 The selected bidder/bidders have to make his own arrangement to procure fuel, spare parts and
repairs etc. In case the vehicle is sent to Garage or Petrol Pump, the selected bidder/bidders cannot
claim for the mileage covered and time consumed for the purpose.
15.4 Payment under schedule of rates is applicable only after reporting of the vehicle at Head Office of
the OMECL, Bhubaneswar or any specified place.
15.5 The vehicle must possess valid original RC Book, Insurance certificate, Pollution Certificate, Road
Permit, Taxi Permit and Driving License as required under law and other documents as applicable.
On demand for verification by OMECL Officials, the driver shall produce these documents.
15.6 The Contractor/ Travel Agency will not refuse to send the vehicle to any place as directed by the
authorized representative of OMECL. Defaults in this regard shall be recorded and intimated.
15.7 The selected bidder/bidders shall be responsible for proper behavior of all the persons employed
by it/them. Without prejudice to the generality of above, the selected bidder/bidders shall be bound
to prohibit and prevent any employee from being intoxicated while on duty, trespassing or acting in
any way detrimental or prejudicial to the interest of the Corporation.
15.8 The selected bidder/bidders shall designate one/two responsible persons with landline phone No.
and active Mobile No. and E-mail ID, who shall be contacted by the authorized representative of
OMECL, regarding deployment of vehicle on a day to day basis.
15.9 The selected bidder/bidders will comply with all statutory provisions of law and keep the OMECL
indemnified against all actions arising due to or act of the contractor/ his employees.
15.10 All taxes and insurances presently in force or to be levied in future during the contractual period in
respect of the vehicles shall have to be entirely borne by the selected bidder/bidders. Proof of
having paid all taxes, insurances etc. shall be furnished on demand.
15.11 The selected bidder/bidders shall have valid permit as per statutory provisions. All such vehicles
which are required to go to outside the State, the selected bidder/bidders must prepare the valid
permit for the vehicle in advance and such expenditure on this account will be borne by the selected
bidder/bidders and the same will not be reimbursed by OMECL.
15.12 The selected bidder/bidders shall comply with all relevant Rules and regulations of Motor Vehicle
Act, and other laws as applicable at present and may be enforced from time to time. The selected
bidder/bidders will abide by all Statutory Law & Rules applicable in this Contract.
15.13 Drivers driving the vehicles must have valid professional Driving License/ Badge as provided under
the Motor Vehicle Act.
15.14 During the contractual period if the vehicle is seized or detained or requisitioned by the Government
Authorities for non-compliance of relevant Acts/ Statutory requirements etc. or for any reason
18
whatsoever, the selected bidder/bidders has to provide a substitute vehicle immediately, failing
which, penalty/ compensation as determined vide Clause No.16 will be applicable, besides the
liability to provide for alternative vehicles without any loss of time.
15.15 The vehicles shall be equipped with seat belts both on front and back seats.
15.16 The speed of driving shall be within the limit indicated at various sections of the road/ highway. The
driver shall comply with the requests from the officer/ passenger travelling in the car to reduce the
speed, if exceeding the limits.
15.17 The selected bidder/bidders shall furnish safe pick up at the designated places by providing
sufficient proof of identify to ensure the right person is met.
15.18 All drivers will be in uniform with shoes. Pattern of the uniform and shoes will be decided by the
selected bidder/bidders.
15.19 In case, it is observed that some Bidders have joined hands to form a cartel, those bidders will be
disqualified and blacklisted.
15.20 To cater to the timely requirement, OMECL shall assign the job, to more than one bidder, but limited
to 2 bidders provided they agree to the L1 rate. However, the work will be distributed among the
vendors as per the discretion of the management keeping the interest of the Original L-1 bidder in
mind in the ratio as mentioned in the scope of work. In case two or more agencies are not available
during the tender process, OMECL management has the discretion to allot the work to the single
bidder.
15.21 The selected bidder/bidders shall assign the job of driving of the hired vehicle only to qualified and
expert licensed drivers and also assumes full responsibility for the safety and security while driving.
Any direct or indirect liability arising out of negligent, rash and impetuous driving and any loss
caused to the property of OMECL have to be suitably compensated by the Agency. OMECL shall
not bear any tortuous liability, vicarious or otherwise for want of any reasonable case or caution on
the part of the drivers in the act of driving or use for illegal purpose of the vehicle engaged/supplied
to OMECL.
15.22 Besides others, the selected bidder/bidders of the Vehicle shall be liable for the followings. (i)
Damage caused due to any accident of the vehicle (ii) Payment for any legal action/Court Cases
of compensation payable arising out of any act of the vehicle. (iii) Payment of taxes/surcharges
levied by Central/State Govt. (iv) compensation to their employees in case of accident as per
Workman’s Compensation Act and other law as applicable.
15.23 The selected bidder/bidders shall pay the wages not less than the Minimum Wage of the respective
drivers/workers engaged for the purpose corresponding to the nature of work.
15.24 The selected bidder/bidders shall be fully responsible to comply with all his statutory obligations as
employer including all contributions under P.F. and Pension Scheme (EPF) etc. under the
Employees’ Provident Fund and Misc. Provision Act, 1952, Employees’ Deposit Linked Insurance
(EDLI), Employees’ State Insurance Act, 1948, etc. and all other such obligations/liabilities in
19
respect of their labour engaged by them for the job undertaken under the contract as per applicable
statutory provisions/ law and Government Notifications, and will take full liability on this account.
OMECL will not take any financial liability on this account. The selected bidder shall have to submit
an affidavit to this effect as per the format at Annexure-V, while signing the agreement.
15.25 The selected bidder/bidders shall be responsible to make payment of Retrenchment
Compensation/bonus to their drivers/workers as per statute.
15.26 In case of emergency, the driver will have to report for duty as per the requirement of hirer including
on holidays. No extra payment shall be demanded for the same.
15.27 Monthly hire charges and reimbursements towards cost of fuel (as per actual) of selected
bidder/bidders will be made in every succeeding month, as far as possible within 30 (Thirty) days
of the submission of bills by the selected bidder/bidders and no advance payment will be made.
15.28 The vehicle must have been purchased on or after 01.02.2020 and also in good running condition
during the period of contract.
15.29 If the services are found to be unsatisfactory the OMECL shall give one-month notice and terminate
the agreement.
16 COMPENSATION & PENALTY: 16.1 For vehicles to be provided on fixed monthly charges basis, the vehicle shall remain in service for
a minimum of 12 hours duty per day. In case of non-reporting of the vehicles, the selected
bidder/bidders shall provide replacement by an equally good vehicle immediately, failing which
OMECL will treat the vehicle not-on-job for the aforesaid period and will deduct twice the rate per
day for the absent period without prejudice to any other rights under the contract including
termination and consequences. In such a case, OMECL reserves the right to get the vehicle
through other agencies.
16.2 For vehicles to be provided on “As and When Required Basis”, if the selected bidder/bidders fails
to provide the vehicles as enumerated in the Agreement/ Order, OMECL reserves the right to get
the vehicle through other agencies laying a penalty of Rs.1000/- for non-supply/ refusal to
supply of vehicle per occasion.
16.3 If the selected bidder/bidders fails to provide vehicles(s) on at least 04 (four) number of occasions
per year, then OMECL has the discretion to reduce its share of business and allot the same share
to Agency/Agencies whose performance is better or may be distributed between the other parties
.
16.4 The Corporation reserves the right to terminate the contract, if the selected bidder/bidders fail to
provide vehicles on more than 10 (ten) number of occasions per year of contract. In such cases,
the Performance Security of the concerned bidder will be forfeited besides imposition of penalty as
per Clause No.16.1 & 16.2 above.
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17 MAINTENANCE OF LOGBOOK FOR VEHICLES TO BE PROVIDED ON FIXED
MONTHLY HIRE BASIS:
17.1 The Logbook of the respective vehicle shall be maintained on day-to-day basis by the selected
bidder/bidders to record details of use of vehicle(s) & KM run. At end of the day the concerned
official availing the service/ Authorized representative of OMECL shall sign the logbook
authenticating the journey & KM recorded in the logbook. For this the logbook of a month will be
kept in the vehicle. The KM run for OMECL duty (as per logbook) of a month will be the basis for
claiming reimbursement of cost of diesel. The selected bidder/bidders shall submit relevant
logbooks within the first week of following month for verification & records. The selected
bidder/bidders can keep a duplicate copy of logbook for his record. Authorized representative of
OMECL may verify the logbook of a vehicle at any time during duty.
17.2 The selected bidder/bidders shall ensure perfect functioning of speedometer in all vehicles. It/they
shall arrange to repair/ replace the speedometer within 24 hours without any failure. In case the
speedometer of the vehicle does not function for a specific period, the distance covered by the
vehicle for any purpose shall be assessed by the Authorized representative of OMECL whose
decision shall be final and binding.
18 PROCEDURE AND MAINTENANCE OF RECORD FOR VEHICLES HIRED ON
“AS AND WHEN REQUIRED BASIS”:
All the vehicles hired on “As and When Required Basis” will report for duty to concerned officials as
directed by Authorized representative of OMECL timely as per duty requirement. The starting time &
initial KM recording duly recorded in the duty slip shall be produced by the driver at the time of
reporting for verification to the user official. Similarly, after completion of journey/ return from duty,
the driver will produce the duty slip to the user official for recording the final KM reading and duration
(in hour and date) of the journey performed and certifying the mileage and duration of the journey
performed. The Agency will produce the duty slips of the journey made during a week in the
succeeding week to the HO official nominated for this purpose for necessary checking. Thereafter he
will countersign the duty slip and return it to the Agency for billing purpose.
19 PAYMENT OF BILLS:
19.1 For the vehicles to be provided on “As and When Required Basis”, the bill for the duty made in a
month shall be submitted by the 7th of the succeeding month by the Agency to Authorized
representative of OMECL. Bill shall be prepared/ raised as per GST Acts & Rules at the approved
rate based on the time and KM of each journey as per duty slip. The countersigned duty slip shall
be enclosed with the bills. The Toll Gate charges/ Airport Parking charges and other legitimate
parking charges will be reimbursed by OMECL. The original receipt/proof of payment shall be
enclosed along with the bills.
19.2 For the vehicles provided on “Fixed Monthly Charges Basis”, the bills will be paid once in a month.
The selected bidder/ bidders are required to submit the monthly bills as per GST Acts & Rules
claiming monthly hire charges and cost of diesel at prevailing price for quantity of diesel at
21
contractual rate for the KM run as per the log book of the vehicles during the month with applicable
GST and any other relevant original documents for reimbursement of legitimate parking/ Toll Gate
charges, by the 7th of the succeeding month to Authorized representative of OMECL .
19.3 Payment will be made within 30 days from the date of submission of bills to OMECL by NEFT/
RTGS if those are complete in all respects and are found to be in order and after effecting any
deductions under the contract.
19.4 TDS will be deducted from the bills as per I.T. Rules.
19.5 In case of non-fulfillment of any obligation under the Contract or Law, the Authorized representative
of OMECL reserves the right to withhold payments due, to the selected bidder/bidders.
19.6 The Service provider agrees to and, hereby accepts full and exclusive liability for payment of any
and all taxes, duties, charges and levies as per the Applicable Laws as applicable for the Scope of
Supply in accordance with the provisions of this Service Order / Agreement. In case it is increased
or decreased under any statute, rules, regulations, notifications, etc. of any Authority, the impact
shall be to the account of OMECL subject to submission of documentary evidence to the
satisfaction of OMECL.
19.7 In case any fresh tax is imposed by any Authority under any Applicable Law during the Contract
Period, the Service provider shall deposit the same to the appropriate Authority which shall be
reimbursed by OMECL on actuals and upon submission of documents evidencing such payment.
19.8 Obligations relating to Goods and Services Tax (GST)
i. The service provider should have registration under GST Acts
ii. The service provider has to raise Invoice as required under section 31 of the GST Act and
relevant Rules made there under.
iii. The Invoice should contain the following particulars as required under Rule 46 of CGST
Rules;
a. Name, address and Goods and Services Tax Identification Number of the
Supplier;
b. A consecutive serial number not exceeding sixteen characters, in one or multiple
series, containing alphabets or numerals or special characters- hyphen or dash
and slash symbolized as “-” and “/” respectively, and any combination thereof,
unique for a financial year;
c. Date of its issue;
d. Name, address and Goods and Services Tax Identification Number or Unique
Identity Number, if registered, of the recipient;
e. Harmonized System of Nomenclature code for goods or SAC code for services;
f. Description of goods or services;
g. Quantity in case of goods and unit or Unique Quantity Code thereof;
h. Total value of supply of goods or services or both;
i. Taxable value of the supply of goods or services or both taking into account
discount or abatement, if any;
j. Rate of tax (Central tax, State tax, integrated tax, Union territory tax or Cess);
22
k. Amount of tax charged in respect of taxable goods or services (Central tax, State
tax, integrated tax, Union territory tax or Cess);
l. Place of supply along with the name of the State, in the case of a supply in the
course of Inter-State Trade or Commerce;
m. Address of delivery where the same is different from the place of supply;
n. Whether the tax is payable on reverse charge basis; and
o. Signature or digital signature of the supplier or his authorized representative.
iv. The service provider should file the GST Returns as required in the GST Acts, and details of
Invoice submitted to OMECL and GST amount charged thereon should reflect in Form
GSTR-2A within a reasonable time, so as to make OMECL enable to take Input Tax Credit
(ITC) of the GST amount paid against those Bills.
v. If due to any reason attributable to the service provider, Input credit of the GST amount paid
on Invoices raised by the service provider is not available to OMECL/denied by the dept. then
the same will be recovered from the payments of the service provider or the service provider
has to deposit an equivalent amount.
vi. The service provider has to comply with all the Provisions of GST Acts, Rules and
Notifications issued there under.
vii. The service provider will comply with the "Anti profiteering Measure" as required under
Section 171 of the CGST Act.
viii. The service provider hereby undertakes to indemnify OMECL, from any liabilities arising in
future due to noncompliance by the service provider of the GST Acts, Rules and any other
Acts currently in force and applicable to the service provider in relation to the job assigned to
the service provider by OMECL.
19.9 Direct taxes
TDS as applicable shall be deducted under Income Tax Act,1961 and certificate of deduction shall
be provided by OMECL to the Service provider in accordance with the provisions of Income Tax
Act,1961.
19.10 In case of Public Strike, OMECL shall not be liable to make any payment towards retention charges
for the period of absence nor shall be liable for any other claims.
19.11 OMECL shall be at liberty to reject the vehicles found defective during duty time in which case the
selected bidder/bidders shall be liable for all consequences and penalty.
19.12 One representative of the selected bidder/bidders shall report to the Authorized representative of
OMECL at least once every day for collecting reports and providing vehicles requirement. He
should produce the duplicate copies of the duty slip to the Authorized representative of OMECL on
the following day of the completion of the journey.
19.13 For hiring of vehicles for out station duty, the journey hours will be determined by the actual
kilometer covered divided by fifty KM per hour. Accordingly, the detention hour will be calculated,
after deducting journey hours from the total hours of the vehicles used. Refer Appendix-I for
illustration.
19.14 OMECL will not pay for the distance covered by the vehicle from the office of the selected bidder
to the Head Office of OMECL.
23
19.15 The selected bidder/bidders shall provide vehicles to the OMECL, Bhubaneswar on “As and When
Required Basis” only on getting the written or telephonic requisition from the Authorized Officials of
OMECL.
19.16 The Drivers of the vehicles of the Owner/ Travel Agencies are required to pay the incidental
expenses like Parking charges, Toll tax and Entry fees etc. during their duty period directly and the
same may be claimed for reimbursement along with the bills on production of Original Receipts.
20 ESCALATION/DE-ESCALATION OF CONTRACT PRICE: (a) Vehicles utilized on Fixed Monthly Hiring Basis:
i) Monthly hire charge: There will be no escalation on the charges during the contract period
ii) Reimbursement of cost of fuel by OMECL: As per the prevailing HSD rate at IOCL, Bhubaneswar
and hence the cost will be reimbursed at actual.
(b) Vehicles utilized on “As and When Required Basis”:
For such deployment the escalation/de-escalation of the per KM rate will be made on monthly basis,
basing on the diesel price at IOCL, Bhubaneswar Branch on the 15th day of the corresponding
month as per the following formula:
Escalation amount shall be = P1 – P0 x 30 x Awarded KM rate
P0 100
In case of increase/decrease in fuel price (Diesel) escalation/ de-escalation amount shall be paid/
deducted as follows:
• P0: Base rate of Diesel shall be the market rate as notified by IOC Branch, Bhubaneswar on the
bid due date.
• P1: Rate of Diesel notified by the IOC Branch, Bhubaneswar prevailing on 15th day of that month
21 ADDITION OR DELETION OF SCOPE:
The Scope of the Work/ Services may be altered, in quantum, depending on exigencies of Work.
Accordingly, OMECL will intimate the selected bidder/bidders with a minimum notice period of 7 days.
The selected bidder/bidders shall accordingly provide services as may be required by the Authorized
representative of OMECL.
22 FORCE MAJEURE:
22.1. Force Majeure Event” means any event or circumstances or combination of events or
circumstances which:
A) Are beyond the reasonable control of the Party affected by such event (the Affected Party);
and cannot by exercise of reasonable diligence, reasonable precautions and reasonable
alternative measures (where sufficient time to adopt such precautions or alternative
measures before the occurrence of such event or circumstances is available), be prevented
or caused to be prevented;
24
B) Materially and adversely affects such Party’s performance of its duties or obligations or
enjoyment of its rights under this Service Order / Agreement.
22.2. As soon as practicable and in any case within 7 (seven) days from the date of occurrence of a
Force Majeure Event or the date of knowledge thereof, the Affected Party shall notify the other
Party of the same, setting out the details of the Force Majeure Event.
22.3. If the Affected Party is rendered wholly or partially incapable of performing any of its obligations
under this Service Order / Agreement because of a Force Majeure Event, it shall be excused from
performance of such obligations to the extent it is unable to perform the same on account of such
Force Majeure Event.
22.4. Any delay in or failure of performance by either party to the contract shall not constitute default or
give rise to any claims for damages/ compensation against said party if & to the extent caused by
matters beyond the control of said party including but not limited to, acts of God, general strikes or
other concerned acts of workmen, lockouts, fires, floods, explosions, riots, war (declared on
undeclared), rebellion, sabotage, extra ordinary severe weather and civil commotion.
22.5. If a Force Majeure Event described above, in the reasonable judgment of the Parties, is likely to
continue beyond a period of 6 (six) months or any other period as stipulated in the NIT, the parties
may mutually decide to terminate the Service Order / Agreement or continue the Service Order /
Agreement on mutually agreed revised terms.
23 RIGHT TO RISK PURCHASE: If the Agency fails to fulfill the terms and conditions of the contract, OMECL shall have the right to
procure the services from any other agency for execution/completion of the contract and recover from
the Agency all charges/expenses/losses/damages suffered by OMECL, at the risk and cost of the
Agency after giving 15 days’ notice to the Agency. This will be without prejudice to the rights of OMECL
for any other action including termination.
24 DISPUTE RESOLUTION:
Any dispute, difference or controversy of whatever nature howsoever arising under, or out of, or in
relation, to this tender or the Service Order / Agreement (including its interpretation) between OMECL
and the service provider, and so notified in writing by either party to the other party shall, in the first
instance, be attempted to be resolved amicably and the parties agree to use their best efforts for
resolving all disputes arising under or in respect of this tender promptly, equitably and in good faith. In
the event of any dispute between the parties, it is agreed that a discussion shall be held between the
service provider and OMECL within 7 (seven) days from the date of reference to discuss and attempt
to amicably resolve the dispute. If such meeting does not take place within the 7 (seven) day period
or the dispute is not amicably settled within 15 (fifteen) days of the meeting, the dispute, if referred to,
shall be decided by the Civil Court of competent jurisdiction at Bhubaneswar. There shall be no
arbitration between the Parties. The provisions of Arbitration & Conciliation Act, 1996 as amended
from time to time, shall have no application to the present work.
25
25 JURISDICTION/ GOVERNING LAWS: This Service Order / Agreement shall be construed and interpreted in accordance with and governed
by the laws of State and Central Government in force in India. The Courts at Bhubaneswar shall have
exclusive jurisdiction over all matters arising out of or relating to this Service Order / Agreement.
26 STATUTORY LAWS: All prevailing statutory laws and regulation / acts and rules etc. as applicable to this contract shall be
complied by the agency/ service provider. In case of failure to do so, OMECL may at its discretion
ensure compliance directly on its behalf and recover the expenses including penalties and/or takes
such action as deemed fit at service provider’s risk and at agency/ service provider ‘s cost. The agency/
service provider shall always keep the company indemnified against all dues, claims; payments of
benefits relating to the employees engaged by them and shall reimburse such money as may be
demanded by the company.
26.1. The agency/service provider shall engage manpower according to the statutory provisions
specified in several employment Acts and shall be responsible for compliance with the applicable
laws, amendment rules and regulations & order during the contract period.
26.2. In case the agency/service provider fails to observe and perform and discharge its / his obligation
under the applicable laws, OMECL shall recover from the service provider any cost or expenses
that it may have incurred or suffered on account of failure of the service provider.
26.3. The agency/service provider shall abide by the decision / recommendation / award of the labour
court/ industrial tribunal / wage board or commissions appointed by the appropriate authority and
shall arrange implementation of the decision / recommendation / award from time to time and
maintain such relevant records and registers as are required to be maintained under the Applicable
Laws including such legislation / award / decision and produce them before the OMECL and other
authorities as and when required under any Applicable Laws. The agency/service provider shall be
fully responsible for his workers with regard to terms of employment / non-employment and
condition of service. OMECL will not be held responsible in any manner whatsoever in respect of
the worker engaged by the service provider for carrying out the job in OMECL.
26.4. All the statutory liabilities and obligations should be taken into account while quoting of rate by the
service provider and payment to its workers to be made accordingly.
26.5. There will be no relationship of Employer – Employee between the OMECL and man-power
engaged by the service provider under the contract and no claim of employment will be entertained
or tenable. It shall be the responsibility of service provider to regulate and effect any terms of
employment with the engaged manpower without any liability whatsoever to the OMECL.
Signature of Tenderer
Address:
26
Annexure-I
PRICE BID
We have studied the Terms & Conditions as mentioned in the Tender Schedule. In compliance to such Terms & Conditions, we offer our rate as follows:
PRICE BID PART-1
SCHEDULE OF RATES FOR VEHICLES ON “FIXED MONTHLY CHARGES BASIS”
Sl. No.
Type of Vehicle (A)
Quantity (B)
Monthly Charges per vehicle (12 hours basis)
(C)
Monthly Charges (12 hours basis) (D) = B X C
(in Rupees) (in Words) (in Rupees) (in Words)
1 Category I Swift Dzire (AC) or *equivalent
*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
4
2 Category II Toyota Innova (AC)
2
Total (R1)
Note: 1. Fuel expense reimbursement:
o Payment towards fuel expense reimbursement shall be made on monthly basis. Fuel reimbursement to be made by OMECL as per the daily price of diesel and KM run for the OMECL duty for that day as per below conditions:
2. Logbook maintained by the bidders shall contain start time and end time on day to day basis to
calculate the number of duty hours. This shall be signed by concerned official availing the service for authentication.
3. For the duties beyond 12 hours in a day, additional payment shall be done as below:
Additional payment = Number of additional hours X (Monthly charges per vehicle as quoted by bidder/(Number of days in that month * 12))
S. No Type of Vehicle Rate of Fuel to be supplied
by OMECL for each category of vehicle (Km/Ltr), Diesel
1 Category I
Swift Dzire (AC) or *equivalent.
*Equivalent - Honda Amaze (AC), Hyundai Aura
(AC), Tata Tigor (AC), Ford Aspire (AC)
17
2 Category II
Toyota Innova (AC) 09
27
PRICE BID PART-2
SCHEDULE OF RATES FOR VEHICLES ON
“AS AND WHEN REQUIRED BASIS”
Category of vehicle
Type of vehicle
Rate per KM to be quoted in
rupees
Detention charges (except journey period) (Journey period will be
calculated @ 50KM/hour)
Category I
Swift Dzire (AC) or *equivalent.
*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)
R2 35
Category II Toyota Innova (AC) R3 40
Category III Mahindra Scorpio (AC) R4 40
Category IV Mahindra Bolero (AC) R5 40
Note: 1. Reimbursement towards fuel expense for vehicle hired on “As and when required basis” will not be
made by OMECL. 2. Refer Appendix-I for Illustration of calculation of detention hours. Note: i. Handwritten and over written Price Bid will be rejected. Only Type Written Price Bid will be accepted.
ii. The rates to be quoted shall be as per the Price Bid Format and it shall include costs/expenses and
statutory taxes excluding Goods and Service Tax. OMECL shall pay Goods and Service Tax as
applicable at prevailing rates on submission of invoices as per rule (46 B) of the Goods and Service
Tax Rule.
iii. Evaluation method to find L-1, L-2, L-3…….. Bidder shall be guided by the formula as stated in Clause
No.8 of tender document.
iv. In case of discrepancy in prices between figure and word, price in words will prevail over price in figure.
Date (Signature of bidder with seal)
28
Annexure-II TECHNO-COMMERCIAL BID FORM
To
Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha
Subject: - Submission of Techno-commercial Bid in respect of Tender for Hiring of ______.
Reference: -___________/OMECL/______________, dated ______________
Sir,
The Techno-commercial Bid contains the following details-
1. Name of the bidder: ________________________________________________
2. Address of Bidder (with Tel. & Mob. No.) : _______________________________
___________________________________________________________________________________
3. Nature of the Ownership: (Proprietorship firm / Partnership firm/ Limited Liability Partnership/ Company)
___________________________________________________________________
4. PAN Number of the bidder: ___________________________________________
5. GST Registration No. __________________________________________
6.EPF Code Number (If available already): _________________________________
7. Whether existing Vehicle already on hire with OMECL or not: YES/NO (Put a tick mark as applicable)
The Details of Vehicles are as below:
8. Quantity & Type of Vehicles proposed to be engaged;
Sl.
No.
Type of
Vehicles
Quantity
proposed for
engagement
Vehicle
Registration No
Make &
Model of
Vehicle
Manufacturing
year & date of
Registration of
the Vehicle
Date of
Purchase
of the
Vehicle
Remarks
(Self-attested photocopy of supporting documents for Sl.No.3, 4, 5 & 6 as well as the RC, Purchase
Invoice of the vehicle, Permit License, Contract Carriage License if applicable to be attached.)
9. Earnest Money Deposit. (Details): ______________________________________
10. Cost of Tender Paper details: _________________________________________
Original tender document signed each page by me (Bidder).
I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters
of the proposed work of the office of OMECL and shall abide by them.
I/We further undertake that the information given in this tender are true and correct in all respect and I/we
hold the responsibility for the same.
Dated at ---------- (Signature of the bidder)
(With seal of the firm)
29
Annexure-III
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
To
Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha Subject: - Authorization for attending bid opening on ________ in the Tender respect of Tender for Hiring
of vehicles through agencies for OMECL for a period of 05 years.
Reference: -_________________/OMECL/ dated _________
Sir,
I hereby authorized the following person to attend the bid opening for the tender mentioned above on behalf
of _________________ (Bidder)
Name:
Specimen Signature:
I.
Signature of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder
(In case of proprietary concern, the certificate is to be given by the proprietor, for partnership firm by all
partners and in case of limited company by all the directors of company)
Note:
1. Maximum of One representative will be permitted to attend bid opening. Alternate representative will
be permitted when regular representatives are not able to attend.
2. Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.
30
Annexure-IV Tender Compliance Sheet
Sub: Tender for Hiring of vehicles through agencies for OMECL for a period of 05 years. Ref: _____/OMECL/ Dated------------
Sl. No Description of the document to be submitted Whether complied (Yes/No)
Remarks if any
Put a if qualified & if disqualified (To be marked by Tender Opening
Committee) 1 Demand Draft towards cost of tender document of
Amount Rs 5,900/-
2 Demand Draft towards cost of EMD
3 Submission of ownership proof (for proprietorship firm) / copy of partnership deed and RC (for partnership firm)/ copy of MoA and RC of the firm (for Ltd Company.)/Registration certificate (for Travel Agency) as other document as applicable
4 Manufacturing Year, Date of Purchase of Vehicle
5 Self-attested Copy of GST registration
6 Self-attested Copy of PAN
7 Self-attested Copy of Vehicle Registration and Insurance Cover
8 Filled up Techno-commercial Bid Form
9 Filled up Price Bid
10 Each page of Tender Document Signed
11 Letter of Authorization for attending the bid opening
12 Declaration of exempted/Non exempted of GST.
13 Other documents as applicable
Signature:
Name:
Name & address of the firm: ------------------------------------------------------------------------------------------------------
-------------------------------------------------------
(Signature of the bidder) (With seal of the firm)
31
Annexure-V
(Affidavit to take full responsibility on all Statutory related matters throughout the Contract period of engagement of the Vehicles to be executed before a Notary)
(Part of Agreement for vehicle hire)
I/We ______________________________________ (Name of the owner/ Agency) do hereby solemnly affirm and state as follows:
1. That I/We shall pay the wages not less than the minimum wages to the drivers/workers engaged for
the work under this contract.
2. That I/We shall be solely responsible to comply with all the statutory obligations as employer including all contributions under P.F and Pension Scheme(EPF) etc. under the Employees’ Provident Fund and Misc. Provision Act 1952,Employees’Deposit Linked Insurance (EDLI), Employees’ State Insurance Act 1948,etc and all other such obligations/liabilities in respect of the Driver/Workers engaged by me for the job under this contract as per applicable statutory provisions /Law and Government Notifications and will take full liability on this account.
3. In the event of failure of the above on my part to comply with the above ,OMECL shall be entitled to recover the amount by deduction from any amount payable to me/my firm under this contract including the Security Deposit ,or as any debt payable by me.
4. Further I /we affirm that I/We shall be responsible to make payment of retrenchment compensation to my workers as per statute.
5. That this affidavit is being produced before the authority of Odisha Mineral Exploration Corporation Limited in respect of the work “Hiring of vehicles through agencies for OMECL for a period of 05 years”.
Signature of the firm/Agency/Owner of the vehicle.
32
Annexure -VI Declaration by the Bidder
(to be executed on INR 100 non judicial stamp paper and to be duly notarized)
Date: ______________
Sub: Tender No. ______________________
In response to the Tender Document above stated, I/We hereby declare and solemnly swear that our
Company/ firm ___________________ is not banned/blacklisted as on date by any competent court of
Law, forum or any State Government or Central Government or their agencies or by any statutory entities
or any PSUs.
AND, if at any stage the declaration/statement on oath is found to be false in part or otherwise, then without
prejudice to any other action that may be taken, I/We, hereby agree to be treated as a disqualified Bidder
for the ongoing Contract.
In addition to the disqualification our concern/entity may be banned/blacklisted.
AND, that I/We, shall have no right whatsoever, to claim for consideration of my/our bid at any stage and
the money deposited in the form of EMD shall be liable for forfeiture in full, and the tender, if any to the
extent accepted may be cancelled.
Signature of the Deponent
(Authorized signatory of the Bidder with Seal)
Date:
Place:
33
Annexure -VII Format for Performance Security
BG should be obtained from Nationalized/ Scheduled Bank and should be operable and invokable at its
Branch in Bhubaneswar
(To be executed on INR 100/- non-judicial stamp paper)
B.G. No. Dated:
WHEREAS:
(A) ………………….. (“AGENCY”) and The Odisha Mineral Exploration Corporation Limited having its
head office at 3rd floor, Bayan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg, Bhubaneswar,
751001, Odisha ("OMECL") has issued a Letter of Award (LoA) dated …………….. (the "LoA")
whereby OMECL has agreed to engage the Agency for
……………………………………………………………………………………………………………….
(the “agreement”).
(B) The LoA requires the AGENCY to furnish Performance Security to OMECL of a sum of INR
________/- (the "Guarantee Amount") as security for due and faithful performance of its obligations,
under and in accordance with the AGREEMENT, for a period of ______ (the “Guarantee Period”).
(C) We, ………………………. through our branch at ……………………..(Bhubaneswar) (the "Bank")
have agreed to furnish this bank guarantee ("Bank Guarantee") as Performance Security. NOW,
THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
1. The Bank hereby, unconditionally and irrevocably, guarantees and undertakes to pay to
OMECL upon occurrence of any failure or default in due and faithful performance of all or any
of the AGENCY’s obligations, under and in accordance with the provisions of the agreement,
on its mere first written demand, and without any demur, reservation, recourse, contest or
protest, and without any reference to the Agency, such sum or sums up to an aggregate sum
of the Guarantee Amount as OMECL shall claim, without OMECL being required to prove or to
show grounds or reasons for its demand and/ or for the sum specified therein.
2. A letter from OMECL that the AGENCY has committed default in the due and faithful
performance of all or any of its obligations under and in accordance with the agreement shall
be conclusive, final and binding on the Bank. The Bank further agrees that OMECL shall be
the sole judge as to whether the AGENCY is in default in due and faithful performance of its
obligations under the agreement and its decision that the Agency is in default shall be final,
and binding on the Bank, notwithstanding any difference between OMECL and the Agency, or
any dispute between them pending before any court, tribunal, arbitrator or any other judicial or
quasi-judicial body or by the discharge of the Agency for any reason whatsoever.
3. In order to give effect to this Bank Guarantee, OMECL shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Agency and/ or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any
way or manner affect the liability or obligation of the Bank under this Bank Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for OMECL to proceed
against the Agency before presenting to the Bank its demand under this Bank Guarantee.
5. OMECL shall have the liberty, without affecting in any manner the liability of the Bank under
this Bank Guarantee, to vary at any time, the terms and conditions of the agreement or to
extend the time or period for the compliance with, fulfilment and/ or performance of all or any
of the obligations of the AGENCY contained in the agreement or to postpone for anytime, and
from time to time, any of the rights and powers exercisable by OMECL against the AGENCY,
34
and either to enforce or forbear from enforcing any of the terms and conditions contained in the
agreement and/ or the securities available to OMECL, and the Bank shall not be released from
its liability and obligation under this Bank Guarantee by any exercise by OMECL of the liberty
with reference to the matters aforesaid or by reason of time being given to the AGENCY or any
other forbearance, indulgence, act or omission on the part of OMECL or of any other matter or
thing whatsoever which under any law relating to sureties and guarantors would, but for this
provision, have the effect of releasing the Bank from its liability and obligation under this Bank
Guarantee and the Bank hereby waives all of its rights under any such law.
6. This Bank Guarantee is in addition to, and not in substitution of, any other guarantee or security
now or which may hereafter be held by OMECL in respect of, or relating to, the agreement or
for the fulfillment, compliance and/ or performance of all or any of the obligations of the Agency
under the agreement .
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Bank
Guarantee is restricted to the Guarantee Amount and this Bank Guarantee will remain in force
until the expiry of the Guarantee Period, and unless a demand or claim in writing is made by
OMECL on the Bank under this Bank Guarantee no later than twelve (12) months from the
date of expiry of the Guarantee Period, all rights of OMECL under this Bank Guarantee shall
be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Bank undertakes not to revoke this Bank Guarantee during its validity, except with the
previous express consent of OMECL in writing and declares and warrants that it has the power
to issue this Bank Guarantee and the undersigned has full powers to do so on behalf of the
Bank.
9. Any notice by way of request, demand or otherwise hereunder may be sent by hand/messenger
or by post addressed to the Bank at its above referred branch, which shall be deemed to have
been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent
by post it shall be deemed to have been given at the time when it ought to have been delivered
in due course of post and in proving such notice, when given by post, it shall be sufficient to
prove that the envelope containing the notice was posted and a certificate signed by an officer
of OMECL that the envelope was so posted shall be conclusive.
10. This Bank Guarantee shall come into force with immediate effect and shall remain in force and
effect until the expiry of the Guarantee Period (including the claim period) or until it is released
earlier by OMECL pursuant to the provisions of the agreement.
11. Capitalized terms used herein, unless defined herein, shall have the meaning assigned to them
in the agreement.
12. Notwithstanding anything contained herein:
i) Our liability under this Bank Guarantee shall not exceed INR ..........................
ii) The Bank Guarantee shall be valid up to ………. (“Expiry Date including claim period”
………………. of the Bank Guarantee).
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee
only and if you serve upon us a written claim or demand made in the manner prescribed in
this Bank Guarantee on or before ………… (Claim Period of the Bank Guarantee) at our
Branch at _________________________Bhubaneswar.
iv) After claim period all your rights under this Bank Guarantee will be forfeited and we shall
be relived and discharged from all liabilities thereunder, irrespective of whether the original
has been returned to us or not.
13. The Bank Guarantee is issued in paper form and Advice transmitted through SFMS with
required details to the beneficiary’s advising bank (ANDHRA BANK, OMC CAMPUS BRANCH,
BHUBANESWAR, IFSC Code ANDB0001059)
35
Signed and Delivered by ________ Bank By the hand of Mr./Ms. ________, its ________ and authorized
official.
(Signature of the Authorized Signatory) (Official Seal)
NOTE: (i) The Bank Guarantee should contain the name, designation and code number of the officer(s)
signing the Bank Guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as well as of
issuing branch should be mentioned on the covering letter of issuing Branch.
For _____________________________________________ [Indicate name of Bank]
Signature……………………………………………………………………….
Full Name…………………………………………………………………..….
Designation……………………………………………………………………
Power of Attorney No…………………………………………………….
Date……………………………………………………………………………….
Seal of the Bank……………………………………………………………..
WITNESS: (SIGNATURE WITH NAME AND ADDRESS)
(1)
Signature……………………………………………………………………..
Full Name……………………………………………………………………..
(2)
Signature……………………………………………………………………..
Full Name……………………………………………………………………
36
Annexure-VIII
Power of Attorney for Authorized Signatory
(to be executed on INR 100 non judicial stamp paper and to be duly notarized)
Know all men by these presents, We_______________ (name of the firm and address of the registered
office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms. (name), ____________
son/daughter/wife of ____________ and presently residing at ___________, holding the position of
___________________], as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in
our name and on our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our Bids[s] for Hiring of vehicles through agencies for OMECL for a period
of 05 years, subject to renewal on year to year basis upon satisfactory performance of the agency, for use
at its Head Office at Bhubaneswar and other area as required, including but not limited to signing and
submission of all applications, Bids and other documents and writings, participate in Pre-Applications and
other conferences and providing information/ responses to OMECL, representing us in all matters before
OMECL, signing and execution of all Agreements and undertakings consequent to acceptance of our Bid,
and generally dealing with OMECL in all matters in connection with or relating to or arising out of our Bid
for the said tender and/ or upon award thereof to us and/or till the entering into Agreements with OMECL.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise
of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, __________________, THE ABOVE-NAMED PRINCIPAL HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS ____ DAY OF ________, 20__
FOR_______________________
(Sign and Seal)
(NAME, TITLE, ADDRESS)
WITNESS:
1.
2.
(ACCEPTED) (Sign and Seal) (NAME, TITLE, ADDRESS OF THE ATTORNEY)
[NOTARIZED]
(a) The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
required, the same should be under common seal affixed in accordance with the required procedure.
(b) Also, wherever required, the Applicant should submit for verification the extract of the charter
documents and documents such as a resolution/ power of attorney in favor of the person executing this
Power of Attorney for the delegation of power hereunder on behalf of the Applicant.
(c) For a Power of Attorney executed and issued overseas, the document will also have to be legalized by
the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.
37
Appendix- 1 – Illustration for calculation of detention hours.
Start time: 9 AM, Day1 | End time: 9 PM, Day 3
Day KM run Start time
End time Hours based on 50km/hr.
(A)
Actual hours*
(B)
Detention hours (B)-(A)
Day 1 500 9:00 AM 11:59 PM 10 15 5
Day 2 300 12:00 AM 11:59 PM 6 24 18
Day 3 400 12:00 AM 9:00 PM 8 21 13
Total 36