RFP 0 Buyer 110G1
RFP 0 Buyer 110G1
INVIATATION OF ONLINE BIDS FOR SUPPLY OF CIVIL TRANSPORT FOR 315 FIELD
WORKSHOP COMPANY FOR LOAD CARRIER (TRUCK 9 TON) FROM JAPILA MILITARY
STATION (RAJASTHAN) TO NIMU, LEH (J & K) FROM THE DATE OF COMMENCEMENT
BETWEEN 01 SEP 2024 TO 30 SEP 2024
M/s _____________________
_________________________
(Name and address of the bidder)
(CHT Contractor/firm)
Dear Sir(s)\Madam(s),
1. On behalf of the President of India, bids for the supply of Load Carrier (9 Ton) for the period from
any date between 01 Sep 2024 to 30 Sep 2024 (Exact date of commencement of contract will be notified
in the Acceptance of Tender Note to ___ 2024) show in the attached schedule/Bill of Quantity (BoQ) are
invited by the Procurement Committee, OC Wksp, 315 Field Workshop Company from Jalipa Military
Station (Rajasthan) to Nimu, Leh (J&K) bidders (registered CHT Contracts/firms who are in approved list
of (HQ Southern Command) and unregistered vendors/firms who meet requisite criteria as mentioned at
Para-1 (General Information of bidders) of this RFP. The date of commencement of contract is
provisional and subject to change to be notified in the Acceptance of Tender note. The online bids will be
received upto to 0900hrs on ______ 2024. Online submission of documents & Bids be done as per
procedure given in „Notice Inviting Tenders‟ available online. Important time lines are given in Notice
Inviting Tender (NIT) available online.
2. The Schedule /Bills of Quantities (BoQ) will be submitted online only on GeM Portal. No physical
submission of the same will be made.
3. The address and contract number for seeking clarification regarding this RFP are given below :-
(c) Name / designation of the contract - Presiding Officer, CHT Procurement Committee
Personnel 315 Fd Wksp Coy
(a) Part I – General Information and Instruction for the Bidders about the RFP such as
the time, submission and opening of tenders, validity period of tenders, etc.
(b) Part II - Essential details of the items/ services required such as the Schedule of
Requirements/ Bill of Quantity (BoQ), Type of vehicles (CHT), Contract Operating Officer
(COO), Consignee details, Conditions concerning Qualitative, Technical and
Administrative requirement etc for supply of CHT under this agreement.
(c) Part III - Standard Conditions of RFP, which will form part of the Contact with the
Successful Bidder.
(d) Part IV - Special Conditions of RFP and which will also form part of the Contract for
the successful Bidder.
5. This RFP is being issued with no financial commitment and the Buyer reserves the right to
change or vary any part thereof at any stage. The Buyer also reserves the right to withdraw the RFP,
should it become necessary, at any stage.
6. Rates in respect of following clauses have already been fixed by military authorities and are
reflected against relevant clauses in the Schedule / Bill of Quantity (BoQ). As such tenderers are not to
quote / alter these rates :-
(a) Out Station duty. Rates for plain and Hills separately for extra Hours / extra Km day
halt and night halt charges.
7. Cost of RFP (Tender fee) is exempted for all Bidders in terms of Rule 161 (iv) of Chapter 6
of General Financial Rules 2017 (GFR 2017).
8. Ink Signed RFP. The lowest bidder will give ink signed copy of Request for proposal (RFP)
to this Office.
9. Contract Operating Officer. With reference to Schedule /Bill of Quantity (BoQ), the
officer Operating the Contract will be as mentioned in Schedule /Bill of Quantity (BoQ).
10. Executive Officer. OC Wksp, 315 Field Workshop Company will perform the duties of
executive Officer for the subject contract. He will sign acceptance tender Notice and Contract agreement
on behalf of CFA. In case OC Wksp is away on leave/TD etc, Offg OC Wksp, 315 Field Workshop
Company will perform the duties of Executive Officer as Offg OC Wksp.
11. The approval or rejection of bid(s) rests with Competent Financial Authority* (CFA) as applicable,
who reserves to himself the right of rejecting any bid in whole or in part or any item in whole or in part in
respect of any or all the destinations show in the Schedule of Requirement / Bill of Quantity (BoQ) in
Part-II of RFP without any cause assigned. Any single or more than one category given in the Schedule
of Requirements/ Bill of Quantity (BoQ) may be accepted. The lowest tender will not necessarily be
accepted.
12. I/we am/are in possession of a complete set of RFP issued by you, and have read and
understood, and agree to abide by the above instructions as well as those contained in the RFP and
Contract agreement. The attached RFP duly completed and signed is submitted herewith.
To,
The President of India,
Through OC Wksp, 315 Field Workshop Company
C/o 56 APO
Sir,
1. I/We have downloaded/obtained the RFP for the above mentioned „Tender/Work‟ from the
website (s) namely ________________ as per your advertisement, given in the above mentioned
website(s).
2. I/we hereby certify the I/we have read all terms and conditions of the RFP from Page No
01 to 33 (Including all documents like annexure (s), Schedule (s) etc) which will form part of the contract
agreement which are signed by me/us and I/We shall hereby abide the terms/conditions/clauses
contained therein.
3. The corrigendum(s) issued from time to time by your department/ organisation too have also
been taken into consideration, while submitting this acceptance letter.
4. I/We hereby unconditionally accept the conditions of above mentioned RFP and connected
document(s)/corrigendum (s) in its totality / entirely.
5. I/We hereby certify that I/We have read all the terms and conditions laid down in Notice Inviting
Tenders (NIT) containing pages from 01 to 07 and I/We shall abide guidelines / conditions contained
therein.
6. The documents as required will be submitted by us in physical form also in case I/We are the
lowest bidder(s) as mentioned in the true copy of the documents uploaded on the GeM portal.
7. In case any provisions of this tender are found violated, your department/organisation shall be at
liberty to reject this tender/bid. We shall not have any claim /right against department in satisfaction of
this conditions.
Yours faithfully
1. Online bids/tenders are invited for supply of the articles/services shown in the attached
Schedule/Bill of Quantity (BoQ) for the period from 01 Sep 2024 to 30 Sep 2024 will be received by the
OC Wksp, 315 Field Workshop Company on or before 1800 hours on ________ 2024. Online
submission of documents & bids will be done as per procedure given in „Notice Inviting Tenders‟
available online. Important time lines as given in Notice Inviting Tender (NIT) available online for
participation in GeM by all registered /unregistered contractors are as under:-
(f) Bid Opening date & time 1000 hrs __ Aug 2024
2. The RFP contains conditions of supply and includes a Bill of Quantities (BoQ) on which the
vendor should fill in rates both in words and in figures shown in blue. Determination of L-1 will be done
based on Basic Price only i.e excluding taxes and duties levied by Central/ State/ Local Government as
excise duty, VAT, Service taxes, GST etc. Octroi, entry / toll tax if any will form part of the basic cost
and shall not be quoted/ paid separately. You are to sign and date the RFP. You shall not make any
alteration or addition to any of the documents of the RFP and connected documents.
3. It is essential that you tender for all types of vehicle(s) shown in a particular category. You may
submit only one tender for each type of vehicle/station with rates at which you are willing to supply each
type of vehicle separately.
4. In the event of a discrepancy between description in words and figures quoted by a tenderer, the
description in words shall prevail. The decision of Procurement Committee will be final.
5. Capacity of the bidder. The vendor/ firm/ company should have the minimum number of
commercial registered vehicles as given below in the name of vendor/ firm/ company and vehicles
should be registered within the state and/ or command boundary (in case of light vehicles) where the
firm desires to do business:-
Ser Contract Value Light Buses Load CHTT (Trucks with Trailer)
No Upto vehicles and Carrying and Specialist Vehicles i.e
Water Vehicles JCB, Earth Movers, Cranes,
Bowser (Trucks 7 Tractor with implements etc
Tons
&above)
(i) 50 Lakhs 3 - 2
(ii) 1 Crore 5 2 3
(iii) 2 Crore 8 3 5
No Stipulation
(iv) 5 Crore 15 7 7
(v) Above 5 Crore 22 12 12
(i) Registered firms where Financial Health/ Contract Carrying Capacity (CCC) has
been assessed by Board of Officer (BOO) are permitted to bid upto their stipulated/
Financial Health / balance CCC. Any tenders beyond the limit fixed will be rejected by
Technical Evaluation Committee (TEC) at the technical evaluation stage without referring
to the firms.
(ii) Registered firms participating in tendering process must be aware about their
CCC/ Financial Health as per parameters mentioned in the registration letter issued by
315 Field Workshop Company & must not bid over their Financial Health / CCC. Firms
whose Financial Health has not been fixed by the BOO prior to tendering process will be
fixed by TEC during technical evaluation. Any tenders beyond the limit fixed will be
rejected by TEC at the technical evaluation stage without referring to the firms.
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(aa) Sales/Turnover in the last three years and average per year. For this
purpose Trading Account will not be considered and only sales account given in
the audited Balance Sheets will be included.
(ab) Profit/ losses during the past three years.
(ac) Accumulated losses.
(ii) Financial Health/ CCC will be assessed during technical evaluation stage by TEC.
Any tenders beyond the limit fixed will be rejected by TEC at the technical evaluation
stage without referring to the firms.
7. Vintage of the Vehicles. Vintage of the vehicles which will qualify the vendors/firms/
company for obtaining the contracts are as given as under:-
8. Maximum permissible weight to be loaded in a particular type of vehicle will be as per its RC /
instructions issued by respective RTO/ Government of India, Ministry of Road Transport & Highways,
New Delhi from time to time.
9. Documents. Original/ attested copy of following documents will be provided by unregistered
vendor/ firm/ company applying for contract:-
(a) The firm should have a shop/ establishment located in the state and/ or Command Zone
from where the application for registration/ tendering has been originated and should be dealing
with all such transport business. The shop/ establishment should be functional at that location.
(b) Proprietorship or partnership deed or articles/ memorandum of association.
(c) Photographs of proprietor/ partners duly attested.
(d) In the case of partnership firm, partnership deed duly registered with registrar of firms.
(e) Minimum number of vehicles and its vintage as indicated above will be held by the firm
while applying for tender and they will not be disposed off till the validity of contract period.
(f) Police verification of the proprietors/ partners.
(g) Affidavit stating no criminal/ Black listing/Court case related to service concerned is
pending against the firm/ company.
(h) Certified copy of Bank A/c for the last three years issued by the Bank.
(j) PAN Card & GST Registration Number.
(k) Affidavit by the Proprietor/ Partners of firm/ company regarding ownership of vehicles.
(l) Photocopies of RC books duly attested.
(m) Banker‟s certificate for financial capability.
(n) ID Proof (Driving license/Aadhar Card/Passport/Voter ID).
(o) Photocopies of insurance of vehicles with validity.
(p) Photocopies of last three years ITR.
(q) Certified copy of Fitness Certificate in respect of all vehicles.
(r) Sales/ Turnover in the last three years and average per year. For this purpose Trading
Account will not be considered and only sales account given in the audited Balance Sheets will
be included (Documents to be stamped and ink signed by both Proprietor and registered
Charter Accountant).
(s) Profit/ losses during the past three years (Documents to be stamped and ink signed
by both Proprietor and registered Chartered Accountant).
(t) Accumulated losses (Documents to be stamped and ink signed by both Proprietor
and registered Chartered Accountant).
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(u) Bank credit worthiness certificate.
(v) Compliance certificate.
(w) Registration.
(x) CA Certificate with UDIN Number for turnover.
(y) Firm not under liquidation and bankruptcy certificate.
(z) Non Disclosure certificate.
(aa) Firm having experience of providing vehicles for SD Mov to Leh region in last 01 yrs.
(ab) Firm must have operated in valley area.
10. Unregistered vendors/ firms who desire to do business with Army to take following actions and
details be submitted to this Headquarters alongwith manually submitted documents as mentioned
below:-
(a) Create an e-mail ID account.
(b) Obtain Digital Signature Certificate (DSC) from the authorised agency in name of
Sole proprietor/partner of the firm.
(c) Register with NIC Portal after having valid NIC based e-mail ID and valid
Digital Signature Certificate (DSC).
11. Registration of Firm. If unregistered vendor/ firm is found FIT as per QR mentioned above for
participating in tender activities, it will not amount him to becoming eligible for automatic registration. He
will have to apply afresh for registration of the firm/vendor to this Headquarters, if he desires to do so.
(Note : Financial bids of unregistered vendors/firms will be opened only after assessment of financial
health/ capability as stated above).
12. Earnest Money. Earnest Money Deposit (EMD) not required. However bid security
declaration will be submitted as per format att.
13. Performance Bank Guarantee (PBG). 10% of total contract value will be deposited as
PBG (security deposit) by the successful bidders (Refer Para 1(a) of Part-IV of RFP). All taxes will be
added up to arrive at the total contract value of a contract.
14. Clarification Regarding Contents of the RFP. A prospective bidder who requires
clarification regarding the contents of the bidding documents shall be able to get the clarification
between start time/date and clarification end time/date from the Procurement Committee as per NIT.
Copies of the query and clarification will be sent to all prospective bidders/ vendors.
15. Modification and Withdrawal of Bids. A bidder may modify or withdraw his online bid after
submission as per facility provided in the GeM, only prior to the date and time prescribed for end of
submission of bids. A withdrawal notice may be sent by fax but it would be followed by a signed
confirmation copy to be sent by post and such signed confirmation should reach the Buyer not later than
the deadline for submission of bids. No bid shall be modified after the date and time for end of
submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids
and expiry of the period of bid validity specified. Withdrawal of a bid during this period will result in
suspension of dealing for one year for the said contract.
16. Clarification Regarding Contents of the Bids. During evaluation and comparison of bids,
the Procurement Committee (PC) may, at his discretion, ask any bidder for clarification of his bid. The
request for clarification will be given in writing and no change in prices or substance of the bid will be
sought, offered or permitted. No post-bid clarification on the initiative of the bidder will be entertained. It
is the responsibility of the Bidder to ensure similarity of contents between the online and duly filled
downloaded bids. In case of any doubt arising between the contents of Online and duly filled
downloaded bids, the Online Bid will be considered as Final and Correct.
17. Rejection of Bids. Canvassing by the contractor in any form, unsolicited letter and post-tender
correction may invoke summary rejection of bid with suspension of the firm/ for a period of one year from
being eligible to submit bids for contact and its derivatives in Northern Command. Conditional tenders
will be rejected.
18. Validity of Bids. The Bids should remain valid upto 21 days from the last date of submission
of the bids.
19. Bid Security Declaration. In place of EMD, all firms will submit a Bid Security Declaration as
per format attached accepting that they will be suspended for a period of one year from being eligible to
submit bids for contract and its derivatives in Northern Command under the following circumstances
unilaterally:-
(a) Withdraws of amends, impairs or derogates from the Bid in any respect within the period
of validity of this tender.
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(b) Having been notified of the acceptance of our tender by the period of its validity:-
(i) Fails to furnish the Performance Security for the due performance of the contract
before the deadline defined in the request for proposal/contract document.
20. I/We shall provide vehicles at my/our expense in such quantities, in such manner, to such person
and at such place (within the area covered by the contract, as specified in the schedule) as the buyer
may direct.
21. I/We shall furnish an FDR/ PBG, within thirty days of issue of Acceptance of Tender (AT) Note of
the acceptance of this bid (in whole or in part) or before the commencement of the performance of the
contract, whichever is earlier (or within such extended time as may at the sole option of the Govt granted
to me/us) the sums specified in the said notice of the acceptance. If the security deposit is accepted in
the form of bank deposit receipt which matures before the security deposit is returnable under clause
48(d) thereof, I/We shall be at liberty to renew the same subject to the lien created in favour of Govt.
22. I/We agree that in the event of any delay in lodging the security deposit, contract operating
officer/CDA may deduct the requisite amount of security deposit from my/our bills. If in case, the
payment of our bills is being made by contract operating officer, the amount will be deducted by contract
operating officer and in case the payment is directly made by the PCDA/CDA the amount will be
deducted by the CDA on receipt of intimation from the contract operating officer.
23. Any change in the constitution of Seller‟s firm shall be notified forthwith in writing to the authority
sanctioning the contract and such change shall not relieve any former member of the firm from any
liability under the contract. No new partner/partners shall be accepted in the firm in respect of this
contract unless he/they agree(s) to abide by all its terms and conditions and deposit(s) with the officer
sanctioning the contract a written agreement to this effect. Seller‟s receipt or acknowledgement or that
of any partners subsequently accepted as above shall bind the Seller and will be sufficient to discharge
for any of the purpose of the contract.
24. Seller understands that he/they can quote the rates only for the contracts/items which are within
his/their total residual contract carrying capacity without any restriction on the value of individual contract
as per firms contract carrying capacity.
25. The officer sanctioning the contract/Executive Officer may authorise such officer(s) as he may
wish to operate the contract on his behalf and Seller will accept and carry out instructions given by such
officers (or their representatives) in connection with contract as if these were issued by the officer
sanctioning the contract. Representatives as specified by the Executive Officer in the Schedule or
subsequently through official correspondence will be the Buyers. There may be one or more Buyer for
each contract.
26. (a) All monies or compensation payable by Seller to the Government under terms of the
contract may be deducted from or realised by the sale of sufficient part of his FDR/PBG, or from
interest arising there from or from any sums which may be due or may become due to the Seller
by Government under this contract or any other contract or on any other account with the
Government. In the event of Security Deposit being reduced by reason of any such deductions or
sale, as aforesaid, or should the value of such receipts or securities depreciate in value during
the period that they be held as such security deposit, Seller shall within twenty days from the
date of being called to do so make good in case of receipts or securities the amount required to
complete the Security Deposit to the original value.
(b) Any sum of money due and payable to the Seller (including Security Deposit returnable
to him/them) in this contract may be appropriated by the purchaser or the Government or any
other person or persons contracting through the GOC-in-C Northern Command and set off
against any claim of the Government or such other person or persons for the payment of a sum
of money arising out of this contract or under any other contract made by the contractor with the
Government or such other person or persons.
(c) The payment of CHT accepted by the Military Department will be made to the credit of
my/our account in a recognized bank of the Republic of India and the bill shall be receipted and
endorsed by me/us in favour of the bank, payment of bill which is signed but not receipted and
endorsed in favour of the bank will be made on production of a legal power of attorney or
authorizing the bank to receive payment on my/our behalf.
(d) The above procedure will not in any way effect the rights of the Government to deduct
from bills (whether endorsed in favour of the bank or not) any sum due to them by Seller on
account of penalties, over payment etc on the contract to which the bills pertain or any other
contract with Government of India.
(e) Seller shall be responsible for taking all possible steps to obtain indents from Receiving
Officer in time to ensure correct submission of bills within the period specified. In the event of
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failure to obtain indents in time, the matter will be brought to the notice of the officer operating the
contract.
(f) If the retrenchment be made in payment of any bill submitted by me/us other than in
respect of an ordinary audit objection and except in respect of recoveries under Paragraphs
26(a) to 26(c) above on which final decisions have already been given, such retrenchment shall
be subject to an appeal if preferred by me/us in writing within thirty days, to the officer
sanctioning the contract, whose decision shall be accepted by me/us as final. If the retrenchment
be withdrawn and submission of a fresh bill for the amount retrenched be sanctioned I/we shall
submit this bill to the Buyer concerned with all necessary supporting vouchers within fifteen days
of such decision being given.
(g) My/our Security Deposit or any balance there of remaining at the end of the contract shall
not be returned to me/us until my/our accounts have been finally audited and settled and until
I/we have executed the usual “No Demand Certificate” (IAFA-451) procedure.
(h) Halt charges will not be paid to me/us except where specifically included in the
schedule/Bill of Quantity (BoQ) of rates. The rates, which have been tendered and further
decided, finally will be paid for.
(j) I/we agree to obtain payment for services rendered from the Buyer or his representative
through ECS/NEFT/RTGS mechanism instead of payment through cheques.
(k) I/we agree that in case any discrepancy is noticed by the Controller of Defence Accounts
(CDA) or the Buyer in the bills for which payment has been obtained, the recoveries for
overpayment can be effected from my/our subsequent bills or security deposit PBG which
include other contract (s) also which I/we may be running / operating with the government.
(l) Any delay in payment against any of the bill submitted by me on account of audit
objection/observation will not be considered seriously and the delay will be accepted till the audit
objection/observation is settled.
(m) I/We agree to ensure before submission of contractors bill and connected documents to
the Buyer that all entries overwritten/altered are entered fresh and attested by the officer
concerned as many time as fresh entries are made.
(n) I/We understand that the above procedure will not in any way effect the rights of the
Government to deduct from bills (Whether endorsed in favour of the bank or not) any sum due to
them by me/us on account of penalties, over payment etc on the contract to which the bills
pertain or any other contract with Government of India.
(o) No additional charges will be levied by me/us on the Government in case of any local
taxes/tolls are paid by me/us to any local/civil authority during the operation of the contract(s).
(p) All control/ terminal charges/ municipal dues/ sale/ service tax, royalty charges, octroi, toll
tax or any other tax payment to any authorities in connection with vehicles or drivers will be paid
by Seller.
(q) All vehicles carrying Defence personnel under this agreement will be exempted from
payment of tolls. All issues related to payment of toll tax/any payment will be resolved by the
Seller. The Buyer will not be responsible in any such matter.
(r) On the vehicles being accepted, I/we shall be entitled to be furnished with a certificate
from the proper Officer of Govt, to the effect that vehicles have been used by the Govt for the
purpose of enabling me/us to obtain a refund of the amount paid by me/us for octroi duty in
respect of such vehicles, provided such refund is permissible by the law under which such octroi
duty has been levied.
(s) Seller shall agree to pay Income Tax at source at prevailing rates as notified/revised from
time to time by the Government of India, from bills at source.
27. The officer sanctioning the contract or his successor or the officer officiating in his place as per
the promulgation order may rescind this contract by notice to me/us in writing :-
(a) If I/we assign or sublet any of my/our contract without his written approval, or if I/we
attempt to do so.
(b) If I/we or any of my/our agents or servants shall :-
(i) Be guilty of fraud in respect of the contract, or any other contract entered into by
me/us with Government or
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(ii) Directly or indirectly give, promise or offer any bribe, gratuity, gift, loan, perquisite,
reward or advantage pecuniary or otherwise to any officer or person in the employment of
the Government in any way relating to such officers or person‟s office or employment.
(c) If any such officer or person mentioned in Sub Paragraph (b) (ii) of this Para, becomes in
any way directly or indirectly interested in the contract.
(d) If I/we decline, neglect, or delay to comply with any demand or requisition or in any other
way fail to perform or observe any condition of the contract.
(e) If I/we or any of my/our partners become insolvent or apply for relief as an insolvent
debtor or commence any insolvency proceedings or make any composition with my/our creditors
or attempt to do so or in the case of our being a registered company, any order be duly made or
any resolution be duly passed for the winding up of the company.
(f) If it should transpire that I am/we are doing business conjointly with any other contractor
(s) or that I am a partner/we are partners in any other firm (s) on the approved list of
transporters/ASC Contractors.
(g) If I/we fail to deposit the Security Deposit as required. In case of such rescission, my/our
Security Deposit for each portion thereof as the Officer sanctioning the contract shall consider fit
or adequate, shall, stand forfeited and be absolutely at the disposal of Government. For a
contract for supply at more than one station, its rescission under these conditions shall not be
affected by the acceptance, meanwhile or subsequently, of vehicles at any station in ignorance of
the rescission. In case of such rescission the Government shall be entitled to recover from
me/us on demand any extra expense to the Government, may be put to obtaining vehicles
hereby agreed to be supplied, from elsewhere in any manner mentioned in clause 9(f) mentioned
in Part IV (Special Conditions of RFP) hereof, for the remainder of the period for which this
contract was entered into, without prejudice to any other remedy the Government may have.
(h) In case Seller fails to supply more than 30% of the total quantity demanded during a
month, or has more than five failures in a calendar month, or has more than 15 failures in
aggregate, his contract will be recommended for recession by the Buyer/Executive Officer. For
the purpose of this provision, a failure will be deemed to have occurred if the contractor fails to
supply at least 90 percent quantity of the demand placed on him for that day. The final decision
for rescinding the contract will however rest with the Competent Financial Authority, who, before
taking the final decision, should take into account the reasons for failure on part of the Seller and
existence of any conditions beyond the control of the contractor, e.g strike/natural calamity, etc.
In such a case, Buyer may recommend removal of name of the firms from the approved list of
CHT Contractors of the Command.
28. Decision as to recovery of monies from me/us in respect of hiring of vehicles or arrangement at
my/our expense or of compensation by order of the officer operating the contract or his successor in
office under Paragraphs 9 (f) to (n) mentioned in Part IV (Special Conditions of RFP) above and any
order for rescission of the contract by the officer sanctioning the contract under paragraph 22 above
shall be subject to an appeal, if preferred in writing by me/us within thirty days of issue of such decision
or order to the Executive Officer, whose decision will be accepted as final. If such appeal was not duly
notified to the Executive Officer within this period the original decision or order in question shall be
accepted as final.
29. Advance Payments. No advance payment(s) will be made.
30. If during the currency of the contracts, the specification of any vehicle(s) to be supplied is
changed, I/We shall continue to supply the said vehicle(s) in accordance with the new specification, at a
rate to be mutually agreed to in writing at the time of such change and, in default of such agreement, the
contract so far as it relates to the said vehicle(s) in respect of which no agreement has been arrived at,
shall be rescinded but no such change shall affect the supply of any of the other vehicle(s) under the
contract or entitle me/us to any compensation
31. Death of Contractor. As per Sec 37 of the Contract Act 1872, „Promises bind the
representative of the promise in case of death of such promissor before performance, unless contrary
intention appears from contract.
32. Any further information required on application can be obtained on any working day between
1000 hours to 1400 hours from OC Wksp, 315 Field Workshop Company.
33. The payment of bills of successful tenderers will be made from the Govt Treasury/Nationalised
Banks by crossed cheques or by E-payments wherever feasible.
34. RFP is showing the conditions of supply and includes a Schedule/ Bill of Quantities (BoQ) on
which you should fill in your rates both in words and in figures shown in green as per instruction given in
the BoQ. You are to sign and date both the RFP and Schedule/Bill of Quantity (BoQ). You shall not
make any alteration or addition to any of the documents of the RFP.
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35. If you are a partnership firm (i.e. if you have a partner or partners), each one of you must sign
each page of the RFP and the Schedule of Requirements /Bill of Quantity (BoQ) (if any partner is
absent, these forms will be signed by his duly constituted attorney). If any partner signs the RFP or any
document forming part of the contract on behalf of the firm, the original partnership agreement or the
power of attorney duly executed in his favour authorising him to bind the firm in all matters pertaining to
the contracts including the submission of any dispute relating to business of the firm to arbitration should
be attached to the RFP or such other documents. If you or any of your partner (s) is/are unable to write,
you (or he/she) must make your (his/her) mark or affix your (his/her) seal instead and this mark or seal
must be attested and dated by some responsible person. In case where verified copies of partnership
deeds and Power of Attorney are held by the executive authorities, having been submitted at the time of
their registration, the following certificate only may be attached to the RFP:-
I/We certify that the constitution of my/our firm is as under :-
(a) I am the Manager and hold a proper Power of Attorney (Copy attached) from other
partners in my favour.
(b) The following, whose signature(s) is/are appended is/are the partners of my/our firm as
given in the original partnership agreement and that my/our documents have been signed by all
partners shown hereunder:
Address Signature
__________________ ______________________
(Signature of Manager) (Signature of Sole Proprietor)
(c) I certify that I am the Sole Proprietor and there are no other partners doing business
conjointly with me.
_______________________
(Signature of Sole Proprietor)
(d) I certify that I am the Managing Director and I hold the Power of Attorney executed in
accordance with the Articles of Association of the company to sign all documents on behalf of the
company.
__________________________
(Signature of Managing Director)
Note. If you are not a firm, the certificate given at Para 36 (c) above will be signed. In the case of a
limited company registered in accordance with the Article of Association the certificate given at Para 36
(d) above will be signed.
36. It is essential that you should tender for all types of vehicle(s) shown in a particular Schedule/
Bill of Quantities (BoQ). You may submit only one tender for each type of vehicle/station with rate at
which you are willing to supply each type of vehicle separately.
37. In the event of a discrepancy between description in words and figures quoted by a tenderer, the
description in words shall prevail. The decision of Board of Officers opening the tenders will be final.
38. These instructions are to be signed by you and returned alongwith your bids.
Yours faithfully,
(To be signed and submitted with the tender documents on the firm/ contractor letter head)
To :-
The President of India
Through OC Wksp
315 Field Workshop Company
C/o 56 APO
Sir,
(a) Withdraws or amends impairs or derogates from the bid in any respect within the period
of validity of this tender.
(b) Having been notified of the acceptance of our tender by the buyer during the period of its
validity:-
(i) Fails to furnish the security deposit for the due security of the contract before the
deadline defined in the request for the proposal/ contract document.
Yours faithfully,
The Bidder is required to give confirmation of their acceptance of Essential Conditions of the RFP
mentioned below which will automatically be considered part of the Contract concluded with the
successful Bidder (i.e. Seller in the Contract) selected by the Buyer. Failure to do so may result in
rejection of Bid submitted by the Bidder.
(b) TDS. As per Section 194C of Income Tax Act, 1961 prescribes that any payment to a
contractor carrying out certain wks (incl hiring of CHT) is subject to TDS at the following rate :-
(ii) 2% in case of other payees (i.e partnership firm, company, trust, body individual or
association of persons).
(c) TDS vide provisions of CGST Act 2017 will be deducted, if applicable.
(d) Section 24, read in conjunction with Section 51 of the Act, mandate deduction of TDS
@2%, if value of a contract/Supply Order exceeds Rs 2.5 lakh.
(Any changes in rate of TDS by Government orders will be accordingly made applicable)
3. Taxes. The prices quoted by the Bidders should be excluding taxes and duties levied by
Central/ State/ Local Government as excise duty, VAT, Service taxes, GST etc. Octroi, entry / toll tax,
local levies and incidental charges, if any, will form part of the basic cost and shall not be quoted/ paid
separately.
4. The requirement mentioned in the Schedule is an approximation only. However, the contracted
quantity may fluctuate by upto an additional 50%. The additional demand (if any) of CHTs can be upto
50% of total quantity of the contract. There is no guarantee that the requirement shall remain at this level
throughout the period of contract and also may not be evenly distributed over the period of this contract.
No claim for compensation what so ever shall be made by Seller or entertained by the Government on
any reduction in demand resulting in utilization above/below the scheduled quantities. In case vehicles
are not hired at all due to non-availability of funds, no claim for any compensation on this account will be
admissible. In the event of withdrawal (or reduction in the number) of troops and consequent reduction in
demand, Seller shall not be entitled to any compensation. The CFA or Buyer will however, make
reasonable endeavours to give warning of any impending reduction in demand seriously affecting
quantities likely to be required under the contract. Also in case DD vehicles (Service vehicles) are
available in the Station and/or brought from outstation, the requirement may reduce proportionately for
which no extra expense will be admissible and no claim for compensation whatsoever shall be made by
Seller or entertained by the Government for increase/decrease in the scheduled quantities, nor any
request for ex-gratia payment will be made by Seller or entertained by the Government.
5. In the event of reduction/increase in demand due to any reasons, Seller shall not be entitled to
any compensation. Certain type of vehicles may not be hired at all in case of non availability of funds or
their requirement. Seller shall not be entitled to any compensation.
6. Seller agrees to lifting whatever type of loads are directed to be lifted by the Government at the
rates given in this agreement. Seller understands that approximate passengers to be lifted on the above
routes as indicated is to be treated only as a guideline and hiring of transport will be as on required
basis. Seller will not claim any compensation from the Government if approximate tonnage or
passengers as contracted for the above route is not lifted or under utilized by any percentage within the
contracted tonnage/trips. Seller further undertakes to lift additional tonnage or make additional trips
upto 50% more than those scheduled at the rates given in the Contract agreement.
7. In case of failure to carryout the contractual obligations by the Seller the contract may be
rescinded. Thereafter, for the balance of period of the original contract, if the Government incurs any
extra expenditure by hiring/concluding a new contract, it will be liability of the Seller and extra
expenditure incurred will be recovered from the Seller from FDR/ PBG and or bills pending for
payment.
8. The total requirement of vehicles is based on yearly basis and can vary each day/week/month.
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9. The authority for calling of tenders is at liberty to conclude more than one contract for any type of
vehicle from one station.
10. Delivery Period. Delivery period for services would be mentioned in Acceptance of Tender Note.
Please note that Contract can be cancelled unilaterally by the Buyer in case items are not received
within the contracted delivery period. Extension of contracted delivery period will be at the sole
discretion of the Buyer, with applicability of Liquidated Damages clause as mentioned at clause 8 of
Part-III of Contract.
11. Terms for Delivery and Transportation. Unless otherwise specifically agreed to by the Buyer
and the Seller and incorporated in the contract, the applicable rules & regulations for provision of
transport services against the contract will be at nominated place/ location as mentioned in the contract.
12. Rates in respect of following clauses have already been fixed by military authorities and are
reflected against relevant clauses in the Schedule. As such tenderers are not to quote/ alter these
rates:-
(a) Out Station Duty. Rates for plain and Hills separately for extra hours/ extra km, Day
halt and night halt charges.
Note : Day halt in case of unforeseen eventuality beyond the control of CHT contractor, road blocks,
bandhs, road closure etc with the approval of executive officer. Ni halt charges will also be given in
addition in case the vehicles remains stationery for the night.
13. It is mandatory to quote rates against each bracket/clause. In case rate(s) at any bracket/clause
are not filled by the tenderer, the said tender will be rejected. Prefixed rates where applicable as
mentioned in the BoQ at the top of BoQ are mandatory to be filled in column No 6 against appropriate
category / column. Under no circumstances prefixed rates will be altered/left blank/ filled zero by any
firm. Prefixed rates where applicable and mentioned in the BoQ are not to be tampered. If any
alteration is found in prefixed approved rates, the bid will be rejected.
14. The lowest bid will be decided on the basis of lowest basket rate i.e overall combined value of
the rates quoted by vendor for all items/ routes. Contract would be awarded based on combined value
of all routes/ sub routes under a particular tender. L-1 bidder will be determined on the basis of basic
price excluding levies, taxes and duties levied by Central/State/Local governments such as
excise duty, VAT, Service tax, GST etc. Octroi/ entry/ toll tax, local levies incidental charges will
form part of basic price/cost as quoted by bidders. The authorities calling for tenders are also at
liberty to accept the rates in whole or in part whichever is economical to the state. Negotiation will be
carried out with the lowest tenderer & intimation of the same will be given separately. Extension of
contract will be at the sole discretion of the Buyer.
15. Consignee Details. The contract will be operated by the Contract Operating Officer(s) as
shown in the Schedule or their authorised representative(s).
Qualitative, Technical and Administrative Requirements for Supply of CHT under the
Agreement(These conditions will form part of the Contract with successful Bidder. The bidders
must sign these and agree to all conditions laid down.)
Vehicles
16. The vehicles provided under this contract shall be of good condition, specified standard and road
worthy and as per the General & Special Conditions forming part of this contract. The vehicles tendered
will be subject to inspection by the Buyer / his authorized representative or user of the vehicles. Any
vehicle rejected by either of the above authorities on inspection before or during use of the vehicle will
be replaced by Seller at once. If not replaced within an hour, the Buyer concerned may proceed to
arrange the vehicle from any other source(s) at Seller‟s risk and expense. Any transport arranged from
any source shall be charged at local market rate prevailing at the time, as approved by authorities
concerned or as ascertained by a Board of Officers. Time spent for replacement will not be calculated for
payment.
17. The vehicles provided as per requirement under the contract include those for Army, Navy,
Air Force, Para Military Forces, Central/State Government officials, civilians and Nationals of other
countries for whose subsistence Government of India accepts responsibility and who happen to be or
come into the area covered by the contract.
18. Only those vehicles which are mechanically fit and in good condition will be provided under this
agreement and the vehicles provided will not be older than the vintage given in Para :-
(a) All vehicles employed under this agreement will be passed fit in all respects by the civil
authorities concerned.
(b) A valid route permit is held for each and every vehicle provided to the Government under
this agreement.
(c) All passenger carrying vehicles will be in possession of valid route permit. Similarly light
vehicle should have been registered as commercial vehicle with the appropriate authority.
Vehicles without valid route permit/ requisite documents will be rejected.
20. Vehicles tendered after stipulated date and time will not be accepted and if found unsatisfactory
or in poor condition, will be returned to firm concerned and no compensation whatsoever will be paid.
The Contract Operating Officers/users may reject the vehicle (s) in case the vehicle (s) tendered is not
considered fit/suitable for the users or if it does not meet any condition laid down in this agreement.
21. The contractor will ensure cleanliness of vehicles, some basic amenities such as newspaper, first
Aid medical Box, adequate cash with driver, paper napkins, bottled drinking water with glass etc are kept
in the vehicle (Light Vehicles) and it should be strictly monitored by the Buyer.
24. Each vehicle while on duty under this agreement will ensure/carry the following :-
(a) One serviceable spare wheel, necessary tools for repairs, fire extinguishers.
(b) Display “ON MILITARY DUTY” on wind screen and rear of vehicle and will be done only
when employed under this agreement.
(c) The vehicles should be mechanically fit and in good condition and the following will be
ensured by the Seller before sending the vehicles on duty :-
(i) Star plate and flag post is fitted on the forward center location of bonnet on the
Light Vehicles when specified by the Buyer.
(ii) Wind screen wipers and kilometer head (odometer) are functional.
(iv) Check functioning of brake & clutch to ensure these are in order and there is no
unwarranted sound.
(vi) All lights including beacon lights and indicators should be in working condition.
(vii) There should not be any unwarranted vibration/sound from the vehicle.
(viii) Vehicle should be road worthy in all respects as assessed by the Contract
Operating Officer/authorized officer.
(d) Tyre pressure is accurate as per manufacturer and tyres are in good condition.
(f) There is adequate fuel in the fuel tank for the assigned duty as well as some reserve.
(g) Good condition of interior upholstery of the vehicle. The seats of the vehicle should be of
good quality.
(h) Vehicles will be fumigated against infectious diseases (if any) as desired by military
authorities, all expenses in this connection will be borne by Seller.
(j) Vehicle has been certified fit by pollution control authority and is in possession of pollution
under check fitness certificate.
(k) First Aid Box with medicines should be placed in the vehicle(s).
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25. The following qualitative and technical requirements shall apply to the agreement relating to
provision of transport. The category wise conditions with regard to qualitative and technical requirements
are given in succeeding paras.
(a) Vehicles will be provided for acclimatization as per instructions of the buyer for any
duration.
(c) Day halt already prefixed by military authorities and mentioned in Schedule.
Running of Vehicles
27. When the vehicles are hired for local duties they shall ply on routes within city limit (for in station
duties) given in the user indent which have been duly approved by buyer. All satellite towns shall be
deemed to be within city limits.
28. Time and Kilometer of duty will commence and terminate at reporting place/duty termination
place respectively as intimated by buyer or user units. No extra km/time will be given for vehicle to report
from garage or return.
29. The Seller shall not divert the vehicle on any other route other than that specified without the
prior permission of the buyer, or his representative. If any vehicle is found at a place which is not on the
specified route, the Seller will be guilty of breach of agreement and liable for any action, including
rescinding of the contract.
30. The Seller agrees that in case of vehicles coming back to the starting station without delivering
stores to the consignee for any reason other than sudden closure of passes/road due to climatic
condition, no payment will be demanded /paid for the abortive trip. On the contrary, penalty may be
levied by Contract Concluding Authority/Executive Officer as per the merits of case.
31. In case of road closure due to landslide/natural calamities and when ordered by Army to
return/divert the route, the driver will obtain written instructions from Officer in Charge endorsing the
order. The contractor in such a case may be paid for additional Kms covered more than 25 Km and
night halt if applicable on pro rata basis as per the merits of the case decided by Executive Officer after
due recommendation of the formation concerned/Contract Operating Officer.
32. The Contract Operating Officer will be at liberty to retain the buses for a period upto 48 hours in
case there is a mismatch between availability of buses & return load of transients from dispatching ends.
33. The Seller will adhere to the time permissible to travel the distance on the specified route as per
the Contract Agreement which will include routine halts, halts due to security reason imposed by the
civil/Army authorities, convoy timings, if any, route repair/ maintenance timing and will ensure that stores
loaded reach the destination in time. However, if the vehicle is not able to reach the destination by
expected time of arrival, the driver will get his copy of transport indent endorsed from civil police
authority or Army TCP / Officer Commanding nearest Army unit stating the reasons for delay. When a
CHT is hired for induction/ de-induction of unit and move as part of Army convoy, the number of
day/night halts will be permissible as per move plan of unit. In such case the Seller will be paid for actual
number of day/night halts undertaken as per move plan of the unit being inducted/ de-inducted. To arrive
at maximum time permissible for civil transport to reach various destinations as a guideline will be as
under:-
35. Notification for hill and plain sector and reasonable travel time for respective stations in the area
of jurisdiction will be outlined by the Executive Officer at the beginning of the year/prior to
conclusion/start of contract. In case of any dispute, the decision of the Executive Officer will be final.
36. When providing CHTs, the Seller or his representative (s) will initial the Car Diary at the time of
commencement of duty and obtain full signature of officer using the CHTs, and also obtain signature of
Buyer/his representative on the car diary and relevant documents on completion of duty. The Seller
shall accept the signature of such representative as full binding on him.
37. The CHT driver will be provided with a load tally and transport indent for the destination which
the Seller will get cleared in a reasonable time before closure of the bill (s) for the month. In case of
failure to do so he shall not claim any payments for these bills till such time these are cleared by the
consignee.
38. The amount of such losses will be determined by the Government which will be the cost of the
items at the prevailing market rates at the destination or at the Stock Book Rate List (SBRL) rates
existing at that time, plus 100% departmental/incidental charges or such charges that are decided by
Executive Officer, HQ 142 Infantry Brigade from time to time depending on the merits of the case. The
decision of Executive Officer will be final and binding.
39. The Seller agrees to follow the route specified by the Buyer sanctioned by the appropriate
authority. The Seller will produce toll forms issued by the excise department located on the route of
operation. If this condition or any other condition is violated, the Seller understands that the following
penalties will be imposed :-
(a) Contract shall be terminated from the day the violation is detected/reported by any
agency.
(b) All outstanding dues will be forfeited and deposited with the Government.
(c) Security deposit/PBG lodged will be forfeited and deposited with the Government.
(d) Firm/Transporter (s) will be debarred from supply of transport to defence department for a
period of one year from the date of imposition of penalty.
(e) The Seller agrees to provide stationery forms and clerical assistance in the preparation of
the bills, maintenance of registers and documents in connection with the operation of this
agreement.
40. The time and kms run will be calculated from control room/desired place. In case the duty of the
vehicle is cancelled (due to exigencies of service) on reaching the control room, no charges will be paid
to the contractor. Both way payments will be made for mortal remains.
41. No parking charges for railway station/ airport or any other place will be given by the hirer. No
waiting/halt charges will be paid to the contractors. The rates, which have been tendered and further
finally notified in the Supply Order, will only be paid to the contractor.
43. If applicable, vehicles hired from plains going to hills will be paid plain rate and hill rate as run.
Hill rates will be paid from base of said hill station.
44. Thirty minutes and above will be charged as one hour and time below thirty minutes will be
ignored.
45. In case the vehicle is de-hired at the destination (in case of outstation duties) the charges for the
return journey will not be paid for. The payment will be made at the per Km rate for one way. In case the
vehicle is hired for onward & return journey it will be paid at the per km rate for both ways.
46. The Government shall have the right to hire vehicles from Army Welfare Transport or any Central
Government aided/sponsored scheme from State Govt/unit within or outside the area covered by this
contract or State Government transport/ or any other transport in lieu of CHT vehicles provided by
Seller under this contract which are not found acceptable and Seller will have no claim against the
Government as damages or compensation on account of rejected/unaccepted vehicles by the authorities
concerned.
17
47. Seller cannot claim to be issued with Petrol/diesel/FOL either free or on payment from military
sources for conveyance of officials as assigned under this contract as his rates are inclusive of FOL.
FOL required for this purpose will be arranged from civil sources under Seller‟s arrangement. In case of
non-supply of FOL it will not absolve Seller from any contractual obligations to fulfill the demand placed.
48. Any expenditure incurred by the Government through Army authorities in providing medical aid,
repair, recovery and such other facilities which may not be readily available with civil authorities in
remote and difficult areas would be recovered by transport hiring/operating officer from contractor‟s bills
or from Security Money/ PBG lodged with Army authorities or by any other means the Government
deems fit to enforce recovery.
49. No additional claim will be permissible for duties performed on Sundays/Holidays (Including
National Holidays). No payment shall be admissible for any period of time spent in halts for food, water,
rest, refueling maintenance, repairs or for any other purposes, not specifically authorized by the
Schedule/officer operating the contract while employing the transport.
50. Seller agrees that rates quoted for nominated station (where applicable, on Km basis contracts,
e.g. Light vehicles) will also be applicable for allied stations at same terms and conditions. Allied stations
will generally be around 50 Km from nominated station and specifically mentioned allied stations may be
even further upto 100 Km from main stations. The allied stations may thus have additional Buyers,
which shall be nominated by Executive Officer. Rates of Km basis contracts will only be used for
requirements for/from Station where no contracts exist.
51. When utilising clause 60 or 61 or any other such clauses and rate achieved for a station is at
variance from contract rate fixed for that station, cheapest option will be availed by the buyer. Seller will
have no objection to that.
52. When quoting rates on Km basis for various blocks, rates will be paid for total Km used from
starting point to destination at the rate per Km quoted for final block (in which Km used falls) as per car
diary signed by user officer/officer recommended by CO unit hiring vehicle.
53. There will be no revision of rates during the contract period. In case of any changes of costs in
any of the input items for transport like tyre/ tubes, battery, spare parts and FOL items etc, no additional
compensation will be liable to be paid during the contractual period and Seller will not ask for any
relaxation/variation of schedule/conditions.
54. Notwithstanding anything and without prejudice thereto, the Buyer or his representative may
recover from Seller as compensation such sum as may represent the cost of the goods, cost of
restoration of damage and depreciation at the market rate prevalent at the destination or SBRL payment
rates plus 100% departmental charges or at the rates fixed by Army at the discretion of Executive Officer
:-
(a) In the event of accident resulting in injury or death to service personnel or their families,
dependents or employee or luggage, I/We be liable to pay compensation as per Motor Vehicle
Act amended from time to time.
55. Halt charges and acclimatization charges (wherever applicable) will be paid.
56. The Seller shall indemnify the Government against any claim action or demands relating to any
accident or damage that may occur to any vehicles(s) and driver(s) employed under this agreement or to
any person involved in such accident. In the event of any damage, loss or depreciation to any articles
handed over under this agreement, occur owing to neglect or delay on contractors part, the contractor
shall be liable to pay compensation to Government up to the value of stores so lost, damaged or
depreciation and the compensation to be paid by the contractor shall be that of the competent financial
authority based on the recommendations of the Court of Inquiry and Commanders in chain. Further,
with respect to delivery of vehicles/services from one station to the other the time taken for the same
shall be in conjunction with the distance travelled on the basis of speed/KM ratio and type of terrain.
Keeping in view any contingencies occurring enroute , like vehicle breaking down or roadblocks,
it would be entirely binding upon the contractor to arrange for a relief. For this, in addition to the
specified time three additional days may further be granted to complete the journey period, if
contract operating authority feels appropriate. The procurement of vehicles shall be time bound
and delay caused would be entirely at the cost of the contractor.
57. In the interest of State, CFA or the officer acting on his behalf reserves to himself the right to use
any alternative transport whether Government owned, or other hired to the extent available in preference
to the contractors service under this agreement and Seller shall have no claim for compensation on this
account.
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58. In case of any inconvenience/changes in any of the input items for transport like tyre/tubes,
battery spare parts and FOL items etc, no additional compensation will be liable to be paid during the
contractual period and Seller will not ask any relaxation/variation of Schedule/BoQ/conditions.
59. In case of any accident during the performance of the duty the cost of damage will be borne by
the Seller. No compensation will be given by the Army authorities. No payment shall be admissible for
any period of time spent in halts for food, water, rest, refueling, maintenance, repairs or for any other
purposes, not specifically authorized by the Schedule/BoQ/officer operating the contract while employing
the transport.
60. Seller shall bear and pay all rates, taxes and fee payable in respect of the vehicles or drivers,
which may be imposed by a municipal or other civil authority as applicable.
61. Seller agrees to pay/hire charges for the Government transport supplied, if any, to Seller on
request in case of failure of transport services due to any cause(s), at the rates fixed by the Government
in accordance with orders which may be current at the time the transport is hired. Seller clearly
understands that the aforesaid clause does not in any way bind or oblige the Government to provide the
Seller with the services. The decision of the Buyer in this matter will be final and binding on Seller.
62. Driver of CHT vehicles will be in possession of valid driving license and permit as
applicable issued by appropriate authority and other documents like registration certificate,
pollution check certificate insurance, route permit pertaining to the vehicle. These documents
will be checked by the buyer or his rep at the time of hiring the vehicle. Non possession of any of
above mentioned documents may render vehicle to be rejected.
63. The dress worn by the driver will be neat and clean and not dirty.
64. Seller will also ensure that verification and credentials of the drivers are established prior to their
hiring for any military duty. Also that the drivers being employed for civil hired transport are having
adequate experience of driving the vehicle in hilly terrain. Adequate arrangement to be made at Seller‟s
expense for rations and bedding for drivers when they are on duty.
65. The manner, etiquettes, conduct and behavior of the drivers should be sober, amicable and
acceptable in the society. Under no condition the driver will be rude or retaliate/enter in argument with
the users. Driver/cleaner will not use any intoxicant while on duty.
66. All person(s) employed by Seller in handling the CHTs under the contract shall be of proper
integrity, healthy and also clean in person and clothing. They will be subjected to police verification,
medical examination as and when desired by the authorities concerned. Persons found to be unsuitable,
having criminal background or intoxicated will be replaced without any delay and time. Amount spent for
replacement will be borne by the Seller. If so desired by the authorities such employees will undergo
special police verification, failing which they will not be engaged or employed for handling CHTs under
the contract.
67. All persons/vehicles employed by the Seller in handling of contract, drivers and cleaners of
vehicles under this contract shall be free from all security point of view, nothing outstanding against them
from police department and properly scrutinized by the Police. They will be subject to verification from
Police as and when desired by the buyer and the person/vehicles found to be undesirable/unsuitable will
be replaced by suitable men/vehicle without undue delay, if so desired by the buyer.
68. Seller agrees and will be responsible, for any untoward happening like accident/death of drivers
during duties and Seller will not claim any compensation from Government.
69. Some Do‟s and Don‟ts may be formulated and handed over to the CHT contractor/driver, such
as, dress of drivers, name plate of drivers, wearing of shoes, min 5 years driving experience and with
adequate manners and attitude to greet the VIP and introduce himself etc. The driver will be attired in
shirt and trouser and should have pleasing manners and should look presentable.
70. All CHT light vehicles drivers will be in possession of a working mobile telephone to be provided
by the CHT contractor concerned. This will facilitate proper coordination & effective employment of the
CHT by the user/hirer.
71. The drivers must have minimum five years experience of driving for light vehicles.
72. Uniform will be worn by the driver as per state govt notification and the driver will not drive
without a proper footwear.
73. Driver of a vehicle will be changed immediately by Seller, if so desired by the Buyer or officer
using CHT vehicle.
74. Employment of Agent (s) by Seller. If the contract is not handled by Seller personally, the
Seller will employ a reliable agent holding power of attorney who will report to the officers operating the
19
contract or his representatives to receive demands and tender CHT vehicles as well as to carry out all
work connected with this contract on behalf of the Seller at the time and place stated by Buyer/officer
authorized.
(a) All person(s) employed by Seller in handling the CHT vehicles under the contract shall be
healthy and also clean in person and clothing. They will be subject to medical examination as
and when desired by the authorities concerned. Persons found to be medically unsuitable or
intoxicated will be replaced by suitable replacement without undue delay and time. If so, desired
by the authorities such employees will undergo vaccination and inoculation failing which they will
not be engaged or employed for handling CHTs under the contract.
(b) In the event of an agent employed by Seller for dealing in CHTs, Seller shall submit an
affidavit to declare him as the authorized agent. Such agent may be approved by the
Buyer/Officer concerned. Agent(s) considered undesirable by the Buyer (s) would be replaced
by Seller by suitable person(s) within a maximum period of three days and during this period of
three days, Seller shall directly deal with Buyer/Officer concerned and will be available to take
their requirements. Seller and the accredited agent will give full verifiable address and telephone
numbers to the Buyer where Seller or agent can be contacted or the demand for the transport
can be placed. If Seller or agent fail to turn up to take the demand for the transport, and in case
of any change, it will immediately be informed to the Buyer.
(c) Identity cards/entry passes may be issued strictly valid only for the currency of the
contract on annual basis, to the sole proprietor in respect of partnership concern and power of
attorney holder of particular station, by the designated Buyer in consultation with formation staff
as per existing security procedures. The transport firm which is issued with such identify
card/entry passes, will invariably give in writing an undertaking to Buyer or his representative that
personnel and the transport employed for carriage of defence stores/personnel as per contract
have been verified and are not involved in any anti-national activity, which may jeopardize
national security.
(d) The seller will render a certificate stating that no classified information with reference to
movement of troops / stores or any other military matters will be divulged by him or his staff with
any unauthorized person which he would be privy to by virtue of being associated with any such
informative because of his business.
75. The seller shall ensure that servants and agents employed him/they confirm to any reasonable
instructions to ensure their punctuality in attendance or integrity and respectful behaviour that may be
given by the officer sanctioning the contract or the officer operating the contract.
76. I/we agree to pay fair wages to the drivers/staff/labours employed by me/us. In the event of any
dispute as to what constitute their wages, the decisions of the Area Labour Committee shall be final.
77. Procedure for Hiring of Vehicles. The following will be the procedure for indenting vehicles
and complying with transport indents:-
(b) In cases of urgent military necessity, vehicles may be demanded over the telephone.
However, in such cases covering indents will be submitted by the indenting unit upto four hours
before the time the vehicle is required.
(c) Vehicle indented for by the Buyer will be supplied at the time and place given in the order
issued by him.
(d) When providing CHT vehicles Seller (or his representative) will initial the Car Diary at the
time of commencement of duty and obtain full signature of officer using the vehicle, and also
obtain signature of the Buyer/his representative on the Car Diary and relevant documents on
completion of duty. Seller will accept the full signature of such representative as fully binding on
Seller.
(e) Seller shall comply with quantity demanded at a time and the total quantity mentioned in
Schedule/BoQ of this contract for specified period.
(f) CHTs as and when required will be provided by Seller at any place within the area
covered by the supply area as specified in the Schedule/BoQ or place specified by Executive
Officer/Contract Operating Officer, at such time and in such numbers as the Buyer or his
representative (s) so directs.
(g) Except in case of natural calamities, transport will be made available at given date and
time. In case of delay the Buyer will be at liberty to either impose a penalty for the delay or can
make alternate arrangements at seller(s) under risk & expense.
20
(h) Seller or his accredited representative will report to the Buyer everyday by 1800 hours /at
the time given by him for collecting the demand of transport required and the transport will be
provided by him on the date and time specified. It will be the responsibility of Seller to ensure
that the demand from the Buyer or his representative is taken at the time given. In case Seller
fails to take the demand and does not provide transport as required, the Buyer or his
representative will be at a liberty to hire transport at his/their risk and expense without notice.
(j) Seller shall provide suitable/fit vehicles in required quantity and type for transportation of
military consignment/troops from consignor station to consignee/destination. He will be
responsible for proper lashing, carriage enroute, safety, provision of red flags/fluorescent light
etc in case required in each vehicle and will also ensure that all formalities including refueling,
advance payment to crew, any minor repairs required are carried out before placing vehicle for
loading. Vehicle once loaded will move to destination on designated route, together as a convoy.
Suitable permits required enroute for entry into particular area/state will be arranged before hand.
In case of splitting of convoy as intimated by Buyer, move on route other than designated may be
permitted.
(k) Seller has no objection to the increase/decrease of the demand of vehicle placed on,
provided such changes/cancellations are made 12 hours in advance. However, in emergency, a
demand placed on may be cancelled upto four hours in advance. No compensation will be paid
for cancellation of demand.
(l) All vehicles will report to CO/OC of unit where directed by Buyer at parking area of
concerned unit. No vehicle will be permitted to be left unattended at any time.
78. Event of Emergency. In the event of state of emergency being declared by the President
of India in the area under which this contract is held and the control of vehicles required under the
contract being taken over by the civil or military authority, I/we agree to obtain my/our requirement for
the purpose of this contract through and under the supervision of same authorities and without extra cost
to Government i.e. without altering the original tendered rate for supply under the contract. In the event
of such state of emergency being declared while the contract is in force and within 61 days before expiry
of the contract period I/we hereby agree that if desired by the officer sanctioning the contract, the
contract shall continue in force up to a date of 61 days after the date originally fixed for the termination
of the contract. Notwithstanding anything to the contrary herein contained if the military situation
necessitates such a course, this contract may be terminated by the officer sanctioning the contract on
giving the contractor 60 days (30 days in all short term contracts of 6 months or less) notice at any time
without the contractor being entitled to any compensation on that account. After state of emergency has
been declared by the President of India which covers the area in which the contract is held, OC Wksp,
315 Field Workshop Company will have sole discretion to decide the date from which the military
situation warrants termination of the contract and such date will be communicated to seller in writing and
seller agree to accept his decision as fully binding on the seller from that date.
79. I/we acknowledge that I/we have myself/ourselves fully acquainted with all the conditions and
circumstances under which the vehicle required under the contract will have to be arranged or provided
and with all the terms, clauses, conditions, specifications and other details of the contract and I/we shall
not plead ignorance of any of these as excuse in case of complaint against or rejection of vehicles
tendered by me/us or with a view to either asking for enhancement of any rates agreed to the contract or
evading any of my/our obligations under the contract.
21
(The Bidder is required to give confirmation of their acceptance of the Standard Conditions of the RFP
mentioned below which will automatically be considered as part of the Contract concluded with the
successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in
rejection of the bid submitted by the Bidder).
1. Law. The Contract shall be considered and made in accordance with the laws of the Republic
of India. The contract shall be governed by and interpreted in accordance with the laws of the Republic
of India.
2. Effective Date of the Contract. Normally, the contract shall come into effect on the date of
signatures of both the parties on the contract except when some other effective date is mutually agreed
to and specifically indicated/provided in the contract. The deliveries and supplies and performance of the
services shall commence from the effective date of the contract.
3. Arbitration. All disputes or differences arising out of or in connection with the Contract shall be
settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the
Contract or relating to construction or performance, which cannot be settled amicably, may be resolved
through arbitration. The standard clause of arbitration is as per Form DPM-7 enclosed with Part-III of the
RFP.
4. Penalty for use of Undue influence. The Seller undertakes that he has not given, offered
or promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or
inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to
do or for having done or forborne to do any act in relation to the obtaining or execution of the present
Contract or any other Contract with the Government of India for showing or forbearing to show favour or
disfavour to any person in relation to the present Contract or any other Contract with the Government of
India. Any breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his
behalf (whether with or without the knowledge of the Seller) or the commission of any offers by the Seller
or anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code,
1860 or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption
shall entitle the Buyer to cancel the Contract and all or any other contracts with the Seller and recover
from the Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his
nominee to the effect that a breach of the undertaking had been committed shall be final and binding on
the Seller. Giving or offering of any gift, bribe or inducement or any attempt at any such act on behalf of
the Seller towards any officer/employee of the Buyer or to any other person in a position to influence any
officer/employee of the Buyer for showing any favour in relation to this or any other contract, shall render
the Seller to such liability/penalty as the Buyer may deem proper, including but not limited to termination
of the Contract, imposition of penal damages, forfeiture of the Bank Guarantee and refund of the
amounts paid by the Buyer.
5. Agents / Agency Commission. The Seller confirms and declares to the Buyer that the Seller is
the original manufacturer of the stores/provider of the services referred to in this Contract and has not
engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any
way to recommend to the Government of India or any of its functionaries, whether officially or
unofficially, to the award of the contract to the Seller; nor has any amount been paid, promised or
intended to be paid to any such individual or firm in respect of any such intercession, facilitation or
recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer
that the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that
the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward,
fees, commission or consideration to such person, party, firm or institution, whether before or after the
signing of this Contract, the Seller will be liable to refund that amount to the Buyer. The Seller will also
be debarred from entering into any supply Contract with the Government of India for a minimum period
of five years. The Buyer will also have a right to consider cancellation of the Contract either wholly or in
part, without any entitlement or compensation to the Seller who shall in such an event be liable to refund
all payments made by the Buyer in terms of the Contract along with interest at the rate of 2% per annum
above LIBOR rate. The Buyer will also have the right to recover any such amount from any contracts
concluded earlier with the Government of India.
6. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the Seller
has engaged an Agent or paid commission or influenced any person to obtain the contract as described
in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the Seller, on
a specific request of the Buyer, shall provide necessary information/ inspection of the relevant financial
documents/information.
7. Non-disclosure of Contract Documents. Except with the written consent of the Buyer/ Seller,
other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or
information thereof to any third party.
22
8. Termination of Contract. The Buyer shall have the right to terminate this Contract in part or in
full in any of the following cases:-
(a) The delivery of material/service is delayed for causes not attributable to Force Majeure for
more than five times in a month or 15 times during the period of the contract.
(c) The delivery of material/service is delayed due to causes of Force Majeure by more than
three months provided Force Majeure clause is included in contract.
(d) The Buyer has noticed that the Seller has utilised the services of any Indian/Foreign
agent in getting this contract and paid any commission to such individual/company etc.
9. Notices. Any notice required or permitted by the contract shall be written in the English
language and may be delivered personally or may be sent by FAX or e-mail/SMS/registered pre-paid
mail / airmail, addressed to the last known address of the party to whom it is sent.
10. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or
otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit
or advantage of the present Contract or any part thereof.
11. Patents and other Industrial Property Rights. The prices stated in the present Contract shall
be deemed to include all amounts payable for the use of patents, copyrights, registered charges,
trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer
against all claims from a third party at any time on account of the infringement of any or all the rights
mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The
Seller shall be responsible for the completion of the supplies irrespective of the fact of infringement of
the supplies, irrespective of the fact of infringement of any or all the rights mentioned above.
12. Amendments. No provision of present Contract shall be changed or modified in any way
(including this provision) either in whole or in part except by an instrument in writing made after the date
of this Contract and signed on behalf of both the parties and which expressly states to amend the
present Contract.
(a) If any concession is available in regard to rate/ quantum of any Duty/ tax, as mentioned
by the Seller in their bids, relevant certificate will be issued by the Buyer to enable the Seller to
obtain exemptions from taxation authorities.
(b) Any changes in levies, taxes and duties levied by Central/State/Local governments such
as excise duty, VAT, Service tax, Octroi/entry tax, etc on final product upward as a result of any
statutory variation taking place within contract period shall be allowed reimbursement by the
Buyer, to the extent of actual quantum of such duty/ tax paid by the Seller. Similarly in case of
downward revision in any such duty/ tax, the actual quantum of reduction of such duty/ tax shall
bereimbursed to the Buyer by the Seller. All such adjustments shall include all reliefs,
exemptions, rebates, concession etc, if any, obtained by the Seller, Section 64-A of Sales of
Goods Act will be relevant in this situation.
(a) If it is desired by the Bidder to ask for Sales tax / VAT to be paid as extra, the same must
be specifically stated. In the absence of any such stipulation in the bid, it will be presumed that
the prices quoted by the Bidder are inclusive of sales tax and no liability of sales tax will devolve
upon the Buyer.
(b) On the Bids quoting sales tax extra, the rate and the nature of Sales Tax applicable at the
time of supply should be shown separately. Sales tax will be paid to the Seller at the rate at
which it is liable to be assessed or has actually been assessed provided the transaction of sale is
legally liable to sales tax and the same is payable as per the terms of the contract.
23
Form
(Refer to Para 3 of Part III – Standard Conditions of
Request for Proposal (RFP)
1. All disputes or differences arising out of or in connection with the present contract including the
one connected with the validity of the present contract or any part thereof, should be settled by bilateral
discussions.
2. Any dispute, disagreement of question arising out of or relating to this contract or relating to
construction or performance (except as to any matter the decision or determination whereof is provided
for by these conditions),which cannot be settled amicably, shall within sixty (60) days or such longer
period as may be mutually agreed upon, from the date on which either party informs the other in writing
by a notice that such dispute, disagreement or question exists, will be referred to a sole Arbitrator.
3. Within sixty (60) days of the receipt of the said notice, an arbitrator shall be nominated in writing
by the authority agreed upon by the parties.
4. The sole Arbitrator shall have its seat in Srinagar/ as decided by CFA or such other place in India
as may be mutually agreed to between the parties.
5. The arbitration proceedings shall be conducted under the Indian Arbitration and Conciliation Act,
1996 and the award of such Arbitration Tribunal shall be enforceable in Indian Courts only.
6. Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration
including the fees and expenses shall be shared equally by the parties, unless otherwise awarded by the
sole arbitrator.
7. The parties shall continue to perform their respective obligations under this contract during the
pendency of the arbitration proceedings except in so far as such obligations are the subject matter of the
said arbitration proceedings.
(Note - In the event of the parties deciding to refer the dispute(s) for adjudication to an Arbitral Tribunal
then one arbitrator each will be appointed by each party and the case will be referred to the Indian
Council of Arbitration (ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed
by the parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall be
equally shared by the buyer and Seller).
_______________________________
_______________________________
(The Bidder is required to give confirmation of their acceptance of Special Conditions of the RFP
mentioned below which will automatically be considered as part of the Contract concluded with the
successful Bidder (i.e. Seller in the Contract) as selected by the Buyer. Failure to do so may result in
rejection of Bid submitted by the Bidder.)
1. Performance Guarantee.
(a) The Bidder will be required to furnish a Performance Guarantee by way of FDR or
Performance Bank Guarantee (PBG) through a public sector bank or a private sector bank
authorized to conduct government business (ICICI Bank Ltd., Axis Bank Ltd or HDFC Bank Ltd.)
for a sum equal to 3% of the contract value (incl taxes) within 30 days of receipt of the confirmed
order or before the commencement of contract, whichever is earlier (or within such extended
time as may at the sole discretion of the Executive Officer be granted to the contractor).
(b) Performance Bank Guarantee (PBG)/FDR should be valid up to 180 days beyond the
date of completion of contractual obligations. The PBG/FDR should be made out in favour of
PCDA, Jammu. The specimen of PBG is given in Form DPM-15 attached to Part-IV of Special
Conditions of RFP.
(c) The Seller will have to refund to the government any claim under the warranty clause and
other claim(s) that may arise out or under this contract as soon as a demand to that effect is
made by the contract sanctioning officer, failing which such claims will be recovered by
adjustment against the performance security deposits. Should this sum be not sufficient to cover
the full amount recoverable, the Seller shall pay the remaining balance due to the government
on demand.
(d) The performance Bank Guarantee/FDR as per this contract can be adjusted by the
Government if there is any claim whatsoever it has against the Seller relating to this contract or
otherwise.
(e) The performance Bank Guarantee/FDR will be refunded to the Seller only after the
completion of the contract in all respects and on submission of „No Demand Certificate‟
obtainable from Buyer by the Seller. Performance Security Deposit or any balance thereof
remaining at the end of the contract shall not be returned to the Seller until their accounts have
been finally audited and settled.
2. Provisions of Govt of India, Ministry of Defence, New Delhi letter No 75681/ADG Mov
(Budget)/1277/ D(QS)/2006 dt 27 Mar 2006 will be applicable to alll contracts concluded in Northern
Command. Vide provisions of this letter 'Existing contract may be extended for a period of upto one
year at the discretion of CFA'.
3. Option Clause. Under this clause the Buyer on behalf of the Competent Financial Authority
retains the right to place orders for an additional 50% of the original contracted quantity in accordance
with the same terms & conditions of the present contract. This will be applicable within the currency of
contract. The Bidder confirms the acceptance of the same for inclusion in the contract. It will be entirely
the discretion of the Buyer to exercise this option or not.
4. Repeat Order Clause. Under this clause, the Buyer retains the right to order upto 50% quantity
of the vehicles under the present contract within six months from the date of supply/successful
completion of this contract, the cost, terms & conditions remaining the same. The Bidder confirms
acceptance of this clause. It will be entirely the discretion of the Buyer to place the Repeat Order or not.
5. Tolerance Clause. To take care of any change in the requirement during the period of the
contract, Buyer reserves the right to increase the qty by 50% or decrease the qty by 100% of the
contract without any change in the terms & conditions and prices quoted by the Seller. While operating
the contract, the quantity ordered can be increased or decreased by the Buyer within this tolerance limit.
There is no guarantee that the requirement shall remain at this level through out the period of contract
and also may not be evenly distributed over the period of this contract. No claim for compensation what
so ever shall be made by Seller or entertained by the Government on any reduction in demand resulting
in utilization above/below the scheduled quantities nor request for ex-gratia payment will be made by
Seller. In case vehicles are not hired at all due to non-availability of funds, no claim for any
compensation on this account will be admissible. In the event of withdrawal (or reduction in the number)
of troops and consequent reduction in demand or due to any other reason the requirement also may
become Nil and no claim for the same would be permissible.
25
6. Payment Terms. It will be mandatory for the Bidders to indicate their numbers and other
relevant e-payment details so that payments could be made preferably through ECS/NEFT/RTGS
mechanism instead of payment through cheques. A copy of the model mandate form prescribed by RBI
to be submitted by Bidders for receiving payments through ECS is at Form DPM-11 (Available in MoD
website and can be given on request). Payment will be made as per the following terms, on production
of the requisite documents:-
(a) Buyer will make necessary 100% payment directly to the contractor through
crossed cheques or by E- payments wherever feasible.
(b) Seller shall submit bills to the officer operating contract within a week for all vehicles for
each station duly accepted of preceding month. These bills will be presented on the correct
printed forms (format to be obtained from the officer operating the contract) duly receipted and
supported with the indents given by Receiving Officer. The charges in these bills shall always be
entered at the same rates for each vehicles as are shown in the schedule of the Contract
Agreement / Supply Order and under such clause of the Schedule/BoQ as pertains to it and is
specified by the Contract Operating Officer in the requisition or order .
7. In case of any doubt on payment clause, the same will be paid by adopting payment rates which
are most economical to the State.
8. Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be made for Toll
Taxes, Entry Taxes, Octroi duty and local Taxes if any. The Seller should cater for these Taxes/ duties
as part of Basic rate quoted on the BOQ.
9. Good & Services Tax (GST). Good & Services Tax as applicable by notification of
Government of India and revised from time to time by GST council would be paid separately by the
buyer on production of proof of payment by the Seller. GST will be quoted separately in BOQ and will
not form part of Basic rate for determination of L-1 (lowest) bidder.
(a) The officer to whom vehicles are to be tendered (in the contract referred to as the Buyer,
which expression shall include his duly authorized representative) may reject the transport, if in
his opinion the transport provided does not meet the requisite standards as applicable.
(b) Seller shall not charge or be paid for transport rejected as per provisions contained
herein, and such transport shall be removed by Seller at his own expense.
(c) Seller shall neither claim nor be entitled to payment for any damage that rejected
transport may suffer or any other harm incidental to a full and proper examination and test of
such transport.
(d) The buyer shall be under no liability whatsoever for rejected transport and the same shall
be at Seller‟s risk.
(e) The buyer shall, in the event of rejection of transport be entitled to demand replacement,
at Seller‟s own cost of such transport of the quality required.
(ii) Extra expenditure on account of risk and expense purchase made by the buyer as
above will be deducted out of Seller‟s payment of bills, due to Seller‟s or from the
Performance Security Deposit as the case may be pertaining to the said contract. In the
event of any dispute of reasonableness of the actual amount recovered from Seller it will
only be resolved at Seller‟s instance under arbitration/settlement of disputes clause in this
contract.
26
(g) Buyer will also be at liberty, without prejudice to the right to recover extra expenditure
incurred on account of risk purchase as a remedy for breach of contract to declare the contract
as cancelled either wholly or to the extent of such default.
(h) In the event of vehicle(s) arranged from other sources at Seller‟s risk and expense in
accordance with the terms of the contract the amount of excess charges, if any, involved in
having to meet the complete demand of CHT, will be in addition to the amount recoverable from
Seller, for making such arrangement and be charged from Seller.
(j) In the event of Seller‟s failing, declining, neglecting or delay to comply with any demand
or request to replace defective vehicle in reasonable time of 1 to 2 hours or otherwise not
executing the same in accordance with the terms of contract, the Buyer or his successor shall be
at liberty (without any prejudice to any other remedy) to procure or to arrange the vehicles from
other source at the expense of the Seller.
(k) In the event of Seller failing to meet the demand of the Buyer or his representative, even
after the lapse of grace period, the Buyer or his representative may hire the vehicles through
other transport agencies/Govt/ Defence agencies/operators at his risk and expense and the
recovery of extra expenditure including incidental charges will be made out of his running/future
bills or security deposits which includes other contract also which the Seller may be
running/operating.
(l) In the event of breakdown of vehicles employed under this agreement (whether caused
by mechanical defect or other reasons), Seller will replace them and arrange for replacement. If
Seller fails to do so within acceptable time frame but not later than six hours, the officer
operating the contract will be at liberty to make suitable arrangements at Seller‟s risk and
expense and such hiring will be intimated to the Seller after termination of duty through a written
letter.
(m) In the event of failing, declining, neglecting or delay to comply with any demand or
request or otherwise not executing the same in accordance with the terms of contract, the Buyer
or his successor shall be at liberty (without any prejudice to any other remedy) to procure or to
arrange the vehicles from other sources through a Station board of officers at risk and expense
of Seller.
11. Specification. The Seller guarantees to meet the specifications as per Part-II of RFP and
to incorporate the modifications to the existing design configuration to meet the specific requirement of
the Buyer Services as per modifications/requirements recommended after the Maintenance Evaluation
Trials. All technical literature and drawings shall be amended as the modifications by the Seller before
supply to the Buyer. The Seller, in consultation with the Buyer, may carry out technical upgradation/
alterations in the design, drawings and specifications due to change in manufacturing procedures,
indigenization or obsolescence. This will, however, not in any way, adversely affect the end
specifications of the equipment. Changes in technical details, drawings repair and maintenance
techniques alongwith necessary tools as a result of upgradation/alterations will be provided to the Buyer
free of cost within (30) days of affecting such upgradation/alterations.
(a) Neither party shall bear responsibility for the complete or partial non performance of any
of its obligations (except for failure to pay any sum which has become due on account of receipt
of goods under the provisions of the present contract), if the non-performance results from such
Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War,
Military operation, blockade, Acts or Actions of State Authorities or any other circumstances
beyond the parties control that have arisen after the conclusion of the present contract.
(b) In such circumstances the time stipulated for the performance of an obligation under the
present contract is extended correspondingly for the period of time of action of these
circumstances and their consequences.
(c) The party for which it becomes impossible to meet obligations under this contract due to
Force Majeure conditions, is to notify in written form the other party of the beginning and
cessation of the above circumstances immediately, but in any case not later than 10 (Ten) days
from the moment of their beginning.
(e) If the impossibility of complete or partial performance of an obligation lasts for more than
3 (three) months, either party hereto reserves the right to terminate the contract totally or partially
upon giving prior written notice of 30 (thirty) days to the other party of the intention to terminate
27
without any liability other than reimbursement on the terms provided in the agreement for the
goods received.
13. Quality. The quality of vehicles tendered according to the present Contract shall correspond to
the technical conditions and standards and specifications enumerated as per RFP and shall also include
therein modification to the vehicles suggested by the Buyer. Such modifications will be mutually agreed
to. The Seller confirms that the vehicles to be supplied under this Contract shall be of vintage as
specified in this contract and shall incorporate all the latest improvements and modifications.
14. Inspection Authority. The inspection of vehicles will be carried out by the Buyer or his
authorized representatives.
15. Earlier Acceptable Year of Manufacture. The seller agrees that vehicles which are
mechanically fit and in good condition will only be used and the vehs provided under the contract will not
be older than the vintage as given below :-
16. In the event of any dispute of providing vehicles between Seller and the Buyer regarding
quantities/qualities of vehicles tendered, decision of the Executive Officer shall be final and binding on
Seller.
17. Any restriction what so ever imposed by the local State Government on the civil transport will not
absolve the Seller from the obligation for the contract and will not be accepted as an excuse for non-
fulfilling the assigned task. In the event of any restriction imposed by the State/Central Government on
particular type of vehicle, such type of vehicles will not be provided by Seller and no compensation on
that account will be preferred by Seller against the Government.
18. The Buyer may reject the vehicles if in his opinion they are not fit in accordance with the contract.
I/we shall not charge or be paid for vehicles rejected as above, and such vehicles shall be removed by
the seller on the seller expense.
19. Seller will be liable to perform the duties detailed by the Buyer / his representative, as and when
detailed to any station as specified in the contract irrespective of the prevailing conditions in the station
or enrouting natural calamities like flood, earthquake etc and during strike, civil disturbances/outbreak of
hostilities. No additional compensation will be given.
20. Seller will adhere to the time permissible to travel the distance on the specified route as per the
instructions which will include routine halts, halts due to security reasons imposed by the Civil/ Army
authorities, convoy timing if any, enroute repair/ maintenance/ timing and so on to ensure the official(s)/
stores reach the destination in time. However, if the vehicle is not able to reach the destination by the
expected time of arrival the driver will get his copy of transport indent endorsed from Civil Police
authority and Army TCP stating the reasons for delay.
21. Seller will be responsible for safe carriage of stores/luggage/personnel and will not divulge to
any one the nature of duty, destination and other information connected with defence efforts.
22. Seller will not be permitted to carry any unauthorized person/luggage and stores in the vehicle
once hired.
23. If necessary, Seller agrees to get all consignments as stated/specified in the vehicle transport
indent weighed/measured at the starting/dispatching station and/or at unloading point to ascertain the
quantity and quality.
24. Seller agrees that the transport will be supplied as per demands/indents of the officer operating
the contract or road warrants presented to Seller on as required basis and the requirement of transport
will depend on the increase or decrease in the strength of troops in the area covered by the contract.
25. The hired vehicles when hired for station duties shall ply on routes within city limit (for station
duties) as given in the user indent which have been duly approved by Staff Q Branch of respective
Formation Headquarters. All satellite towns shall be deemed to be within city limits.
26. Time and Kilometer of duty will commence and terminate at the parking area as specified by
Buyer. No extra Km/time will be given for vehicle to report from garage or return.
27. The seller agrees and will be responsible, if any untoward happening occurs like accident/death
of drivers during duties and the seller will not claim to Govt and will be settled at sellers own risk. No
claim for compensation what so ever shall be made by the seller.
28
28. In the case of any accident, the contractor or his representative will info the nearest Police
Station, CMP post, Buyer, consignee/consignor. Court of Inquiry as in case of Army Vehicle will be
conducted and the decision of the competent financial authority shall be binding and final about losses of
recovery of Govt stores/persons.
29. Insurance. The Seller shall certify that the Seller has affected insurance to cover to all the
above benefits payable to those concerned and the Seller shall undertake to continue the insurance for
the period that agreement is in force. The Seller shall undertake to produce evidence to the satisfaction
of the sanctioning officer that the insurance company with which insurance has been effected has
received notice(s) that the Government is interested in the policy of insurance.
30. Penalties. If the seller violates any condition of the contract, the seller understand that the
following penalties may be imposed as per directions of Executive Officer:-
(a) Contract shall be terminated from the day the violation is detected /reported by any
agency.
(b) All outstanding dues will be forfeited and deposited with the Government.
(d) Security deposit lodged will be forfeited and deposited with the Government.
(e) Firm/ Transporter (s) will be debarred from quoting rates for supply of transport to defence
department in future.
(f) Transporter/firm may be removed/banned from the registered list of the army contractor.
(g) In case of repeated lapses i.e. 3 or more times, the contractor may invite recession of the
contract. Buyer may recommend removal of name from the approved list.
(h) Any additional penalty at the discretion of the Executive Officer for violating any terms and
conditions of the Contract agreement.
(j) If the seller or his/their representative or partner or any employee of the firm is found
guilty of malpractices, such as bribery, corruption, fraud, substitution of tender (s), adulteration of
stores, interpolation, misbehaves with any Government official, the seller understand that the
penalties as decided by the Executive Officer will be final and the penalties as mentioned under
various clauses/as applicable will be imposed.
31. Notwithstanding anything to the contrary mentioned in the agreement or special conditions
above, any dispute or difference of opinion arising out of the operation of this agreement, the decision of
the contract concluding authority and his successors in the office shall be final and binding.
32. In aforesaid termination, the bidder is liable to reimburse to the Government any additional
expense the Government incurs on procurement of the contracted item, either by way of local purchase
or by conclusion of fresh contract, for the entire period of the initial contract.
33. The buyer may also terminate the contract agreement before the end of the period of its validity,
if the situation so warrants, in case item / services contracted are no longer required owing to certain
unforeseen circumstances arising due to changes in the operational situation. The Officer who had
sanctioned the contract can terminate the contract after giving due notice to the bidder. Such
termination carries no compensation, and neither party has any obligation / liability towards each other
with effect from the date of such termination. However, all liabilities due to either party as regards the
contract for the period upto the date of the termination will be settled by both the parties as per the terms
and conditions of the contract.
34. Certified that if during the currency of the contract, is found that I/We are providing the vehicles of
same category under same terms and conditions in same station at the lower rates to my clients, the
contract may be terminated by the CFA/Executive Officer and my Performance Guarantee will be
forfeited.
35. As soon as Seller has signed the RFP, it will be deemed that Seller has fully read and
understood all the conditions and ignorance of any of these conditions after the contract has been
concluded will not be considered as an excuse for non fulfillment of any terms laid down therein.
36. The seller understands the authority calling for tenders is at liberty to conclude more than one
contract for any type of vehicles in one station.
37. The seller understand that though the rates quoted by me/us may be lowest, the Govt is at liberty
to negotiate with other tenderers as well and draw a panel of transport suppliers at the same rates and
destinations as quoted by me/us.
29
38. The seller acknowledge that he/they have himself/their selves fully acquainted with all the
conditions and circumstances under which the vehicles are required under the contract will have to be
arranged or provided and with all the terms, clauses, conditions, specifications and other details of the
contract and I/we shall not plead ignorance of any of these as excuse in case of complaint against or
rejection of vehicles tendered by me/us or with a view to either asking for enhancement of any rates
agreed to the contractor or evading any of my/our obligations under the contract.
39. Certified that RFP clauses will be applicable to Contract agreement and I/we hereby under take
to operate and perform the contract in accordance with both the documents.
40. Certified that I/We have signed the General/Special conditions and I/We have fully read and
understood both general and special conditions and ignorance of any of these conditions after
acceptance of my/our tender and thereby conclusion of contract, will not be considered as an excuse for
non fulfillment of any terms laid down therein. The documents consisting of General Information and
Instructions for the bidders about the RFP such as the time, place of submission and opening of tenders,
Validity period of tenders, etc, essential details of the items/ services required, such as the Schedule of
Requirements (SOR)/Bill of Quantity (BoQ), type of Transport Services (CHT) and buyer (s)/Consignee
details, Standard Conditions of RFP, Special Conditions applicable to this RFP shall form agreement
between our firm and Union of India (UOI) in case of Acceptance of Tender.
41. Buyer will maintain an updated record of e-mail IDs and mobile numbers of all the firms operating
CHT Contracts with them.
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Form DPM-15
(Refer to Para 1 (b) of Part IV – Special Conditions
of Request for Proposal (RFP)
To,
The President of India
Ministry of Defence,
Government of India
New Delhi
Dear Sir,
1. Whereas you have entered into a contract No._______ dated_________ (hereinafter referred to
as the said Contract) with M/s__________________________, hereinafter referred to as the “Seller” for
supply of goods as per Part-II of the said contract to the said Seller and whereas the Seller has
undertaken to produce a bank guarantee for( 3 % ) of total Contract value amounting to _________ to
secure its obligations to the President of India. We the _______________ bank hereby expressly,
irrevocably and unreservedly undertake and guarantee as principal obligors on behalf of the Seller that,
in the event that the President of India declares to us that the goods have not been supplied according
to the Contractual obligations under the aforementioned contract, we will pay you, on demand and
without demur, all and any sum up to a maximum of ____________Rupees _____________ only. Your
written demand shall be conclusive evidence to us that such repayment is due under the terms of the
said contract. We undertake to effect payment upon receipt of such written demand.
2. We shall not be discharged or released from this undertaking and guarantee by any
arrangements, variations made between you and the Seller, indulgence to the Seller by you, or by any
alterations in the obligations of the Seller or by any forbearance whether as to payment, time
performance or otherwise.
4. This guarantee shall remain valid for …… months from the date of JRI acceptance of test
consignment in India or until all the store, spares and documentation have been supplied according to
the contractual obligations under the said contract.
5. Unless a demand or claim under this guarantee is made on us in writing or on before the
aforesaid expiry date as provided in the above referred contract or unless this guarantee is extended by
us, all your rights under this guarantee shall be forfeited and we shall be discharged from the liabilities
hereunder.
6. This guarantee shall be a continuing guarantee and shall not be discharged by and change in the
constitution of the Bank or in the constitution of M/s________________________.
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1. Evaluation Criteria. The broad guidelines for evaluation of Bids will be as follows:-
(a) Only those Bids will be evaluated which are found to be fulfilling all the eligibility and
qualifying requirements of the RFP after scrutiny for Technical Evaluation. Bids of bidders whose
first cover (technical cover) is rejected during technical evaluation will not be opened.
(b) The Lowest Bid will be decided on the basis of lowest basket rate i.e overall combined
value of the rates quoted by vendor for all items/ routes. Contract would be awarded based on
combined value of all routes/ sub routes under a particular tender. As per the Price Format (BoQ
uploaded in DPP) given at Para 2 below. The consideration of taxes and duties in evaluation
process will be as follow:-
(i) In cases where only Indian Bidders are competing, L-1 bidder will be determined
on the basis of basic price excluding levies, taxes and duties levied by
Central/State/Local governments such as excise duty, VAT, Service tax, GST etc.
Octroi/ entry/ toll tax, local levies incidental charges will form part of basic
price/cost as quoted by bidders.
(ii) If there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price will prevail and the total price will
be corrected. If there is a discrepancy between words and figures, the amount in words
will prevail for calculation of price.
(iii) The Lowest Acceptable Bid will be considered further for placement of Contract/
Supply Order after complete clarification and price negotiations as decided by the Buyer.
The Buyer will have the right to award contracts to different Bidders for being lowest in
particular items. The Buyer also reserves the right to do Apportionment of Quantity, if it
is convinced that Lowest Bidder is not in a position to supply full quantity in stipulated
time.
2. Price Bid Format. The Price Bid Format is as per Bill of Quantities (BoQ) & bidders are required
to fill this up and upload.
Note. Determination of L-1 will be done based on total of basic price (not including levies, taxes
and duties levied by Central/State/Local governments such as excise duty, VAT, Service
tax, GST etc on final product) of all items/ requirements as mentioned above.
3. Additional information in Price Bid on Taxes and Duties (not in scope of L-1
determination)-
(i) Custom notification number under which CDE can be given (enclose a copy).
ADDITIONAL TERMS AND CONDITIONS (ATCs) FOR CIVIL HIRED TRANSPORT (CHT)
CONTRACTS OF INDIAN ARMY ON GeM PLATFORM
NOTES:
ANY CONDITIONS OR STIPULATIONS REFERRED HERE SHALL PREVAIL OVER THE GENERAL
TERMS & CONDITIONS (GTCs) OR STIPULATIONS CONTAINED IN THE SERVICE LEVEL
AGREEMENT (SLA) IN SO FAR AS AND TO THE EXTENT TO WHICH THE LATTER ARE IN ANY
WAY REPUGNANT TO THE FORMER.
(ii) Buses
1. Effective Date of the Contract. The contract shall come into effect on the date of signatures
of both the parties on the contract Agreement (Effective Date) and shall remain valid until the completion
of the obligations of the parties under the contract. The provision of transport services and performance
of the services shall commence from the effective date of the contract.
2. Penalty for use of Undue influence. Any act breach of the Seller or any one employed by
him or acting on his / her behalf (whether with or without the knowledge of the Seller) or the commission
of any offers by the Seller or anyone employed by him or acting on his / her behalf, as defined in
Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1986 or any other Act
enacted for the prevention of corruption shall entitle the Buyer to cancel the contract and all or any other
contracts with the Seller and recover from the Seller the amount of any loss arising from such
cancellation. A decision of the Buyer or his / her nominee to the effect that a breach of the undertaking
had been committed shall be final and binding on the Seller.
3. Agents / Agency Commission. The Seller confirms and declares to the Buyer that the Seller
is the original provider of the services referred to in this contract and has not engaged any individual or
firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to recommend to the
Government of India or any of its functionaries, whether officially or unofficially, to the award of the
contract to the Seller. The Seller agrees that if it is established at any time to the satisfaction of the
Buyer that the present declaration is in any way incorrect or if at a later stage it is discovered by the
Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift
the Seller will be debarred from entering into any contra ct with the Government of India for a minimum
period of five years. The Buyer will also have the right to recover any such amount from any contracts
concluded earlier with the Government of India.
4. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the
Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as
described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the
Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant
financial documents/information.
5. Non- disclosure of Contract Documents. Except with the written consent of the Buyer/ Seller,
other party shall not disclose the contract or any provision, specification or information thereof to any
third party. Declaration duly signed on official Letter Head of the Seller as per format given at Annexure-
I.
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6. Notices. Any notice required or permitted by the contract shall be written in the English
language and may be delivered personally or may be sent by FAX or registered pre-paid mail / airmail,
addressed to the last known address of the party to whom it is sent.
7. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or
otherwise dispose of the contract or any part thereof, as well as to give or to let a third party take benefit
or advantage of the present contract or any part thereof.
8. Amendments. No provision of this Bid document shall be changed or modified in any way
(including this provision) either in whole or in part except by an instrument in writing made after the date
of this contract and signed on behalf of both the parties and which expressly states to amend the
present contract.
9. Tax and Duties.
(b) Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment would be
made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local Taxes, if any. The
Seller should cater for these Taxes/ duties as part of Basic Rate quoted in the Bid.
(c) TDS. TDS as applicable will be deducted.
10. Tolerance Clause. To take care of any change in the requirement during the period starting
from issue Bid till placement of the contract, Buyer reserves the right to 50% plus/minus increase or
decrease the quantity of the required goods up to that limit without any change in the terms & conditions
and prices quoted by the Seller. While awarding the contract, the quantity ordered can be increased or
decreased by the Buyer within this tolerance limit.
11. Fall Clause. The following Fall Clause is applicable:-
(a) The price charged by the Seller for the services for / in / from / to a particular Station under
the contract shall in no event exceed the lowest prices at which the Seller sells the services or
offers to sell services of identical description to any persons/Organization including the purchaser
or any department of the Central or State Government or any statutory undertaking of the Central
or State Government as the case may be, during the currency of the contract.
(b) If at any time, during the said period the Seller sells or offers the services to any persons/
Organization as mentioned above, at a price lower than the price chargeable under this contract,
then he shall notify such reduction or sale or offer of sale to the Buyer immediately and the price
payable under this contract for such services shall stand correspondingly reduced.
(c) The Seller shall furnish a certificate to the Paying Authority along with each bill for
payment for services delivered against the contract in this regard.
12. Termination of Contract. In addition to anything mentioned in this document, the Buyer shall
have the right to terminate this contract in part or in full in any of the following cases:-
(a) The delivery of transport service is delayed due to causes not attributable to Force
Majeure for more than five occasions in a month and / or 15 times during currency of the
contract.
(d) The Buyer has noticed that the Seller has utilized the services of any Indian/Foreign
agent in getting this contract and paid any commission to such individual/ company etc.
(e) Notwithstanding anything to the contrary herein contained if the Military situation
necessitates such a course, this contract may be terminated by the Buyer giving the Seller 60
days notice at any time without the Seller being entitled any compensation on that account.
13. Rescission of Contract. The Buyer may rescind the contract by notice to Seller in writing:-
(a) If the Seller assigns or sublets the contract or, if Seller attempts to do so.
(b) If Seller or any of his / her agents or servants shall:-
(i) Be guilty of fraud in respect of the contract, or any other contract entered into by
the Seller with Government; or
35
(ii) Directly or indirectly give, promise or offer any bribe, gratuity, gift, loan, perquisite
reward or advantage pecuniary or otherwise to any Officer or person in the employment of
the Government in any way relating to such officer‟s / person‟s office or employment.
(c) If any such Officer or persons, mentioned in / sub paragraph (b) (ii) of this Para, become
in any way directly or indirectly interested in the contract.
(d) If Seller or any of his / her partners become insolvent or apply for relief as an insolvent
debtor or commence any insolvency proceedings or make any composition with creditors or
attempt to do so or in the case of being a registered company, any order is duly made or any
resolution is duly passed for winding up of the company.
(e) If it should transpire that Seller is doing business conjointly with any other contractor(s) or
that Seller is a partner in any other firm(s) on the Approved List of Contractors of Headquarters
Command.
(f) If Seller fails to deposit the Performance Bank Guarantee.
(g) In case of such rescission, Seller‟s P BG (or such portion thereof as the Buyer shall
consider adequate) shall stand forfeited and be absolutely at the disposal of Government, without
prejudice to any other remedy action that the Government may have or take.
(h) If this contract is for more than one station, its rescission under these conditions shall not
be affected by the acceptance, meanwhile or subsequently, or supplies/services accepted or
made at any station in ignorance of the rescission.
(j) In case of such rescission the Government shall be entitled to recover from Seller on
demand any extra expense the Government may be put to in obtaining supplies/services hereby
agreed to be supplied, from elsewhere in any manner, for the remainder of the period for which
this contract was entered into, without prejudice to any other remedy the Government may have.
14 Arbitration. All disputes or differences arising out of or in connection with this Contract shall
be settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the
Contract or relating to construction or performance, which cannot be settled amicably, may be resolved
through arbitration. The standard clause of arbitration is as per applicable Form of DPM-7.(Note - In the
event of the parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one
arbitrator each will be appointed by each party and the case will be referred to the Indian Council of
Arbitration (ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed by the
parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall be equally
shared by the buyer and the Seller).
15. Force Majeure Clause.
(a) Neither party shall bear responsibility for the complete or partial non-performance of any
of its obligations (except for failure to pay any sum which has become due on account of receipt
of goods under the provisions of the present contract), if the non-performance results from such
Force Majeure circumstances as Flood, Fire, Earth Quake and other acts of God as well as War,
Military operation, blockade, Acts or Actions of State Authorities or any other circumstances
beyond the parties control that have arisen after the conclusion of the present contract.
(b) In such circumstances the time stipulated for the performance of an obligation under the
present contract is extended correspondingly for the period of time of action of these
circumstances and their consequences.
(c) The party for which it becomes impossible to meet obligations under this contract due to
Force Majeure conditions, is to notify in written form the other party of the beginning and
cessation of the above circumstances immediately, but in any case not later than 10 (Ten)
days from the moment of their beginning.
(e) If the impossibility of complete or partial performance of an obligation lasts for more
than 6 (six) months, either party hereto reserves the right to terminate the contract totally or
partially upon giving prior written notice of 30 (thirty) days to the other party of the intention to
terminate without any liability other than reimbursement on the terms provided in the agreement
for the goods received.
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VEH SPECIFIC CONDITIONS
Load Carrier/CHTT
1. Maximum permissible weight to be loaded in a particular type of vehicle will be as per its RC/
instructions issued by respective RTO / RTA.
2. Any dispute as to the capacity of vehicles shall be determined by the COO or an Officer acting
on his / her behalf, whose decision shall be final.
5. Seller shall take all necessary precautions for proper loading and conveyance of stores fully
protected from loss or damaged due to water or fire or dust or shock or exposure to sun/dampness/
moisture etc. If there is any dispute as to what is necessary under this head, the same will be decided by
COO, whose decision shall be final.
6. In case of carriage of FOL products, the Seller / Driver will satisfy themselves that the seals of
barrels /Jerri can /tins are intact at the time of collection / loading of vehicles.
7. Seller shall provide all gear (including serviceable loading ropes and water proof sheets and
tarpaulins) for use on the CHTs in inclement weather.
8. Vehicles will neither be detained after loading nor will be diverted by the Seller / their accredited
agents to any other duty other than authorized by the COO, and will proceed directly to their
destinations.
9. Seller will be responsible for safe carriage of stores/luggage/personnel and will not divulge to any
one the nature of duty, destination and other information connected with defence efforts.
10. Seller will not be permitted to carry any unauthorized person/luggage and stores in the vehicle
once hired.
11. In case the vehicle once hired by the COO is found carrying double load ie the vehicle loaded
from one depot / location is found carrying additional load of another vehicle hired by the COO or any
other agency, carriage charges of both the vehicles will not be paid.
12. No transshipment of the consignment by the driver / Seller will be permitted without prior
permission of the COO. In the event of breakdown of the vehicle en-route, transshipment of military
stores may be affected at Seller‟s risk/cost and immediate information of the same will be given to the
COO or his / her representatives on telephone. Any damage to military goods during such
transshipment will be made good by the Seller without any representation as asked for by the
Consignee/COO.
37
ADDL TERMS
General
4. Bid Validity. The validity of the bid shall be for a duration of 180 days from the date on which it
is placed.
5. L1 Rate. The L1 rate arrived at after opening of the technical and the commercial bid shall
be valid for a period of 180 days after the commercial bid is opened.
(a) Ownership of Vehicles. The Seller should have the encumbrance free ownership of
minimum number of commercial registered vehicles as given below in the name of vendor/ firm/
company. Such Seller owned vehicles will be inspected by Technical Evaluation Committee and
will form part of the fleet deployed by the Seller against this contract, in case the contract is
assigned to the Seller against this bid:-
(iii) 8 3 5 No Stipulation
2 Crore
(iv) 5 Crore 15 7 7
(v) Above 5 22 12 12
Crore
Note: - In case of combined contracts the number of vehicles will be as per the value of particular
category.
7. The Buyer may authorize one or more officers as Consignees or Contract Operating Officers
(COOs) to operate the contract on his / her behalf. The Seller will accept and carry out all instructions
given by such COOs or their representatives in connection with this contract.
8. COOs may change during the currency of the contract due to functional reasons for which the
Seller shall have no objection.
38
9. If the contract is not handled by Seller personally, the Seller will employ reliable accredited
agent(s) holding power of attorney who may be approved by the COO. Agent(s) considered undesirable
by the COO would be replaced by Seller within three days.
10. Seller and the accredited agent will give their full verifiable address and telephone numbers to
the COOs where they can be contacted or the demand for the CHTs can be placed. Any change in the
contact details will immediately be informed to the COOs.
11. All persons employed by the Seller in handling CHT vehicles under the contract shall be healthy
and clean in person and clothing. They will be subject to medical examination as and when desired by
the authorities concerned. Persons found to be medically unsuitable will be replaced without delay and
time spent for replacement will be borne by the Seller.
12. Antecedents and character of all drivers and co-drivers will be verified by Police. Police
Verification will be handed over to the COO seven days before the commencement of contract. In case
the driver or/and co-driver are changed for any reason, the Police Verification of the new incumbents(s)
will be deposited with COO within 24 hours of commencement of duty.
13. There should be nothing outstanding against the vehicles / persons employed by the Seller for
this contract in records of any law enforcement agency.
14. Do‟s and Don‟ts pertaining to dress of driver and his conduct with the user may be formulated
and handed over by the COOs / users for strict compliance by the Seller/driver.
15. The etiquettes, conduct and behavior of the drivers should be sober, amicable and acceptable.
At no stage the driver will be rude and retaliate/enter into an argument with the users.
16. Driver of a vehicle will be changed immediately, if so desired by the COO or officer using CHT.
17. All CHT vehicle drivers will be in possession of a working mobile telephone.
18. The driver should be in possession of his / her driving license and requisite documents.
Common Terms for All Types of Vehicles Required Under the Contract
19. All Vehicles tendered will be registered/approved by the concerned RTO/RTA as commercial
transport and all taxes paid on due date.
20. For operation of the contractual obligations in the protected areas / States, where & when
required, all drivers and other staff employed will be in possession of inner line permit / validated card
issued by the civil administrative authorities.
21. A valid route permit is held for each and every vehicle provided to the Government under this
agreement.
22. “ON MILITARY DUTY” board will be displayed on the vehicles under the contract only when
hired by the Buyer.
23. Vehicles will fumigate/disinfect against infectious diseases, if any, as desired by military
authorities. All expenses in this connection will be borne by the Seller.
24. Seller cannot claim to be issued with Petrol/ Diesel/ Fuel/ Oil/ Lubricants, either free or on
payment for his vehicles, from military sources.
25. Seller will ensure that vehicles are mechanically fit and in good condition and check the following
before sending the vehicles on duty:-
(a) Wipers, light, indicators, beacon lights, horn and kilometer head are working.
(b) Tyre pressure is accurate and tyres are in good condition.
(c) Vehicle should be in mechanically fit condition and there should not be any vibration/
unwanted sound from Engine / Exhaust / Body.
(d) There is adequate fuel in the fuel tank.
(e) Good condition of interior upholstery of the vehicle.
(f) Possession of valid Pollution under control certificate.
(g) Brake and clutch are in serviceable condition.
(h) Good quality curtains will be provided in the windows of buses.
39
(k) A First Aid Box with appropriate medicines should be placed in Buses.
(l) One serviceable spare wheel.
(m) Necessary spares and tools for repairs.
(n) Spare cans filled with oil and water.
26. The civil vehicles required under the contract include those for conveyance of stores, officials,
personnel and civilians of Army, Navy, Air Force, Para Military Forces, Central/State Governments and
Nationals of other countries for whose subsistence Government of India accepts responsibility and who
happen to be or come into the area covered by the contract.
27. Seller‟s accredited representative will report to the COO at the designated time and place for
collecting the demand of transport required and the transport will be provided by the seller on the date
and time specified.
28. In case Seller/or accredited representative does not report, the demand of transport dispatched
by post/ through dispatch rider / message on the last known address / mobile number of the Seller /
accredited agents of the Seller by the COO will be taken as received by the Seller and normal procedure
for hiring of transport at risk and expense of the Seller will be initiated in case of failure on part of the
Seller.
29. Normally 24 hour notice will be given for provision of a vehicle. In cases of urgent military
necessity, the transport may be demanded over the telephone. In such cases covering indents will be
submitted by the COO / indenting unit.
30. Seller shall have no objection to the increase/decrease of the demand of vehicle placed by the
COO, provided such changes are made within six hours in advance. However, a demand placed earlier
may be cancelled at the last moment even on arrival of the vehicle for duty at reporting point / parking
area.
31. Transport indented for by the COOs will be supplied at the time and place given in the order
issued by COOs / authorized representatives. All vehicles will report to nominated reporting place /
vehicle parking area as specified by the COOs or their authorized representatives. No vehicle driver will
be permitted to leave the vehicle unattended.
32. Seller or accredited agent(s) will initial the Car Diary at the time of commencement of duty and
obtain full signature of officer using the vehicles.
33. Time and Kilometer of duty will commence at the parking area / reporting point as specified by
COO. No extra Km / time will be given for vehicle to report from garage or return.
34. On completion of duty, signature of the COO / his / her representative on the Car Diary and other
relevant documents will be obtained.
35. Seller shall undertake to complete the service within the reasonable specified time as
required by the COO and Seller shall employ such transport as will be necessary to complete the service
within the specified time.
Inspection / Rejection of Vehicles
36. The vehicles provided under this contract shall be according to qualitative standards as the
Buyer shall approve.
37. The COO or his / her authorized representative(s) or any other officer acting on behalf of the
Buyer may, at any time, inspect the CHTs tendered by the Seller under this contract, physically or
mechanically and Seller shall comply, without unnecessary delay, with any reasonable instructions or
suggestions issued by such Officer consequent to such inspection.
38. Seller shall neither claim nor be entitled to payment for any damage that rejected transport may
suffer or any other harm incidental to a full and proper examination and test of such transport.
40
39. Any CHTs rejected by any of the authorities on inspection, before or during use of the vehicle,
will be replaced by Seller at once. Time spent for replacement will not be calculated for payment.
40. The officer to whom CHT services are to be provided may reject the transport, if in his / her
opinion the transport provided does not meet the requisite qualitative standards.
41. Seller shall not charge or be paid for transport rejected as per provisions contained herein, and
such transport shall be removed by Seller at his / her own expense.
42. If not replaced within an hour the contract-operating officer concerned may arrange the vehicle
from any other source(s) at Seller‟s risk and expense. Any transport arranged from any source shall be
charged at local market rate prevailing at the time.
43. Risk & Expense Clause. In the event of:-
(b) Extra expenditure, if any, on account of risk and expense purchase of the service made
by the Government as above, will be deducted out of Seller‟s payment of bills due to the Seller or
from Performance Guarantee.
(c) In the event of vehicle(s) arranged from other sources at risk and expense of the Seller in
accordance with the terms of the contract, the amount of excess incidental expenditure, if any,
involved in having to meet the complete demand out of Civil Hired Transport, will be in addition to
the amount recoverable from Seller, for making such arrangement and be charged from Seller.
(d) Seller agrees to pay hire charges for the Government transport supplied, if any, to Seller
on request in case of failure of transport services due to any cause(s), at the rates fixed by the
Government in accordance with orders which may be current at the time the transport is hired.
Seller clearly understands that the aforesaid clause does not in any way bind or obliges the
Government to provide the Seller with the services. The decision of the COO in this matter will be
final and binding on Seller.
Deliveries
44. Seller will adhere to the time permissible to travel the distance on the specified route as per the
instructions which will include routine halts, halts due to security reasons imposed by the Civil/Army
authorities, convoy timing if any, repairs en-route repair / maintenance timing and so on to ensure the
official(s)/stores reach the destination in time. However, if the vehicle is not able to reach the destination
by the expected time of arrival the driver will get his / her copy of transport indent endorsed from Civil
Police authority and Army TCP stating the reasons for delay.
45. With respect to delivery of vehicle(s) /service(s) from one station to the other, the time taken for
the same shall be in conjunction with the distance travelled on the basis of speed/KM ratio and type of
terrain. In case of any contingencies occurring en-route, like vehicle breaking down, it would be entirely
binding upon the Seller to arrange for a relief vehicle.
46. Any delay beyond stipulated number of days for various routes may be waived off by the Buyer
(if circumstances were beyond the control of the Seller like road closure or adverse law & order
situation) as follows:-
(b) Next Higher Army Authority - 10 days (with penalties as applicable, if there are no
justifiable reasons).
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Note. For various destinations, the yardstick/general guidelines as below will be applied, to arrive at
maximum time permissible.
47. In case the Seller fails to deliver the goods at the specified destination within reasonable time of
travel, the COO, or his representative will be at liberty to withhold payment of present/previous bills
corresponding to the cost of stores including departmental /incidental charge or such charges fixed by
the Buyer from time to time, depending on the merits of the case. The decision of the Buyer will be final
and binding on the parties to this agreement.
48. Penalties given below may be imposed on the Seller for the delay in delivering goods (Load
Carriers) at destinations based on merit of each case :-
(a) Delay up to 4 days - Warning
Note. Time period permitted for loading/ unloading will be exclusive of the journey period while
calculating delivery period of stocks. In case of road closure/ disruption due to landslide/ Natural
Calamities/ Enemy action/ due to strike and civil disturbances, the penalties may be exempted by the
Executive Officer based on recommendation of the COO who shall ensure authentic proof is part
of the documents submitted for exemption of penalties such as reports received from concerned
formation HQ / Officer Commanding nearest Army unit / Traffic Check Post / Regulating Centre/
Police Stn /Media reports (electronic media or newspaper).
49. Seller agrees that rates quoted for nominated station (where applicable, on Km basis contracts,
e.g. Light vehicles, Water Bowser, Buses/Trucks) will also be applicable for allied stations at same terms
and conditions. Allied stations will be nominated by Headquarters Station and specifically mentioned
allied stations may be away from main stations. The allied stations may thus have additional COOs.
Rates of Km basis contracts will only be used for requirements for/from allied station where no contracts
exist.
50. Seller shall agree to carry/transport stores and personnel in load carriers and buses on fixed
station to station contracts at any point/place indicated by the consignee or consignor within 50 km of
starting station and unloading station without any additional charges (in long route contracts) in case
such transport is diverted to another destination due to exigencies of service, provided general road and
load carrying conditions are similar.
51. Seller shall deliver the goods at the destination. In case the Seller is unable to do so due to
accident / breakdown of vehicles or natural calamities, he will lodge a proper report at the nearest Police
Station and also inform the COO.
Emergencies & Restrictions
52. In the event of a state of emergency being declared by the President of India in the area where
this contract is operational, and the control of civil transport is required to be taken over by the Civil or
Military authorities, Seller agree to obtain Buyer‟s requirements for the purpose of this contract through
and under the supervision of the same authorities and without extra cost to the Government, i.e., without
altering the original tendered rate for hiring under the contract.
53. After the state of emergency has been declared by the President of India which covers the area
in which the contract is held, the Buyer will have the sole discretion to decide the date from which the
Military situation warrants the termination of the contract and such date will be communicated to Seller in
writing and Seller agrees to accept this decision as fully binding from that date.
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54. Seller will be liable to perform the duties detailed by the COO/ his / her representatives, as and
when detailed irrespective of the prevailing conditions in the Station or enroute for example natural
calamities like flood, earthquake etc and during strike, civil disturbances / outbreak of hostilities. No
additional compensation will be paid for such duties.
55. In the event of a road block, the Seller will provide vehicles through diversions routes at the
same rates / terms and conditions.
Accident & Insurance
56. All vehicles tendered will have valid comprehensive insurance. The Seller shall certify that the
Seller has valid insurance of the vehicles being supplied under this contract to cover all the benefits
payable to those concerned and the Seller shall undertake to continue the insurance for the period that
the agreement is in force.
57. The Seller shall undertake to produce evidence to the satisfaction of the Buyer that the insurance
company, with which insurance all vehicles being tendered under this contract has been affected, has
received notice(s) that the Government is interested in the policy of insurance.
58. Seller agrees and will be responsible, for any untoward happening like accident / death of drivers
during duties and Seller will not claim any compensation from the Government.
59. The Seller shall indemnify the Government against any claim action or demands relating to any
accident or damage that may occur to any vehicles(s) and driver(s) employed by the Seller under this
contract or to any person involved in such accident.
60. In the case of any accident, the Seller or his / her representative will inform the nearest Police
Station. Court of Inquiry as in case of Army vehicle will be conducted and the decision of the Indian
Army in this regard shall be binding and final.
61. In case of any accident during the performance of the duty, the cost of damage to the vehicle will
be borne by the Seller. No compensation will be given by the Army authorities.
Payments
62. In the event of any damage, loss or depreciation to any articles handed over under this
agreement, owing to neglect or delay on Seller‟s part, the Seller shall be liable to pay compensation to
the Government up to the value of stores so lost, damaged or depreciated and the compensation to be
paid by the Seller shall be that decided by the Indian Army.
63. In case of any doubt on payment clause, the payment will be made by adopting payment rates
which are most economical to the Buyer.
64. No payment shall be admissible for any period of time spent on halts for food, water, rest,
refueling, maintenance, repairs or for any other purposes, not specifically authorized by the
Schedule/COO while employing the transport.
65. No separate charge for loading/unloading period is applicable and 24 hours is allowed for the
same.
66. Seller shall submit to the COO (Consignee) 100% of bills (in English), for all vehicles provided for
each station duly accepted during the preceding month or fortnight, as the case may be, by eighth
and/or twenty third day of each month depending upon payment being monthly or fortnightly.
67. The bills will be presented by Seller on the correct printed forms which shall be obtained by
Seller from the COO/ Consignee and shall be receipted by Seller and be supported by the receipted
vouchers given to the Seller by Receiving Officer and the Car Diary for each vehicle hired given to Seller
by COO.
68. The charge in these bills shall always be entered at the same rates as have been accepted in the
contract and under such clause of the contract as pertains to it and is specified by the COO / Consignee
in the requisition or order.
69. If any retrenchment is made in payment of any bill submitted by Seller other than in respect of an
ordinary audit objection and except in respect of recoveries under various clauses of this contract on
which final decisions have already been given, such retrenchment shall be subject to an appeal, if
preferred by Seller in writing within one month, to the Buyer, whose decision shall be accepted by Seller
as final. If the retrenchment is withdrawn and submission of a fresh bill for the amount retrenched is
sanctioned, Seller shall submit this bill with all necessary supporting vouchers, within fifteen days of
such decision being given.
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70. Army escorts and Dogs may travel in the transport from the starting point to the destination, if
considered necessary, at no extra cost.
71. Vehicles hired from plains/hills / High Altitude Area (HAA) going to HAA / hills/plains will be paid
as per rate for actual run kilometers in these Geographical Areas.
72. It will be ensured before submission of Sellers bill and connected documents to the Paying
authority concerned that all entries overwritten/altered are entered afresh and attested by the officer
concerned as many times as fresh entries are made.
73. Sellers required to acknowledge receipts of all cheques issued in their favour, if sent by post,
within 15 days from the date of their receipts. Failure on their part to acknowledge receipt will render
Seller liable to forfeit the privilege of receiving cheques by post, unless a satisfactory explanation is
furnished for default in this respect.
74. No additional claim will be permissible for duties performed on Sundays/Holidays (Including
National Holidays).
75. In case of any inconvenience/changes in any of the input items for transport like tyre/tubes,
battery spare parts and Fuel, Oil & Lubricants items etc, no additional compensation will be liable to be
paid during the contractual period and Seller will not ask any relaxation/variation of conditions.
76. OC unit / Consignor will issue a certificate for voluminous loads, if any, and payment will be
made as per demanded vehicle capacity, when voluminous loads are loaded in a truck to its full
volumetric capacity, which may weigh less than the carrying capacity of the truck. Also if fewer loads are
loaded in the vehicle and mixing of any other load is not permitted due to operational/ technical reasons,
payment up to the payload capacity of the vehicle as demanded by the Buyer will be allowed on the
basis of a certificate to this effect by the consignor/COO.
77. For payment (Load Carriers only) a weighment slip obtained at the destination/ Correct Receipt
Certificate by consignee will be mandatory.
78. Payment for Local Duties (All Category of Vehicles).The following parameters will be
applicable:-
(a) Local Duty. The limits of Local Duty in any station for vehicles hired under this category
will be decided by Competent Army Authorities.
(b) For application of extra hours / extra kms clauses in Local Duty; thirty minutes and above
will be charged as one hour and time below thirty minutes will be ignored.
(c) The payment for local duties will progress bracket wise. Each lower bracket will be
considered to be crossed if any of the km or time of that bracket is crossed. Beyond the highest
bracket i.e 8hours / 80 Km or 10 hours / 80 Km (or as may be the highest bracket fixed for Local
Duty in this contract) payment will first be made for highest bracket and thereafter for extra hour
or extra Km run whichever is more. Rates for per hour or per km will be applicable only after the
highest bracket of Hours and / or Km is exceeded.
(d) Since hiring for local duties is done on daily basis and the vehicle is de-hired at the end of
the day, no night halt charges will be admissible.
79. Payment for Out Station Duties (Light Vehicles & Buses). The following parameters will be
applicable:-
(a) One Way Outstation Duties Where the Vehicle is De-hired at Destination.
(i) The vehicles hired for such outstation duties will be paid per Km (one way) for
outstation duties. Such vehicles will be de-hired after reaching the destination.
(ii) In case the vehicle is retained at out station for further duty on the next day(s),
then day halt charges per day of out station duty will be applicable if vehicle performs
duties while at out station for less than 80 km. However, if at out station the vehicle runs
more than 80 km on a particular day, then day halt charges for that particular day of out
station duty will not be applicable and the payment for such days will be made only at per
km rate for the km run.
(iii) In exceptional cases, if due to administrative reasons the vehicle remains static
for the night, then the night halt charges will be paid as applicable from 2201 hours to
0559 hours. In case of accident, mechanical failure or due to any fault of the driver or
Seller, night halt charges will not be applicable.
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(iv) In case the vehicle is on duty between 2201 hours to 0559 hours, no night halt
charges will be given. The vehicle will be paid for next day‟s entitlement, if the vehicle
remains hired continuously after 0600 hours. In case vehicle is de-hired before 0600
hours, no extra payment will be admissible.
(v) The entries will be made separately for each day‟s duly indicating the Km covered
per day.
(b) Both Ways Outstation Duties Where the Vehicle is De-hired at the Originating
Station on the Same Day and no Night Halt is Involved. Vehicle once hired for such
outstation duties will be paid at the rate per km (both ways) fixed for outstation duty for the to and
fro distance covered. No day and night halt charges will be admissible.
(c) Both Ways Outstation Duties Where the Vehicle is Hired for Onward & Return
Journey but Vehicle Does Not Return to Hiring Station on Same Day.
(i) The vehicle would be paid as per km rates (both ways journey). As the vehicle
will be retained at out station for further duty on the next day(s), then day halt charges per
day of out station duty will be applicable if vehicle performs duties while at out station for
less than 80 km. But if at out station, the vehicle runs more than 80 km on a particular
day, then day halt charges for that particular day of out station duty will not be applicable
and the payment for such days will be made at the both ways per km rate for the actual
km run.
(ii) The day halt charges will not be normally admissible for buses since they are de-
hired immediately on reaching the destination. The day halt charges for Buses provided
for organized move of units for out station duties will however be admissible at pre-fixed
rates.
(iii) Night halt will be given from 2201 hours to 0559 hours if the vehicle is static. In
case of accident, mechanical failure or due to any fault of the driver or Seller, night halt
will not be applicable. In case the vehicle is on duty between 2201 hours to 0559 hours,
no night halt charges will be given. The vehicle will be paid for next day‟s entitlement, if
the vehicle remains hired continuously after 0600 hours. In case vehicle is de-hired before
0600 hours, no extra payment will be admissible.
(iv) The entries will be made separately for each day‟s duly indicating the Km covered
per day.
80. Payment for Out Station Duties (Trucks, CHTT & Other Specialist Vehicles). The following
parameters will be applicable:-
(a) One Way Out Station Duties Where Vehicle is De-hired at Destination.
(i) Vehicle once hired for out station duties will be paid at the rate per km (one way)
fixed for out station duty. No day halt will be normally admissible if the vehicle is
unloaded immediately on reaching the destination. However, in case the vehicle reaches
the destination on a working day before 1200 hours and is not unloaded and de-hired
due to administrative reasons, then day halt charges for such a working day (including
the following Sunday/holidays to that working day) will be admitted with 60% of the
amount admissible for 80 kms at the approved rate per Km of the contract for out station
duties (one way).
(ii) No day halt charges to vehicles reporting at destination after 1200 hours on
working day will be admitted in case such vehicles are not unloaded due to administrative
reasons. For such vehicles, day halt charges for the following Sunday/holidays to that
working day will also be not admitted.
(iii) In case the vehicle reports at destination on Sunday/Holiday, then also no day halt
charges will be paid for that day.
(b) Both Ways Outstation Duties Where the Vehicle is Hired for Onward & Return
Journey.
(i) Vehicle once hired for out station duties will be paid at the rate per km (one way)
fixed for out station duty. No day halt will be normally admissible if the vehicle is
unloaded immediately on reaching the destination. However, in case the vehicle reaches
the destination on a working day before 1200 hours and is not unloaded and de-hired on
such a day due to administrative reasons, then day halt charges for such a working day
(including the following Sunday/holidays to that working day) will be admitted with 60% of
amount admissible for 80 kms at the approved rate per Km of the contract for out station
duties (one way).
(ii) No day halt charges to vehicles reporting at destination after 1200 hours on a
working day will be admitted in case such vehicles are not unloaded due to administrative
reasons. For such vehicles, day halt charges for the following Sunday/holidays to that
working day will also be not admitted.
(iii) In case the vehicle reports at destination on a Sunday/Holiday, then also no day
halt charges will be paid for that day.
(iv) Night halt will be given from 2201 hours to 0559 hours if the vehicle is static. In
case of accident, mechanical failure or due to any fault of the driver or Seller, night halt
will not be applicable. In case the vehicle is on duty between 2201 hours to 0559 hours,
no night halt charges will be given. The vehicle will be paid for next day‟s entitlement, if
the vehicle remains hired continuously after 0600 hours. In case vehicle is de-hired before
0600 hours no extra payment will be admissible.
81. Payment for Light Vehicles hired on Monthly Basis for Local Duties. The hiring of light
vehicles on monthly basis will be carried out duly mentioning restriction of number of hours / kms
travelled. Any extra hours / kms travelled will be paid at the rate per extra km and rate per extra hours
fixed for such a contract.
Recoveries
82. All monies or compensation payable by Seller to the Government under terms of the contract
may be deducted from or realized by the sale of sufficient part of Performance Guarantee, or from
interest arising there from or from any sums which may be due or may become due by the Government
under this contract or any other account with the Government.
83. In the event of Performance Guarantee being reduced by reason of any such deductions of sale
as aforesaid or should the value of such receipts or securities depreciate in value during the period that
they be held as such Performance Guarantee, Seller shall within twenty days from the date of Seller‟s
being called to do so, make good in case of receipts or securities the amount required to complete the
Security Deposit / Performance Guarantee to the original value.
84. Any sum of money due and payable to the Seller (including Performance Guarantee returnable
to him / her) on account of this contract may be appropriated by the Buyer or the Government or any
other person or persons acting on behalf of the Government of India and set off any claim of the
Government or such other person or persons for the payment of a sum of money arising out of this
contract or under any other contract made by the Seller with Government.
85. Notwithstanding anything herein before contained and without prejudice hereto the COO
(Consignee) or his / her successor in office may recover from Seller as compensation, such sums as he
/ she considers reasonable:-
(a) If any goods entrusted to the seller under the contract are lost, damaged or depreciated
unless such loss, damage or depreciation is due to an act of God or the enemies of the
Government.
(b) If Seller fail to observe or perform any condition of the contract.
86. Any expenditure incurred by the Government through Army authorities in providing medical aid,
repair, recovery and such other facilities which may not be readily available with civil authorities in
remote and difficult areas would be recovered by the COO/ Paying Authority from the bills of Seller or
from the PBG lodged with Army authorities or by any other means the Buyer decides.
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87. Seller shall be liable to pay rent for any military land if and when occupied by Seller in the course
of the contract at a rate to be fixed by the Officer sanctioning the occupation of the land and intimated by
Buyer.
88. Legal heirs and partners of the Seller shall be responsible to make good the
loss/damage/depreciation caused to the Government stores by the Seller‟s employees at the prevailing
local market rates alongwith the incidentals.
89. Decision as to recovery of monies from Seller in respect of hiring or arrangement of vehicles at
Seller‟s expense or of compensation by order of the COO (Consignee) or his / her successor in office
and any order for rescission of the contract by the Buyer shall be subject to an appeal, if preferred in
writing by Seller within thirty days of issue of such decision or order to such Officer‟s immediate superior
commander, whose decision will be accepted as final. If such appeal is not duly notified to the immediate
superior commander within this period, the original decision or order in question shall be accepted as
final.
90. In the event of any damage, loss or depreciation to any articles handed over under this
agreement, owing to neglect or delay on Seller‟s part, the Seller shall be liable to pay compensation to
the Government up to the value of stores so lost, damaged or depreciated and the compensation to be
paid by the Seller shall be that decided by the Indian Army.
Miscellaneous
91. In the event of any dispute of providing civil vehicles between Seller and the COO (Consignee)
regarding quantities/qualities of civil vehicles tendered, decision of the Buyer shall be final and binding
on Seller.
92. Any change in the constitution of the firms shall be notified forthwith by the Seller in writing to the
Buyer and such change shall not relieve any former member, of the firm from any liability under the
contract.
93. No new partner/partners shall be accepted in the Seller‟s firm during the currency of this contract
unless he/they agree to abide by all its terms and conditions and deposit(s) with the Buyer a written
agreement to this effect.
94. In case of any special transport requirements which may have not been included in this contract,
the appropriate authority of Indian Army is at liberty to hire such vehicles from any source / mode.
95. Seller acknowledge that Seller has acquainted themselves with all the conditions, and
circumstances under which the provisioning of vehicles required under the contract will have to be made
or furnished and with all the terms, clauses, conditions, specifications and other provisions of the
contract and Seller(s) shall not plead ignorance of any of these as excuse in case of complaint against
or of rejection of vehicles provided by Seller or with a view either to ask for enhancement of any rates
agreed to in the contract or to evade Seller‟s obligation under the contract.
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Annexure-I
(Refers to Para 5 of Spl/Std Conditions of ATCs)
1. I M/s ___________ hereby declare that I shall not disclose the contract or any provision,
specification, plan, pattern, sample or information thereof to any third party during and after expiry of this
contract.
2. I am / We are fully aware that my / our firm is liable for action as per rules in case the above
declaration is found violated.
1. My/our residual financial capacity based on average turnover of last three years is above Rs.
_______________ (Rupees __________________________________________), duly excluding all
other contracts already having been awarded in favour of me / my firm for the period ____________ to
________.
2. Certified that on securing the contract (s) for which I/we have applied now, my/our residual
Financial Capacity / CCC will not be exceeded.
3. I am/We are fully aware that my/our firm is liable for action as per rules in case the above
declared facts are found to be wrong.
Appx „B‟
(Ref Para 3 of DG OL&SM letter No
76917/GeM/Strat Mov (Tn) dt 05 Jul 2021)
Water Bowser
Ld Carrier/CHTT