LIMITED TENDER FOR HIRING OF CARS ON RENTAL BASIS FOR THE PATENT OFFICE, CHENNAI. (Tender No. PATENT/CHE/Tender/CAR HIRING/2017)

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1 LIMITED TENDER FOR HIRING OF CARS ON RENTAL BASIS FOR THE PATENT OFFICE, CHENNAI (Tender No. PATENT/CHE/Tender/CAR HIRING/2017) Date of Publication of the tender documents Start date for download of tender documents Bid submission start date Bid submission closing date Bid (technical) opening date - 21/12/201, a.m. onwards - 21 /12 / 2017, a.m. - 21/12/2017, a.m. - 01/01/2018 up to pm - 02/01/ a.m. onwards SIGNATUREOF THE TENDERER

2 On behalf of the President of India, limited tenders are invited by the Controller General of Patents, Designs and Trademarks (CGPDTM) for HIRING OF CARS ON RENTAL BASIS FOR THE PATENT OFFICE, CHENNAI 1. Nature and Scope of work: Nature and scope of the work is mentioned in the following pages of this bid document (Enclosed herein). 2. Eligibility: i. Contractors who have sufficient experience of having successfully carried out similar works in Government Offices during the last three years are eligible to participate in the bidding. ii. The CGPDTM reserves the right to verify the proof of having experience and expertise of the bidder in executing similar works and the bidder has to produce the proof thereof. 3. Submission of bid: 3.1 The start date for download of tender document is from am on Contact person: K. Nirmala, Administrative Officer, Patent Office Ph.No / id: Cost of the Tender document NIL The advertisement of the tender/ document is available from the websites - The bidders are requested to submit their competitive offer by duly filling t he price bid along with the CGPDTM s terms and condition duly signed as a part of the technical bid.

3 4. Qualifying Criteria & Pocess: Tenders are invited from reputed car operators/ suppliers/contractors with the eligibility as mentioned below:- a) Bidders should be recognized from the Department of Tourism or State Transport Authority as an Authorized Transporter OR Taxi Operator from any Government Department in CHENNAI. The bidder should be based at Chennai and have office establishment at Chennai. b) Three year s regular services in providing cars to any Government Department /PSU/ State Government. c) The bidder should be registered and should furnish a copy of registration certificate in support thereof. d) The bidders should have sufficient number of recently purchased vehicles (minimum05)tata Indica/ indigo/honda Amaze//MarutiDezire/SX4/ToyotaEtios/ Corolla/Quails/TataSumo/Honda City IN Excellent CONDITION but not older than year 2013, registered as commercial vehicles. e) The list of Cars along with photocopies of registration book should be attached with of the tender. f) The bidder shall have experience of minimum period of last 03 years for similar type of contract of supplying not less than five (05) commercial vehicles to Govt. organization/ any public sector undertaking/private sector. g) Only such Taxi operators may apply whose Cars have been duly authorized by the concerned RTO for use as public transport. h) The bidder should have registered with Income Tax and GST authorities. 5. The Tenders shall be addressed to the ADMINISTRATIVE OFFICER and submitted in the Patent Office, PATENT OFFICE, CHENNAI Building, GST Road, Guindy, Chennai along with the requisite EMD. The EMD shall be submitted in the form of a DD drawn in favour of Controller of Patents from any nationalized banks and shall be payable at Chennai. Tenders received without the requisite EMD as specified shall be summarily rejected. Any tender received after the expiry date and time as specified will not be considered and will be considered deemed rejected. 6. CGPDTM or any person authorized by him reserves the right to accept/reject any or all the tenders in part or full or divided the work among two or more parties without assigning any reason whatsoever and in such case bidders/intending bidders, shall not have any claim on Office of Controller General of Patents, Designs and Trade Marks.

4 7. Procedure for filing Tender 1. The tenders are to be submitted in person or by post in two separately sealed Envelopes/covers marked as under: ENVELOPE-1-Technical Bid The Envelope-1 shall contain the followings: Earnest Money Deposit (EMD) shall be submitted in separate sealed cover on or before the closing date of the tender to this office. Tender document with all the pages signed and stamped by the tenderer. Affidavit on Stamp Paper of Rs. 10/- as per Annexure B Self attested Copies of Credentials/documents in support of meeting the qualifying criteria as given in Page 3. This envelope shall be marked as TECHNICAL BID ENVELOPE-2-FINANCIAL OR PRICE BID Price Bid (Annexure c) duly filled in, signed and stamped on each page by the tenderer/ authorized representative of the tenderer. No cutting or overwriting shall be allowed. In such cases the bid shall be treated as cancelled and tenderer shall be treated as disqualified. All Performa s forming part of tender documents shall be filled in, signed and stamped by the tenderer Any other information as required to be submitted along with the tender. This envelope shall be marked as: PRICE BID Envelope1 and Envelope 2 should be placed in single bigger Envelope and sealed and marked as Tender for Hiring of Cars on top. 8. SCOPE, TERMS AND CONDITIONS OF THE CONTRACT 1. Variations, alternations, modifications etc. shall not be allowed. Cutting overwriting and any other modification in tender document shall leads to disqualification of tender. 2. The tendered shall be responsible to obtain all the necessary approvals including statutory approvals from the respective statutory authorities before and during the contract as and when required.

5 3. The Cars will generally be required by the Patent Office for its daily official work and carrying Officers/Guest or other dignitaries to their official destinations within the territorial limit of Chennai. They may also be required for other types of journey such as carrying officials on outgoing trips etc. 4. Car will be required during the working days in a month, however may be required on holidays and weekends also if need arises. The contractor shall be responsible to provide the same if ordered by the Authority. 5. The Patent Office will generally require the Cars on Monthly basis. However, at times urgent additional requisition for Cars may also be made which shall have to be complied with. 6. The rates for regular vehicle may be quoted on monthly basis for 3000 kms, 10 hours per day. Rates for extra Kms and extra hours of duty need to be quoted separately. The quoted rates shall remain valid for 90 days from the date of tender opening. 7. The services will be counted from duty point to duty point and no zero mileage will be allowed. 8. The drivers should possess valid driving license issued by appropriate authority and should be well mannered/disciplined and adequately educated so as to maintain logbook. 9. Contractor shall maintain a logbook of duty performed in scheduled format given by the office. 10. Duty Slip for each duty performed as prescribed in Annexure D. Meter reading for the purpose of payment will start/terminate from the point of Office/Residence of the Officer to the point of Office/Residence of the Officer or reporting place or releasing place whichever is applicable. 11. Cars to be provided by the Contractor should be of recent purchase preferably within one year and well maintained in perfectly sound working condition and suitable for use by senior officers. Driver should be in proper uniform, well versed with knowledge of Chennai routes and places and should be courteous, well and soberly behaved to the officials/guests. He should have a mandatory mobile connection with him with good working conditions. PATENT OFFICE, CHENNAI shall not bear any expense on their mobile facility 12. No mileage will be allowed for car to be taken outside of the office premises by the driver for his lunch/tea. Driver should carry his own lunch etc. and will not leave the office premises without permission of the competent authority.

6 13. No advance payment is permissible under the provisions of GFR of Government of India. Payment will be made after the bills are duly verified and cleared by the Patent Office, which is expected to take two to three weeks time on an average. If the payment is delayed due to any reason whatsoever, the contractor shall not charge any interest on the amount due for payment and shall not stop the car for hiring under the contract and therefore this will not become the ground for refusal to provide the car as well as the services. 14. Rates once finalized will be fixed at least for a period of two years. Upward Any reason, the cost of litigation and all the liability and damages, if any, Change in rates will not be considered due to any hike in petrol/diesel/cng prices or taxes by the Government during the contract period. 15. The period of contract may be extended on the same finalized terms and conditions for a further period of One more year at the discretion of the Patent Office. 16. All the Cars should be covered under Comprehensive insurance. In any circumstances, if the hired Car is involved in an accident resulting in loss or damage to property or life with respect to vehicle, driver, passenger or any third party as per the liability under relevant sections of Motor Vehicle Act1968 and IPC, the hiring authority shall have no responsibility of whatsoever and will not entertain any claim in this regard under the said provision of the Law. The contractor shall be solely responsible for any such or other legal or financial implications. However in case the hiring authority is made a party to any litigation due to any reason, the cost of litigation and all the liability and damages, if any, granted by the courts against the hiring authority shall be borne by the contractor. 17. The employment of drivers and payment of wages thereof as per existing statutory provisions of various laws and regulations is the sole responsibility of the contractor and any breach of such laws or regulations shall be deemed to be breach of this contract. PATENT OFFICE, CHENNAI may ask the contractor to produce documents to verify that the contractor complies with these provisions/laws. However in case the hiring authority is made a party to any litigation due to any reason, the cost of litigation and all the liability and damages, if any, granted by the courts against the hiring authority shall be borne by the contractor. As and when desired by the hirer, the contractor shall submit the proof of payment of Service Tax/ESI/EPF deposit and any other document showing the concerned Govt. Authority, to PATENT OFFICE, CHENNAI.

7 18. The Contractor shall assign the job of driving of hired vehicle only to the duly trained and qualified experienced licensed drivers and also assume full responsibility for the safety and security of the officers/officials as well as essential store items while running the vehicle by ensuring safe driving. PATENT OFFICE, CHENNAI shall have no direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under relevant section under IPC or other laws and any loss caused to PATENT OFFICE, CHENNAI have to be compensated by Contractor. 19. Payment of wages to the drivers should be timely made. Non-payment of pending bills shall not be cited as a ground for Non-payment of wages to Drivers by the vendor. 20. The change of driver and cars will not be allowed except in emergent or extra ordinary circumstances beyond the control of the Contractor. However, in case of any change of driver is required, a prior approval has to be obtained from the office. 21. Non-payment of the pending bills by the office due to any reason will not be a ground for not supplying the car to the office timely. Failure to supply the car will entail the penalty as mentioned in the document. In case of failure to supply the car by the contractor due to any reason the Hiring authority shall hire the car from any other person but expenditure incurred on such hiring will be borne by the contractor which shall be deducted from the bills of the contractor. 20. The Controller General of Patents, Designs and Trademarks and its officials shall not be responsible for any loss and damage. 21. Penalty: In case of breach of any conditions of the contract and for all type of losses caused including excess cost due to hiring of Car from the market in the event of Contractor failing to provide requisitioned Cars or not providing Cars, the Patent Office shall make deductions at double the rate of Hiring rate on pro rate basis from the bills preferred by the Contractor or that may be demanded from him to be paid within seven days to the credit of the Patent Office. The powers the patent office under these conditions shall in no way affect or prejudice the powers in certain events to terminate the contract or forfeiture of deposit as mentioned above. 22. Breach of Terms & Conditions: In case of breach of any of terms and conditions mentioned above, the Competent Authority will have the right to cancel the work order or contract as a whole without assigning any reason thereof, and nothing will be payable by the Patent Office in that event and the security deposit will be forfeited.

8 23. Subletting of Work: The contract will be non transferable and hence the firm shall not be entitled to Assign or sublet the work or any part of it to any other person or party failing which the contract will be cancelled immediately. 24. No payment shall be made in advance nor shall any loan from any bank or financial institution be recommended on the basis of the order of award of contract 25. Performance Security Bank Guarantee: The applicant who has been awarded the contract (successful bidder) shall furnish a performance bank guarantee to the tune of 10% of the value of the contract in the form of bank guarantee which should be valid for a period of not less than one hundred and eighty days beyond the completion of all contractual obligations of the applicant including warranty. Performance security shall be forfeited and credited to the Government account in the event of breach of contractual obligation by the applicant. 26. Jurisdiction The disputes, if any, arising between the successful applicant and CGPDTM shall be resolved amicably, failing which shall be referred to an Arbitrator, mutually acceptable to both parties, appointed by the CGPDTM as per the Arbitration and Conciliation Act, Alternatively, this shall be subject to the exclusive jurisdiction of courts at Chennai. 27. Disclaimer: Indian Patent office or any person authorized by the competent authority shall not be responsible for any omission or errors on the part of Tendered.

9 Annexure- A Sl. Description Values/Description to be No. applicable for relevant clause(s) i) Name of work Hiring of cars on rental basis at the Patent t Office, Intellectual Property Office Building, GST Road, Guindy, Chennai ii) Client/Owner Controller of Patents iii) Type of Tender Kms. Per month Rate v) Earnest Money Deposit Rs /- (Rupees Twenty Thousand only) vii) Mobilization Advance Not applicable viii) Interest Rate on mobilization advance Not applicable ix) Validity of Tender 90 (Ninety) days x) Performance Guarantee Not applicable xi) Security Deposit/Retention money Successful bidder have to deposit performance 10% of the total contract value based on annual rate for 3000kms/month on 10 hrs/day basis in the form of Bank Guarantee within 10 days from the date of acceptance of the tender that shall be released after the completion/termination of the contract Should this tender be accepted, the following undertaking shall be signed by the renderer without which the tender shall be considered incomplete and rejected out rightly

10 Annexure- B Undertaking by the Tenderer (a) (b) (c) I/We agree to abide by and fulfill all terms and conditions referred to above and as contained in tender documents elsewhere and in default thereof, to forfeit and pay to CGPDTM, or its successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender documents. I/We hereby agree to pay the earnest money of amount as mentioned in the Memorandum to this Form of Tender in favour of Controller of patents, payable at place as mentioned in the tender. If I/We fail to commence the work within 10 days of the date of issue of Letter of Intent and/or I/we fail to sign the agreement as per contract and/or I/we fail to submit performance guarantee as pr contract, I/we agree that CGPDTM, PATENT OFFICE, CHENNAI shall, without prejudice to any other right or remedy, be at liberty to cancel the Letter of Intent and to forfeit the said earnest money as specified above. (d) I/we are also enclosing herewith the tender document with all the pages duly signed and stamped as referred to in condition of tender. Dated the day of SIGNATURE OF TENDERER NAME (CAPITAL LETTERS) : ADDRESS : SEAL OF TENDERER SIGNATURE OF WITNESS NAME (CAPITAL LETTERS) : OCCUPATION

11 ANNEXURE- C PRICE BID HIRING OF CARS ON RENTAL BASIS AT PATENT OFFICE, CHENNAI (a) For Non Air Conditioned Cars* Type/Model of car Rates (in Rupees) Swift Desire/SX4 /Toyota Etios/ Corolla/ Quails /Tata Indigo/HondaAmaze/City/Hyundai xcent (Separate rates for each car need to be submitted) (a) 3000 Kms. Per month(10 hrs a day) Note: The rates should be quoted separately for each category of vehicle. b. Rates (per day) for minimum 100 Km and 10 hours(occasionally hiring as and when required ) and rates (per Km) beyond 100 km and10 hours c. Rates (per Km) for Extra Kms beyond 3000 Kms. d. Rate (per Hour) for Extra hours beyond 10 Hrs. e. Night charges on particular day after pm to 5.00 am (%) as prescribed by Government of Tamilnadu. In Words In Figures Rate of GST: Note: The quoted rates shall be inclusive of GST. The GST percentage shall be mentioned separately (Dated Signature of tendered with stamps of the firm) Dated:.. At:...

12 (b) For Air Conditioned Cars* Type/Model of car Rates (in Rupees) Tata Indica/Tata indigo/honda Amaze / Swift Desire/SX4 / Toyota Etios/ Corolla/ Quails/ Honda Amaze/City/Hyundai xcent (Separate rates for each car need to be submitted) a. Rates for 3000 Kms. Per month(10 hrs a day) Note: The rates should be quoted separately for each category of vehicle. b. Rates (per day) for minimum 100 Km and 10 hours(occasionally hiring as and when required ) and rates (per Km) beyond 100 km and10 hours c. Rates (per Km) for Extra Kms beyond 3000 Kms. d. Rate (per Hour) for Extra hours beyond 10 Hrs. e. Night charges on particular day after pm to 5.00 am (%)as prescribed by Government of Tamilnadu. In Words In Figures Rate of GST: Note: The quoted rates shall be inclusive of GST. The GST percentage shall be mentioned separately Any other information: *Pl submit separate rate list as prescribed above for each type of car (Dated Signature of tendered with stamps of the firm) Dated:.. At:

13 ANNEXURE-D Format of Duty Slip DAILY DUTY SLIP Date: Portion to be filled by Transporter Name of the Driver: 1. Vehicle No 2. (a) A/C Non-A/C 2 (b) Model No.. 3. Name and address of the user 4. Nature of Duty Local/Outstation 5. Starting Meter at reporting point 6. Closing Meter at relieving Point Portion to be filled by Officer Name, Designation of the Officer: a) Starting Meter at reporting point b) Reporting Time c) Closing Meter at relieving Point d) Closing Time e) Total Kms (c a) f ) Total duration (in Hrs) g) Parking Slips if any h) Night halt if any Driver s Signature Signature of officer with date.

14 ANNEXURE E CONTRACT AGREEMENT (Agreement to be executed on Rs.100/- Non-judicial Court Stamp) An agreement made this... day of. BETWEEN.. (hereinafter called the contractor or contracting agency which expression shall include his legal representatives) of the one part and The Controller General of Patents, Designs and Trademark (herein after referred as the Government or Department or Indian Patent Office Chennai which shall also include any person authorized by CGPDTM ) of the other part and WHEREBY the contractor agrees to supply car(s) on daily basis and as when required basis as specified to them from time to time successfully on contract basis to the Indian Patent Office Chennai as per the rates mentioned in the tender document under Office of the Controller General of Patents, Designs and Trademarks, Boudhik Sampada Bhawan, S.M.Road, Antop Hill, Mumbai and on the terms and conditions hereinafter mentioned viz. : - (a) That it is expressly understood and agreed between the parties to this Agreement that the derivers deployed by the contractor for the services mentioned above shall be the employees of the contractor for all intents and purposes and that the derivers so deployed shall remain under the control and supervision of the contractor and in no case, shall a relationship of employer and employee between the said derivers and the CGPDTM or PATENT OFFICE, CHENNAI or any person authorized shall accrue/arise implicitly or explicitly. Nonpayment of pending bills shall not be cited ground for payment of wages to Drivers. (b) That the number of cars will be purely need based. Therefore, the number of cars may be increased or decreased as per requirement. The Head, Patent office Chennai will be under no obligation to engage any specific number of cars during the period of contract. (c) That this Contract shall remain valid for a period of ONE/TWO yearw.e.f. initially and if the services are found satisfactory the same may be extended for further period.however the Controller General of Patents, Designs and Trademarks or a person authorized by him shall have full power to terminate the contract any time without notice.

15 (d) That the Contractor shall assign the job of driving of hired vehicle only to qualified Experienced licensed drivers and also assume full responsibility for the safety and security of the officers/officials as well as essential store items while running the vehicle by ensuring safe driving. PATENT OFFICE, CHENNAI shall have no direct or indirect liability arising out of such negligent, rash and impetuous driving which is an offence under relevant section under IPC and any loss caused to PATENT OFFICE, CHENNAI have to be compensated by Contractor. (e) That in case of breach of any conditions of the contract and for all type of losses caused including excess cost due to hiring of Car from the market in the event of Contractor failing to provide requisitioned Cars or not providing Cars, the Patent Office shall make deductions at double the rate of Hiring rate on pro rate basis form the bills preferred by the Contractor or that may be demanded from him to be paid within seven days to the credit of the Patent Office (f) That the contractor shall keep the CGPDTM or any person authorized by him or Patent Office Chennai indemnified against all claims whoever in respect of the derivers deployed by the contractor. In case any deriver of the contractor so deployed enters in dispute of any nature whatsoever, it will be the primary responsibility of the contractor to contest the same. In case CGPDTM or any person authorized by him or Patent Office Chennai is made party and is supposed to contest the case, the CGPDTM or any person authorized by him or Patent Office Chennai will be reimbursed for the actual expenses incurred towards Counsel Fee and other expenses which shall be paid in advance by the contractor to CGPDTM or any person authorized by him or Patent Office Chennai on demand. Further, the contractor will ensure that no financial or any other liability comes on CGPDTM or any person authorized by him or Patent Office Chennai in this respect of any nature whatsoever and shall keep CGPDTM or any person authorized by him or Patent Office Chennai indemnified in this resp (g) That the contractor shall further keep the CGPDTM or any person authorized by him or Patent Office Chennai indemnified against any loss to the CGPDTM or any person authorized by him or Patent Office Chennai property and assets. The CGPDTM or any person authorized by him or Patent Office Chennai

16 shall have further right to adjust and/or deduct any of the amounts as aforesaid from the payments due to the contractor under this contract (h) That the contracting agency shall be responsible for faithful compliance of the terms and conditions of this agreement, and shall also abide by all the terms and conditions as mentioned in the tender document. The same may be terminated and the security deposit will be forfeited. The powers the patent office under these conditions shall in no way affect or prejudice the powers in certain events to terminate the contract vested in him as herein provided or forfeiture of deposit as mentioned above (i) That if the contractor violates any of the terms and conditions of this agreement or commits any fault or their services are not to the entire satisfaction of the officer authorized by the CGPDTM or Patent Office Chennai, a penalty leading to a deduction up to a maximum of 10% of the total amount of bill for particular month will be imposed. (j) That the security money shall be liable to be forfeited or appropriated in the event of unsatisfactory performance of the contractor and/or loss/damage, if any, sustained by the Office of CGPDTM or Patent Office Chennai on account of failure or negligence of the derivers deployed by him or in the event of breach of the agreement by the Contractor. (k) That the contracting agency shall not change the car/driver except in emergent or extra ordinary circumstances beyond the control of the Contracting. In case of any change is required, a prior approval shall be obtained from the office. IN WITNESS WHEREOF the parties hereto have signed these presents on the date, month and year first above written. Signed by the said contracting agency. In the presence of: - 1st Witness Address: 2nd Witness Address: Signed for and on behalf of the Controller General of Patents, Designs and Trademarks In the presence of: - 1st Witness Address: 2nd Witness Address:

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