BHARAT BROADBAND NETWORK LIMITED. Tender. For

Transcription

1 BHARAT BROADBAND NETWORK LIMITED (A Government of India Undertaking) Tender For Rate Contract for Supply of Commercial Vehicles registered in Delhi/NCR on Hire Basis to Ply within NCT of Delhi and Satellite towns Such as Ghaziabad, Noida, Faridabad, Gurgaon Etc. Tender No: BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Dated 08/12/2017 Cost of Tender Document: Rs. 590/- each set. Office of Chief General Manager (HR&A) Ground Floor, DMRC Building, Shastri Park Delhi Visit us at : BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 1 of 52

2 BHARAT BROADBAND NETWORK LIMITED (A Govt. of India Undertaking) Corporate Identification No..:- U64100DL2012GOI R.O.:- Room No. 306, 3rd Floor, C-Dot Campus, MandiGaon Road, Mehrauli, New Delhi Off: ; Fax No Website: SECTION I NOTICE INVITING TENDER Tender No. : BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Dated: 08/12/2017. On behalf of the Chairman and Managing Director, BBNL, New Delhi, sealed e- tenders, on rupee payment basis, are invited in two parts (Part A -Techno-Commercial Bid; Part B -Financial Bid) from indigenous sources for supply of DLY registered commercial vehicles on monthly hire basis for the corporate office, BBNL, New Delhi, to ply within NCT of Delhi and its satellite Towns such as Ghaziabad, Noida, Faridabad, Gurgaon etc. 1. Schedule of Requirement of Vehicles: Category Type of vehicle Area to ply Number of vehicles CAT-A CAT-B Maruti Swift DZire AC, Diesel/Petrol (2016 or Higher Model) Maruti Eeco 7-seater AC Petrol/CNG (2016 or Higher Model) NCT of Delhi & Satellite Towns. NCT of Delhi & Satellite Towns Actual requirement of vehicles may vary from time to time as per requirement of BBNL. All the Vehicles to be hired for 2500 Kms. / 260 Hrs. per month with rate of extra Km/ Extra Hour Duty /Night charge 2. Accessibility of Tender Document: The Tender document for participating in e-tender shall be available for downloading from 08/12/2017 at 17:00 Hrs onwards till 05/01/2018 at 13:00 hrs from This link can also be visited from the website of BBNL ( by clicking Link tenders on home page. The Tender document may also be downloaded for viewing from link by selecting Bharat Broadband Network Limited under Public Sector Units. The tender document shall not be available for downloading after its closing date and time. 3. The cost of document is Rs. 590/- (inclusive of 18%). DD/Bankers Cheque of an amount of Rs.590/- (Rupees Five Hundred and Ninety only), (non - refundable), in favour of Bharat Broadband Network Limited, drawn on any scheduled bank and payable at New Delhi, shall be submitted towards cost of the tender document before the schedule date and time of submission of bids, to Chief General Manager (HR &A), BBNL, Ground Floor,Shastri Park Delhi in the separate envelop, failing which the tender bid will be straight away rejected. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 2 of 52

3 3.1 Tender documents shall be issued to MSE bidders free of cost. Before issue of such documents free, the bidders have to submit details of their registration with the appropriate authority for the tendered item. Their eligibility as per the terms and conditions of the tender in question would also be examined, and if they meet the conditions stipulated, they may be issued the documents free. 4. Sale of hard copy of Tender document: a. BBNL has decided to use process of e-tendering for inviting this T e n d e r and so the hard copy of the Tender document will not be available for sale and only online submission of bids will be acceptable. b. The tender should be submitted online under Two Bid System i.e. Technical Bid and Financial Bid. 5. The bidders are requested to submit off-line document in sealed envelope super-scribed Tender for Supply of Commercial Vehicles on Hire basis and addressed to Chief General Manager (HR &A), Bharat Broadband Network Ltd., GF, DMRC building Shastri Park Delhi on or before 05/01/2018 by hrs. 6. The on line Technical bids will be opened on line on the same day at 15:00 hrs on 05/01/2018 in the Conference Room of BBNL at Shastri Park in the presence of the prospective bidders, if they wish to be present. Representative of bidders will have to produce authorization letter from their firm before the committee to attend online Technical bid opening process. 7. The Technical bids shall be opened on the stipulated date & time and in case the date falling on any holiday or in case of unforeseen contingencies, the bids shall be opened on the next working day at the same time without any further notice. 8. The financial bids of the successful bidders who have been found technically qualified, will be opened at a later date and all successful bidders shall be intimated separately before opening. 9. BBNL reserves the rights to cancel the tender without assigning any reason. 10. The bidder has to bid for 100 % quantity of the service tendered. 11. EMD/ Bid Security: The Bidders shall furnish the EMD /Bid Security for Rs. 38,400/-only The EMD/ Bid Security shall be furnished in one of the following waysa) The bidder shall furnish the EMD/Bid Security in the form of Demand Draft/Banker s cheque in favour of Bharat Broadband Network Limited, New Delhi payable at New Delhi and drawn on any scheduled bank. Or b) Bank Guarantee in the format given in Section VIII of the tender document in favour of CMD BBNL, New Delhi from any scheduled bank, and valid for 180 days from the date of opening of the tender. c) The EMD/ Bid security shall be submitted before the schedule date and time of submission of bids to the Chief General Manager (HR &A), BBNL, DMRC Building Shastri Park Delhi in the separate envelop, failing which the tender bid will be rejected. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 3 of 52

4 12. Last Date & Time of on line Submission of Tender Bid: Up-to 05/01/2018 by 13:30 Hrs. In case date of submission (and opening) is declared a holiday, the date of submission and opening of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately. 13. Online Opening of Tender Bids: At 15:00 Hrs. on 05/01/ Place of Opening of Tender Bids: BBNL has adopted e-tendering process which offers a unique facility for Public Online Tender Opening Event (TOE). BBNL`s Tender Opening officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from comfort of their offices. However, authorized representatives of the bidder, if desires so, can attend the TOE at BBNL DMRC Building Shastri Park Delhi , where BBNL s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE). 15. The bidder is required to submit the tender document online at the e-tender portal. Tender bids received after due time and date will not be accepted. 16. Incomplete, ambiguous, conditional, digitally unsealed tender bids are liable to be rejected. 17. CMD, BBNL reserves the right to accept or reject any or all tender bids without assigning any reason. BBNL is not bound to accept the lowest bid offer. 18. The bidder shall furnish a declaration under his digital signature that no addition/deletion corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on e- tender Portal. 19. In case any correction/addition/alteration/omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily. All documents submitted in the Bid should be preferably in English. In case the documents are in other than Hindi & English language, translated copies in English as true copy of such documents duly attested by authorized translator and signed by the bidder be submitted in addition to the relevant certificates. 20. All computer generated documents should be duly attested/signed by the issuing organization. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 4 of 52

5 21. T ime schedule for various activities is as mentioned below: Activity Date Time Issue of NIT 08/12/2017 Starting of Downloading Tender 08/12/ hrs. document Closure of Downloading of Tender 05/01/ hrs. document Vendor Training (optional) 15/12/ hrs. Last Date & Time of seeking 22/12/ hrs. clarifications Last Date & Time of Submission of 05/01/ hrs. bids on Line and offline documents Opening of Technical Bids 05/01/ hrs. Chief General Manager (HR &A) BBNL Corporate Office, New Delhi Phone No id- cgmhr.bbnl@nic.in. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 5 of 52

6 A) INTRODUCTION 1. DEFINITIONS: Section II General Instructions to Bidders a) The BBNL - means the Bharat Broadband Network Limited. b) The Bidder -means the individual or firm who participates in this tender and submit its bid. c) The Supplier" means the individual or firm supplying the goods/providing services under the contract. d) The Goods" means all the equipment, machinery, and/or other materials or services which the supplier is required to supply/provide to the BBNL under the contract. e) The BBNL Order" means the order placed by the BBNL, after the acceptance of Advance Purchase Order (APO) by the supplier, duly signed by the BBNL including all attachments and appendices thereto and all documents incorporated by reference therein. It along with the letter of intent and bid documents constitutes the contract. f) The Contract rate" means the rate payable to the contractor under the work order for the full and proper performance of its contractual obligations. g) Duly attested Wherever it is not defined the documents are to be selfattested by the person signing the bid. 2. ELIGIBILITY OF BIDDERS: The bidder should meet all the following eligibility conditions:- (i) This invitation for bidders is open to all Indian firms engaged in providing commercial vehicles on hire and has experience except to those, which are blacklisted, banned or debarred from participations during the currency of such punitive measures. (ii) The bidder should have minimum 02 nos. of AC commercial vehicles like Maruti Swift DZire, Tata Indigo etc. of Euro-4 standard (Bharat Stage-IV) registered in the name of bidder/ firm. The bidder will have to furnish attested or notarized legible copies of Registration Certificates with the bid for 02 nos. aforesaid vehicles. (iii) The firm should have minimum average annual turnover of Rs.6 lakh during last three financial year i.e , and To authenticate the same, Balance sheet/annual Report/CA Certificate, should be attached with the bid. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 6 of 52

7 (iv) The bidder shall quote for 100% quantity of Schedule of Requirement (SOR) in quoted category in the bid and if quote is for less than 100% of tendered quantity, the bid shall be considered rejected. (v) The bidder should have minimum one year of satisfactory work experience during last three years for supply of at least 02 Nos. of commercial vehicles to any Govt. Department or PSU. In case of Government, the satisfactory work done certificate should be signed by the authorized officer. In case of BBNL/MTNL/BSNL/TCIL/C-DOT, it should be signed by Divisional Engineer/Sr. Manager/Manager or higher level officer. In case of other PSU, it should be signed by authorized representative. 3. Cost of Bidding:- The bidder shall bear all costs associated with the preparation and submission of the bid. The BBNL will in no case, be responsible or liable for these costs, regardless of the conduct of the bidding process. A. Tender Document : 4. BID DOCUMENT:- 4.1 The Job required, bidding procedures and contract terms are prescribed in the bid document which include :- Sl. No. Title. Section. 1. Notice Inviting Tender (NIT) I 2. General Instructions to Bidders II 3. General(Commercial) conditions of contract III 4. Special Instructions to Bidder IV 5. Bid Form V 6. Details of Services to be provided VI 7.. Price quotations & other details VII 8. Performa for Bank Guarantee for Bid Security. VIII 9. Declaration of Clause by Clause compliance IX 10. Letter of Authorization for Attending Bid X opening 11. Performa for Performance Guarantee Bond XI 12 Declaration regarding Blacklisted, banned Annexure-I or debarred 13 Format for Non-relation certificate Annexure-II 14 Special Instructions to Bidders for e-tendering XII 4.2 The Bidder is expected to examine all instructions, forms, terms and conditions in the Bid Document. Failure to furnish, complete information required as per the bid document or submission of bids not substantially responsive to the bid document in every respect will be at the bidder s risk and may result in rejection of the bid. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 7 of 52

8 5. CLARIFICATION OF BID DOCUMENTS: 5.1 Prospective bidders requiring any clarification on the Bid Documents shall notify the purchaser on line by using the ETS Portal. The purchaser shall response in writing to any request for the clarification of the bid documents, which it receives latest by but not later than 14 days prior to the date of opening of the tender. The query (without identifying the source) and clarifications by the purchaser shall be posted on ETS Portal, BBNL website for information of all the prospective bidders. 5.2 Any clarification issued by BBNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of the relevant clauses of the bid documents. 5.3 The clarification, if any, can also be downloaded from the BBNL website & bidder is expected to see the BBNL website for clarification before submitting the bid. 6. AMENDMENT TO BID DOCUMENTS:- 6.1 At any time, prior to the date of submission of bids, the purchaser may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective bidder, modify the bid document by amendments. 6.2 The amendments will be notified in writing on e-tendering portal and sent to all prospective bidders who have purchased the bid documents and these amendments will be binding on them. Amendment if any, shall be available on BBNL website and bidder is expected to see these before submitting his bid. 6.3 In order to give prospective bidders reasonable time in which to take the amendments into account in preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of bids suitably. B. PREPARATION OF BIDS 7. DOCUMENTS COMPRISING THE BID: The bid prepared by the bidder shall comprise the following components: a) Documentary evidence establishing in accordance with Clause 2 & 10 indicating that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted. b) Bid Security furnished in accordance with Clause 12 c) A Clause by Clause compliance of the goods/services offered and deviation statement (if any) in case of deviations in prescribed format at Section- IX d) A bid form and price schedule completed in accordance with Clauses 8, 9 of Section-II. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 8 of 52

9 e) Relationship Certificate as per format given in Section-II, Clause No. 37 & Annexure-II f) Declaration regarding black listed, banned or debarred in the format given as per Annexure-I of tender document. 8. BID FORM: 8.1 The bidder shall complete the Bid form and the appropriate price Schedule in the formats furnished in the tender documents, indicating the goods to be supplied a brief description of the goods, quantity and prices. 8.2 Printed terms and conditions enclosed with the Tender Document will be considered as forming part of the bid. In case any terms and conditions of the contract applicable to this bid, as specified in the bid documents are not acceptable to bidders, they should clearly specify the deviations in the format as per Section IX 8.3 BBNL shall not accept any deviations in respect of any commercial conditions as laid down in the bid documents normally. However, a statement of deviations to the provisions of the technical requirements and commercial conditions shall be given by the bidder, if there are any deviations in the format as per Section IX. 9. BID PRICES: 9.1 Bids with firm price only are accepted. 9.2 Rates must be specified in the format as per Section VII enclosed. 9.3 The offer shall be firm in Indian Rupees. 9.4 Rate should be quoted in figures as well as in words in English. 9.5 No change in the price shall be allowed during the validity period of contract for any reason whatsoever. 9.6 The rate payable by BBNL will not be more than the rate quoted by the bidder in his bid 10. DOCUMENTS ESTABLISHING BIDDER S ELIGIBILITY AND QUALIFICATIONS: 10.1 The bidder shall furnish the following documents as part of his bid documents establishing the bidder s qualifications: i) Certificate of incorporation, if the bidder is a company. ii) Articles of Memorandum and association in respect of company / partnership deed in respect of partnership firms along with all relevant papers. iii) General Power of Attorney given by all partners in favour of the signatory in case of Partnership firm/registered Company, by the Resolution of the Board given by authorized director(s) in case of company BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 9 of 52

10 iv) Details of VAT/Commercial Tax /GST Registration no. to be submitted by bidder. v) Declaration regarding blacklisted, banned or debarred as per Annexure- I is to be submitted by the bidder. vi) Declaration regarding close relation in the format given in Annexure-II The bidder shall furnish the following documents as part of his bid documents establishing the bidder s eligibility:- i) Documentary proof in support of his minimum average Annual Turnover Rs. 6 Lakh in the last three financial year , and through audited balance sheet/annual report/ca Certificate. ii) iii) iv) The bidder will have to furnish attested or notarized legible copies of Registration Certificates with the bid for 02 nos. of AC commercial vehicles like Maruti Swift DZire,, Tata Indigo etc. of Euro-4 standard (Bharat Stage-IV) registered in the name of Bidder/ Firm The bidder shall furnish a declaration that he will supply commercial vehicles for 100% of the tendered quantity for quoted category of vehicle. Documentary proof of satisfactory past performance/ experience duly attested for supply of at least 02 No of commercial vehicles for one year during the last three years to Govt. Department or PSU. In case of Government, the satisfactory work done certificate should be signed by the authorized officer. In case of BBNL/MTNL/BSNL/TCIL/C-DOT, it should be signed by Divisional Engineer/Sr. Manager/Manager or higher level officer. In case other PSU, it should be signed authorized representative. 11. DOCUMENTS ESTABLISHING CONFORMITY TO BID DOCUMENTS: 11.1 Pursuant to Clause, 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the bid document of all goods and services which he proposes to supply under the contract A Clause by Clause compliance on the BBNL s requirement demonstrating substantial responsiveness shall be given. In case of deviations, and exceptions to the provisions of the requirement and commercial conditions, a statement of deviations shall be furnished by the bidder(s) in the specimen given in Section IX 11.3 For purposes of compliance to be furnished, pursuant to Clause 11.2 above, the bidder shall note that the standards for service to be provided designated by the BBNL in its Requirements given in Section VI are to be complied implicitly. 12. BID SECURITY: 12.1 (a) Pursuant to clause 7, the bidder shall furnish, as part of its bid, EMD/ bid security for an amount of Rs. 38,400/- only. The bidders (MSME) who are BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 10 of 52

11 registered with National Small Scale Industries Corporation/Appropriate Authority are exempted from payment of bid security. (b) A proof regarding registration of MSE with Appropriate Authority for the tendered items will have to be attached along with the bid The bid security is required to protect the purchaser against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to para The EMD/ bid security shall be in the form of (i) Bank Guarantee issued by a scheduled bank in favor of the purchaser, valid for a period of 180 days from the date of tender opening OR (ii) Account Payee Demand Draft or Banker s Cheque. However, no interest shall be payable on this account EMD/ bid security is for safeguarding the purchaser s interest in all respects A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the Purchaser being non-responsive at the bid opening stage The bid security of the unsuccessful bidder will be discharged/ returned as promptly as possible as but not later than 30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to clause The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily in accordance with clause 27 and furnishing the performance security The bid security may be forfeited: (a) (b) (i) (ii) (c) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder in the Bid form or extended subsequently, or In the case of successful bidder, if the bidder fails: to sign the contract in accordance with clause 28 or to furnish performance security within the specified time in accordance with clause 27. In both the above cases, i.e 12.7 (a) & (b), the bidder will not be eligible to participate in the tender for same item for one year from the date of issue of Advanced Purchase Order (APO). The bidder will not approach the court against the decision of BBNL in this regard. 13. PERIOD OF VALIDITY OF BIDS 13.1 Bids shall remain valid for 150 days from the date of bid opening prescribed by the BBNL. A bid valid for a shorter period shall be rejected by the BBNL as non-responsive In exceptional circumstances, the BBNL may request the bidder s consent for an extension to the period of bid validity. The request and the responses thereto shall be made in writing. The bid security provided under Clause 12 shall also be suitably extended. A bidder may refuse the request without BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 11 of 52

12 forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid. 14. FORMATS AND SIGNING OF BID The bid shall be typed or printed, numbered sequentially and digitally signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. An index of various documents and page nowhere it is available, shall be given. The letter of authorization shall be indicated by written powerof-attorney. D. SUBMISSION OF BIDS: 15. SEALING AND MARKING OF BIDS: 15.1 The bids should be sealed and marked in accordance with the instructions mentioned in Section-XII of this document. Bids have to be submitted online only. In addition, some documents have to be submitted off-line in accordance with Section-XII. a) The envelope for offline submission shall be addressed to the purchaser at the address mentioned in the Section-XII of this document. b) The envelope shall bear (the project name), the tender number and the words 'DO NOT OPEN BEFORE' (due date & time). c) The envelope shall indicate the name and address of the bidders to enable the documents to be returned unopened in case it is declared 'late' or rejected. d) The responsibility for ensuring that the tenders are delivered in time would vest with the bidder. e) Offline documents delivered in person on the day of tender opening shall be delivered up to Hrs. to the purchaser at the venue (address is given in NIT) of the tender opening. The purchaser shall not be responsible if the bids are delivered elsewhere. f) Venue date and time of tender opening shall be as mentioned in the Notice Inviting Tender (NIT) i.e. Section-I. If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently on notice board and also on BBNL website If both the envelopes are not sealed and marked as required at clause 15.1 the bid shall be rejected Tender Opening: Tender will be opened online by the designated Bid Opening Team of BBNL on the schedule date and time of opening of the bids. The representatives of the bidders may attend the bid opening either online after Logging on to the ETS Portal or at BBNL premises BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 12 of 52

13 16. SUBMISION OF BIDS: 16.1 Bids must be received by the Purchaser online as per instructions in Section- XII not later than the specified date and time indicated in the Detailed NIT (Section-I). The bidder is required to submit the bid online at the e-tender portal. Tender bids received after due time & date will not be accepted. Offline submission of bids would not be accepted and only the documents mentioned in Section XII shall be submitted offline The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended The bidder shall submit its bid offer against a set of bid documents purchased by him for all or some of the systems/equipment as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However not more than one independent and complete offer shall be permitted from the bidder. 17. LATE BIDS: Any bid received by the purchaser after the deadline for submission of bids prescribed by the purchaser pursuant to clause 16, shall be rejected. E-tender system is date and time locked. The system will not accept any bid after the scheduled date and time of submission of the bids. 18. MODIFICATION AND WITHDRAWAL OF BIDS: 18.1 The bidder may modify, revise or withdraw its bid after submission prior to the deadline prescribed for submission of bid, provided that the written notice of the modification/ revision or withdrawal is received by the purchaser prior to the deadline prescribed for submission of bids The bidder's modification, revision or withdrawal shall be prepared, sealed, marked and dispatched/ online submitted as required in the case of bid submission in accordance with the provision of clause A withdrawal notice may also be sent by but followed by a signed confirmation copy by post not later than the deadline for submission of bids Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids. E. BID OPENING AND EVALUATION: 19. OPENING OF BIDS BY BBNL 19.1 The purchaser shall open bids online in the presence of bidders or their authorized representatives who chose to attend, at the time specified in the Detailed NIT (Section-I). The bidder's representatives, who are present, shall BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 13 of 52

14 sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in section X) A maximum of two representatives of any bidder shall be authorized and permitted to attend the bid opening The bidder's names, Bid prices, modifications, bid withdrawals and such other details as the purchaser, at its discretion, may consider appropriate will be announced at the time of opening The date fixed for opening of bids, if subsequently declared as holiday by BBNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered. 20. CLARIFICATION OF BIDS: To assist in the examination, evaluation and comparison of bids, the purchaser may, at his discretion ask the bidder for the clarification its bid. The request for the clarification and response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained. 21. EVALUATION OF BIDS 21.1 The BBNL shall evaluate the bids in respect to the substantive responsiveness of the bid or otherwise. Thereafter the BBNL shall carry out detailed evaluation of the substantially responsive bids. The BBNL shall evaluate the bids to determine whether they are complete, whether any Arithmetical errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the BBNL. If there is a discrepancy between words and figures, the amount in words shall prevail. If the bidders do not accept the correction of the errors, the bid will be rejected A bid determined as substantially non-responsive will be rejected by the BBNL and shall not, subsequent to the bid opening, be made responsive by the bidder by correction of the non-conformity The BBNL may waive any minor infirmity or non-conformity or irregularity in a bid, which does not constitute a material deviation, provided such waiver, does not prejudice or affect the relative ranking of any bidder The technical bids will be evaluated in respect to their substantive responsiveness or otherwise. Thereafter, BBNL shall open the financial bids of only those Firms/Bidders whose technical bids are found to be qualifying in the technical evaluation and detailed evaluation of the BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 14 of 52

15 financial bids shall also be carried out later and the substantially responsive financial bids shall be considered, for further evaluation. 22. EVALUATION OF SUBSTANTIALLY RESPONSIVE BIDS The evaluation and comparison of responsive bids shall be done on the basis of net cost to BBNL on the price of service offered inclusive of all taxes including GST The raking of contractors shell be decided for each category of vehicle separately on total cost of 2500 Km/260 hours per month and cost of extra items viz 500 Kms, 50 hours & 5 Nights as mentioned in Price Schedule (Section VII) 23. CONTACTING THE PURCHASER: 23.1 Subject to Clause 20, no bidder shall try to influence the purchaser on any matter relating to its bid, from the date of the bid opening till the time the contract is awarded Any effort by a bidder to modify the bid or influence the purchaser in the purchaser`s bid evaluation, bid comparison or contract award decision shall result in the rejection of bid. 24. AWARD OF CONTRACT: 24.1 The BBNL may consider placement of order for commercial supplies on those bidders whose offer have been found technically, commercially and financially acceptable The Contract shall be awarded to L1 (Lowest Quoted) bidder of each Category of Vehicle separately for 100% Quantity. 25. BBNL S RIGHT TO VARY QUANTITIES AT THE TIME OF AWARD PLACING REPEAT/ADD-ON ORDERS BBNL will have the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract. Additional quantities up to 50% of goods and services contained in the running tender/contract can be ordered within a period of twelve months from the earliest date of acceptance of APO (earliest one) at the same rate or a rate negotiated (downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions 25.2 In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the purchaser reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender/contract within a period of twelve months from the earliest date of acceptance of APO at the same rate or a rate negotiated (downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 15 of 52

16 26. Issue of Advance Purchase Order (APO) 26.1 The issue Advance Purchase Order (APO) shall constitute the BBNL s intention to place the purchase order with the successful bidder if he fulfills the conditions of Clause The bidder shall, within 14 days of issue of Advance Purchase Order (APO give its acceptance along with performance security in conformity with the Section-XI of the bid documents. 27. SIGNING OF THE CONTRACT: The issue of purchase order on the receipt of acceptance of Advance Purchase Order (APO), performance security, and signing of agreement shall constitute the award of contract to the bidder. 28. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of Clause 26 shall constitute sufficient ground for the annulment of the acceptance of the bid and forfeiture of the bid security in which event the BBNL may give the offer to any other bidder at the discretion of the BBNL or call for new bids. 29. The service as specified in this tender are to be provided as per time period specified in this NIT on a continuous basis. 30. CONTACTING THE PURCHASE 30.1 No bidder shall try to influence the BBNL on any matter relating to its bid, from the time of the bid opening till the time, the contract is awarded Any effort by a bidder to influence the BBNL in the BBNL s bid evaluation, bid comparison or contract award decisions may result in the rejection of the bid. 31. SUMMARY REJECTION While all the conditions specified in the bid documents are crucial and are to be complied, Special attention of bidder is invited to the following Clauses of bid documents. Non-compliance of any of the following shall result in outright rejection of the bid:- (i) (ii) (iii) Any bid, received without tender document fee. Any bid, unless exempted specifically, not accompanied by required earnest money or received with shorter validity period. Any bid received without Clause by Clause compliance in prescribed format at Section- IX. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 16 of 52

17 (iv) (v) Any bid in which rates have not been quoted in accordance with specified formats/details as specified in Tender document. Any bid with validity less than 150 days 32. POST TENDER OFFERS: No post bid clarifications at the initiative of the bidders shall be entertained and any effort by the bidders to influence the BBNL in the BBNL s bid evaluation, bid comparison or award of contract shall result in rejection of the bid 33. RATES FOR ORDERING: 33.1 The Basic rates approved by BBNL shall remain valid during currency of the contract and extended contract period During the contact period, increase/ decreased of taxes/duties, BBNL shall make payment as per actual taxes/duties. 34. BBNL reserves the right to disqualify the contractor for suitable period who habitually failed to carry out the work in time. Further, the contractor s whose performance is not satisfactory in the field in accordance with the specification may be disqualified for a suitable period by the BBNL. 35. BBNL reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient grounds. 36. The bidder should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm and limited company certificate will be given by Authorized Signatory The near relatives for this purpose are defined as: a) Members of a Hindu undivided family. b) They are husband and wife. c) The one is related to the other in the manner as father, mother, son s wife (daughter in law), Daughter (s) and daughter s husband (son in law) brother(s) and brother s wife, sister(s) and sister s husband (brother in law). The format of the certificate to be given is I S/O r/o hereby certify that none of my relative(s) as defined in the tender document is/ are employed in BBNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/ incorrect, BBNL shall have the absolute right to take any action as deemed fit/ without any prior intimation to me. (Signature of Proprietor/Partner/Director/Authorized Signatory) BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 17 of 52

18 37. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will verify the genuineness and correctness of all documents and certificates, including experience/ performance certificates, issued either by the bidder or any other firm/ associate before submitting t hem in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder As per requirement of the tender s conditions, if any document/ paper/ certificate submitted by the participant bidder is found to be false/ fabricated/ tempered/ manipulated at any stage during bid evaluation or award of contract, then the bid security (EMBG) of the bidder would be forfeited and the bidder would be disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting firm. In case contract has already awarded to the bidder, then PBG would be forfeited and the contract would be rescind/ annulled and BBNL would be at liberty to procure the ordered goods and services from any other source at the risk and cost of the defaulting bidder. Action may also be taken for banning business dealing with the defaulting firm. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 18 of 52

19 1. APPLICATION: Section III General (Commercial) Conditions of contract The general conditions shall apply in all contracts, made by the purchaser for the procurement of goods/services. 2. STANDARDS: The goods or services supplied under this contract shall conform to the standards mentioned in the technical specifications. 3. PATENT RIGHTS: Deleted 4. PERFORMANCE SECURITY: 4.1 All suppliers (including MSEs who are registered with Appropriate Authority) shall furnish performance security to the purchaser for an amount equal to 5% of the value of purchase order within 14 days from the date of issue of Advance Purchase Order by the Purchaser The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the contract The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the form provided in 'Section XI' of this Bid Document. OR, The performance security Bond shall be in form of Demand Draft issued by a scheduled Bank The performance security Bond will be discharged by the Purchaser after completion of the supplier's performance obligations including any warranty obligations under the contract. 5. INSPECTIONS AND TESTS: 5.1 The purchaser or his representative shall have the right to inspect and test the services for their conformity to the specifications. In addition, the purchaser or its representative shall have the right to screen the candidates before putting them at job. 5.2 Notwithstanding the pre-services inspection prescribed in clause 5.1 above, the candidates may also be inspected at work station and if any service / candidate is not found satisfactory, the same shall be replaced free of cost to the purchaser as laid down in clause 5.3 below. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 19 of 52

20 5.3 If any Services or any part thereof, fails to fulfill the requirements of the contract, the inspector shall give the contractor/supplier notice setting forth details of such failure and the supplier, shall make the defective Services, or alter the same to make it comply with the requirements of the contract forth with. The supplier free of all charges at site shall make these replacements. Should it fail to do so within the stipulated time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of the services as the case may be, which fails to fulfill the requirements of the contract? The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier. 5.4 Nothing in clause 5 shall release the supplier from any obligations under this contract. 5.5 Inspection and testing shall be as per provisions in the General Specifications. 6. DELIVERY OF SERVICES AND DOCUMENTS: 6.1 Delivery of the services and documents shall be made by the supplier in accordance with the terms specified by the purchaser in its schedule of requirements and special conditions of contracts. The delivery of the goods/services shall be to the ultimate consignee as given in the purchase order/work Order. 6.2 The delivery of Services shall be completed within 14 days from the date of issue of Purchase Order/Work Order. 7. PAYMENT TERMS: 7.1 The bills shall be submitted in duplicate to the authority specified (User) in contract along with the following document. i) Satisfactory service certificate from the user. ii) Log Book extract duly certified by the user. iii) Photocopy of the Pollution Control Certificate. iv) Photocopy of R.C of the Vehicle. v) Photocopy of Insurance of Vehicle. vi) In case R/C of the vehicle is not in the name of firm/contractor, an authorization/assignment letter from the owner of the vehicle in favour of firm/contractor is required 7.2 No payment shall be made for the unsatisfactory service during the contract period. 8. PRICES: 8.1 Prices charged by the supplier for services performed under the contract shall not be higher than the prices quoted by the Supplier in its Bid except for variation caused by change in taxes/ duties as specified in Clause-8.2 mentioned below For changes in taxes/ duties during the scheduled delivery period, the unit price shall be regulated as under: (a) Prices will be fixed at the time of issue of purchase order as per taxes and stat utory duties applicable at that time BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 20 of 52

21 (b) In case of reduction of taxes and other statutory duties during the scheduled delivery period, purchaser shall take the benefit of decrease in these taxes/duties for the services delivered from the date of enactment of revised duties/taxes. (c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties/taxes for the services, to be provided during the remaining delivery period as per terms and conditions of the purchase order. 9. CHANGES IN ORDERS 9.1 The purchaser may, at any time, by a written order given to the Supplier, make changes within the general scope of the contract in any one or more of the following: a) Specifications, where services to be furnished under the contract are to be specifically provided for the purchaser; b) The place of delivery; or c) The services to be provided by the supplier. If any such change causes an increase or decrease in the cost of, or the time required for the execution of the contract, and equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause must be made within 30-days from the date of the receipt of the change in order. Decision of BBNL in this regard shall be final. 10 SUB-CONTRACTS: The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this contract if not already specified in its bid. Such notification, in its original bid or later shall not relieve the supplier from any liability or obligation under the Contract. 11. FORCE MAJEURE: 11.1 If at any time, during the continuance of this contract performance in whole or in part by either party or any obligation under this contract shall be prevented or delayed by reason of any event or hostility, acts of public enemy civil commotion sabotage, hostilities, floods, explosion, epidemics, guarantying restricts, strikes, lockouts or acts of god (here in after referred to as events) provided notice of happening of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performances The contract may be resumed as soon as practicable after such event has come to an end or ceased to exist and the decision of CMD, BBNL, New Delhi shall be final. If the performance in whole or part or any obligation under the BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 21 of 52

22 contract in prevented or delayed by reason of such event for a period exceeding 60 days either party may at its option terminate the contract Provided also that if the contract is terminated under this clause, the hirer shall be at liberty to hire from the contractor at a price to be fixed by the hirer, which shall be final. Such number of Vehicles in possession of the contractor at the time of such terminations, unaffected by the force majeure situations for the unconcluded period of the contract shall be taken over by BBNL. 12 ARBITRATION: 12.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of CMD, BBNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of CMD, BBNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CMD or the said office. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating is office or being unable to act for any reason whatsoever, the CMD, BBNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appoint shall be entitled to proceed from the stage at which it was left out by his predecessors The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and conciliation Act-1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause The venue of the arbitration proceeding shall be the office of CMD, BBNL, New Delhi or such other places as the arbitrator may decide. 13 Subject Laws and Jurisdiction: The contract shall be governed by Indian Laws and the Courts at Delhi will have jurisdiction to entertain any dispute or claim arising on the contract. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 22 of 52

23 14 PAST PERFORMANCE: 14.1 Successful performance of contracts against orders issued by BBNL shall not however be considered as an additional qualification The purchaser reserves the right not to consider any contractor for award of work whose performance in the past has been unsatisfactory. The decision of the purchaser in this regard will be final. 15 TERMINATION OF CONTRACT: 15.1 The BBNL, may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the contractor terminate this contract in whole, or in parts under following circumstances. a) If the contractor fails to arrange the supply of any or all of the vehicles within the time period(s) specified in the contract or any extension thereof granted by the BBNL; b) If the contractor fails to perform any other obligation(s) under the contract; c) If the contract, in either of the above circumstances does not cure its failure within a period of 15 days (or such longer period as the BBNL may authorize in writing) after receipt of the default notice from the BBNL. d) If any paper submitted vendor is found not genuine at any stage In the event of termination of the contract in whole or in part, the BBNL may execute/get executed the said contract upon such terms and in such manner as it deems appropriate. The contractor shall be liable to the BBNL for any excess costs of such contracts executed in view of the terminations. However, the contractor shall continue performance of the contract to the extent not terminated BBNL may without prejudice, on the happening of any of the above mentioned circumstances, to its other rights under law or the contract provided elsewhere get the hiring of vehicles done at the risk and cost of the contractor and look to him for the payments thereof and can also claim a set - off of any dues payable under this contract or any other contract under set- off clause BBNL may also by giving written notice and without compensation to the contractor terminate the contract if the contractor becomes un-willing, bankrupt or otherwise insolvent without affecting its right of action or remedy as hirer. 16 Set-Off Any sum of money due and payable to the contractor (including security/ PBG deposit refundable to him) under this contract may be appropriated by the purchaser or the BBNL or any other person or persons contracting through the BBNL and set-off the same against any claim of the purchaser or BBNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the contractor with the purchaser i.e. BBNL or such other person or persons contracting through the BBNL. BBNL/CO/CGM (HR&A)/Rate Contract Vehicle/2017/06 Page 23 of 52