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From Transport Commissioner, Haryana, 30 Bays Building, 2nd Floor,
Sector 17C, Chandigarh 160017. 0172-2701290, 0172-2700542(FAX)
To
All the Prospective Bidders.
Memo No.12887-12900/AT-1/ST-II Dated: 13.07.2011
Sub: High Security Registration Plate Project – Draft Concession Agreement.
In continuation this office letter No.SPL-1/STA-II dated 30.06.2011, please
find enclosed a copy of the draft Concession Agreement to be signed between the State
Government and the successful bidder.
Please acknowledge the receipt through return of e-mail please. Our e-mail
address is [email protected].
Sd/- Additional Transport Commissioner,
Haryana, Chandigarh.
HSRP PROJECT RFP – CLARIFICATIONS/MODIFICATIONS/ADDENDA
A. CLARIFICATIONS:
Sr.No.
Clause of RFP
Queries/suggestions Clarifications
1. 1.5(1) Whether the agreement between the members of JV/Consortium should be registered or notarized or is there any other requirement in this regard?
The agreement may be notarized on stamp paper.
2. 1.5(1) The format of authorization by the manufacturer to the vendor may be specified.
The authorization shall be as per Annexure-XVIII. (enclosed)
3. 1.5(1) The term ‘vendor’ may be defined. Sub clause 28 will be added in Clause 1.1 of the RFP after sub clause 27, as under:- ‘Vendor’ shall mean a supplier having the type approval from the authorized agency, and duly authorized by a manufacturer of High Security Registration Plate to be a vendor of such manufacturer.
4. 1.5(1) In case of vendor, Conformity of Production of the manufacturer may be considered as the vendor is not given Conformity of Production.
In case of vendor, the Conformity of Production of the manufacturer of which the bidder is an authorized vendor will be considered.
5. 1.5(3) It may be clarified whether the solvency certificate should be taken from Bank or from any other source.
The solvency certificate issued by a Scheduled Bank will be acceptable.
6. 1.5(3) The relevant date for calculating the minimum net worth may be specified.
Audited financial statements for the year 2009-10 or unaudited financial statements for the year 2010-11 duly certified by the Chartered Accountant will be acceptable.
7. 1.5(6) Whether the affidavit can be got attested from notary public also.
Yes, the affidavit can be got attested from a Notary Public also.
8. 1.5(7) The proof certificate regarding software of number plate management and details required needs to be specified as all bidders have their different softwares.
The undertaking will be acceptable as per Annexure-XIX. (enclosed)
9. 1.5(8) Format of the undertaking may be specified.
The undertaking will be acceptable as per Annexure-XX. (enclosed)
10. 2.3.1.3 Confirm whether alongwith the pre-qualification bid, attested copy of type approval certificate is only required to be submitted and the original is to be produced at the time of opening of pre-qualification bid.
Yes, it is confirmed.
11. 2.3.1.10 It may be clarified whether the turn over should be from Registration Plate Business or High Security Registration Plate Business.
Details regarding the turn over from the Registration Plate business may be provided by the bidder, if any. However, it is clarified that this is not an essential qualification.
12. 2.3.1.10 The inspection of manufacturing facility should be must.
The Department may inspect the manufacturing facility at its discretion.
13. 2.3.2 It may be clarified that the successful bidder should have office in Haryana/Chandigarh before the contract is awarded or after that.
Only the successful bidder is required to have an office in Haryana /Chandigarh before the date of signing of the agreement.
14. 2.3.2 What will be the minimum requirement for office?
No minimum requirement is prescribed with respect to size of the office.
15. 2.15.2 Whether Envelope 1 (pre-qualification bid), Envelope 2 (High Security Registration Plate samples) and Envelope 3 (financial bid) should all be put together in a common envelope.
Yes, all the three envelopes should be put together in a common envelope, each envelope having proper strength to ensure that the different components of the bid remain safe and together.
16. 3.1 Is it acceptable to setup embossing and hot stamping unit within the manufacturing plant itself and ship out finished plates to RTO offices ?
No.
17. Sec. VI Can the space for writing the rates be increased in the Financial Bid form-I and II ?
The bidders may get Section VI (Financial Bid Form-I & Financial Bid Form-II) re-typed in the same proforma by providing additional space in the proforma as per their requirement.
18. Annx-IV&V
Whether Annual Reports of 2007-08 can be submitted in case 2010-11 Annual Reports are not audited.
A certificate from Charted Accountant/Bank is to be attached alongwith Annexure-IV & V. Since the report of last three years is to be considered, therefore, report of 2007-08 will not be considered.
19. Annx. IV&V
In case the financial/accounting year of the bidder is a calendar year, confirm that turn over details for 2008, 2009 and 2010 will be provided.
Yes, the details may be provided for the calendar year 2008, 2009 and 2010.
B. MODIFICATIONS/ADDENDA: 1. The following clauses in the RFP will be replaced as under:-
Sr.No.
Clause of RFP
Existing Clause Existing Clause to be replaced with
1. 1.2.2 High Security Registration Plates and the 3rd Registration Plates shall be issued and fixed on the vehicle in the manner prescribed in Govt. of India’s notification at the premises of the Registering Authority or at such other place specified by the registering authority. Government may give directions as deemed fit, about the colour of additional information which should be printed on 3rd registration plate, from time to time.
High Security Registration Plates and the 3rd Registration Plates shall be issued and fixed on the vehicle in the manner prescribed in Government of India’s notification at the premises of the Registering Authority or at such other place specified by the Registering Authority. Government of India may give directions as deemed fit, about the colour of additional information which should be printed on 3rd registration plate, from time to time.
2. 2.3.1.2 The EMD of Rs. 25,00,000/- (Rupees Twenty Five Lac only) in favour of Transport Commissioner,
The EMD of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) in the form of a Banker’s Cheque or a Bank Draft from
Haryana, Chandigarh in the form of a Banker’s Cheque/Bank Draft/ Fixed Deposit Receipt from any Nationalized/Scheduled Bank. Note: Any Bid not accompanied by an acceptable EMD in the manner stated above shall be summarily rejected as non responsive bid and the other unopened envelopes shall be returned, without entertaining any correspondence whatsoever.
any Scheduled Bank drawn in favour of Transport Commissioner, Haryana, Chandigarh payable at Chandigarh. The Banker’s Cheque and Bank Draft will be valid for a period of 180 days. The selected bidder will however re-validate the Banker’s Cheque/Bank Draft till the date of delivery of the Performance Security, in case the validity of Banker’s Cheque/Bank Draft expires earlier. Note: Any Bid not accompanied by an acceptable EMD in the manner stated above shall be summarily rejected as non responsive bid and the other unopened envelopes shall be returned, without entertaining any correspondence whatsoever.
3. 2.3.1.3 Copy of Type approval certificate, duly attested by a Gazetted officer, for each size & type of High Security Registration Plate & fixtures from agencies authorized by Govt. of India to supply the High Security Registration Plates, stickers , snap locks. (Original shall be produced at the time of opening of qualification bid.
Copy of Type approval certificate, duly attested by a Gazetted officer, for each size & type of High Security Registration Plate & fixtures from agencies authorized by Government of India to supply the High Security Registration Plates. (Original certificate shall be produced at the time of opening of pre qualification bid).
4. 2.3.1.9 The Bidder should enclose documents regarding tie-up of sourcing of the following:- 1. Reflective Sheeting 2. Aluminum Plates 3. Hot stamping Foils 4. Holograms 5. Laser Printing 6. Blank Processing Units 7. Embossing Stations
The Bidder should enclose documents regarding tie-up of sourcing of the following:- 1. Reflective Sheeting 2. Aluminum 3. Hot stamping Foils 4. Holograms 5. Laser Marking 6. Blank Processing Units 7. Embossing & Hot Stamping
Machines
5. 2.4 The pre-qualification will be done on the basis of documents submitted in envelope no. 1 and bidders who qualify will be eligible for technical evaluation on the basis of samples submitted in envelope no. 2 and technical bid submitted in envelope no. 3. The envelope nos. 2 , 3 and 4 of bidders who fail to pre-qualify will not be opened.
The pre-qualification will be done on the basis of documents submitted in envelope no. 1. Bidders who qualify will be eligible for technical evaluation on the basis of samples submitted in envelope no. 2. Financial bid (envelope no. 3) of only those bidders will be opened who qualify in the pre qualification and technical evaluation. The envelope nos. 2 and 3 of bidders who fail to pre-qualify will not be opened.
6. 2.5 The Bidder must provide complete set of Samples of each size of High Security Registration Plate strictly as per specifications, showing different alphabets and numerals from 0 to 9, duly marked and sealed along with the bid documents in a separate envelope,
The Bidder must provide complete set of Samples of each size of High Security Registration Plate including the 3rd Registration Plate Sticker and Snap Lock, both for transport vehicles and non-transport vehicles, strictly as per specifications, showing different alphabets from A to Z and numerals
duly sealed and marked Envelope No. 2 – Samples (Each sample should also be properly labelled indicating name of the bidder). The Bidder must confirm in their bid that the samples conform to the specifications as notified by Govt. of India, Ministry of Road Transport & Highways as amended from time to time. The State Government may get the sample checked/tested at the cost of the bidder.
from 0 to 9, duly marked and sealed along with the bid documents in a separate envelope, duly sealed and marked Envelope No. 2 – Samples (Each sample should also be properly labelled indicating name of the bidder). The Bidder must confirm in their bid that the samples conform to the specifications as notified by Govt. of India, Ministry of Road Transport & Highways as amended from time to time. The State Government may get the sample checked/tested at the cost of the bidder.
7. 2.9.2 The Bidder shall fill in rates and prices both in figures and words in Financial Bid. The bidder shall quote rates in Financial Bid Form I for supply and fixing complete set of Registration Plates, including 3rd Registration Plate (where required) and Snap Lock, for each category of vehicles. Item wise details of rates shall be given in Financial Bid Form-II for the purpose of Individual Registration Plate. The sum total of Financial Bid Form-II should not be more than the rate quoted Form-I. The rates quoted by the Bidder shall be fixed and which can be charged from a vehicle owner for each category of vehicles and shall be inclusive of all duties and taxes except the local taxes, VAT etc. which may be charged extra, as applicable in the State.
The Bidder shall fill in rates and prices both in figures and words in Financial Bid. The bidder shall quote rates in Financial Bid Form I for supply and fixing complete set of Registration Plates, including 3rd Registration Plate (where required) and Snap Lock, for each category of vehicles. Item wise details of rates shall be given in Financial Bid Form-II for the purpose of meeting with the piece-meal requirement of individual Registration Plates. The sum total of different items of a complete set of Registration Plate in Financial Bid Form-II should not be more than the rate quoted in Form-I for a complete set for different categories of vehicles. The Bidder shall quote the Base Price of the HSRP and all the taxes, duties and levies separately.
8. 2.30.3 There will be provision for escalation of price based on objective criteria as may be finalized by the State Government.
The price will be increased @10% after every three years. The increase will be allowed on the base price (i.e. price excluding all the taxes, duties and levies). The first increase in the price will be allowed after completion of three years from the date of signing of the Concession Agreement.
9. 3.10 The department will provide adequate space required and other infrastructure like Electricity etc. in the premises of Registering Authority for preparation and fixing of High Security Registration Plate, at the request of the successful Bidder. No rentals or lease money will be recovered from the successful bidder in this regard. The space provided to the successful bidder will be solely for the purpose of pursuing the objects of this scheme and would not
The State Government shall provide one room each in the premises of the following 24 Registering Authorities for fixing of High Security Registration Plates, at the request of the successful Bidder.
District Name of the Registering Authority
Ambala 1. Secy. RTA 2.SDO(C), Naraingarh 3.SDO(C), Barara
Yamuna Nagar 1. Secy. RTA Kurukshetra 1.SDO(C), Thanesar Panchkula 1. Secy. RTA
bestow on them any right to own, lease, rent or use the premises for any purpose other than the purpose of this scheme. Immediately on the termination of the successful bidder’s contract, the said premises will be vacated by him and handed back to the concerned authority. Charges for utilities like electricity, water however, will be payable on actual basis by the bidder. The bidder will get his own meters/sub meters installed for this purpose.
Karnal 1.Secy. RTA 2.SDO(C), Assandh
Rohtak 1. SDO(C), Meham Gurgaon 1. Secy. RTA Faridabad 1. SDO(C), Faridabad
2. SDO(C), Ballabgarh Palwal 1. SDO(C), Hodal Rewari 1. Secy. RTA
2. SDO(C), Kosli Mahendergarh 1. SDO(C) M.garh Bhiwani 1. Secy. RTA
2. SDO(C), Tosham Hisar 1. SDO(C), Hansi Jind 1. SDO(C), Jind
2. SDO(C), Narwana Sirsa 1. SDO(C), Sirsa
2. SDO(C), Ellnabad Fatehabad 1.SDO(C), Fatehabad
Wherever available, the space of one room will be provided by the State Government for temporary erection of pre-fabricated kiosks, to be erected by the Concessionaire at his cost, in the offices of remaining Registering Authorities for affixing of High Security Registration Plates, which shall be declared as part of the premises of Registering Authority concerned. In case space is not available, the Concessionaire shall take his own space on rent which shall be declared as part of the premises of Registering Authority concerned as per mutual consent of Registering Authority and the Concessionaire. No rentals or lease money for the space provided in the offices of above Registering Authorities shall be recovered from the successful bidder in this regard. The space as mentioned above provided to the Concessionaire shall be solely for the purpose of pursuing the objects of this scheme and would not bestow on him any right to own, lease, rent or use the premises for any purpose other than the purpose of this scheme. Immediately on the termination of the contract, the said premises shall be vacated by the Concessionaire and handed over to the concerned Registering Authority. Charges for utilities like electricity, water etc. however, shall be payable on actual basis by the Concessionaire. The Concessionaire shall get its own meters/sub-meters installed for this purpose. However, the space for establishing Embossing and Hot Stamping Stations and storage of material etc. shall be arranged by the Concessionaire at its
level and at its cost. 10. 4.3.1 The following reports shall be
submitted by the approved bidder in the format enclosed: a) Daily Compliance Report to
each Registering Authority as per Annexure I.
b) Monthly Compliance Report to the Transport Department as per the Format at Annexure II.
Any other report/ information prescribed by Transport Commissioner, Haryana from time to time.
The following report shall be submitted by the approved bidder: (a) a daily report on the following day
in form set forth in Annexure-I. (b) a monthly report to be submitted
within 7 days of completion of each calendar month in form set forth in Annexure-II.
(c) a monthly report to be submitted within 7 days of completion of each calendar month in form set forth in Annexure-IA.
(d) a monthly report to be submitted within 7 days of completion of each calendar month in form set forth in Annexure-IB.
(e) any other report/information as decided by the State Government from time to time.
11. 4.14 4.8 LIQUIDATED DAMAGES &
PENALITY CHARGES The time is the essence of the contract. High Security Registration Plates are to be affixed on the motor vehicles in the State as notified by Ministry of Road Transport and Highways, Govt. of India. After signing of the agreement, the requisite infrastructure must be ready & the actual manufacturing of HSRP must start within two months. In case of delay in this regard, penalty @Rs. 5,000/- per day per destination will be applicable, provided that the site has been offered or any other place has been specified by the registering authority. The rate of penalty will be Rs.10,000/- per day after 30 days and Rs.15,000/- after 120 days. In case the work of affixation of High Security Registration Plates is not started in at least 75% of the Registering Authorities within a period of 4 months, the contract will be terminated.
If the HRSP is not kept ready for affixation within 4 days (excluding Sundays and Gazetted holidays) of receipt of authorization from Registering Authority, then a rebate @ Rs. 50/- per day of delay per vehicle upto 7 days & thereafter @ Rs. 75/- day per vehicle will be given by the bidder
4.8 LIQUIDATED DAMAGES & PENALITY CHARGES
The time is the essence of the contract. High Security Registration Plates are to be affixed on the motor vehicles in the State as notified by Ministry of Road Transport and Highways, Government of India. After signing of the agreement, the requisite infrastructure must be ready & the actual manufacturing of HSRP must start within three months. In case of delay in this regard, penalty @ Rs.5,000/- per day per destination will be applicable. The rate of penalty will be Rs.10,000/- per day after 30 days and Rs.15,000/- after 120 days. In case the work of affixation of High Security Registration Plates is not started in at least 75% of the Registering Authorities within a period of 4 months, the contract will be terminated. If the HRSP is not kept ready for affixation within 4 days (excluding Sundays and Gazetted holidays) of receipt of authorization from Registering Authority, and depositing of the Price by the vehicle owner, then a rebate @ Rs. 50/- per day of delay per vehicle upto 7 days & thereafter @ Rs. 75/- day per vehicle will be given by the bidder to the vehicle owner. The amount thus worked out shall be refunded/paid to the vehicle owner by the bidder.
to the vehicle owner. The amount thus worked out shall be refunded to the vehicle owner by the bidder.
2. The following shall be added in clause 2.3.1.1 of RFP document, after the last
line: “ Authorisation by the manufacturer to the vendor Annexure-XVIII Certificate regarding online software Annexure-XIX Undertaking by the members of JV/Consortium Annexure-XX”
3. Financial Bid Form – I and Financial Bid Form –II enclosed with RFP will be modified as in Annexure-Y and Annexure-Z (enclosed) respectively.
4. The following clause 3.12 shall be added after clause 3.11.4 of the RFP:
“3.11 The successful bidder shall provide online software implementation containing inter-alia the following features: a. System should have provision for registering user request (over portal,
phone, helpdesk etc) for affixing High Security Registration Plates. b. System should have a workflow based approval mechanism starting
from User raising a request to final sign off by Registering Authority. The workflow would be finalized in discussion with department during the execution of the project.
c. System should have additional features including escalation framework, status tracking, appointment scheduling.
d. System should allow users to make online payments & get e-receipts. e. System should allow dealing clerk/Registration Authority to upload and
save the photo of the vehicle with High Security Registration Plate, prior to approval/acceptance by the competent authority. The quality of the camera and photograph should be of sufficient high resolution acceptable to the department.
f. System should provide real-time data accessed from integrated and centralized computing environment/Data centre.
g. System should generate MIS reports as per requirement of the departmental officials.
h. System should have advance communication application interface with emails and SMS.
i. System should be updated as per requirements of the department from time to time.
On completion of the contract or foreclosure/pre-mature termination of the
contract, the Concessionaire shall pass on the IPR and the software along with the source code and the entire data asset to the Transport Commissioner, Haryana at zero cost.”
5. The following sub clause 4.24 shall be added after clause 4.23.1 of the RFP: “No Termination Payment shall be made by the State Government to the
Concessionaire in the event of Termination due to any Force Majeure event or due to Concessionaire’s default or on completion of the project or in the event of short closure by the State Government due to changes in Central/State Government Laws/Policies/Instructions and/or due to technological changes and/or due to changes in the HSRP Scheme or for any other reasons whatsoever”.
6. The following Annexures shall be enclosed with the RFP document: a) Annexure IA b) Annexure IB c) Annexure XVIII d) Annexure XIX e) Annexure XX 7. The schedule mentioned in the RFP will be revised as under:- a. Last date and time for receipt of bids : 21.07.2011 (4.00 p.m) b. Date & Time of opening of pre-qualification bids : 28.07.2011 (11.00 a.m) c. Date & Time of opening of technical bids : 11.08.2011 ( 11.00 a.m) d. Date & Time of opening of Commercial bids : 18.08.2011 ( 11.00 a.m) 8. The rest of the suggestions received from the prospective bidders have
been considered and not accepted.
Annexure-XVIII
U N D E R T A K I N G
I, the undersigned do hereby undertake that our Company/Joint Venture/Consortium is
the authorized vendor of ______________________________________, a Company
which is the manufacturer of High Security Registration Plates confirming to the
requirements of Rule 50 of Central Motor Vehicles Rules, 1989. An attested copy of the
authority letter from the manufacturer is enclosed. I further undertake that I have type
approval from testing agencies authorized under Central Motor Vehicles Rules, 1989.
_________________________________ Signed by an authorized officer of bidder _________________________________ Title of the Officer
_________________________________ Name of Bidder
_________________________________ Date
ANNEXURE-XIX
U N D E R T A K I N G
I, the undersigned do hereby undertake that our Company/Joint Venture/Consortium shall
provide online software implementation as per the requirements of the State Government.
The software inter-alia will have the following features:-
a. System will have provision for registering user request (over portal, phone,
helpdesk etc) for affixing High Security Registration Plates.
b. System will have a workflow based approval mechanism starting from User raising a
request to final sign off by Registering Authority. The workflow would be finalized
in discussion with department during the execution of the project.
c. System will have additional features including escalation framework, status
tracking, appointment scheduling.
d. System will allow users to make online payments & get e-receipts.
e. System will allow dealing clerk/Registration Authority to upload and save the photo
of the vehicle with High Security Registration Plate, prior to approval/acceptance by
the competent authority. The quality of the camera and photograph would be of
sufficient high resolution acceptable to the department.
f. System will provide real-time data accessed from integrated and centralized
computing environment/Data centre.
g. System will generate MIS reports as per requirement of the departmental officials.
h. System will have advance communication application interface with emails and
SMS.
i. System will be updated as per requirements of the department from time to time.
_________________________________ Signed by an authorized officer of bidder _________________________________ Title of the Officer _________________________________ Name of Bidder _________________________________ Date
ANNEXURE-XX
U N D E R T A K I N G
We, the undersigned, members of _____________________ Joint Venture/Consortium,
do hereby undertake that none of us is member of any other Joint Venture/Consortium
which is/are participating in the bidding process for High Security Registration Plate
Project in the State of Haryana.
_________________________________
Signed by Member - 1 _________________________________ Signed by Member - 2
________________________________ Signed by Member - 3
_________________________________ Date
ANNEXURE-IA
MONTHLY STATEMENT FROM CONCESSIONAIRE TO REGISTERING AUTHORITY Month:_______
S. No
Category Number of new
vehicles affixed
Price Charged
Number of existing vehicles affixed
Price Charged
Replacements Price Charged
Total Amount
1 Complete set of Registration Plates inclusive of Snap Lock and fixing for 2 wheelers – scooters, motorcycles, mopeds.
2 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for 3 wheelers and invalid carriages.
3 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Light Motor Vehicles/Passenger Cars.
4 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Medium Commercial Vehicles/ Heavy Commercial Vehicles/ Trailer/ combination/others.
5 Registration Plate size 500 x 120 mm.
6 Registration Plate size 340 x 200 mm.
7 Registration Plate size 200 x 100 mm.
8 Registration Plate size 285 x 45 mm.
9 3rd Registration Plate sticker inclusive of printing.
10 Snap Locks.
ANNEXURE-IB
MONTHLY REPORT FROM CONCESSIONAIRE TO REGISTERING AUTHORITY
i. Laser number(s) encoded on the HSRP issued : _______________
ii. Name of the vehicle owner : _______________
iii. Address of the vehicle owner : _______________
iv. Type and make of vehicle : _______________
v. Whether old or new vehicle : _______________
vi. Date of receipt of Authorization for HSRP from R.A. : _______________
Vii. Date of receipt of Price from Owner : _______________
viii. Date of affixation of HSRP to Owner‟s vehicle : _______________
ix. Number of old registration plates in stock at Affixing Station : _______________
ANNEXURE-Y SECTION-VI
FINANCIAL BID FORM - I HIGH SECURITY REGISTRATION PLATE SCHEME
1. NAME OF THE FIRM 2. ADDRESS 3. TENDERED PRICE
S.No.
Item
Weight attached
Unit
Base Price per vehicle
in in Figures Words
Value of Tax/duty 1 @_____%
Value of Tax/duty 2 @_____%
Value of Tax/duty 3 @_____%
Value of Tax/duty 4 @_____%
Price inclusive
of taxes/duti
es (5+6+7+8+
9)
Total (3x10)
Identify the Applicable tax/duty:
Identify the Applicable tax/duty:
Identify the Applicable tax/duty:
Identify the Applicable tax/duty:
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 1. Complete set of Registration Plates inclusive
of Snap Lock and fixing for 2 wheelers – scooters, motor cycles, mopeds.
63.95 Set
2. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for 3 wheelers and invalid carriages
2.22 Set
3. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Light Motor Vehicles/Passenger Cars
23.57 Set
4. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Medium Commercial Vehicles/ Heavy Commercial Vehicles/ Trailer/ combination/others.
10.26 Set
5. Total No. of Vehicles (in ratios) 100
Sum Total amount NOTE : 1. The above prices are chargeable from vehicle owners and are for providing and fixing High Security Plate on the vehicles. 2. The Base Price quoted in column 5 above shall be exclusive of all taxes, duties and levies. 3. The bidder will show the tax/duties in column No. 6 to 9, one tax/duty in a column each, identifying each and every tax/duty in the space provided in these
columns. The columns may be increased depending upon the number of taxes/duties. 4. Weights attached have been arrived at by the department on the basis of approximate percentage of type of vehicles registered in the State during 2009-10.
AUTHORISED SIGNATORY
ANNEXURE-Z
FINANCIAL BID FORM - II HIGH SECURITY REGISTRATION PLATE SCHEME
PROVISION FOR SUPPLY OF INDIVIDUAL ITEMS AS REPLACEMENT
1. NAME OF THE BIDDER
2. ADDRESS
3. BID PRICE Sr. No.
Item Unit Base Price Per Unit for providing & affixing the High Security Registration Plate: In Figures In Words
1. 2. 3. 4.
1. Registration Plate size 500 x 120 mm
Pc
2. Registration Plate size 340 x 200 mm
Pc
3. Registration Plate size 200 x 100 mm
Pc
4. Registration Plate size 285 x 45 mm
Pc
5. 3rd Registration Plate sticker inclusive of printing
Pc
6. Snap Locks Pair
NOTE : 1. The bidder should quote separate rate for each size of plate to cater replacement market,
considering that a premium of 20% on the above rates can be charged from the Vehicle
Owner.
2. The above prices are chargeable from vehicle owners and are for providing and affixing High
Security Registration Plate on the vehicles. The bidder should quote separate rate for each
size of plate/snap lock to cater to the market for piece-meal requirement of individual
registration plates as different from the requirement of complete sets, considering that a
premium of 20% on the above rates can be charged from vehicle owner for piece-meal
requirement.
3. The Base Price in column 4 shall be exclusive of all taxes, duties and levies.
AUTHORISED SIGNATORY
GOVERNMENT OF HARYANA TRANSPORT DEPARTMENT
DRAFT CONCESSION AGREEMENT
FOR
IMPLEMENTATION OF
HIGH SECURITY REGISTRATION PLATES (HSRP) PROJECT
IN HARYANA STATE
ON
BUILD OWN OPERATE (BOO) BASIS.
Contents Recitals 2 1 Definitions and Interpretation 5 1.1 Definitions 5 1.2 Interpretation 9 1.3 Discrepancies 10 2 Scope of the Project 12 3 Grant of Concession 12 4 Conditions Precedent 13 5 Obligations of the Concessionaire 14 6 Obligations of the State Government 16 7. Representations and Warranties 17 7.1 Representations and Warranties of the Concessionaire 17 7.2 Representations and Warranties of the State Govt. 18 7.3 Disclosure 18 8. Disclaimer 18 9. Performance Security 21 9.1 Performance Security 21 9.2 Forfeiture of Performance Security 21 9.3 Release of Performance Security 21 10 Establishment of Embossing and Affixing Stations 21 10.1 Embossing Stations 21 10.2 Affixing Stations 23 10.3 Financing 24 10.4 Delays in the Performance 25 10.5 Service Level and Penalty Charges 25 10.6 Quality Assurance 26 11 Monitoring and Supervision 26 11.1 General 26 11.2 Reporting Requirements 27 11.3 Inspection 27 11.4 Tests 28 12 Safety Requirements 28 13 Price 30 13.1 Price 30 13.2 Revision of Price 30 13.3 Display of Price 31 14 Royalty 31 14.1 Royalty 31 14.2 Mode of Payment 31 14.3 Verification of Royalty 31 15 Insurance 32 16 Accounts and Audit 32 17 Force Majeure 34 18 Suspension of Concessionaire’s Rights 35 19 Termination 36 20 Assignments and Charges 40
21 Liability and Indemnity 40 21.1 Indemnity by the Concessionaire 41 21.2 Survival on Termination 41 22 Dispute Resolution 41 22.1 Dispute Resolution 41 22.2 Arbitration 41 23 Redressal of Public Grievances 42 24 Miscellaneous 43 24.1 Governing Law and Jurisdiction 43 24.2 Waiver 43 24.3 Exclusion of Implies Warranties etc. 44 24.4 Survival 44 24.5 Entire Agreement 44 24.6 Severability 44 24.7 No Partnership 45 24.8 Successors and Assigns 45 24.9 Environmental Compliance 45 24.10 Erection of Sign Boards 45 24.11 Advertisement/Hoardings 45 24.12 Ownership 45 24.13 Others 45 24.14 Completion of Contract 46 24.15 Notices 46 24.16 Language 46 24.17 Counterparts 46 Schedules A Scope of Work 49 B Bank Guarantee for Performance Security 54 C Daily Report from Embossing Stations to Registering Authority 58 D Monthly Report from Concessionaire to Registering Authority 59 E Monthly statement from Concessionaire to Registering Authority 60 F Monthly Report from Concessionaire to Registering Authority 62 G Schedule of Price 63 H Concessionaire’s Work Plan 64 I Authorization for affixation of High Security Registration Plate 65 J Authority letter for getting High Security Registration Plate affixed 66
Part I Preliminary
CONCESSION AGREEMENT This Agreement is entered into this the __________ day of____________ , 2011.
BETWEEN
The Governor of Haryana acting through the Financial Commissioner and Principal Secretary
to Govt. Haryana, Transport Department (hereinafter referred to as “State Government”
which expression shall unless repugnant to the context or meaning thereof include its
administrators, successors and assigns) of One Part:
AND
_______________________, a Company incorporated under the Indian Companies Act, 1956,
(Act 1 of 1956) having its registered office at ______________________ (hereinafter
referred to as the "Concessionaire" which expression shall unless repugnant to the context or
meaning thereof include its successors, and permitted franchisees, agents, subsidiaries,
stockists, distributors, assignees and substitutes) of the Other Part.
WHEREAS,-
(A) The Government of India (GoI) vide its Gazette Notifications No. GSR 221 (E) (dated
March 28, 2001), S.O. 814 (E) (dated August 22,2001), S.O. 938 (E) (dated
September 24,2001), S.O. 1041 (E) (dated October 16, 2001) and S.O. 499 (E)
(dated May 9, 2002) has made it mandatory for all existing vehicles in India to be
affixed with High Security Registration Plates (hereinafter referred to as HSRP) within
a stipulated timeframe and all new vehicles to be affixed with HSRP at the time of
registration itself and the State Government has decided to implement the
Government of India order by inviting private participation to carry out the various
functions relating to manufacturing, distribution, sale and affixation of High Security
Registration Plates in the State of Haryana;
(B) The State Government had accordingly invited Bids for selecting the Successful
Bidder for establishing and creating complete infrastructure to manufacture and
provide/ fix HSRP to all the vehicles in the State of Haryana in conformity to the
technical parameters contemplated in the above said Government of India
notifications. The successful bidder would, therefore, be required to setup, install,
operate and establish complete infrastructure in all respects as per the conditions
prescribed in the said Bid Documents (hereinafter referred to as the "Project") on
Build Own Operate (BOO) basis subject to and on the terms and conditions contained
in the Bid Documents.
(C) After completing the pre-qualification, the technical evaluation of the Bids and finally
the financial offers of all qualified bidders, the State Government accepted the Bid of
the Concessionaire and declared it to be the Successful Bidder and issued its Letter
of Intent vide No._____ dated______ as per the terms of the Bid Documents. The
Concessionaire, being the successful bidder, was required to submit its performance
security in a form acceptable to the State Government, which has been duly
submitted.
(D) Pursuant to issuance of Letter of Intent (LOI) by the State Government, the parties
hereto are required to enter into a Concession Agreement, to record the terms,
conditions and covenants of the concession for implementing the Project.
(E) Accordingly it is deemed necessary and expedient to enter into this Concession
Agreement (hereinafter referred to as the “agreement”).
NOW, THEREFORE, in consideration of the foregoing and the respective covenants
and agreements set forth in this Agreement, the sufficiency and adequacy of which is hereby
acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
ARTICLE 1
DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this document, unless the context otherwise requires, the following words
and expressions shall, unless repugnant to the context or meaning thereof, have the
meaning hereinafter assigned to them:
(a) “Act” means The Motor Vehicles Act, 1988, as amended upto date;
(b) "Affixing Station" means any unit notified by the State Government or the
Transport Commissioner as an Affixing Station and set up by the
Concessionaire for affixing HSRP to vehicles. The Affixing Station would at
least include among others, the facility to affix HSRP to vehicles with tamper
proof snap lock;
(c) "Agreement" means this Agreement, its recitals, the Schedules hereto and
any amendments thereto made in accordance with the provisions contained
in this Agreement;
(d) "Applicable Laws" means all Laws, including Labour Laws promulgated or
brought into force and effect by Government of India and/or State Government
including regulations and rules made there under and judgments, decrees,
injunctions, writs and orders of any court of record as may be in force and
effect during the subsistence of this Agreement.;
(e) "Applicable Permits" means all clearances, permits, authorizations, no
objection certificates, consents, permissions, licences and approvals etc.
required to be obtained or maintained under Applicable Laws in connection
with the implementation of the Project during the subsistence of this
Agreement;
(f) "Appointed Date" means the date by which the Concessionaire shall have to
start the distribution and affixation of High Security Registration Plates in the
State of Haryana, which would be the date next following the period of three
months from the date of signing of this Agreement;
(g) “Authority” means and include an officer of the Transport Department as
designated by the State Government or any other agency of the State
Government so notified by the State for this purpose;
(h) “Bid” means the complete bidding document submitted by the Bidder to the
Authority or the Department and shall include any corrections, addenda and
modifications made therein;
(i) “Bidder” means a manufacturer or an authorized vendor dealing in High
Security Registration Plates (HSRP), registered as a Company under the
Companies Act, 1956 and having a valid Type Approval Certificate from the
testing agencies authorized by the Central Government under Rule 126 of the
Central Motor Vehicles Rules, 1989, on the date of submission of the bid and
includes a joint venture/consortium, who is eligible to bid as per the provisions
of the bid documents;
(j) "Blanks Manufacturing Unit" means the manufacturing unit or units set up
by the Concessionaire to manufacture blank HSRP and so intimated in writing
to the State Government and shall also include any supply Agreements
entered into with any third parties for the supply of HSRP blanks provided that
the third party supplying such blanks fulfills the “Conformity of Production‟
(CoP) and other regulations of Government of India and the Testing Agencies
authorized under Rule 126 of the Central Motor Vehicles Rules 1989;
(k) "Centralized Online Data Management" means data aggregation,
warehousing and management system to be established and maintained by
the Concessionaire;
(l) “Conformity of Production (COP)” is a procedure of periodic evaluation,
testing and certification as defined and certified by the respective Testing
Agencies;
(m) "Damages" means the damages payable by either Party to the other of them,
as set forth in this Agreement, whether on per diem basis or otherwise, are
mutually agreed pre-estimated loss and damage likely to be suffered and
incurred by the Party entitled to receive the same and are not by way of
penalty or liquidated damages;
(n) “Embossing Station” means any such decentralized unit established by the
Concessionaire for Embossing of the numerals and alphabets on High
Security Registration Plate as per the specifications prescribed in the
Government notifications;
(o) "Force Majeure" or "Force Majeure Event" means an act, event, condition or
occurrence specified in Article 17 of this Agreement;
(p) "Government Notifications" means the Government of India (GoI)
notifications no. GSR 221 (E) (dated March 28, 2001), S.O. 814 (E) (dated
August 22, 2001),S.O. 938 (E) (dated September 24,2001), S.O. 1041 (E)
(dated October 16, 2001) and S.O. 499 (E) (dated May 9. 2002) and such
other notifications with regard to HSRP as brought out by Government of India
from time to time;
(q) "Governmental Agency" means Government of India, State Government
and/or the transport ministry, department, commissioner, or such other
transport authority, as may be notified by Government of India /State
Government having jurisdiction over the Project;
(r) "High Security Registration Plate/s" or "HSRP" means the plate and such
other device affixed to the motor vehicle displaying the registration mark as
specified under rule 50 of the Central Motor Vehicle Rules,1989, as amended
from time to time;
(s) “Performance Security” means the security provided by the Concessionaire
to the State Government as per the terms of the Bid Documents;
(t) "Price" means the price of HSRP that the Concessionaire will charge for the
various types/category of vehicles for the issue and affixing of the HSRP, to
be calculated in accordance with this Agreement;
(u) “Project” means the project to assemble, establish, procure technology,
design, develop, produce, emboss, affix and distribute the HSRP in the State
of Haryana and finance, maintain and operate the infrastructure, formalities,
services and establishment so created at the risk of the Concessionaire and
site implementation and networking within the State, with centralized blank
manufacturing unit within the territory of India;
(v) “Receivables” means the Fees and Charges collected and appropriated
under this Agreement, the insurance proceeds received and any amounts
received by Concessionaire as a result of indemnity claims hereunder;
(w) "Registering Authority" means and include the authorities as defined in
Section 2 (37) of the said Act;
(x) "Registration Mark” means the marks as defined in the rules 50 and 51 of the
Central Motor Vehicle Rules, 1989 and other Government notifications;
(y) "Registration Premises" means the premises of Registering Authority
including any premises so designated by the Registering Authority for the
purpose of embossing, hot stamping, preparation, affixing and/or fitment of
HSRP;
(z) “Replacement Price” means the amount charged by Concessionaire for the
replacement of a defaced or damaged HSRP or individual HSRP components,
such as Front Plate, Rear Plate, 3rd Registration plate sticker, or Snap Lock,
either individually or collectively;
(aa) “Royalty” shall mean a periodic payment made by the Concessionaire to the
State Government as a percentage of his revenue collection from sale of high
security registration plates as per the provisions of this Agreement;
(ab) "Specifications and Standards" means the specifications and standards laid
down by the Government of India in Motor Vehicles (New High Security
Registration Plates) Order 2001 and Government Notifications, as amended
and updated from time to time;
(ac) “State Government” means the Government of Haryana in the
Department of Transport;
(ad) "Successful Bidder" means ----------------, the bidder invited by State
Government to enter into this Agreement;
(ae) "Type Approval Certificate" means the approval accorded to the
Concessionaire by the Testing Agencies authorized by the Central
Government under rule 126 of the Central Motor Vehicles Rules, 1989;
(af) ‘‘Testing Agencies” means such Institutes/Agencies which are authorized to
test the High Security Registration Plates and grant the Type Approval and
Certificate of Conformity of Production (CoP).
All terms not defined above but defined in the Request For Proposal (RFP)
document shall have the same meaning as assigned to them in the Request For
Proposal (RFP) document.
1.2 Interpretation 1.2.1 In this agreement, unless the context otherwise requires,
(a) references to a statutory provision shall include such provision, as is from time
to time modified or re-enacted or consolidated so far as such modification or
re-enactment or consolidation applies or is capable of applying to any
transactions entered into hereunder;
(b) references to Indian Law shall include the Laws, Acts, Ordinances, Rules,
Regulations, Bye Laws or notifications, which have the force of law in any
State or Union Territory forming part of the Union of India;
(c) the words importing singular shall include plural and vice versa, and words
denoting a natural person shall be construed as a reference to any individual,
firm, company, joint venture, corporation or other entity, and shall include
successors and assigns;
(d) the table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect,
the construction or interpretation of this Agreement;
(e) terms and words beginning with capital letters and defined in this Agreement
shall have the meaning ascribed thereto herein and the terms and words
defined in the Schedules and used therein shall have the meaning ascribed
thereto in the Schedules;
(f) the words "include" and "including" are to be construed without limitation;
(g) any reference to any period of time shall mean a reference to that according to
Indian Standard Time;
(h) any reference to day shall mean a reference to a calendar day;
(i) any reference to month shall mean a reference to a calendar month;
(j) the Schedules to this Agreement form an integral part of this Agreement and
will be in full force and effect as though they were expressly set out in the
body of this Agreement;
(k) any reference at any time to any Agreement, deed, instrument, licence or
document of any description shall be construed as reference to that
Agreement, deed, instrument, licence or other document as amended, varied,
supplemented, modified or suspended at the time of such reference provided
that this clause shall not operate so as to increase liabilities or obligations of
State Government hereunder or pursuant hereto in any manner whatsoever;
(l) references to recitals, articles, clauses, sub-clauses, paragraphs or schedules
in this Agreement shall, except where the context otherwise requires, be
deemed to be references to recitals, articles, clauses, sub-clauses,
paragraphs and schedules of this Agreement;
(m) any Agreement, consent, approval, authorization, notice, communication,
information or report required under or pursuant to this Agreement from or by
any Party shall be valid and effectual only if it is in writing under the hands of
duly authorized representative of such Party as the case may be, in this behalf
and not otherwise;
(n) any reference to any period commencing "from" a specified day or date and
"till" or "until" a specified day or date shall include both such days and dates;
and
(o) references to any gender shall include the other and the neutral gender.
1.2.2 Unless expressly provided otherwise in this Agreement, any documentation
required to be provided or furnished by the Concessionaire to the State Government
shall be provided free of cost and at least in three copies, and if State Government
are required to return any such documentation with their comments and/or approval,
they shall be entitled to retain two copies thereof.
1.3 Discrepancies In case of ambiguities or discrepancies within this Agreement, the following
shall apply:
(a) between two or more Clauses of this Agreement, the provisions of a specific
clause relevant to the issue under consideration shall prevail over those in
other Clauses;
(b) between the Clauses of this Agreement and the Schedule, the Clauses shall
prevail; and
(c) between any value written in numerals and that in words, the latter shall
prevail.
Part II The Concession
ARTICLE 2 SCOPE OF THE PROJECT 2.1 Scope of the Project
The Scope of the Project shall mean and include, during the Concession Period,-
(a) performance and execution by the Concessionaire to assemble, establish,
procure technology, design, develop, produce, emboss, affix and distribute the
High Security Registration Plates in the State of Haryana and finance,
maintain and operate the infrastructure, facilities, services and establishment
so created at his own risk and bear all costs involved in establishing
embossing stations, affixing stations, site implementation and networking
within the State, with centralized blank manufacturing unit within the territory
of India, in accordance with this Agreement and Schedule A;
(b) providing online software implementation and transfer of data asset including
technology up-gradation required during the Concession Period, if any, by the
Concessionaire; and
(c) performance and fulfillment of all other obligations of Concessionaire in
accordance with the provisions of this Agreement and matters incidental
thereto or necessary for the performance of any or all of the obligations of the
Concessionaire under this Agreement.
ARTICLE 3
GRANT OF CONCESSION
3.1 The Concession 3.1.1 Subject to and in accordance with the terms and conditions set forth in this
Agreement, State Government hereby grants to the Concessionaire the Concession
set forth herein including the exclusive right, licence and authority during the
subsistence of this Agreement to implement the Project (the “Concession’) for a
period of 10 (ten) years commencing from the date of signing of this Agreement, and
the Concessionaire hereby accepts the Concession and agrees to implement the
Project subject to and in accordance with the terms and conditions set forth herein.
3.1.2 Subject to and in accordance with the terms and conditions set forth in this
Agreement, the Concession hereby granted shall oblige the Concessionaire to
undertake the following in accordance with the provisions of this Agreement, the
Applicable Laws and the Applicable Permits,-
(a) to assemble, establish, procure technology, design, develop, produce,
emboss, affix and distribute High Security Registration Plates in the State of
Haryana and finance, maintain and operate the infrastructure, formalities,
services and establishment so created at its own risk and bear all costs
involved in establishing Embossing Stations, Affixing stations, site
implementation and networking within the State, with centralized blank
manufacturing unit within the territory of India, for the State of Haryana;
(b) perform and fulfill all of the Concessionaire's obligations under this
Agreement; and
(c) bear and pay all expenses, costs and charges incurred in the fulfillment of all
the Concessionaire's obligations under this Agreement.
ARTICLE 4
CONDITIONS PRECEDENT 4.1 Conditions Precedent 4.1.1 The respective rights and obligations of the Parties under this Agreement shall be
subject to the satisfaction in full of the Conditions Precedent specified in this clause
4.1.
4.1.2 The Conditions Precedent required to be satisfied by the State Government prior to
the Appointed Date shall be deemed to have been fulfilled when the State
Government shall have:
(a) notified the Price and Replacement Price substantially in the form set forth in
Schedule-G; and
(b) provided one room each to the Concessionaire in the premises of the 24
Registering Authorities as per the provisions of RFP, space of one room for
temporary erection of a pre-fabricated kiosk in the offices of remaining
Registering Authorities subject to availability, and in the case of the
Registering Authorities where no space is provided to the Concessionaire,
State Government shall have notified the space arranged by the
Concessionaire at his level as premises of concerned Registering Authorities.
4.1.3 The Conditions Precedent required to be satisfied by the Concessionaire prior to the
Appointed Date shall be deemed to have been fulfilled when the Concessionaire shall
have:
(a) provided Performance Security to the State Government;
(b) obtained all Applicable Permits required to run and operate the manufacturing
unit for High Security Registration Plate in the country and ensure the
production of High Security Registration Plate blanks within the time period
specified in the bid document and set up its manufacturing plant for High
Security Registration Plate Blanks;
(c) obtained all Applicable Permits required to set up the Embossing Stations and
Affixing Stations in the State; and
(d) set up the Embossing Stations and Affixing Stations, in line with the Work
Plan in the form set forth in Schedule-H, in the State and so informed the
State Government.
ARTICLE 5 OBLIGATIONS OF THE CONCESSIONAIRE
5.1 Obligations of the Concessionaire 5.1.1 The Concessionaire shall, at its own cost and expense, in addition to and not in
derogation of its obligations elsewhere set out in this agreement, observe, undertake,
comply with and perform the following,-
(a) provide to the State Government reports on regular basis in the form and
manner set forth in this Agreement and prescribed by the State Government
from time to time;
(b) obtain and maintain in force, on and from the Appointed Date, all insurances
in accordance with the provisions of this agreement;
(c) make reasonable efforts to maintain harmony and good industrial relations
among the personnel employed in connection with the performance of the
Concessionaire's obligations under this Agreement;
(d) comply with all Applicable Permits and Applicable Laws in the performance of
the Concessionaire's obligations under this Agreement;
(e) be responsible for the soundness and durability of the High Security
Registration Plate affixed by it and ensure their compliance with the
Specifications and Standards;
(f) keep valid Type Approval Certificate and Conformity of Production from the
relevant Test Agency;
(g) shall put in place means and systems to address the grievances of the vehicle
Owner, if any;
(h) ensure at all times that the High Security Registration Plate blanks and High
Security Registration Plate, prior to their supply and affixation to the Owners,
are kept in a secure place under its control and supervision and make its own
arrangement for security;
(i) bring to notice of the State Government any theft or pilferage of any High
Security Registration Plate or laser coded High Security Registration Plate
Blanks bearing the Concessionaire's identification mark as provided by the
Test Agencies in any district in the State within a period of two (2) days of
becoming aware of such theft or pilferage. The Concessionaire shall at such
times also undertake immediate remedial steps, including filing suitable police
reports to ensure that such High Security Registration Plate or High Security
Registration Plate Blanks are not misused and can be traced and confiscated.
On receipt of information from the Concessionaire of such theft or pilferage,
State Government would notify delisting of such laser numbers from the
company’s central database and the Concessionaire ensures and assures
that such laser numbers will not be used henceforth for embossing HSRP to
any vehicle. In case of recovery of such blanks at a later date, the same shall
have to be destroyed in the presence of the authorized representative of
State Government; (j) shall issue and affix the HSRP in accordance with Government notifications
and provision of the Act as amended from time to time;
(k) indemnify the State Government against all actions, suits, claims, demands
and proceedings and any loss or damage or cost or expense that may be
suffered by them on account of anything done or omitted to be done by the
Concessionaire in connection with the performance of its obligations under
this Agreement;
(l) in case of replacement of defaced or destroyed HSRP, the old HSRP shall be
preserved by the Concessionaire and will be accounted for and be destroyed
in the presence of a representative of the State Government on a periodic
basis. The laser numbers of such HSRP shall also be notified to the State
Government on a periodic basis and will be accordingly marked in the central
data base;
(m) will provide online software implementation containing inter-alia the
following features,-
i. System should have provision for registering user request (over portal,
phone, helpdesk etc) for affixing High Security Registration Plates.
ii. System should have a workflow based approval mechanism starting
from User raising a request to final sign off by Registering Authority.
The workflow would be finalized in discussion with department during
the execution of the project.
iii. System should have additional features including escalation
framework, status tracking, appointment scheduling.
iv. System should allow users to make online payments & get e-receipts.
v. System should allow dealing clerk/Registration Authority to upload and
save the photo of the vehicle with High Security Registration Plate,
prior to approval/acceptance by the competent authority. The quality
of the camera and photograph should be of sufficient high resolution
acceptable to the department.
vi. System should provide real-time data accessed from integrated and
centralized computing environment/Data centre.
vii. System should generate MIS reports as per requirement of the
departmental officials.
viii. System should have advance communication application interface with
emails and SMS.
ix. System should be updated as per requirements of the department
from time to time.
On completion of the contract or foreclosure/pre-mature termination
of the contract, the Concessionaire shall pass on the IPR and the software along
with the source code and the entire data asset to the Transport Commissioner,
Haryana at zero cost without retaining any data with itself;
(n) shall at its cost, expenses and risk make such financing arrangement as
would be necessary to implement the project to meet all of its obligations
under this contract, in a timely manner;
(o) shall ensure that the Prices of High Security Registration Plates are
prominently displayed in Hindi and English for all types of vehicles at the
project sites for information of vehicle owners;
(p) shall ensure that the personnel engaged by it in the performance of its
obligations under this Agreement are at all times properly trained by their
respective functions; and
(q) shall not do or omit to do any act, deed or thing which may in any manner
be violative of any of the provisions of this Agreement.
ARTICLE 6
OBLIGATIONS OF THE STATE GOVERNMENT 6.1 Obligations of the State Government 6.1.1 The State Government shall comply with and perform all its obligations set out in this
Agreement.
6.1.2 The State Government agrees to observe, comply with and perform, subject to and in
accordance with the provisions of this Agreement and the Applicable Laws, the
following,-
(a) assist the Concessionaire in obtaining Police assistance required, if any, for
traffic regulation, patrolling and provision of security at the Embossing Stations
and the Affixing Stations;
(b) notify the Concessionaire no later than one (1) month prior to the date of start
of operations of a new Registering Authority being set up within the State;
(c) publish the approved Price or the amended Price, as the case may be, as and
when they become applicable in accordance with this Agreement;
(d) provide one room each to the Concessionaire in the premises of the 24
Registering Authorities as per the provisions of Request For Proposal (RFP),
space of one room for temporary erection of a pre-fabricated kiosk in the
offices of remaining Registering Authorities subject to availability, and in the
case of the Registering Authorities where no space is provided to the
Concessionaire, State Government shall notify the space arranged by the
Concessionaire at his level as premises of concerned Registering Authorities;
(e) data relating to issuance of High Security Registration Plate for old Vehicles
shall be provided to the Concessionaire; and
(f) data relating to new Vehicles for issuance of HSRP; like Owners name,
chassis number etc. which is required for the third registration plate shall be
provided by the concerned Registering Authority.
ARTICLE 7
REPRESENTATIONS AND WARRANTIES 7.1 Representations and Warranties of the Concessionaire
The Concessionaire represents and warrants to the State Government that,-
(a) it is a duly incorporated validly existing Company under the laws of India;
(b) it has full power and authority to execute, deliver and perform its obligations
under this Agreement and to carry out the transactions contemplated hereby;
(c) it has taken all necessary corporate and other action under Applicable Laws
and Applicable Permits, if any, and documents regarding its formation and
constitution authorize the execution, delivery and performance of this
Agreement;
(d) it has the financial standing and capacity to undertake the Project;
(e) this Agreement constitutes a legal, valid and binding obligation enforceable
against it in accordance with the terms hereof;
(f) the Concessionaire was and is duly incorporated as a Company and existing
under the laws of India and has full power and authority to consent to, and has
validly consented to and requested the State Government to enter into this
Agreement pursuant to the Letter of Intent (LOI) and has agreed to and
unconditionally accepted the terms and conditions set forth in this Agreement;
(g) no representation or warranty by the Concessionaire contained herein or in
any other document furnished by it to the State Government or to any
Governmental Agency in relation to Applicable Permits contains or will contain
any untrue statement of material fact or omits or will omit to state a material
fact necessary to make such representation or warranty not misleading; and
(h) it warrants that no sums in cash or kind have been paid or will be paid, except
as contemplated in this Agreement, by or on its behalf to any person by way of
Price, commission or otherwise for securing the Agreement or entering into
this Agreement or for influencing or attempting to influence any officer or
employee of the State Government and GoI in connection therewith.
7.2 Representations and Warranties of State Government.
The State Government represents and warrants to the Concessionaire that,-
(a) the State Government has full power and authority to execute, deliver and
perform its obligations under this Agreement and to carry out the transactions
contemplated hereby;
(b) the Government has taken all necessary action and complied with all
necessary internal procedures to authorize the execution, delivery and
performance of this Agreement; and
(c) this agreement constitutes a legal, valid and binding obligation enforceable
against it in accordance with the terms hereof.
7.3 Disclosure
In the event that any occurrence or circumstance comes to the attention of
either Party that renders any of its aforesaid representations or warranty untrue or
incorrect, such Party shall immediately notify the other Party of the same. Such
notification shall not have the effect of remedying any breach of the representation or
warranty that has been found to be untrue or incorrect nor shall it adversely affect or
waive any obligation of either Party under this Agreement.
ARTICLE 8
DISCLAIMER 8.1 Disclaimer
8.1.1 The Concessionaire acknowledges that prior to the execution of this
Agreement, the Concessionaire has, after a complete and careful examination, made
an independent evaluation of the Tender Notice, RFP document, Draft Concession
Agreement, Scope of the Project, Specifications and Standards, local conditions,
vehicle population in the State and all other information provided by the State
Government or obtained procured otherwise, and has determined to its satisfaction
the accuracy or otherwise thereof and nature and extent of difficulties, risks and
hazards as are likely to arise or may be faced in the course of performance of its
obligations hereunder; and
8.1.2 The Concessionaire acknowledges and hereby accepts the risk of
inadequacy, mistake or error in or relating to any of the matters set forth in Clause
8.1.1 above and hereby acknowledges and agrees that the State Government shall
not be liable for the same whatsoever to the Concessionaire.
PART III Project establishment and Operations
ARTICLE 9 PERFORMANCE SECURITY
9.1 Performance Security
The Concessionaire shall, for due and faithful performance of its obligations
under this Agreement, provide to the State Government an irrevocable and
unconditional guarantee from a Scheduled Bank for a sum equivalent to Rs. 4.00
crore (Rupees Four crore) in the form set forth in Schedule B or banker‟s
cheque/bank draft/fixed deposit receipt drawn in favour of Transport Commissioner,
Haryana.
9.2 Forfeiture of Performance Security The performance security shall be forfeited and encashed if the
Concessionaire withdraws from the project mid way during the project term or due to
any other act or acts of the Concessionaire which renders the project unoperational,
event of default on the part of Concessionaire or where the State Government
establishes sufficient reasons to forfeit the performance security.
9.3 Release of Performance Security
State Government shall release the Performance Security to the
Concessionaire within a period of 90 (ninety) days from the date of expiry of the
Concession Period provided that the Concessionaire is not in default in due and
faithful performance of its obligations under this Agreement and after the whole data
has been handed over without retaining any copy thereof.
ARTICLE 10
ESTABLISHMENT OF EMBOSSING AND AFFIXING STATIONS
10.1 Embossing stations The Concessionaire hereby agrees to observe, comply and perform the
following,-
(a). ensure that Embossing stations are established in line with the work plan. In
case, for whatsoever reason, an Embossing Station has to be relocated, either
temporarily or permanently, the Concessionaire shall inform the State
Government the complete details and particulars of each such Embossing
Station. Provided that in case of Registration Authorities where the vehicle
population is too low, the Concessionaire may be allowed by the State
Government to set up data entry terminals and affixing stations within that
Registering Authority premises and will emboss and hot-stamp the HSRP at
Embossing Stations located at other Registering Authorities and will, at his
own risk and cost, get the HSRP delivered to the specified Affixing Station
within this time for affixing in the presence of a representative of the
Registering Authority; (b). appoint and place its authorized personnel or representatives for the various
functions designated to be carried out at the Embossing Stations, and inform
the State Government about the name, father’s name and permanent address
along with copy of proof of identity of such personnel;
(c). shall make suitable arrangements for security of Embossing Stations and all
the goods and personnel therein including inter alia coordinating and
registering with the local police station in whose jurisdiction the relevant
Embossing Station is located. The High Security Registration Plate in-process,
High Security Registration Plate and all material and equipment required to
emboss, hot-stamp, complete and affix the High Security Registration Plate
shall be placed in a secured place and shall be made accessible only to
persons specifically authorized in this regard. The complete list of authorized
persons allowed access to this area shall be kept informed to State
Government on an ongoing basis. The Concessionaire shall provide photo
identity cards to the authorized personnel employed at each Embossing
Station and cause them to compulsorily wear such photo identity cards at all
times within the premises of the Embossing Stations. The Concessionaire
shall ensure that no unauthorized person shall be allowed access to any part
of the Embossing Stations;
(d). shall at all times keep State Government informed of details including contact
details of managers and/or supervisors appointed at each of the Embossing
Stations;
(e). shall not carry out embossing of any High Security Registration Plate to be
affixed in the State of Haryana at any place other than the Embossing
Stations;
(f). shall not shift or close any Embossing Station without written permission of
State Government except for temporary shifting for emergency reasons as
described in Clause 10.1.(a), the Concessionaire shall give a notice along with
sufficient details so as to be received by State Government not later than forty
five (45) days prior to proposed date of such shifting, closure, addition or
modification, as the case may be, and request a Notification of location. State
Government shall provide its comments and observations or pass the required
Notification within a period of twenty one (21) days of receipt of such notice.
Notwithstanding any comments or observations and or Notification, the State
Government shall not be liable for the same in any manner whatsoever and
the Concessionaire shall remain solely responsible for and shall not be
relieved or absolved in any manner whatsoever of its obligation, duties and
liabilities as set forth in this Agreement. Provided that the repairs, replacement
or modification of the equipment in the Embossing Station which may be
required from time to time for completing the Concessionaire’s obligations
under this agreement, or the expansion or reduction of capacity, shall not
have to be notified under this clause;
(g). provide to State Government all information as may be required from time to
time, in a timely and efficient manner; and
(h). ensure that the embossed HSRP are transported from the Embossing Station
to the Affixing Station in a secure and safe manner.
10.2 AFFIXING STATIONS
The Concessionaire hereby agrees to observe, comply and perform the
following,-
(a) to setup the Affixing Station within the Registering Authority’s premises or at
such other place arranged by the Concessionaire at his level and cost where
no space is provided by the State Government to the Concessionaire and
provide sufficient details of the setup and facilities therein, not later than one
(1) week prior to the proposed date of start of operations of the Affixing
Station. The State Government shall provide one room each to the
Concessionaire in the premises of the 24 Registering Authorities as per the
provisions of RFP, space of one room for temporary erection of a pre-
fabricated kiosk in the offices of remaining Registering Authorities subject to
availability, and in the case of the Registering Authorities where no space is
provided to the Concessionaire, State Government shall notify the space
arranged by the Concessionaire at his level and cost, as premises of
concerned Registering Authorities;
(b) in case of a change authorized by the State Government, inform State
Government on an ongoing basis, of the complete contact details and
particulars of each such Affixing Station, including the detailed staffing pattern;
(c) make suitable arrangements for security of Affixing Stations and all goods and
its personnel for matters relating to affixation of High Security Registration
Plate in the Affixing Stations. These security arrangements may include inter
alia coordinating and registering with the local police station in whose
jurisdiction the relevant Affixing Station is located. The High Security
Registration Plate and replaced registration plates before they are destroyed
shall be kept segregated from each other and from other equipment or
material and placed in a secure place and shall be made accessible only to
persons specifically authorized in this regard. The complete list of authorized
persons to access this area shall be kept informed to State Government on an
ongoing basis. The Concessionaire shall provide photo identity cards to the
authorized personnel employed at each Affixing Station and cause them to
compulsorily wear such photo identity cards at all times within the premises of
the Affixing Stations. The Concessionaire shall ensure that no unauthorized
person shall be allowed access to any part of the Affixing Station. The
Concessionaire shall designate and clearly mark the areas in the Affixing
Station where Owners shall be allowed access for the purpose of affixing High
Security Registration Plate and all matters related or incidental thereto;
(d) shall not carry out the affixation of High Security Registration Plate in any
place other than the Registration Authority’s premises duly notified by State
Government for this purpose;
(e) provide to State Government all information as may be required from time to
time, in a timely and efficient manner;
(f) keep the Affixing Stations open at least on all the days that the relevant
Registering Authority is working and operate the Affixing Stations at least at all
times that the Registering Authority is functioning; and
(g) shall bear the cost of replacing any HSRP damaged during affixation to the
motor vehicle at the Affixing Stations;
10.3 FINANCING 10.3.1 The Concessionaire may obtain financing for the Project in the form of debt,
from domestic or foreign sources, or direct borrowings or investment from
banks, lending institutions, mutual funds, insurance companies, pension
funds, provident funds and companies, and/or in the form of equity from
friends, associates, private placements with institutions or other investing
organizations or funds, public issues, or such other sources as it may deem
necessary, may enter into legal agreements or other arrangements of any kind
as it deems fit.
10.3.2 The State Government hereby recognizes the right of the Concessionaire to
mortgage, charge, assign or otherwise encumber the raw material, machinery,
other hardware and/or the receivables and to assign its rights under this
Agreement in favour of the Lenders in accordance with the terms of the
Agreements signed; provided that any such assignment shall not be
prejudicial to the interests of the State Government.
10.4 DELAYS IN THE PERFORMANCE
The Concessionaire shall perform his obligations in accordance with the time
schedule as specified in the RFP document. A delay by the Concessionaire in
the performance of its obligations shall render the Concessionaire liable to any
or all of the following sanctions:
(a) Forfeiture of its performance security;
(b) Imposition of Liquidated Damages; and/or
(c) Termination of the Contract for default.
10.5 SERVICE LEVEL AND PENALITY CHARGES
10.5.1 Start of work
10.5.1.1 The Concessionaire shall ensure that, after signing of the agreement, the
requisite infrastructure is made ready and the actual affixing of HSRP is
started within three months from the date of signing of this Agreement. In
case of delay in this regard, penalty @ Rs. 5,000/- per day per
destination/Registering Authority shall be paid by the Concessionaire. The
rate of penalty shall be Rs.10,000/- per day per destination/Registering
Authority after 30 days and Rs.15,000/- per day per destination/Registering
Authority after 120 days.
10.5.1.2 In case the work of affixation of High Security Registration Plates is not started
in at least 75% of the Registering Authorities within a period of 4 months, the
contract shall be terminated.
10.5.1.3 No Termination Payment shall be made by the State Government to the
Concessionaire in the event of such Termination.
10.5.2 Time allowed for affixing 10.5.2.1 The Concessionaire shall keep the HSRP fully embossed, hot stamped and
ready for affixation at the respective Affixing Station within four days from the
date of receipt of authorization from the Registering Authority in the form set
forth in Schedule-I or as decided by the State Government from time to time,
and the receipt of price from the vehicle owner. The affixation will be done on
the day and date fixed for the Owner to bring the vehicle for affixation, which
date shall not be more than 4 (four) days after the deposit of price. In case the
vehicle owner deputes another person for getting the High Security
Registration Plate affixed on the vehicle, such other person shall be duly
authorized by the vehicle owner in the form set forth in Schedule-J or as
decided by the State Government from time to time.
10.5.2.2 If the High Security Registration Plate is not affixed by the Concessionaire
within 4 (four) days (excluding Sundays and Gazetted holidays) of receipt of
authorization from Registering Authority and depositing the price by the
vehicle owner, then a rebate @ Rs.50/- (Rs. fifty) per day of delay per vehicle
upto 7 (seven) days and thereafter @ Rs.75/- (Rs. seventy five ) per day per
vehicle shall be given by the Concessionaire to the vehicle owner. The
amount thus worked out shall be refunded/paid to the vehicle owner by the
Concessionaire.
10.6 QUALITY ASSURANCE
10.6.1 The Concessionaire shall follow the conformity of production requirements as
per Government notification. In addition, the State Government or its
representative will have the liberty to select a sample and send it for quality
verification to an authorized test agency/ laboratory. In case the sample fails
to meet the required standards, the State Government shall be at liberty to
impose a penalty on the Concessionaire which shall not be less than
Rs.50,000/- and which may extend to Rs.1,00,000/- on each occasion, after
giving an opportunity of hearing to the Concessionaire.
10.6.2 In case any High Security Registration Plate is found to be defective or not
conforming to the prescribed specifications, the Concessionaire shall have to
replace it with a new security plate free of cost. If at any point of time, more
than 5% the High Security Registration Plates of the total number of High
Security Registration Plates supplied by that time are found to be defective/of
poor quality/not confirming to the specifications, the Contract will be
terminated, Performance Security will be forfeited & the Concessionaire will be
debarred, after giving an opportunity of hearing to the Concessionaire.
ARTICLE 11
MONITORING AND SUPERVISION 11.1 General
11.1.1 The reporting and record requirements spelt out hereunder have been
provided in terms of the type of information required. The State Government
will determine the form and format of such reports and record requirements.
The language of all reports and records shall be English.
11.1.2 The Concessionaire shall aggregate and maintain complete data of all High
Security Registration Plates issued as decided by the State Government from
time to time and for that purpose, the Registering Authority shall, while issuing
the Affixing Order, provide to the Concessionaire all necessary data as to the
Details of the Vehicle, its engine number, chassis number, and other details
as may be decided by the State Government.
11.1.3 The Concessionaire shall undertake monthly comparison of its data
warehouse with the corresponding data of the Registering Authority and rectify
and bring to the notice of Transport Department any discrepancies.
11.2 Reporting Requirements
11.2.1 The Concessionaire shall prepare and submit to the State Government,
following information during the Concession Period:
(a) A detailed work plan supported by a PERT chart for completion of all activities
involved in fulfilling Conditions Precedent in this Agreement, to be submitted
within one week from the date of signing of this Agreement.
(b) List of employees at each Embossing and Affixing Station with respective
designations two days prior to the Appointed Date.
(c) Address, telephone numbers, fax numbers and e-mail addresses of all
Embossing and Affixing Stations.
11.2.2 The Concessionaire shall furnish to the concerned Registering Authority
periodical reports, in the forms set forth in Schedule C to F, as per details below,-
(a) a daily report on the following day in form set forth in Schedule C.
(b) a monthly report to be submitted within 7 days of completion of each calendar
month in form set forth in Schedule D.
(c) a monthly report to be submitted within 7 days of completion of each calendar
month in form set forth in Schedule E.
(d) a monthly report to be submitted within 7 days of completion of each calendar
month in form set forth in Schedule F.
(e) any other report/information as decided by the State Government from time to
time.
11.3 Inspection
State Government reserves the right to inspect the High Security Registration
Plate Blank Manufacturing Unit, Embossing Stations and Affixing Stations
acting through its own officers at any time with or without prior intimation for a
review of its functions and practices and the compliance by the
Concessionaire with its obligations under this Agreement. The Concessionaire
shall provide all assistance to State Government in carrying out such
inspection and make available to State Government all records as may be
requested by State Government.
11.4 Tests
The State Government may engage any approved testing agency, as it may
deem fit from time to time, which will conduct periodical
checking/evaluation/testing and certification of the High Security Registration
Plates on regular and random basis both at the manufacturing facility and
embossing/affixing stations and on the roads, in order to verify their quality
and performance. All actual costs incurred for the purpose may be, at the
discretion of the State Government, levied on the Concessionaire maximum
up to 1 % of the total amount collected on sale of High Security Registration
Plates from the vehicle owners.
ARTICLE 12
SAFETY REQUIREMENTS
12.1 Safety Requirements
The Concessionaire shall comply with the provisions of this Agreement,
Applicable Laws and Applicable Permits and confirm to Good Industry
Practice for securing the safety of the work force deployed by him and all
others. All costs and expenses arising out of or relating to Safety
Requirements shall be borne by the Concessionaire.
Part IV Financial Covenants
ARTICLE 13 PRICE 13.1 Price
13.1.1 In consideration of the Services rendered by the Concessionaire under the
Contract, the State Government shall authorize the Concessionaire to charge
and recover an amount (the “Price”), on the basis of rates accepted by the
State Government, from vehicle owners for supplying and affixing High
Security Registration Plates. The Price shall mean the Base Price (i.e. Price
excluding all the taxes, duties and levies) plus all the applicable taxes and
duties.
13.1.2 The Concessionaire shall be liable to pay all the applicable taxes, duties,
cess, statutory and other charges etc. out of the payment received from the
vehicle owners for fixation of the High Security Registration Plate.
13.1.3 The Concessionaire undertakes that the price charged for the High Security
Registration Plate shall not exceed in any way the lowest price at which the
Concessionaire quote for the supply of stores of identical description to
Director General Supplies and Disposals, New Delhi/ any State
Govt./Institution/Undertaking/any other person, during the concession period.
If any time during the concession period, the Concessionaire (including its
joint venture/ consortium partners) reduces the sale price of High Security
Registration Plate to any person than the price chargeable under this
contract, the Concessionaire shall forthwith notify such reduction and inform
the State Government, and the price payable under this agreement for the
High Security Registration Plate supplied after the date of coming into force
of such reduction of the rates shall stand correspondingly reduced to that
level.
13.1.4 The Price to be charged by the Concessionaire for various types of vehicles
for supplying/affixing High Security Registration Plates shall be notified by the
State Government in the form set forth in Schedule-G for the information of
vehicle owners.
13.2 Revision of Price
13.2.1 The Parties hereto acknowledge and agree that the Base Price (i.e. Price
excluding all the taxes, duties and levies) applicable on the date of signing of
this Agreement shall be increased @10% after every three years. The
increase shall be allowed on the Base Price. The first increase in the Base
Price shall be allowed after completion of a period of three years from the date
of signing of this Agreement.
13.2.2 The Concessionaire hereby acknowledges and agrees that it is not entitled to
any revision of Base Price or other relief from the State Government or any
Government agency, except in accordance with the express provisions of this
Agreement.
13.3 Display of Price
The Concessionaire shall ensure that the Prices of High Security
Registration Plates are prominently displayed in Hindi and English for all
types of vehicles at the project sites for information of vehicle owners.
ARTICLE 14 ROYALTY
14.1 Royalty
In consideration of the grant of Concession, the Concessionaire shall pay to
the State Government by way of royalty a sum equivalent to 5% of the amount
collected by the Concessionaire on sale of High Security Registration Plates
from vehicle owners. The Royalty shall be paid on the basis of Price of High
Security Registration Plate excluding the local sales tax, VAT etc.
14.2 Mode of Payment
14.2.1 The Concessionaire shall open and establish an Escrow Account with an
Escrow Bank, and shall deposit or cause to be deposited all the amounts
collected from the vehicle owners by way of sale of High Security Registration
Plates into the Escrow Account on daily basis. The amount of Royalty due to
the State Government shall be transferred to the Account of the State
Government on weekly basis and the State Government shall have the first
charge in this regard. The Agreement with the Escrow Bank shall be made by
the Concessionaire as per the terms and conditions set forth in the
Agreements applicable in PPP Projects in Haryana.
14.2.2 The State Government may also prescribe any other mode/procedure for
payment of Royalty by the Concessionaire.
14.2.3 The State Government shall have the discretion to provide the mechanism of
payment through Gateway also depending upon the stage of computerization.
14.3 Verification of Royalty
The Authority may, in order to satisfy itself that the Concessionaire is reporting
the amount collected by sale of High Security Registration Plates honestly and
faithfully, depute its representative(s) to the premises of the Concessionaire
and undertake such other measures and actions as it may deemed necessary,
to ascertain the actual collections by sale of High Security Registration Plates
by conducting audit.
ARTICLE 15
INSURANCE 15.1 Insurance during Concession Period
The Concessionaire shall effect and maintain, or cause to be effected and
maintained, at no cost to State Government, during the validity of this
Agreement such insurances up to such maximum sums as may be required
under and in accordance with Applicable Laws including insurance of data
against theft, destruction, insurance against loss to the Government property
provided to the Concessionaire for use during the contract period, due to any
reason, and such insurance as the Concessionaire may consider necessary or
desirable in accordance with Good Business Practice, including third party
insurances. The Concessionaire shall by notice furnish to the State
Government, in reasonable detail, information in respect of the Insurances.
ARTICLE 16
ACCOUNTS AND AUDIT
16.1 Maintenance of Accounts and Audit
The Concessionaire shall issue a valid receipt to the vehicle owner for the
amount received by sale of High Security Registration Plates and maintain
proper and full record of receipts and issue of High Security Registration
Plates. The Concessionaire shall maintain books of accounts recording all its
receipts in an appropriate manner which shall be subject to audit and
inspection by the State Government or its authorized agency, at such intervals
as it deems appropriate.
Part V Force Majeure and Termination
ARTICLE 17
FORCE MAJEURE 17.1 Force Majeure
17.1.1 The Concessionaire shall not be liable for forfeiture of its Performance
Security, liquidated damages or termination for default, if and to the extent
that, its delay in performance or other failure to perform its obligations under
this agreement is the result of an event of Force Majeure.
17.1.2 For purpose of this Clause, “Force Majeure” means an event beyond the
reasonable control of the Concessionaire and not involving any fault or
negligence and not foreseeable. Such events may include wars or revolution,
riots, strikes, lockouts, fires, floods, epidemics, acts of God, cyclones,
earthquakes, lightning, volcanic eruptions, chemical or radioactive
contamination, storm, hurricane, acts of terrorism, civil commotion etc. but
does not include failure of electricity or printing system as a cause beyond
control.
17.1.3 If a Force Majeure situation arises, the Concessionaire shall promptly notify
the State Government in writing of such conditions and the cause thereof.
Unless otherwise directed by the State Government in writing, the
Concessionaire shall continue to perform its obligations under the contract
as far as is reasonably practical, and shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event.
17.1.4 Effect of Force Majeure Event
Upon the occurrence of any Force Majeure Event, the following shall apply:
(a) there shall be no termination;
(b) the Parties shall bear their respective costs and no Party shall be required
to pay to the other Party any costs arising out of such Force Majeure
Event; and
(c) the period of this agreement shall be extended by such loss of period
suffered by the Concessionaire due to Force Majeure Event which
prevented lawful performance of the contract.
Provided that the State Government may terminate this contract, by
giving a written notice of minimum 30 days to the Concessionaire, if as a
result of Force Majeure, the Concessionaire is unable to perform a
material portion of the services for a period of more than 60 days. No
Termination Payment shall be made by the State Government to the
Concessionaire in the event of such Termination.
17.1.5 Liability for other losses, damages etc.
Save and except as expressly provided in this Article 17, neither Party hereto
shall be liable in any manner whatsoever to the other Party in respect of any
loss, damage, cost, expense, claims, demands and proceedings relating to or
arising out of occurrence or existence of any Force Majeure Event or exercise
of any right pursuant to this Article 17.
17.1.6 Excuse from performance of obligations
If the affected Party is rendered wholly or partially unable to perform its
obligations under this Agreement because of a Force Majeure Event, it shall
be excused from performance of such of its obligations to the extent it is
unable to perform on account of such Force Majeure Event provided that,-
(a) the suspension of performance shall be of no greater scope and of no
longer duration than is reasonably required by the Force Majeure
Event;
(b) the affected Party shall make all reasonable efforts to mitigate or limit
damage to the other Party arising out of or as a result of the
existence or occurrence of such Force Majeure Event and to cure
the same with due diligence; and
(c) when the affected Party is able to resume performance of its
obligations under this Agreement, it shall give to the other Party
written notice to that effect and shall promptly resume performance of
its obligations hereunder.
ARTICLE 18 SUSPENSION OF CONCESSIONAIRE’S RIGHTS
18.1 Suspension of Concessionaire’s Rights
18.1.1 If the Concessionaire shall be in material breach of this Agreement, State
Government shall be entitled in its sole discretion and without prejudice to its
other rights and remedies under this Agreement including its right of
Termination hereunder, to:
(a) suspend all or any of the rights of the Concessionaire under this
Agreement including the Concessionaire's right to collect Price for
affixing such High Security Registration Plates by a written notice of
suspension to the Concessionaire, and
(b) exercise the rights of the Concessionaire under this Agreement itself or
authorize any other person to exercise the same during such
suspension:
Provided that such notice of suspension shall not be issued unless a
prior written notice of intention to suspend has been given to the
Concessionaire which notice of intention to suspend,-
(i) shall specify the nature of the failure; and
(ii) shall request the Concessionaire to remedy such failure within a
specified period from the date of receipt of such notice of intention
to suspend by the Concessionaire. The specified period shall
ordinarily be 30 (thirty) days or more, and in no case, be less than
15 (fifteen) days.
18.1.2 The suspension of the rights of the Concessionaire by State Government
shall be revoked by State Government forthwith upon the Concessionaire
having remedied the material breach during such suspension period to the
satisfaction of State Government.
18.1.3 The suspension of the rights of the Concessionaire by the State Government
shall not absolve the Concessionaire from its obligations set forth in this
agreement.
ARTICLE 19 TERMINATION
19.1 The State Government shall have the right to cancel the agreement if the
Concessionaire causes any material breach of any or all conditions or any material
breach of the Contract. Material breach of contract includes, but is not limited to the
following:
(a) failure of the Concessionaire to correct such defects/irregularity within a
reasonable period of time pursuant to the notice received from the Transport
Commissioner, Haryana, Chandigarh. If defects/irregularities are noticed
repeatedly or there are repeated complaints against the Concessionaire, the
Transport Commissioner shall have the right to terminate the contract and forfeit
the Performance Security;
(b) upon the Concessionaire being knowingly or intentionally involved in distribution
of duplicate High Security Registration Plates without authority letter from the
Registering Authority and/or are leaking the security features;
(c) failure of the Concessionaire to submit valid Certificate of “Conformity of
Production” periodically as per the guidelines of the approved Test Agency, to the
State Government;
(d) any document submitted by the Concessionaire as part of the bid is found to be
incorrect/ not authentic;
(e) in case there are complaints of overcharging/poor quality of High Security
Registration Plates.
19.1.1 In the event of termination, for any reason, State Government shall impose
penalty and reserves the right to ask the Concessionaire to continue till alternative
arrangements are made and also reserves the right to enter into contract with any
one as deemed fit by the State Government. The Concessionaire would handover
reports and databases maintained to the State Government for continuity of
operations. In no case, such data/ information maintained by the Concessionaire
shall be exploited or sold to third party for any gain or otherwise.
19.1.2 In case of material breach of the contract by the Concessionaire for any of the
above reasons, the State Government shall have the right to terminate the
contract and forfeit the Performance Security.
19.1.3 The contract can be terminated/short closed by the State Government due to
changes in Central/State Govt. laws/policies/instructions and/or due to
technological changes.
19.2 Upon Termination of this Agreement for any reason, whatsoever,-
(a) the Concessionaire shall remove all its machinery, equipment, furniture,
fixtures or any other belongings including the computing equipment set up to
establish and maintain the Online Data Warehouse within a period of 30
(thirty) days; and
(b) the Concessionaire and any person claiming through or under the
Concessionaire shall not enter any part of the premises of any Registering
Authority beyond a period of 30 (thirty) days from the date of Termination
Notice.
19.3 Notwithstanding anything to the contrary contained in this Agreement, any
Termination pursuant to the provisions of this Agreement shall be without
prejudice to accrued rights of either Party including its right to claim and recover
money damages and other rights and remedies, which it may have in law or
Agreement. All rights and obligations of either Party under this Agreement shall
survive the termination of this Agreement to the extent such survival is necessary
for giving effect to such rights and obligations.
19.4 The State Government shall be at liberty to appoint any other
manufacturer/vendor to manufacture, sell, distribute or affix high security
registration plates after the completion of the Concession Period specified in this
Agreement.
19.5 On termination the Concessionaire shall,-
(a) pass on IPR and software alongwith the Source Code to Transport
Commissioner, Haryana;
(b) transfer all data asset to Transport Commissioner, Haryana;
(c) hand over the possession of premises provided by the Registering
Authorities to the Concessionaire for affixation of plates on motor
vehicles;
(d) clear all charges for utilities like electricity, water etc. in respect of the
premises provided by the Registering Authorities;
19.6 No Termination Payment shall be made by the State Government to the
Concessionaire in the event of such Termination.
Part VI Other Provisions
ARTICLE 20 ASSIGNMENTS AND CHARGES
20.1 The Concessionaire shall neither create nor permit to subsist any
encumbrance, or otherwise transfer or dispose of all or any of its rights and
benefits under this Agreement except with prior consent in writing of the State
Government, which consent the State Government shall be entitled to decline
without assigning any reason whatsoever. ARTICLE 21
LIABILITY AND INDEMNITY 21.1 Indemnity by the Concessionaire
21.1.1 The Concessionaire will indemnify, defend, save and hold harmless the State
Government and its officers, servants, agents, Government Instrumentalities,
against any and all suits, proceedings, actions, demands and third party
claims for loss, damage, cost and expense of whatever kind and nature
arising out of the design, engineering, manufacture, affixation and use of the
High Security Registration Plates or arising out of a breach by Concessionaire
of any of its obligations under this Agreement.
21.1.2 Without limiting the generality of this Section, the Concessionaire shall fully
indemnify and defend the State Government and its officers, servants, agents,
Government Instrumentalities, from and against any and all loss and damages
arising out of or with respect to: (a) failure of the Concessionaire to comply
with Applicable Laws and Applicable Permits, (b) payments of taxes relating to
the Concessionaire, its suppliers and representatives, without reimbursement
hereunder, or (c) non-payment of amounts due towards materials or services
supplied to the Concessionaire.
21.1.3 Without limiting the generality of the provisions of this Section, the
Concessionaire shall fully indemnify and defend the State Government and its
officers, servants, agents, Government Instrumentalities, from and against any
and all damages which the such State Government and its officers, servants,
agents, Government Instrumentalities, may hereafter suffer, or pay by reason
of any demands, claims, suits or proceedings arising out of claims of
infringement of any domestic or foreign patent rights, Copy rights or other
intellectual property, proprietary or confidentiality rights with respect to any
materials, information, design or process used by the Concessionaire in
performing the Concessionaire's obligations or in any way incorporated in or
related to the Project. If in any such suit, claim or proceedings, a temporary
restraint order or preliminary injunction is granted, the Concessionaire shall
make every reasonable effort, by giving a satisfactory bond or otherwise, to
secure the suspension of the injunction or restraint order. If, in any such suit
claim or proceedings, the Project, or any part, thereof or comprised therein is
held to constitute an infringement and its use is permanently enjoined, the
Concessionaire shall promptly make every reasonable effort to secure for the
State Government a licence, at no cost to the Government, authorizing
continued use of the infringing work. If the Concessionaire is unable to secure
such licence within a reasonable time, the Concessionaire shall, at its own
expense and without impairing the specifications and standards either replace
the affected work, or part, or process thereof with non-infringing work or parts
or process, or modify the same so that it becomes non-infringing.
21.2 Survival on Termination
The provisions of this Article 21 shall survive Termination.
ARTICLE 22 DISPUTE RESOLUTION
22.1 Dispute Resolution
22.1.1 The State Government and the Concessionaire shall make every effort to
resolve amicably by direct informal negotiations, any disagreement or
disputes, arising between them under or in connection with this Agreement.
22.1.2 If after 30 (thirty) days from the commencement of such direct informal
negotiations, the Transport Department, Haryana and the Concessionaire
have been unable to resolve amicably a dispute, either Party may require that
the dispute be referred for resolution to the Government of Haryana through
its Secretary, Transport Department.
22.2 Arbitration
22.2.1 In the case if a dispute or difference arising between the Transport
Department and the Concessionaire relating to any matter arising out of or
connected with this Agreement is not resolved within a period of 15 (fifteen)
days from the date of referring the dispute to Secretary, Transport, Haryana,
such dispute or differences shall be referred to the award of two arbitrators,
one arbitrator to be nominated by the Transport Department and the other to
be nominated by the Concessionaire, or in case of the said arbitrators not
agreeing, then to the award of an umpire to be appointed by the arbitrators in
writing before proceeding with the reference, and in case the arbitrators
cannot agree to the umpire, he may be nominated by the Arbitration Council of
India. The award of the arbitrators, and in the event of their not agreeing, of
the umpire appointed by them or by the Arbitration Council of India shall be
final and binding on the Parties.
22.2.2 The Indian Arbitration and Conciliation Act 1996, (Act 26 of 1996) the rules
made there under and any statutory modification or re-enactments thereof,
shall apply to the arbitration proceedings.
22.2.3 The venue of the arbitration shall be at Chandigarh, and the language of
arbitration proceedings shall be English.
22.2.4 This agreement and the rights and obligations of the Parties shall remain in
full force and effect, pending the award in any arbitration proceeding.
22.2.5 The State Government shall have the right to terminate this agreement by
giving a written notice of termination of minimum 30 (thirty) days, to the
Concessionaire, if the Concessionaire fails to comply with any decision
reached consequent upon arbitration proceedings.
ARTICLE 23
REDRESSAL OF PUBLIC GRIEVANCES
23.1 The Concessionaire shall maintain a register at each of the Affixing Station
and Embossing Station for recording of complaints (the "Complaints Register”)
by any person (the "Complainant”) at any time during the functioning of the
Registering Authority or the Embossing/Affixing Station. The availability of and
access to such Complaints Register shall be prominently displayed by the
Concessionaire at each Affixing Station and Embossing Station so as to bring
it to the attention of all persons availing of the services of the Concessionaire.
23.2 The Complaints Register shall be securely bound and each page of the
Register shall be duly numbered and each complaint recorded therein shall
also be duly numbered. Soon after a complaint is registered, the Complainant
shall be informed of the number of his/her complaint which the complainant
may refer to in any subsequent correspondence or claim. The Complaints
Register shall have appropriate columns including but not limited to the
complaint number, date, name and address of the Complainant, the complaint
and the action taken by the Concessionaire thereon.
23.3 The Concessionaire shall inspect the Complaints Register every alternate day
and take prompt steps to redress the grievances stated in each complaint.
The action so taken by the Concessionaire shall be briefly noted in the 'Action
taken' column of the Complaints Register and a suitable reply shall also be
sent to the Complainant by post under a certificate of posting.
23.4 Within one week following the close of each calendar month, the
Concessionaire shall send to the Transport Commissioner of the State
Government, a true photocopy of such pages of the Complaints Register on
which any entries have been recorded of any Complaint on the
Concessionaire during the course of such month. The Transport
Commissioner may in his/her discretion direct the Concessionaire to take such
further reasonable action as the Transport Commissioner may deem
appropriate for a fair and just redressal of any grievance. Where the Transport
Commissioner is of the opinion that the Complainant is entitled to any further
remedies beyond what have been provided, the Transport Commissioner may
instruct the Concessionaire to provide such remedies which shall be provided
by the Concessionaire.
ARTICLE 24
MISCELLANEOUS 24.1 Governing law and jurisdiction
This agreement shall be construed and interpreted in accordance with and
governed by the laws of India, and the Courts in the State of Haryana shall
have jurisdiction over all matters arising out of or relating to this Agreement. 24.2 Waiver 24.2.1 Waiver by either Party of any default by other Party in the observance and
performance of any provision of or obligations under this Agreement,-
(a) shall not operate or be construed as a waiver of any other or
subsequent default hereof or of other provisions of or obligations under
this Agreement;
(b) shall not be effective unless it is in writing and executed by a duly
authorized representative of the Party; and
(c) shall not affect the validity or enforceability of this Agreement in any
manner.
24.2.2 Neither the failure by either Party to insist on any occasion upon the
performance of the terms, conditions and provisions of this Agreement or any
obligation there under nor time or other indulgence granted by a Party to the
other Party shall be treated or deemed as waiver of such breach or
acceptance of any variation or the relinquishment of any such right hereunder.
24.3 Exclusion of Implied Warranties etc.
This Agreement expressly excludes any warranty, condition or other
undertaking implied by law or by custom or otherwise arising out of any other
Agreement between the Parties or any representation by either Party not
contained in a binding legal Agreement executed by both Parties.
24.4 Survival
Termination shall,-
(a) not relieve the Concessionaire or the State Government, as the case
may be, of any obligation hereunder which expressly or by implication
survive Termination hereof; and
(b) except as otherwise provided in any provision of this Agreement
expressly limiting the liability of either Party, not relieve either Party of
any obligation or liabilities for loss or damaged to the other Party
arising out of, or caused by, acts or omissions of such Party prior to
the effectiveness of such termination or arising out of such termination.
24.5 Entire Agreement This Agreement and the Schedules together constitute a complete and
exclusive statement of the terms of the Agreement between the Parties on the
subject hereof, and no amendment or modification hereto shall be valid and
effective unless such modification or amendment is agreed to in writing by the
Parties and duly executed by persons especially empowered in this behalf by
the respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Agreement are abrogated and
withdrawn.
24.6 Severability
If for any reason whatsoever any provision of this agreement is, or becomes
invalid, illegal or un-enforceable or is declared by any court of competent
jurisdiction or any other instrumentality to be invalid, illegal or un-enforceable,
the validity, legality or enforceability of the remaining provisions shall not be
affected in any manner, and the Party shall negotiate in good faith with a view
to agreeing upon one or more provisions which may be substituted for such
invalid, illegal or un-enforceable provision as nearly as is practicable provided
failure to agree upon any such provisions shall not be subject to the dispute
resolution under this agreement or otherwise.
24.7 No Partnership
Nothing contained in this Agreement shall be construed or interpreted as
constituting a partnership between the Parties. Neither Party shall have any
authority to bind the other in any manner whatsoever.
24.8 Successors and Assigns This Agreement shall be binding upon the Parties and their respective
successors and permitted assigns.
24.9 Environmental compliance
The Concessionaire shall ensure that all aspects of the project facility during
the concession period and processes employed in the construction, operation
and maintenance thereof shall conform to the laws pertaining to environment,
health and safety aspects including policies and guidelines related thereto.
24.10 Erection of sign board
The Concessionaire shall erect a sign board, and maintain in good condition
through out the concession period, of a size not less than two feet x four feet,
adjacent to the main entrance to the project sites, where applicable, in a
manner such that it is ordinarily visible to any person using such entrance.
The sign board shall prominently be display the following text in black colour
on a white background:-
“This property belongs to Government of Haryana and has been handed over
to _____ (Name of the Concessionaire) for setting up a facility for High
Security Registration Plates from ______ (appointed date) to _______
(termination date)”.
24.11 Advertisement/hoardings
The Concessionaire shall not permit/allow advertisement/hoardings or other
commercial activity in the project sites.
24.12 Ownership
Without prejudice and subject to the concession, the ownership of the project
sites, where-ever made available by the State Government to the
Concessionaire, including all improvements made therein by the
Concessionaire shall at all time remain that of Government of Haryana.
24.13 Others
(a) The Concessionaire alone shall be responsible towards its employees for all
types of claims arising out of the employment and in case the Government
suffers any loss, then the Concessionaire shall indemnify qua the same. There
shall not be any relationship between the Government and the employees of
the Concessionaire.
(b) All the matters/terms and conditions not covered in this agreement but included
in the RFP document shall be deemed to part of this Agreement.
24.14 Completion of Contract On completion of the contract, the Concessionaire shall,-
(a) pass on IPR and software alongwith the Source Code to Transport
Commissioner, Haryana;
(b) transfer all data asset to Transport Commissioner, Haryana;
(c) hand over the possession of premises provided by the Registering Authorities
to the Concessionaire for affixation of plates on motor vehicles;
(d) clear all charges for utilities like electricity, water etc. in respect of the
premises provided by the Registering Authorities.
24.15 Notices
Any payment, notice or other communication to be given by one Party to the
other under or in connection with the matters contemplated by this Agreement
shall be in writing and shall
(i) In the case of the Concessionaire, be given by letter delivered by hand
under acknowledgement to the following address:
____________________________ ____________________________
(ii) In the case of the State Government, be given by letter delivered by hand
under acknowledgement to the office of the Transport Commissioner, Haryana, 30 Bays Building, 2nd Floor, Sector-17, Chandigarh.
Copies of all notices shall also be sent by facsimile and by registered
acknowledgement due post or courier.
24.16 Language All notices required to be given by one party to the other Party and all other
communications, documentation and proceedings which are in any way
relevant to this agreement shall be in writing and in English language.
24.17 Counterparts
This agreement is executed in two counterparts, each of which when executed
and delivered shall constitute an original of this agreement.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by their duly authorized representatives on the date first set forth above.
Signature : ______________________ Signature : ______________________
Name :_________________________ Name :_________________________
Designation :____________________ Designation :____________________
Date : _________________________ Date : _________________________
For and on behalf of the Governor of Haryana For and on behalf of Concessionaire /Company
Signature : ______________________ Signature : ______________________
Name :_________________________ Name :_________________________
Designation :____________________ Designation :____________________
Date : _________________________ Date : _________________________
Signature : ______________________ Signature : ______________________
Name :_________________________ Name :_________________________
Designation :____________________ Designation :____________________
Date : _________________________ Date : _________________________
Schedules
SCHEDULE-A SCOPE OF WORK
1. The Concessionaire shall manufacture/supply the High Security Registration Plates
as per the specifications laid down in the Order, appended as Section–V of the bid
documents and carry out the finishing process for each High Security Registration
Plate according to individual numbers and alphabets as allotted by each individual
Registering Authority. The numbers and alphabets of each vehicle shall vary
individually. The project shall be implemented on “BUILD, OWN AND OPERATE
(BOO) basis. The Concessionaire shall assemble, establish, procure technology,
design, develop, produce/supply, emboss, affix and distribute the High Security
Registration Plates and finance, maintain and operate the infrastructure, formalities,
services and establishment so created at his own risks and all costs involved in
establishing Embossing Stations/Affixing Stations, Site implementation and
Networking within the State.
2. The Concessionaire shall also provide online software implementation containing inter-
alia the following features:
a. System should have provision for registering user request (over portal, phone,
helpdesk etc) for affixing High Security Registration Plates.
b. System should have a workflow based approval mechanism starting from User raising
a request to final sign off by Registering Authority. The workflow would be finalized
in discussion with department during the execution of the project.
c. System should have additional features including escalation framework, status
tracking, appointment scheduling.
d. System should allow users to make online payments & get e-receipts.
e. System should allow dealing clerk/Registration Authority to upload and save the
photo of the vehicle with High Security Registration Plate, prior to
approval/acceptance by the competent authority. The quality of the camera and
photograph should be of sufficient high resolution acceptable to the department.
f. System should provide real-time data accessed from integrated and centralized
computing environment/Data centre.
g. System should generate MIS reports as per requirement of the departmental officials.
h. System should have advance communication application interface with emails and
SMS.
i. System should be updated as per requirements of the department from time to time.
On completion of the contract or foreclosure/pre-mature termination of the
contract, the Concessionaire shall pass on the IPR and the software along with
the source code and the entire data asset to the Transport Commissioner,
Haryana at zero cost;
3. The Concessionaire shall detail a plan in the form set forth in Schedule-H to establish
the Embossing Stations in proximity of the existing Registering Authorities to ensure
proper and easy availability of the High Security Registration Plates. The
Concessionaire shall also ensure establishment of Embossing Stations at any
proposed/new Registering Authority that may be opened during the term of this
Agreement.
4. a) The Registration Plates and the 3rd Registration Plate sticker shall be affixed only
by authorized representative of the Concessionaire in the premises of the Registering
Authority or any other place/places authorized by the Registering Authority. The old
plates removed from the existing vehicles shall be deposited with the Registering
Authority before hand or as directed by the Registering Authority.
b) The Concessionaire shall clear fortnightly the accumulated old Number Plates
removed from the existing vehicles from the premises of the Registering Authority
after giving due receipt for the same free of cost and shall give an undertaking that
each lot so collected by the Concessionaire has been destroyed/disposed of at its
own risk and cost in the presence of the Registering Authority, or any official deputed
by the Registering Authority concerned. Destruction and disposal of old number
plates shall be so done as not to cause any environmental risks and all guidelines of
the Government Agencies with regard to environmental consideration shall be
followed. The scrap will be the property of the Concessionaire.
5. The time availability for getting High Security Registration Plate ready for affixation to
vehicle shall be 4 (four) days excluding Sundays & gazetted holidays, from the receipt
of authorization from Registering Authority, in the form set forth in Schedule-I or as
decided by the State Government from time to time, and depositing of the Price by
the vehicle owner. The Concessionaire shall ensure that the High Security
Registration Plate strictly conforms to size and technical specifications as notified by
Government of India. No deviations /defective plates shall be supplied. The State
Govt. shall have option to reduce this period of 4 (four) days as per the Central/State
Govt. instructions from time to time.
6. The High Security Registration Plate shall be embossed and affixed to the vehicle as
per the process laid down in the said notification only upon the receipt of authentic
documentary evidence from the Registering Authority. No Security Registration Plate
or 3rd Registration Plate or Snap Lock shall be issued to anybody without proper
authentication and any incident of this nature would directly lead to termination of this
contract. In case the vehicle owner deputes another person for getting High Security
Registration Plate affixed on his vehicle, such other person shall be duly authorized
by the vehicle owner in the form set forth in Schedule-J.
7. On existing registered vehicles also, the High Security Registration Plates shall be
individually embossed and affixed only upon receipt of the authenticated document
from the Registering Authority concerned.
8. The Concessionaire shall replace the High Security Registration Plate or part thereof
free of cost in case the replacement is warranted on account of normal wear & tear of
the number plate due to poor quality of the product (smudging/ fading of ink on the
number plate, hologram etc.) during the period of contract.
9. Concessionaire should maintain his manufacturing unit/units well in order and in no
case, the supply be obstructed because of it.
10. Concessionaire should maintain back up generators at all the locations so that the
supply and affixation is not affected because of electricity failure.
11. The responsibility of providing the right type of High Security Registration Plate and
fixing to the vehicle shall be the sole responsibility of the Concessionaire. If any
technology up-gradation is required during currency period of contract, then the same
shall be done by the Concessionaire.
12. The State Government shall provide one room each in the premises of the following 24
(twenty four) Registering Authorities for fixing of High Security Registration Plates, at
the request of the successful Bidder.
District Name of the Registering Authority
Ambala 1. Secy. RTA 2. SDO(C), Naraingarh
3. SDO(C), Barara
Yamuna Nagar 1. Secy. RTA
Kurukshetra 1. SDO(C), Thanesar
Panchkula 1. Secy. RTA
Karnal 1. Secy. RTA 2. SDO(C), Assandh
Rohtak 1. SDO(C), Meham
Gurgaon 1. Secy. RTA
Faridabad 1. SDO(C), Faridabad 2. SDO(C), Ballabgarh
Palwal 1. SDO(C), Hodal
Rewari 1. Secy. RTA 2. SDO(C), Kosli
Mahendergarh 1. SDO(C) M.garh
Bhiwani 1. Secy. RTA 2. SDO(C), Tosham
Hisar 1. SDO(C), Hansi
Jind 1. SDO(C), Jind 2. SDO(C), Narwana
Sirsa 1. SDO(C), Sirsa 2. SDO(C), Ellnabad
Fatehabad 1. SDO(C), Fatehabad
Wherever available, the space of one room will be provided by the State Government
for temporary erection of pre-fabricated kiosks, to be erected by the Concessionaire
at his cost, in the offices of remaining Registering Authorities for affixing of High
Security Registration Plates, which shall be declared as part of the premises of
Registering Authority concerned. In case space is not available, the Concessionaire
shall take his own space on rent which shall be declared as part of the premises of
Registering Authority concerned as per mutual consent of Registering Authority and
the Concessionaire. No rentals or lease money for the space provided in the offices
of above Registering Authorities shall be recovered from the successful bidder in this
regard. The space as mentioned above provided to the Concessionaire shall be
solely for the purpose of pursuing the objects of this scheme and would not bestow
on him any right to own, lease, rent or use the premises for any purpose other than
the purpose of this scheme. Immediately on the termination of the contract, the said
premises shall be vacated by the Concessionaire and handed over to the concerned
Registering Authority. Charges for utilities like electricity, water etc. however, shall be
payable on actual basis by the Concessionaire. The Concessionaire shall get its own
electricity and water meters/sub-meters installed for this purpose.
However, the space for establishing Embossing and Hot Stamping Stations
and storage of material etc. shall be arranged by the Concessionaire at its level and
at its cost.”
13. The Registering Authority shall issue authorization in the name of Concessionaire
giving all the relevant details for both new and existing vehicles for the purpose of
supplying/affixing the High Security Registration Plate to a vehicle.
14. In case of any vehicle already provided with High Security Registration Plate shall
need to be replaced with either or both of the Registration Plate or the third
Registration Plate Sticker due to accidental or other damage, these replacements
shall be done by charging Price from the vehicle owner as per provisions of this
Agreement only upon receipt of appropriate replacement advice and other
documentary evidence from the Registering Authority concerned.
15. In case of any vehicle already provided with HSRP needs replacement of one or both
or the third Registration Plate Sticker due to a damage covered under warranty, the
same shall be replaced after verifying the original HSRP issuance documents,
Registration Certificate and comparing with the records of the Concessionaire for
genuineness, at the cost of the Concessionaire. The original HSRP shall be taken off
and retained by the Concessionaire for verification by the Registering Authority and
shall be destroyed after such verification in the presence of a representative of the
Registering Authority. Information relating to change of such High Security
Registration Plates shall be forwarded to the Registering Authority concerned on a
periodic basis.
SCHEDULE-B BANK GUARANTEE FOR PERFORMANCE SECURITY
(To be issued by a Scheduled Bank based in India)
From:
(Name and registered office of Bank and address of the issuing branch), hereinafter referred
to as "The Guarantor" which expression shall include its successors, permitted assigns and
substitutes.
To:
The Transport Commissioner
Government of Haryana,
30 Bays Building, 2nd Floor,
Sector-17, Chandigarh
(Hereinafter referred to as "State Government, which expression shall include its successors,
permitted assigns and substitutes).
WHEREAS
A. [Name and address of Concessionaire] (hereinafter called "the Concessionaire" has
undertaken in pursuance of an Agreement dated ______ to execute the project to assemble,
establish, procure technology, design, develop, produce, emboss, affix and distribute the
High Security Registration Plates in the State of Haryana and finance, maintain and operate
the infrastructure, formalities, services and establishment so created at its own risk and all
costs involved in establishing Embossing/Affixing Stations, site implementation and
networking within the State, with centralized blank manufacturing unit within the territory of
India to be borne by the Concessionaire (hereinafter referred to as the "Project") on Build
Own Operate (BOO) basis.
B. The Agreement requires the Concessionaire to furnish a Performance Security to the
State Government in a sum of Rs. 4,00,00,000/- only (Rupees Four crore only) ( the
“Guarantee Amount”) as security for due and faithful performance of its obligations, under
and in accordance with the Agreement, during the Concession Period.
C. We, ____________ through our Branch at ______ (the “Bank”) have agreed to furnish this
Bank Guarantee by way of Performance Security.
NOW, THEREFORE, the Guarantor ( the “Bank”) hereby, unconditionally and irrevocably,
guarantees and affirms as follows:
1. The Bank hereby unconditionally and irrevocably agrees to pay to the Government,
without protest, demur or delay a sum not exceeding the Guarantee Amount upon receipt of
a written demand to this effect from the State Government on any material breach by the
Concessionaire which is not repaired within a reasonable time of at least 15 days. The Bank
shall make the above-mentioned payment to the State Government without any deductions.
The written demand from the State Government in terms of this clause shall be binding on
the Bank and shall constitute conclusive and final proof of the debt owed by the Bank to the
State Government. The Bank shall make the above mentioned payment to the State
Government through its branch situated at Chandigarh.
2. The Bank shall make payments to the State Government under this Guarantee within a
period of 2 (two) working days of having received the demand from the State Government
(Claim Period). Time is of essence and any delay by the Bank beyond the Claim Period in
making payment shall attract interest at the prime lending rate of RBI prevailing from time to
time during the period for which such interest is to be charged. This interest shall be charged
on the demand made by the State Government and shall start from the expiry of the Claim
Period till the payment is made in full and shall be compounded at monthly rests. Payment of
interest shall not provide the Bank with the excuse to delay payment or non-payment of the
Guarantee Amount.
3. The Bank waives any requirement that the State Government demand any debt or
payment from the Concessionaire before presenting it with the demand under this Bank
Guarantee.
4. The Bank shall make the payment to the State Government without exercising any right of
lien or set-off or any other claim that the Bank may have against the State Government.
5. Any dispute between the Bank and the Concessionaire, whether existing on the date of
issue of this Bank Guarantee or which may arise on any future date shall not in any way
release the Bank from its obligations to make payment to the State Government under the
terms of this Guarantee.
6. No underlying dispute between the State Government and the Concessionaire nor any
pending application for interim relief or arbitration proceedings or other legal proceedings
shall constitute any ground for prevention, delay or obstruction for making the payment to the
State Government by the Bank and the existence of any disputes or differences or claims in
arbitration or otherwise shall not constitute any ground for non-payment under this
Guarantee.
7. No change or addition to or other modification of the terms of the Agreement or of the
works to be performed there under or of any of the Agreement documents which may be
made between the State Government and the Concessionaire shall in any way release the
Bank from any liability under this Guarantee. The Bank hereby waives notice of any change,
addition or modification.
8. The Guarantee shall come into effect from (Start Date) and shall continue to be in full force
and effect till its expiry at 1700 hours Indian Standard Time on (Expiry Date) (both dates
inclusive) or till the receipt of a claim from the State Government under this Guarantee,
whichever is earlier. Any demand received by the Bank from the State Government prior to
the Expiry Date shall survive the expiry of this Guarantee till such time that all the moneys
payable under this Guarantee by the Bank to the State Government have been paid in full.
9. Any change or amendment in the constitution of the Concessionaire shall not release the
Bank from carrying out its obligations under the terms of this Guarantee.
10. If at any time during the term of this Guarantee, any winding-up or liquidation
proceedings are initiated against the Concessionaire or if the Concessionaire is wound-up,
merged or amalgamated with any other company or liquidated, the Bank shall continue to
fulfill its obligations under this Guarantee as if such winding-up or liquidation proceedings
had not been instituted or as if the Concessionaire had not been wound-up or liquidated, as
the case may be.
11. Any change or amendment in the constitution of the Bank shall not release the Bank from
carrying out its obligations under the terms of this Guarantee.
12. If at any time during the term of this Guarantee, any winding-up or liquidation
proceedings are initiated against the Bank or if the Bank is wound-up or liquidated, the
Guarantee Amount shall become payable by the Bank to the State Government immediately
upon the first instance of happening of any of the events mentioned above in this clause. The
liability of the Bank to the State Government arising under the provision of this clause shall
be satisfied prior to the satisfaction of any other claim arising out of such winding-up or
liquidation proceedings. Provided however, if the Concessionaire has substituted this
Guarantee with a guarantee from another Bank to the satisfaction of the State Government
and in line with the terms of the Agreement, the Bank shall be released from its obligations
under this clause.
13. The currency of payment under this Guarantee shall be Indian Rupees.
14. The Bank agrees that it shall not assign its obligations under this Guarantee without the
prior written consent of the State Government. The State Government shall not unreasonably
withhold its consent if the proposed assignee meets the conditions stipulated in the
Agreement, is of at least the same financial standing of the Bank and the assignee assumes
in writing the obligations of the Bank under this Guarantee prior to the assignment.
15. The Bank shall make no amendment, variation or modification to this Guarantee without
the prior written approval from the State Government.
16. The expressions "Guarantor" (the Bank), "The Government" and "Concessionaire" herein
used shall unless there be anything repugnant to the subject or context includes their
respective successors, legal representatives, administrators and permitted assignees.
SEAL OF GUARANTOR
SIGNATURE OF THE GUARANTOR
NAME
TITLE
DATE
in the presence of
SIGNATURE
NAME
OCCUPATION
TITLE
DATE
Note: Authenticated copy of Letter of Authority / Power of Attorney authorizing the signatory
of this guarantee to execute the same to be enclosed herewith)
SCHEDULE-C
Daily Report from Embossing Stations to Registering Authority
Date:___________
Sl. No
Application No.
Vehicle Type
Owners name
Laser Identification
No.
RP Size 3rd RP Y/N
Colour Background Remarks
Front Rear Front Rear Yellow White
SCHEDULE-D
Monthly Report from Concessionaire to Registering Authority.
Month:___________
Applications received.
Registration Plates Supplied
Back log (if any)
Remarks
Registering Authority
New Registration
Existing vehicles
New Registration
Existing vehicles
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
SCHEDULE-E MONTHLY STATEMENT FROM CONCESSIONAIRE TO REGISTERING AUTHORITY
Month:_______ S. No
Category Number of new vehicles affixed
Price Charged
Number of existing vehicles affixed
Price Charged
Replacements Price Charged
Total Amount
1 Complete set of Registration Plates inclusive of Snap Lock and fixing for 2 wheelers – scooters, motorcycles, mopeds.
2 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for 3 wheelers and invalid carriages.
3 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Light Motor Vehicles/Passenger Cars.
4 Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Medium Commercial Vehicles/ Heavy Commercial Vehicles/ Trailer/ combination/others.
5 Registration Plate size 500 x 120 mm.
6 Registration Plate size 340 x 200 mm.
7 Registration Plate size 200 x 100 mm.
8 Registration Plate size 285 x 45 mm.
9 3rd Registration Plate sticker inclusive of printing.
10 Snap Locks.
SCHEDULE-F MONTHLY REPORT FROM CONCESSIONAIRE TO REGISTERING AUTHORITY
i. Laser number(s) encoded on the HSRP issued : _______________
ii. Name of the vehicle owner : _______________
iii. Address of the vehicle owner : _______________
iv. Type and make of vehicle : _______________
v. Whether old or new vehicle : _______________
vi. Date of receipt of Authorization for HSRP from R.A. : _______________
Vii. Date of receipt of Price from Owner : _______________
viii. Date of affixation of HSRP to Owner‟s vehicle : _______________
ix. Number of old registration plates in stock at Affixing Station : _______________
SCHEDULE-G
SCHEDULE OF PRICE A. PRICES FOR NEW SET:
S.No. (1)
Item
(2)
Unit
(3)
Amount (Rs.) (4)
Rate in Rate in Figures Words
1. Complete set of Registration Plates inclusive of Snap Lock and fixing for 2 wheelers – scooters, motor cycles, mopeds.
Set
2. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for 3 wheelers and invalid carriages
Set
3. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Light Motor Vehicles/Passenger Cars
Set
4. Complete set of Registration Plates inclusive of Snap Lock, 3rd Registration Plate and fixing for Medium Commercial Vehicles/ Heavy Commercial Vehicles/ Trailer/ combination/others.
Set
B. PRICES FOR REPLACEMENT: Sr. No.
Item Unit Price Per Unit including 20% premium for providing, fixing inclusive of all taxes and levies, but exclusive of local sales tax, value added tax etc. ( Rs.) In Figures In Words
1. Registration Plate size 500 x 120 mm
Pc
2. Registration Plate size 340 x 200 mm
Pc
3. Registration Plate size 200 x 100 mm
Pc
4. Registration Plate size 285 x 45 mm
Pc
5. 3rd Registration Plate sticker inclusive of printing
Pc
6. Snap Locks Pair NOTE : 1. The above prices are chargeable from vehicle owners and are for providing and fixing High Security
Registration Plates on the vehicles w.e.f. ___________. This price shall remain unchanged till ________.
3. The price shall be exclusive of all taxes, duties and levies which may be charged extra at the prevailing rates.
AUTHORISED SIGNATORY
SCHEDULE-H CONCESSIONAIRE’S WORK PLAN
Left Blank Intentionally. To be filled in by the Concessionaire.
SCHEDULE-I
AUTHORISATION FOR AFFIXATION OF HSRP
From,
Registering Authority
________________
To,
(Concessionaire)
(Affixation Centre) ……. .........
You are hereby authorized to affix the High Security Registration Plate to the vehicle with the following details: 1. Full name of owner____________________________________________, Son/Wife/Daughter of ________________________________________________ 2. Permanent address of the owner __________________________________________ __________________________________________ 3. Temporary address of the owner __________________________________________ __________________________________________ 4. Registration number of vehicle________________________________________ 5. Class of vehicle (If motor cycle, whether with or without gear) _______________ 6. Maker's name_____________________________________________________ 7. Month and year of manufacture ______________________________________ 8. Chassis No.______________________________________________________ 9 . Engine No. _____________________________________________________ 10. Colour of body. ____________________________ 11. In case affixed with HSRP earlier, laser code of
Front number plate ___________________________________ Rear number plate ________________________________________
Signature of Registering Authority
Signature of vehicle owner
(This portion is to be filled in at the time of actual affixation of HSRP)
City in which Affixation Centre is located ____________________________
12. The components for which charges are being collected_____________________
13. Amount of Gross charges/ collected _____________
14. Date and time of collection of advance _________________________________________
15. Date and time of actual affixation of HSRP_______________________________
16. Number of days by which the service has been delayed ____________________
17. Signature of Concessionaire's authorized representative ___________________
18. Signature of motor vehicle owner or his authorized representative _____________
SCHEDULE-J
AUTHORITY LETTER FOR GETTING HSRP AFFIXED
To
THE REGISTERING AUTHORITY
___________________________
I, _____________________________________ (name of owner of vehicle), resident of
__________________________________________________________________________ do
hereby authorize Mr./Ms._________________________________________________ resident
of ____________________________________________________________________ whose
signature is attested below to pay the charges for High Security Registration Plates and get such
plates affixed to my vehicle whose details are given below:
Name of the owner of vehicle ______________________________________________
Vehicle number _________________________________________________________
Chassis number ________________________________________________________
Engine number _________________________________________________________
Signature of the AUTHORISED PERSON
Signature/ Thumb Impression of the OWNER
Date: (Please attach a photocopy of your registration certificate to this request.)