maharashtra state road transport corporation - e tenders · phone no. 022-23024032 and may notify...

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Phone No.022-23024027/23 Fax : 022- 23071423 (Direct) E-mail: msrtcsnp_ [email protected], /[email protected], https://msrtc.maharashtra.etenders.in / https://maharashtra.etenders.in Maharashtra State Road Transport Corporation STORES & PURCHASE DEPARTMENT, JAHANGIR BOMAN BEHRAM MARG, MUMBAI-400 008. Tender Inviting Notice By E-Mail To, M/s _______________________ _______________________ _______________________ Subject:- Tender No. 301 Due on 24.11.2014 for " Appointment of Auctioneer on commission basis to conduct e-Auction for Sale of Scrap" so as to be submitted online as per the key dates of tender. MAHARSHTRA STATE ROAD TRANSPORT CORPORATION (Stores & Purchase Department) INVITES COMPETITIVE BIDS from reputed Auctioneers / Vendors in TWO BID SYSTEM (Part-I Techno Bid and Part-II Price Bid) for the following Work. Description of Work / Appointment of Auctioneer on commission basis. The tenderer who has experience in “e-Auction” to be adopted for sale of Scrap Serviceable / Unserviceable Materials, Obsolete New Spare Parts & Old Buses ( such as scrap of Ferrous Non-ferrous Metals, Scrap of Tyres & Tubes, Bus Body Fitting, Used Oils & Chemicals, Electrical Wires/Machinery Spares/Auto Spare Parts/ Containers of Scrap of Buses & its Bodies etc.) of the Corporation in it's various Divisions within the limit Maharashtra State During the year 2014-17, i.e. for a period of three Year. The Tender form, conditions of contract, condition of auction can be Downloaded on DD payment of Rs.11,250/- per set from 28/10/2014 to 24/11/2014 in Favour of MSRTC STORES & PURCHASE FUND A/c.’ payable at Mumbai must be submitted at the above Office on or before 26/11/2014 before 14.00 Hrs Thanking you, Yours Faithfully General Manager (S&P)

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Page 1: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Phone No.022-23024027/23

Fax : 022- 23071423 (Direct)

E-mail: msrtcsnp_ [email protected], /[email protected],

https://msrtc.maharashtra.etenders.in / https://maharashtra.etenders.in

Maharashtra State Road Transport Corporation

STORES & PURCHASE DEPARTMENT, JAHANGIR BOMAN BEHRAM MARG, MUMBAI-400 008.

Tender Inviting Notice

By E-Mail

To,

M/s _______________________

_______________________

_______________________

Subject:- Tender No. 301 Due on 24.11.2014 for

" Appointment of Auctioneer on commission

basis to conduct e-Auction for Sale of Scrap"

so as to be submitted online as per the key

dates of tender.

MAHARSHTRA STATE ROAD TRANSPORT CORPORATION (Stores &

Purchase Department) INVITES COMPETITIVE BIDS from reputed Auctioneers /

Vendors in TWO BID SYSTEM (Part-I Techno Bid and Part-II Price Bid) for the

following Work.

Description of Work / Appointment of Auctioneer on commission basis.

The tenderer who has experience in “e-Auction” to be adopted for sale of Scrap

Serviceable / Unserviceable Materials, Obsolete New Spare Parts & Old Buses ( such as

scrap of Ferrous Non-ferrous Metals, Scrap of Tyres & Tubes, Bus Body Fitting, Used

Oils & Chemicals, Electrical Wires/Machinery Spares/Auto Spare Parts/ Containers of

Scrap of Buses & its Bodies etc.) of the Corporation in it's various Divisions within the

limit Maharashtra State During the year 2014-17, i.e. for a period of three Year.

The Tender form, conditions of contract, condition of auction can be Downloaded

on DD payment of Rs.11,250/- per set from 28/10/2014 to 24/11/2014 in Favour of

‘MSRTC STORES & PURCHASE FUND A/c.’ payable at Mumbai must be submitted

at the above Office on or before 26/11/2014 before 14.00 Hrs

Thanking you,

Yours Faithfully

General Manager (S&P)

Page 2: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Telephone: 022-23024032/4027

Fax: 022-23071423

Email: [email protected]

Maharashtra State Road Transport Corporation

STORES & PURCHASE DEPARTMENT, JAHANGIR BOMAN BEHRAM MARG, MUMBAI-400 008.

E- Tender No. 301 of E Tender Notice No. 01 Of 2014-15

(E-Tender No. 301 Closing date 24.11.2014, Opening date 26.11.2014)

TENDER NO :- 301

ST/S&P/OT/BT/SO(R)/301

TENDER Closing on :- 24.11.2014 at 14.01

p.m.

TENDER to be Opened on 26.11.2014 at

14.01. p.m.

TEDER SHALL REMAIN VALID

TILL:…………….

6 Months from the date of opening of

Tender

M.S.R.T.C Mumbai , S&P Dept

Tender Form

No. Amount Rs11,250/-

G12 Receipt No. :-

Dt

Sr Clerk SO(BT)

To,

M/s _______________________

_______________________

_______________________

Subject:-Tender for " Appointment of Auctioneer on

commission basis to conduct e-Auction for

Sale of Scrap " to be submitted

online as per the key dates of tender.

Dear Sir,

Please find enclosed herewith the tender documents for " Appointment of

Auctioneer on commission basis to conduct e-Auction for Sale of Scrap "

The important instructions in regard to above mentioned tender are as under:-

1 This tender is Two bid system tender viz. “QUALIFICATION CRITERIA

WITH TECHNICAL TENDER” and “ COMMERCIAL TENDER”

2 You must submit QUALIFICATION CRITERIA WITH TECHNICAL

TENDER - duly completed in all respect along with the necessary documents

mentioned in the tender, on line.

Page 3: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

This tender will be opened on 26.11.2014 at 14.01 Hours

3 You must submit COMMERCIAL TENDER – duly completed in all respect

on line. The due date of commercial opening will be communicated to the

technically shortlisted bidders.

4 Following TENDER DOCUMENTS contain.

4a

4b

Documents to be uploaded along with TECHNICAL TENDER

i) Tender Document- Declaration

ii) Terms and Conditions of tender.

( Tenderer should signed at the end of each page & submit the Terms and

Conditions of the tender )

iii) Terms and conditions of Auction. (Annexure – E)

iv) Annexure A:- Pre- qualification Criteria.

v) Annexure B:- Agreement to be executed on acceptance of Rate Contract.

vi) Annexure D:- List of Locations where the auction to be conducted.

vii) Annexure E :- Terms & conditions of Auction.

viii) Annexure F :- Bidders Authorization Letter.

ix) Annexure G :- Acceptance of Terms and Conditions.

x) Annexure J:- Details in respect of payment through NEFT mode.

xi) Annexure X:- Vendor’s information.

xii) Annexure W:- Certificate from Chartered Accountant (C.A.) certifying the

turnover of the firm.

xiii)Annexure P:- Acceptance of Fix Charge of Commission charges rate.

xiv)Annexure S:-Statement of E-Auction conducted by the auctioneer in the

financial year 2012-13 & 2013-14.

xv)Annexure Q:- Certificate of Organizations Auction Conducted by

Auctioneer.

xvi) Annexure R:- Declaration regarding validity of Solvency Certificate.

Documents to be submitted along with COMMERCIAL TENDER

i) Annexure Y:- Commercial Schedule i.e. commercial Terms and

Conditions.

Annexure C :- Item Rate Schedule i.e. rate of commission charges to be quoted

in this Annexure.

All the Photostat copies submitted by the tenderer must be self attested

by the Authorized Signatory of the tenderer.

Kindly ensure that the tender document submitted must be accompanied with

all relevant documents requested.

Page 4: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Additional Conditions

i. Tenderer approaching any of the Authority / Officer of the

Corporation, through himself or by his authorized agent to influence

to obtain favorable decision in respect of tender shall be liable for

disqualification and for this breach Earnest Money Deposit will be

forfeited.

ii. The tenderer shall not appoint liasioning agent in respect of tenderers.

Only the authorized responsible officer along with authority letter

with identity card shall participate in the tender process and for

breach of this condition earnest money shall be forfeited and the firm

shall be blacklisted.

iii. During the contractual period if it is found any liasioning agent or

mediator intervening in the operation of the contract or indulge in any

un authorized act, the security deposit will also be liable for forfeiture.

iv. Any sister concern (s) of the tenderer applying against this open

tender, would lead to disqualification of both tenderer(s). Sister

concern means a Company, Society, Partnership Firm or

Proprietorship having one or more common person as Director /

Partner / Member / Owner.

In case of any clarification required, you may contact our Stores Officer (BT) on

phone no. 022-23024032 and may notify to MSRTC in writing to General Manager

(S&P), Stores & Purchase Department, Jahangir Boman Marg, Mumbai Central -

400 008 .

Thanking you,

Yours Faithfully,

General Manager (S&P)

Maharashtra State Road Transport Corporation,

Stores and Purchase Department,

Jahangir Boman Beharam Marg,

Mumbai Central, Mumbai-400008

Fax – 022-23071423

Page 5: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Instructions

The General Manager (S & P), Maharashtra State Roads Transport Corporation'

Mumbai invites e-Tenders from interested Bidders for supply of following items:

TENDER SCHEDULE FOR MSRTC

Tender for " Appointment of Auctioneer on commission basis to conduct e-

Auction for Sale of Scrap " to be submitted online as per the key dates of

the tender. Seq.

No.

Stage Start Expiry

Date Time Date Time

1. Tender Release 28.10.2014 10.00 28.10.2014 18.00

2. Tender Download 28.10.2014 18.01 24.11.2014 14.00

3. Bid Preparation 28.10.2014 18.01 24.11.2014 14.00

4. Technical Bid Closing 24.11.2014 14.01 24.11.2014 15.00

5. Price Bid Closing. 24.11.2014 14.01 24.11.2014 15.00

6. Bid Submission 24.11.2014 15.01 26.11.2014 14.00

7. Technical Bid Opening 26.11.2014 14.01 26.11.2014 17.30

8. Price Bid Opening 26.11.2014 14.01 26.11.2014 17.30

An Important Workshop of E-Tendering will be held on same venue on …………..

& ……………. at 12.00 hours.

The last date of receipt of Tender Form Fees and Earnest Money Deposit from the

Bidders submitting their Bids online shall be 24.11.2014 up to 14.00 hours.

INSTRUCTIONS TO BIDDERS

Tender Form Fees:

1) The Tender form, conditions of contract, Scope of the work/Item, can be

Downloaded on DD payment of Rs.11,250/- per set from 28/10/2014 to 24/11/2014 in

Favour of‘MSRTC STORES & PURCHASE FUND A/c.’ payable at Mumbai must

be submitted at the above Office on or before 24/11/2014 before 14.00 Hrs.

OR

2) The Tender form, conditions of contract, Scope of the work/Item, can be

Downloaded on RTGS payment of Rs.11,250/- per set from 28/10/2014 to 24/11/2014

in favour of‘MSRTC STORES & PURCHASE FUND A/c in SBI Account No.

10044570599 IFSC Code – SBIN0000547. Branch Code – 00547. MICR No.

400002009. Branch – Mumbai Central. The UTR No. must be uploaded in Technical

Bid.

Bidders Stage

Department. Stage

Page 6: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

EMD:

The Tenders shall be accompanied by Earnest Money in the form of DD of

Rs.1,00,000/- in favour of ‘MSRTC STORES &PURCHASE FUND A/c' payable at

Mumbai must be submitted at the above Office on or before 24/11/2014 before 14:00

Hrs.

OR

2) The Tenders shall be accompanied by Earnest Money in the form of RTGS payment

of Rs. 1,00,000/- in favour of‘MSRTC STORES & PURCHASE FUND A/c in SBI

Account No. 10044570599 IFSC Code – SBIN0000547. Branch Code – 00547. MICR

No. 400002009. Branch – Mumbai Central. The UTR No. must be uploaded in

Technical Bid.

GENERAL INSTRUCTIONS:

To view- Tender Notice, Detailed Time Schedule, Tender Document for this Tender

and subsequently purchase the Tender Document and its supporting documents, kindly

visit following e-Tendering website of Government of Maharashtra:

https://maharashtra.etenders.in

The Contractors participating first time for e-Tenders on GOM e-tendering portal will

have to complete the Online Registration Process for the e-Tendering portal. A link for

enrollment of new bidders has been provided on https://maharashtra.etenders.in

All bidders interested in participating in the online e-Tendering process are required to

procure Class II or Class III Digital e-Token having 2 certificates inside it, one for

Signing/Verification purpose and another for Encryption/Decryption purpose. The

tender should be prepared & submitted online using individual’s Digital e-Token.

e-Tendering Tool Kit for Bidders (detailed Help documents, designed for bidders) has

been provided on e-Tendering website in order to guide them through different stages

involved during e-Tendering such as online procedure for Tender Document Purchase,

Bid Preparation, Bid Submission.

The interested contractors / bidders will have to make online payment (using credit

card/debit card/net banking) of Rs.1038/- (inclusive of all taxes) per bid per tender to

online service provider of e-Tendering system (Sify NexTenders) at the time of entering

Online Bid Submission stage of the tender schedule.

If any assistance is required regarding e-Tendering (registration / upload / download)

please contact GOM e-Tendering Help Desk on number: 020 – 253 1 5555 (Pune

Helpline), Email: [email protected]. Mr.Tarun Sharma Mobile

No.07028024786

Page 7: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

PURCHASE AND DOWNLOADING OF TENDER FORM:

The tender document is uploaded / released on Government of Maharashtra, (GOM) e-

tendering website https://maharashtra.etenders.in. Tender document and supporting

documents may be purchased and downloaded from following link of

https://maharashtra.etenders.in.on e-Tendering website of Government of

Maharashtra, https://msrtc.maharashtra.etenders.in by filling Demand Draft details

online. Subsequently, bid has to be prepared and submitted online ONLY as per the

schedule.

The Tender form will be available online only. Tender forms will not be sold /

issued manually from STORES & PURCHASE DEPARTMENT, JAHANGIR

BOMANEHRAM MARG, MUMBAI-400 008.

Only those Tender offers shall be accepted for evaluation for which non-refundable

Tender Fee of Rs.11,250/- ( INR Eleven Thousand Two Hundred Fifty Only ) is

paid. The online Tenders, of those Bidders whose Tender Form Fees along with the

Earnest Money Deposit is not received within the prescribed time limit shall not be

considered.

The bidders are required to download the tender document within the pre-scribed date &

time mentioned in online tender schedule. After expiry of the date and time for tender

document downloading, Department / Corporation will not be responsible for any such

failure on account of bidders for not downloading the document within the schedule

even though they have paid the cost of the tender to the Department / Corporation. In

such case the cost of the tender paid by the bidders will not be refunded.

Under any circumstances the tender date and time will not be extended on account of

server down uploading problem etc. for any assistance in this regard please contact on

help line No.020-25315555 or Mr. Tarun Sharma on Phone.No. 07028024786

PREPARATION & SUBMISSION OF BIDS

Both the Bids (Technical as well as Commercial) shall have to be prepared and

subsequently submitted online only. Bids not submitted online will not be entertained.

Online Bid Preparation

TECHNICAL BID

Following documents should be uploaded in Online Technical Envelope (T1) in PDF

format, if required can be zipped as well and then uploaded. These documents need to

be digitally signed by individual contractor’s digital signature and uploaded during

Online Bid Preparation stage.

The list of documents for Technical Envelope is as mentioned above:

Page 8: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

COMMERCIAL BID

All financial offers must be prepared and submitted online (An online form will be

provided for this purpose in Online Commercial Envelope (C1), during Online Bid

Preparation stage).

Any bidder should not quote his offer any where directly or indirectly in Technical

Envelope (T1), failing which the Commercial Envelope (C1) shall not be opened and

his tender shall stand rejected.

Note: During Online Bid Preparation stage, bidders are allowed to make any changes

or modifications in the bid data uploaded by them in Technical (T1) as well as

Commercial (C1) envelope. Once a bidder successfully completes the Bid Preparation

stage (by generating the Hash Values for T1 and C1), system won’t allow him/her to

make any further changes or modifications in the bid data.

Online Bid Submission

During this stage, bidders who have successfully completed their Bid Preparation stage

are required to transfer the data, already uploaded by them during Bid Preparation stage,

from their custody to department’s custody. During this stage, bidders won’t have any

capability to make any kind of changes or editing into technical as well as commercial

data.

EARNEST MONEY DEPOSIT (EMD)

As per given in NOTICE DETAILS of the tender on working days.

Offers made without Earnest Money Deposit shall be rejected.

INSTRUCTION TO BIDDERS FOR ONLINE BID PREPARATION &

SUBMISSION

During the activity of Bid Preparation, the tenderer is required to upload all the

documents of the technical bid by scanning the documents and uploading it in the PDF

format. This activity of uploading the documents as well as preparation of commercial

bid and other Annexures enclosed with the tender (if any) should be completed within

the pre-scribed schedule given for bid preparation.

After Bid Preparation, the tenderer is required to complete Bid Submission activity

within pre-scribed schedule without which the tender will not be submitted.

Page 9: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Interested contractors / bidders will have to make online payment (using credit

card/debit card/net banking/Cash Card) of Rs1038/- (inclusive of all taxes) per bid per

tender to online service provider of e-Tendering system (Sify Nex Tenders) at the time

of entering Online Bid Submission stage of the tender schedule.

Non-payment of processing fees will result in non submission of the tender and

Department will not be responsible if the tenderer is not able to submit their offer due

to non- payment of processing fees to the e-tendering agency.

Detailed list of different modes of online payment to e-tendering service provider (E-

Payment Options) has been provided under E-Tendering Toolkit For Bidder section

of https://maharashtra.etenders.in .

The date and time for online submission of envelopes shall strictly apply in all cases.

The tenderers should ensure that their tender is prepared online before the expiry of the

scheduled date and time and then submitted online before the expiry of the scheduled

date and time. No delay on account of any cause will be entertained. Offers not

submitted online will not be entertained.

If for any reason, any interested bidder fails to complete any of online stages during the

complete tender cycle, department shall not be responsible for that and any grievance

regarding that shall not be entertained.

OPENING OF TENDERS :

On the date, specified in the Tender Schedule, following procedure will be adopted

for opening of the Tender.

A) ENVELOPE NO. 1 :- (Documents)

First of all Technical Bid of the tender will be opened online to verify its contents as per

requirements. If the various documents contained in this envelope do not meet the

requirements of the Department, a note will be recorded accordingly by the tender

opening authority and the said tenderer’s Price bid will not be considered for futher

action and the same will be recorded.

The decision of the tender opening authority in this regard will be final and binding on

the contractors.

B) ENVELOPE NO. 2 :- (Financial Bid)

This envelope shall be opened immediately after opening of online Technical Bid, only

if contents of Technical Bid are found to be acceptable to the Department, the tendered

rates shall then be read out in the presence of bidders who remain present at the time of

opening of Price Bid.

Page 10: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Additional Conditions

i. Tenderer approaching any of the Authority / Officer of the Corporation,

through himself or by his authorized agent to influence to obtain favourable

decision in respect of tender shall be liable for disqualification and for this

breach Earnest Money Deposit will be forfeited.

ii. The tenderer shall not appoint liasioning agent in respect of tenderers. Only

the authorized responsible officer along with authority letter with identity

card shall participate in the tender process and for breach of this condition

earnest money shall be forfeited and the firm shall be blacklisted.

iii. During the contractual period if it is found any liasioning agent or mediator

intervening in the operation of the contract or indulge in any unauthorized

act ,the security deposit will also be liable for forfeiture.

Thanking you,

Yours Faithfully,

General Manager (S&P)

Maharashtra State Road Transport Corporation,

Stores and Purchase Department,

Jahangir Boman Beharam Marg,

Mumbai Central, Mumbai-400008

Fax – 022-23071423

Page 11: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

DECLARATION TO BE SIGNED BY THE TENDERER.

I/We hereby offer to provide services to the General Manager (S&P) Maharashtra

State Road Transport Corporation, Stores & Purchase Department, Jahangir Boman

Marg, Mumbai-400008, upon and in accordance with the terms and conditions here to

annex. at the price given by me/us in the schedule attached to the tender marked or only

these items as you may specify in the acceptance of the tender and delivery period set

forth in the valid schedule.

I/we enclosed the receipt of Rs. 1,00,000/-(in words Rs Lacs only) being the

Earnest Money Deposit.

I/We carefully read and understood the said terms and conditions and other details

set out in the schedule. I am / We are fully aware of the nature and Specifications of the

stores required and my/our offer is for supply in accordance with your requirements.

I/We agree to hold this offer for a period of 180 days from due date for

submission of the tender and in the event of me/our failure to abide by the order, I/We,

agrees to forfeit the Earnest Money Deposit.

I/We hereby declare that no other party will have any interest in the contract, if

this tender is accepted. I/We agree that the Corporation shall not be bound to recognize

any person other than we/us as having any interest in this contract and will be at liberty

to forfeit the deposit and terminate the contract at any time if it shall appear that the

above declaration is not true in feet.

Your acceptance of this tender within the prescribed time will instituted a valid

contract for the supply on the terms and conditions and in accordance with the

specifications and details referred to above.

WITNESS___________

SIGNATURE OF TENDERER

FOR OFFICE USE ONLY

Mumbai, the___________ day of ___________________

Accepted for the supply of " Appointment of Auctioneer on commission

basis to conduct e-Auction for Sale of Scrap " as shown in Annexure "C" Rate

Schedule, for and behalf of the Maharashtra State Road Transport Corporation

for the services to Stores & Purchase Department under Tender & Stores

Committee Resolution No._______________

Name & Address of Tenderer.

________________________ General Manager (S&P),

________________________ M.S.R.T.C. ,Mumbai – 400 008.

E-mail- [email protected]

M.S.R.T.C. Mumbai, S&P Deptt.

Tender From No. ----- Amount Rs

________

G 12 R No.

Dt. Sr.Cl.

S.O.(BT)

Tender Closing Time:14.01 HR

Page 12: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Terms and Conditions of the Tender

PART I

A. Introduction

A1. About MSRTC

MSRTC is a leading passenger road transport organization in

the nation having fleet of over 16500 buses in the State of

Maharashtra. The Organizational Structure of MSRTC is One

Central Office, Six Regional Offices, 30 Divisional Offices and

247 depots. Besides this MSRTC have 3 Central workshops, 9

Tyre Retreading Plants, 1 stores supply unit and 1 Printing Press

and 1 Central training Institute at Bhosari, Pune. MSRTC daily

operates more than 60 lakhs kilometers on more than 20,000

routes with the help of more than 1 lacs of its employees.

Annual turnover of MSRTC is to the tune of Rs 5000

Crores.

A2.Purpose The tender is invited for "Appointment of Auctioneer on

commission basis providing e-auction service who has

experience in “e-Auction” to be adopted for sale of Scrap

Serviceable / Unserviceable Materials, Obsolete New Spare

Parts & Old Buses ( such as scrap of Ferrous Non-ferrous

Metals, Scrap of Tyres & Tubes, Bus Body Fitting, Used Oils &

Chemicals, Electrical Wires/Machinery Spares/Auto Spare

Parts/ Containers of Scrap of Buses & its Bodies etc.) of the

Corporation in it's various Divisions within the limit

Maharashtra State During the year 2014 to 2017, i.e. for a

period of three Year.

A3.Cost of

tendering

The Tenderer shall bear all costs associated with the preparation

and submission of its tender, and MSRTC will in no case be

responsible or liable for these costs, regardless of the conduct or

outcome of the tendering process.

A4.Name of the

Item

" Appointment of Auctioneer on commission basis to

conduct e-Auction for Sale of Scrap " as shown in

Annexure "C" Rate Schedule,

B) The Tendering Documents

B1. General The Tenderer is expected to examine all instructions, forms,

terms, specification and other information in the tendering

documents. Failure to furnish all information required by the

tendering documents or submission of a tender not substantially

responsive to the tendering documents in every respect will be

at the Tenderer’s risk and may result in rejection of its tender.

Page 13: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

The language of the tender shall be in English Only.

B2. Condition of

Tendering

A prospective Tenderer requiring any clarification of the

tendering documents may notify MSRTC in writing to General

Manager (S&P), Stores and Purchase Department, Jahangir

Boman Beharam Marg, Mumbai Central, Mumbai-400008

B3. Rejection of

Tender

The General Manager (S&P) has right to reject any or all the

tenders so received on the due date without assigning any reason

thereof.

C) Preparation of Tenders

C1. Documents Comprising Technical and Commercial Tender

I) QUALIFICATION CRITERIA WITH TECHNICAL

TENDER ( FIRST ENVELOPE)

a) Tenderer’s Declaration Form

b) Documents, which will establish that the firm is fulfilling

the pre- qualification criteria as mentioned in

Annexure A. The firm should make a statement showing

the pre-qualification criteria that is fulfilled by them and

the documents enclosed by them in support of the same.

c) Annexure B: - Acceptance for agreement on firms letter

head.

d) Original Copy of the Receipt of Earnest Money Deposit

paid.

e) Annexure "E" – acceptance of terms & conditions of

auction on separate letter head.

f) Annexure F – Bidders Authorization Letter.

g) Technical Documentations (Product Broachers, Leaflets,

Manuals etc.)

h) Annexure G – Acceptance to the terms and conditions of

the tender

i) Annexure J: Details in respect of payment through

NEFT mode.

j) Annexure X - Information about the vendor.

k) Tender form duly signed EXCEPT Rate Annexure Y &

Annexure C l) Power of Attorney- A power of attorney, duly notarized,

indicating that the person(s) signing the tender has (have)

the authority to sign the tender and thus that the tender is

binding upon the Tenderer during the full period of its

validity.

Page 14: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

m) Essential documents required with reference to this

tender with firm’s covering letter on firm's Letterhead.

Which are listed in Tender document mentioned at '4a'

n) Audited Balance Sheet for the last Three years

Remark :-Enclose all the annexure attached with the tender

documents EXCEPT Rate Annexure Y and item

Rate Schedule Annexure C ( If Rate Annexure Y

and Rate schedule Annexure C are found in this

envelope the tender is liable for rejection )

Please note that this Technical Tender will not contain any

price information. The technical tender shall be submitted

online.

II) COMMERCIAL TENDER ( SECOND ENVELOPE)

a) Covering Letter enclosing Rate Annexure –Y enclosed

with tender form duly signed.

b) Annexure C - Item Rate Schedule duly filled in all

respect.

C2. Commission

charges of services:

i) Tenderer should clearly quote single rate of the

commission charges for e-auction in Price Bid as per

Tender Rate Schedule enclosed to the Tender

Documents for the services to be rendered by him in

accordance with the ‘auctioneering Agreement’

(Annexure " B") The rate of commission shall be on

percentage basis i.e. commission shall be payable to

the successful tenderer as a percentage of actual

amount realized by MSRTC for the open auction and

e-auction conducted by the successful tenderer.

ii) Commission charges shall not be payable on the

amounts of statutory Taxes and Duties, delayed

payment charges, Ground Rent Charges, payments

made by the purchaser but material not lifted and

forfeited security deposits for the lots not lifted by the

purchasers. In case of short delivery, no commission

shall be payable on the value of short quantities.

iii) The tenderer shall clearly quote the commission

rate in figures & in words as well. In case of

discrepancy in the two, the rate which is the lower one

shall be considered as the rate offered including

Service Tax if any.

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iv) The rate of commission quoted by the tenderer

shall remain unchanged during currency of contract.

However the statutory levies or Taxes imposed at any

time after commencement of agreement by the Central/

State Government or any other authorities shall be

payable by the respective parties as per prevailing

stipulations.

i) Firm will clearly mention the quantum of Service Tax

and Other Govt. Levies applicable. The tender received

without mentioning % age and / or quantum of Govt.

levies are liable for rejection.

ii) The Corporation shall not be responsible for any

omissions or other errors committed by the Tenderer in

communicating cost components. Any liability arising

out of any tax, levy or components thereof not being

explicitly stated by the Tenderer shall be totally borne by

the Tenderer.

iii) The Commercial Tender shall be prepared in inedible ink

and shall not contain any strikeouts, overwriting, erasures

or other modifications and shall be free of any clerical or

computational error. The Tenderer has to fill up the Rate

Annexure-"C" & Annexure “Y ” compulsory else

tender will liable for rejection

The Commercial Tender shall be submitted on line.

Non-compliance to these instructions shall make the

Commercial Tender liable for rejection.

C3 Earnest Money Deposit :-

a) Each Tenderer has to Deposit a sum of Rs.1,00,000/-(in

words Rs One Lac Only) against this tender towards

Earnest Money Deposit which shall be paid in cash or

by Demand Draft on any working day before the due

date and time of acceptance of tender. Tender must be

accompanied by a original receipt of E.M.D. paid with

the cashier at the Stores & Purchase Department,

Mumbai. Earnest Money Deposit may also be deposited

by Demand Draft payable on any Bank in Mumbai, in

favour of "MSRTC STORES & PURCHASE Fund

A/c." or through RTGS.

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b) The Earnest Money deposits will be returned as per

following schedule:-

• In case of Tenderer whose tender is rejected for not

fulfilling the pre- qualification criteria, EMD will be

refunded within 15-20 days from the date of opening

of tender subject to settlement of outstanding dues, if

any.

• In case of Tenderer whose Technical tender qualifies in

pre- qualification criteria, EMD will be refunded after

tender is decided and rate Contracts are issued subject to

settlement of outstanding dues, if any.

c) The Earnest Money Deposit may be forfeited –

• If the Tenderer withdraws its tender during the

period of tender validity specified by the Tenderer

in the Tender Form.

• If Tenderer fails to accept letter of intent / Rate

Contract within the specified time limit.

• If Tenderer provides false / misleading

information / documents in the tender.

d) No tender shall be accepted unless the Earnest Money

Deposit is paid.

e) Failure in submission of E.M.D. will entitle Corporation

not to consider the tender.

f) No interest will be paid on the E.M.D.

g) The General Manager (S&P) reserves the right to recover

amounts, if any, due to the Corporation from the E.M.D.

C4 Solvency

Certificate:

The tenderer should be financially sound & shall submit

solvency Certificate for an amount up to Rs.25,00,000/-

(Rupees Twenty Five Lakhs Only) from any nationalized

Bank or competent Revenue authority. Date of issue of such

Certificate shall not be earlier than two months prior to the

date of opening of the Tender. The tenderer shall submit

declaration in the proforma as per Annexure- "R" to the

tender document

C5.Validity of

Tender

Tender shall be valid for the period of Six Months, i.e. 180

days for its acceptance, from the date of Opening of Tender.

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D) Submission of Tender

D1. Uploading of Tender

i) The tenderer shall upload 1) Qualification Criteria with

Technical Tender and 2)Commercial Tender in two separate

envelopes “QUALIFICATION CRITERIA WITH

TECHNICAL TENDER FOR " Appointment of

Auctioneer on commission basis to conduct e-Auction for

Sale of Scrap " and COMMERCIAL TENDER

The both tenders shall then be uploaded separately.

ii) Late Tender- Any tender received by the MSRTC after the

tender submission deadline (after the declared due date and

time for closing of tender) prescribed by the MSRTC, will

be summarily rejected and then the same will be retained in

unopened condition with MSRTC.

D2. Qualification criteria

Only vendors who fulfill pre qualifications mentioned in “Pre-

Qualification Criteria” enclosed at Annexure A of the tender

are eligible to participate in tender.

D3. Clarification of offer

To assist in the scrutiny, evaluation and comparison of offers,

General Manager (S&P) may, at his discretion, ask some or all

vendors for clarification of their offer. The request for such

clarifications and the response will necessarily be in writing

E) Award of Contract

E1. Award Criteria • First only qualification criteria would be evaluated based on

supporting documents submitted by respective vendors. The

vendors who are fulfilling qualification criteria given in the

tender document, only their technical offers would be further

evaluated to check submission of all required technical

information pertaining to product specifications and

documents as specified in the tender documents are

submitted or otherwise.

• The vendors who are meeting pre-qualification criteria

prescribed in the tender document & whose technical offers

are found to be in accordance with the requirement

mentioned in the tender document would be short-listed &

only their commercial tender will be opened. The opening

date of commercial tender will be informed to such short

listed vendors.

Tender will be allotted to the 1st lowest rate and the

2nd/3rd/4rh and ----- bidders will have to match the rate with L-1

In case the business is allotted to 2 or more bidders, they will

Page 18: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

have to match the rate with 1st lowest bidder and if the 2

nd &

above bidders refused to match the rate, the 100% business will

be allotted to 1st lowest bidder. For allotment of business the

decision of MSRTC will be final and binding on all bidders.

MSRTC will award the contract to the successful Tenderer

whose tender has been determined to be substantially responsive

and to be the most advantageous tender from the point of view

of MSRTC.

It is the discretion of MSRTC to decide whether to select one

or more sources to fulfill its requirement.

E2. MSRTC’s right to accept any Tenders and to Reject any or All Tenders

The General Manager (S&P) reserves the right to accept or

reject any tender and to annual tendering process and reject all

tenders at any time prior to award of contract without thereby

incurring any liability to the affected Tenderer or Tenderers or

any obligation to inform the affected tenderer or tenderers of the

grounds for the MSRTC’s action.

E3. No Commitment to accept lowest or any tender-

i) The General Manager (S&P) shall be under no obligation to

accept the lowest or any other offer received in response to this

tender notice and shall be entitled to reject any or all offers

including those received late or incomplete offers without

assigning any reasons whatsoever. The Corporation reserves the

right to make any changes in the terms and conditions of

purchase order / rate contract applicable to tender.

ii) The General Manager (S&P) also reserves the right to accept

the whole or any part of tender or portion of the quantity offered

any by you.

E4. Tenderers

Offices and Staff:

The tenderer shall furnish the information regarding number of

the offices maintained by them all over Maharashtra along with

their addresses, telephone numbers, fax numbers, e-mail address

etc. The list of the staff employed by them shall be furnished in

the proforma enclosed at Annexure- "U".

E5.Agreement:

The successful tenderer shall execute an agreement within 30 days

from the date of award of contract in the form attached herewith as

Annexure "B".

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E6. Notification of Award

Prior to expiry of the validity period of tender, the MSRTC will

notify the successful Tenderer in writing, to be confirmed in

writing, that its tender has been accepted. The notification of

award will constitute the formation of the contract. No

communication will be made with other tenderers.

E7. Security

Deposit

a) Every tenderer whose tender is accepted either in whole or in

part, must deposit by way of Security Deposit for the due and

proper fulfillment of the supplies an amount equal to 10% of

the estimated values of contract or Rs. 30,00,000/-(Rs. Thirty

Lacs Only) whichever is lower. For business above 300 Lacs

security deposit will be rs. 30 Lacs + 1% of allotted business

above Rs. 300 Lacs. Estimated value is purely tentative value

of purchases, however General Manager (S&P) does not bind

himself to make actual purchases equivalent to estimated

value.

b) The Security Deposit should be submitted within the period

specified in the acceptance/ offer letter sent to the successful

tenderer, failing which MSRT Corporation may cancel the

acceptance of the offer of such tenderer. In case of non-

submission of Security Deposit or cancellation of

acceptance letter, the firm will be blacklisted and will not

be allowed to participate in MSRTC’s Tender enquiry for

next 3 Years.

c) The Security Deposit may please be paid in cash / Demand

Draft for which MSRTC will not pay any interest. If Security

deposit is submitted by Demand draft then the same should

be payable on any Bank in Mumbai, in favour of "MSRTC

STORES & PURCHASE Fund A/c." The Security

Deposit may also be paid in the form of Banker’s Guarantee

Bond. If the amount of Security Deposit exceeds Rs. 10,000/-

, the Bank Guarantee will have to be executed on stamp

paper of the value of Rs.100/- in terms of Section 2(2) (1)

read with Articles 54 of the Schedule – I of the Mumbai

Stamp Act 1958, further amended by notification No.

25(3)(4) Act No 17-1-1993. The Deposit will be forfeited, if

the tenderer fail to render their services ordered by this office

within the date stipulated in the service order or commits any

breach or breaches of any of the terms and conditions of the

contracts. Banker’s Guarantee must be also in the name of

General Manager (S&P), M.S.R.T. Corporation, Mumbai –

400008 and should be valid for 48 months from the date

of issue of contract or 12 months from the date of expiry

of contract period whichever is later.

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d) Any dues to the Corporation on account of recoveries of

penalties, test charges etc. including earlier dues , if any, will

be recovered from the successful tenderers Bank Guarantee,

if not settled by the vendor.

e) The MSRTC reserves the right to withdraw/ reallocate

the share of business to other tenderers, if the successful

tenderer/s does not settle their outstanding dues, if any, to the

MSRTC within a fifteen days from the receipt of intimation

to that effect, by the tenderer.

f) If the Security Deposit is furnished in Govt. Promissory

Notes or Securities, the same will be in the name of General

Manager (S&P) , M.S.R.T. Corporation, Mumbai 400008. A

commission of 2% will be charged by the Corporation for

collection of the interest in the Govt. Securities furnished by

the tenders by way of Security Deposit. g)

E8 Responsibility

of the Auctioneer:

The Auctioneer shall be personally liable and responsible to

MSRTC for any costs and expenses incurred or loss and

damages suffered or likely to be suffered by MSRTC due to any

misrepresentation or fraud committed by the auctioneer and/ or

his employees or agents during the course of business arising

out of this agreement. The Auctioneer shall agree & keep

MSRTC harmless and indemnified from and against all costs

and expenses incurred and all losses and damages suffered by

MSRTC due to or as a result of any misrepresentation or fraud

on the part of Auctioneer and/ or his employees or agents.

E9 Auctioning

Infrastructure

1) The tenderer must have adequate infrastructure to arrange

the e-auctions of large volume of variety materials offered for

disposal in an organization like Road Transport. Such

infrastructures resources should be available to conduct auction

through out Maharashtra & Personnel’s should be well qualified

& experienced in the highly intricate type of business to deal

with auction. The tenderer must be well versed to the different

related aspects of auctions such as lot making segregation,

arrangements necessary to conduct auction in an highly

profitable way, sensitive to various different situations &

unpredictable problems etc & should have well trained staff to

handle such situation/ all problems efficiently. The tenderer

should also be well versed in conducting of auction, evaluating

response of the purchaser for maximum return etc. The tender

should give all details of the facilities & Manpower they have to

conduct auctions.

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2) Auctioneers required to have their own website to display

the e-auction & relevant documents & must be thorough in

operating the e-auction.

3) At the time of e-Auction your representative along with

laptop with internet facility must be required. The representative

to be deputed throughout Maharashtra at the respective

divisions. This is required for the purpose of showing the e-

auction operations, decisions & onwards submission to the

Auction Committee members up to issue of offer letters.

E10 Auctioning

Coordination:

The tenderer should have experience & ability to pursue the

firms so as to ensure that the payments are realized in time from

the successful bidders. He should be well conversant with the

delivery procedure & all other related works & would be

required to co-ordinate & assist the successful bidders as well as

the corporation to have an effective & successful deal.

E11 Auction

Location:

Minimum 3 to 4 auction in a year for minimum 33 units all over

Maharashtra will have to be conducted at any place in

Maharashtra State where MSRTC’s stores are situated or where

the material for auction is available & therefore, it must be

specified in the tender whether the tenderer is in a position to

conduct such auction throughout Maharashtra State, otherwise

the tender will be liable to be ignored. List of location please see

Annexure "D".

E12. Entering into a Contract

At the same time as the MSRTC notifies the successful tenderer

that its tender has been accepted, the successful tenderer shall

enter into a written contract with MSRTC for a period

mentioned in tender schedule.

E13. Right to alter requirement, terms and conditions

i) The General Manager (S&P) reserves the right to alter the

quantities specified in the tenders. He also reserves the right to

add or delete one or more items from the list of items, specified

in the tender. The quantity shown in Annexure "C" is

approximate and is subject to increase or decrease as per actual

requirements. MSRTC does not bind itself to purchase the

entire quantity or a part thereof.

ii) The General Manager (S&P) reserves the right to add/

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modify/delete any of the terms and conditions listed in the

tender. Only those tenderers who accept these conditions in full

will be considered. Final terms and conditions will be given at

the time of placing of order or at the time of entering into

contract with modifications if any.

F ) Payment Term

The payment of commission charges will be released by units

where the auction will be conducted within 30 days on

presentation of bill to concern unit.

The unit will submit the sale of statement eligible for

commission charges and auctioneer will have to submit the bill

for payment as per statement submitted by Division.

The commission for e-Auction Will be calculated & paid on

realized amount of the sales of scrap by auction (excluding taxes

and duties). However, deduction of tax at source (TDS) will be

made as per the current provision under Income Tax Act. The

rate of commission for e-Auction is inclusive of charges of

Advertisement, preparing/ printing of auction catalogue and also

advise / directions for taxes and duties on scrap sold in the

Auction sales.

Payment of Rs.25000/- & above will be made through NEFT

mode only, for which no bank charges/NEFT charges will be

applicable. To avail this facility it is mandatory that tenderer

should open their account in the bank wherein core banking

facility is available. Payment if any below Rs.25000/- same will

be made as per existing payment system by cheque i.e. under

such circumstances bank charges if any will be borne by firm.

It is necessary on the part of firm/tenderer to provide the

relevant information as per Annex-J along with the tender.

G) Income Tax The tenderer should enclose the copy of latest income return

Filed with Income Tax Department.

H) Banker

The tenderer shall furnish the name of his Banker for a reference

Page 23: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

I) Jurisdiction

Any disputes or litigation arising out of or in connection with

the terms of this contract and or supply or supplies made there

under, including any suit to enforce the right or either party

under / or in respect of this contract, shall be instituted and

exclusively triable by the Courts of Competent Ordinary

Jurisdiction within Greater Bombay ( Mumbai) .

Notwithstanding that part of the clause of action may have

arisen outside jurisdiction of such courts and the suppliers

expressly agree to the Jurisdiction of such courts.

K) Force Majeure clause

The services to MSRTC are subject to FORCE MAJEURE

condition then, the only clause acceptable to the Corporation

will be as below and no variation there form shall be made in

any case. While every efforts will be made to carry put the

obligation of the contract, the contract shall not be liable for

non- performance either in whole or in part of any contract offer

any delay in performance thereof in consequence of an Act of

GOD, War, Strike, Lockout, non availability of imported raw

material or any other cause beyond control.

General conditions 1) Failure or breach of the clause shall render the tenderer/s

liable for blacklisting them from the business with MSRTC.

2) Every term shall be mentioned in proper detail and shall be

no ambiguity in terms in the tenderer's response to the

Tender.

3) The tenders shall be free from strikeouts, over-writing,

erasures or other modifications or any clerical, computational

or other errors, failing which such tenders shall be liable for

rejection.

4) Incomplete or erroneous tenders are liable for outright

rejection

5) Tenders not complying with instructions mention ed in the

tender are also liable for outright rejection.

6) The tenders that are not properly sealed as instructed in the

tender or not accompanied with EMD Charges and Testing

Charges (wherever asked for are also liable for rejection.

7) The Responses to the Tender shall be opened on the date,

time and venue specified earlier in the presence of the

officials of MSRTC. The representatives of the tenderers are

requested to remain present with company's authorization

letter at the time of opening of the Technical tenders else

he/she will not be permitted to attend tender opening

Page 24: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

8) a token of attendance. Later MSRTC shall evaluate the

Qualification Criteria and Technical Tender and shortlist the

vendors whose technical tender found to be in accordance

with prequalification.

The commercial Tender will be opened in respect of only

those tenderers, whose Technical tender is qualified. The

representatives of the tenderers are requested to remain

present with company's authorization letter at the time of

opening of the Commercial tenders else he/she will not be

permitted to attend tender opening. The tenderer's

representatives shall sign a document as a token of

attendance.

O) Decision of Disputes

Any disputes that may occur shall be settled at the level of the

Vice Chairman and Managing Director, MSRTC. However if

the dispute pertaining to technical issues, shall be referred to the

Technical Advisory Committee formulated by MSRTC whose

decisions shall be final shall decide the matter.

P) Dues to the Corporation

The General Manager (S&P), MSRTC reserves the right to

himself to recover the amounts, if any, due to the MSRTC

against the earlier and against the contract that may be entered

into against this tender from any amount that may be due from

the MSRTC.

V ) Shortfall Clause

If lower rates & /or better terms than those agreed with M. S. R. T.

Corporation are offered by the firm to the S.T. undertakings during

the currency of the contract, such lower rates & /or better terms &

conditions shall become Ipso-facto applicable to all the contracts with

the M. S. R. T. Corporation & the price & terms & conditions of the

supply shall automatically change with effect from the date of offer of

lower under better terms by the supplier.

W ) Reduced rates offered in the tender by the existing contract holder

If the firm on contract offers reduced rates, terms and conditions in

this tender if compared with the contracted rate, terms and conditions,

then the same will be made applicable for the existing contract from

the date of submission of such offer without your consent.

X) Period of Contract

This tender is invited for purpose of entering into Rate Contract for a

period of 3 years from the date of issue of Rate Contract.

However, General Manager (S&P), MSRTC reserve right to

extend the period of rate contract for further period of 3 months

upon expiry of initial period of 3 years of Rate Contract, if feel

necessary.

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Y) Subletting of Contract

The supplier shall not assign or sublet the contract awarded in

their favour, or any part thereof or any interest therein without

the written permission of the MSRTC and on breach of this

provision the MSRTC may terminate the contract and forfeit

Security Deposit or en-cash the bank Guarantee and withhold all

dues from the MSRTC. Similarly, the Corporation reserves the

right to take such remedial measures as it may think fit.

Z) Subsequent offers

Tenderer is requested to quote their most competitive offer while

submitting the tender itself. Any subsequent offer received after the

closing date of the tender will not be considered for award of

business. However if the firm becomes eligible to get the business

based on rates , terms and conditions quoted in the tender , then while

awarding the contract the benefit of subsequent offer will be availed

without changing the business allotted based on tendered rates , terms

and conditions.

AA) Additional

Conditions

i. Tenderers approaching any of the authority/Officer of the

Corporation, through himself or by his authorized agent to

influence to obtain favorable decision in respect of tender

shall be liable for disqualification and for this breach

Earnest Money Deposit will be forfeited.

ii. Anu sister concern (s) of the tenderer applying against this

open tender, would lead to disqualification of both

tenderer(S). Sister concern means a Company, Society,

Partnership Firm or Proprietorship having one or more

common persons as Director / Partner / Member/ Owner.

General Manager (S&P)

M.S.R.T.Corporation

Mumbai – 400008

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Terms and Conditions of the Tender

PART II

Name of the Item: " Appointment of Auctioneer on commission

basis to conduct e-Auction for Sale of Scrap " as shown in

Annexure "C" Rate Schedule

A) EMD Amount Each Tenderer has to Deposit a sum of Rs. Rs.1,00,000/-(in

words Rs One Lac only) being the Earnest Money Deposit. The

copy of SSI/NSIC Certified copy in support of being SSI/NSIC

approved unit must be enclosed. Earnest Money Deposit which

shall be paid in cash or by Demand Draft OR RTGS on any

working day before the due date and time of acceptance of

tender. Tender must be accompanied by a original receipt of

E.M.D. paid with the cashier at the Stores & Purchase

Department, Mumbai. Earnest Money Deposit may also be

deposited by Demand Draft payable on any Bank in Mumbai, in

favour of "MSRTC STORES & PURCHASE Fund A/c."

B) Commission

for e-Auction

The commission charges will remain fix for entire period rate

contract i.e. for the period of 3 years. No increase in rate of

commission will be granted on any ground.

The commission for e-Auction on realized amount of the sales

of scrap by auction (excluding taxes and duties). However,

deduction of tax at source (TDS) will be made as per the current

provision under Income Tax Act. The rate of commission for e-

Auction is inclusive of charges of Advertisement, preparing/

printing of auction catalogue and also advice / directions for

taxes and duties on scrap sold in the Auction sales.

Payment of Rs.25000/- & above will be made through NEFT

mode only, for which no bank charges/NEFT charges will be

applicable. To avail this facility it is mandatory that tenderer

should open their account in the bank wherein core banking

facility is available. Payment if any below Rs.25000/- same will

be made as per existing payment system by cheque i.e. under

such circumstances bank charges if any will be borne by firm.

It is necessary on the part of firm/tenderer to provide the relevant

information as per Annex-J along with the tender.

( C ) Security

Deposit

The successful tenderer / firm have to submit the security

deposit as mentioned as per terms and condition No. E-7 of part

1 of the tender.

Page 27: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "E"

TERMS & CONDITIONS OF RATE CONTRACT OF E-AUCTION

Part –(A) :- The scope of work of e-Auction will be as under:

DESCRIPTION OF THE MATERIAL COVERED:

This contract covers sale by "e-Auction" of scrap of serviceable/ unserviceable

materials such as ferrous and non-ferrous metals, FI Pumps & other Assemblies,

Scrap buses tyres and tubes, ,used electrical wire PME items, auto spare parts,

empty oil containers, greases, bus bodies components, unmoved/ obsoletes and

surplus new spares parts etc. i.e totally Generated Scrap/ Disposable material and

assemblies in the units of the Corporation. Also of Scrap Vehicles, Scrap

Aluminium, Scrap Engine Assemblies, Scrap Spring Leaves, Scrap Batteries, Burnt

Engine Oil only at units of the Corporation as specified in this contract.

1) CATALOGUE – A detailed catalogue will be prepared by the Autioneer ,

incorporating all the terms and conditions of E-Auction Sale. In the catalogue all

the details i.e. date of E-auction and time schedule, Date of Inspection of Material,

Submission of Registration Forms / Registration Fees are mentioned. The necessary

advertisements for the said E-Auction will be published in News Paper by you. The

catalogue will be displayed on your and our website with all details of processing,

bidding, Terms & conditions of e-Auction. .

2) REGISTRATION & PARTICIPATION:The Registration/ Participation

forms for the said E-auction will be made available along with catalogues and will

be displayed on your website. The bidders, who are interested in purchasing the lots

will have to complete their Registration & participation forms in all respects, and

they should submit these forms along with the concerned documents to you. (Xerox

copies of PAN Card & VAT / TIN No./ CST Registration).

The details of the participation fees lot-wise to be mentioned in the

catalogue:-

• The minimum participation fee will not be less than Rs. 5000/- per lot and it

should be in the multiple of Rs. 1000/- only.

• The participation fee for Scrap Vehicle will be Rs. 5000/-

• The participation fee for the lots sold on PMT basis the base rate of the lot on

PMT basis should be arrived based on 5% value of the scrap value at which

this lot was sold in the previous auction.

• The participation fee for the lots sold on numbers basis the base of the lot per

number should be arrived based on 5% value of the scrap value at which the

lot was sold in the previous auction.

Bidders participation fees will be accepted only by way of DD. All such DDs are to

be drawn in favour of you. All these forms and the DDs for the participation fees

should reach to your office on or before the last date which is mentioned in the

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catalogue. The E.M.D. to be collected by you, within 7 calendar days from the

date of e-Auction and to be deposited to MSRTC, Division on the next day. If party

fails to deposit 25% of E.M.D., then participation fee for the said lot will be

forfeited and will be deposited to MSRTC. This party will be debarred from all the

future auctions of MSRTC for a period of one year from this auction. Once the

Registration Forms are received to your office, individual registrations will be done

online and after registration the necessary login id / password will be issued to the

concerned bidder well in advance by you. After the registration process is over a

detailed list of participants will be sent to the concerned Division. All the

participation fees received will be deposited in your account. The login id &

password will be communicated to the concerned Division as a client id. The

MSRTC Authorities can see the details of auction process on the screen i.e. name of

the bidder and their bid, etc. For the bidders only the highest amount of bid amount

will be displayed.

Before starting of the Auction, the opening bids for individual lots and their

incremental bid is to be confirmed by the MSRTC Authorities and then only the

same will be incorporated in the system. The Auction will start at its scheduled

time, and will be extended as per the timing schedule. During the auction your one

representative will be available on the spot with laptop at Divisional Office to show

the Auction process to the concerned authorities throughout the auction event.

During the auction process if any bid gets stuck up in the beginning only, then the

concerned authorities of the division will be contacted and will be asked whether to

revise the opening bid. For this purpose the specific name of the authorities and

their mobile numbers will be made available to you well in advance. On completion

of auction necessary result sheet i.e.bid sheet and bid history will be made available

to the concerned divisional authorities immediately on the spot for their immediate

decision on the same day. Once the decision is received from the MSRTC, the

amount of participation fee of the successful bidders will be deposited to concerned

Division by way of DDs on the next day. Those who are unsuccessful, for them

their participation fees will be refunded back by way of Cheque of the Auctioneer

after completing all the auction process of the said division.

2) At the time of finalization of lots, if any lot is found rejected then the re-

auction of the lot will be arranged on the same day in consultation with

MSRTC Committee.

3) If the decision of Re-auction is taken, the participants will be informed

immediately by you.

4) After completing e-Auction of this Division, the following documents will be

submitted to the Division by you.

a) The copies of all Registration / Participation Forms along with their

concerned documents.

b) The proof of returning back the participation fees to all the unsuccessful

bidders.

c) Submission of bid-sheets / Bid History obtaining sign of accepted

bidders etc.

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d) Bidder-wise statement of participation fees transferred to the individual

division by way of DDs, collection of 25% amount and deposition to the unit

concerned.

e) After completing all this process, the letter of intent will be issued to all the

successful bidders mentioning their lot details and E.M.D. amounts, balance

amount to be deposited within time stipulated.

5) All these points regarding E-auction are required to be trained and explained

to the concerned Divisional Authorities in person well in advance as well as

of this office.

6) Training to Our Officials, Divisional Auction Committee & Bidders etc.

7) The other terms & conditions are also applicable as per the tender schedule

8)

Part – (B) : 1. PUBLICITY

i) A advertisement of auctions to be held in all above cited units should be published, in Four National as well as Five Regional daily news papers clubbing the

details of the materials to be auctioned at the division in the Region. While giving

advertisement in the news papers, due weight age be given to their daily

circulations. All the particulars of auctions such as date, time and place of auction

with a complete address should be mentioned in the advertisement. The size of

advertisement will have to be cover all details of Scrap Material kept at site, location

of site , date, time etc; for which it may be in size of 15x10 cms. In addition to the

above advertisement also to be informed by the individual to the bidder registered &

advertisement may also given on web site of the Auctioneer & as well as MSRTC

web site. However MSRTC will provide Log in ID & pass ward for the same. The

copies of Advertisement in news paper must be submitted with bills for payment of

commission unless the bill will not be paid.

ii) Besides, sufficient numbers of printed catalogues giving information of the

material to be sold in details with rate of Excise Duty, Sale Tax, Income Tax with

S.C. & TOT applicable, if any, should be mailed to the prestigious buyers along

with the details of Registration of bidder for participation lot wise participation fee

etc. to be mentioned. The details of catalogue to be displayed on website of

auctioneer and MSRTC.

iii) INSPECTION OF MATERIAL: The intending bidders will be allowed to

inspect the listed scrap lot/ scrap material being disposed off by auction during the

working hours & the working days of the concerned Divisional Workshop of

MSRTC. The Inspection of scrap lots will be permitted only for 7 (Seven) days

prior to the date of Auction & upto 1 (One) day before the date of Auction but not

on the date of Auction sale.

2) CAUTION MONEY (REFUNDABLE) FOR OPEN AUCTION: The

intending bidder will have to deposit Refundable Caution Money of Rs.10,000/-

( Rs. Ten Thousand Only ) in the form of Demand Draft / Pay Order in favour

of MSRTC FUND A/C. The Caution Money of Rs.10,000/- (Rs. Ten Thousand

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Only) will be refunded after the complete auctions are over. However, if the

intending bidder from whom the Caution Money of Rs.10,000/- is collected,

obstructs/ backs out in the proceedings the same will be forfeited & lot involved

will be re-auctioned immediately before the end of the Auction with the sole

discretion of the Auction Committee.

3) BID SHEET: The auctioneer shall submit bid sheet completed in all respect

wise bidder/firm name, address, telephone no., description of the scrap material

sold, lot no, quantity, rate, sale value, rate of VAT/CST, EMD, balance value etc

with the bidder's signature

The Auctioneer has to take correct name and address of the bidders/ purchasers

on Bid-sheets with full signature alongwith name.

The copy of every bid sheet will be immediately handed over to Unit concerned

in duplicate i.e for Accounts & Stores and one copy forwarded to this office after

completion of every auction with sign of the purchasers

4)ACCEPTANCE OF BID: Subject to realization of reserve prices, all sales shall

be made to be highest bidder. A person bidding on behalf of another person should

produce a written authority from such other person authorising him to act on behalf

of the such other person in all matters at the auction sale, one person can represent

himself or on behalf another person with authorization only. In the absence of such

authority the bid, if accepted shall be registered in the name of the actual bidder &

he shall be responsible to the General Manager (S&P), MSRTC for any loss etc.,

which might occur to the MSRTC as a result of his action without proper authority.

In the event of any dispute between bidders, the dispute shall be decided by the

Chairman of the Unit Auction Sales Committee hereinafter referred to as

supervising Authority & the lot or lots in question re-auctioned at his discretion. His

decision shall be final & binding on all persons offering bids at the auction. Firms/

individuals blacklisted or debarred by the MSRTC shall not be allowed to

participate in the auction.

The Auctioneers who is an agent of the MSRTC to secure the most

advantages bid for the MSRTC will act & obey the decision of the Auction

Committee to refuse or accept the bid of any bidder without assigning any reason

whatsoever. Auctioneers will invariably announce all the terms & conditions

governing auction/acceptance of offer, sale, finalised by the Corproation before

commencement of the actual sale.

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5) PAYMENT FOR ACCEPTED BIDS:

1) Cash/DD Payments by NEFT. In case of mode of payment by NEFT, concerned

Unit Head will inform NEFT Code of Divisions to the Auctioneer which will be

published in the catalogue for the information of the bidder.

In case mode of payment by NEFT, the successful bidder/ concerned

auctioneer should inform the UTR number of the payment transaction to the

concerned Sr. A.O./A.O./D.A.O with the copy of Babk receipt. The concerned Sr.

A.O./A.O./D.A.O should get confirmation from the concerned bank or from Bank

Manager about the receipt of the payment from the concerned bidder through

NEFT. The successful bidder or concerned auctioneer should bear att service

charges and other charges if any.

1) In case of e-Auction the NEFT payment not less than 25% of the amount of

the bid will be paid within 7 days (excluding the date of auction) to the respective

division. The working days will not include the bank holidays, weekly off of the

Unit ( of Divisional Controller's Office and not of Workshop) and any public

holiday. Participation fee of the buyer will be adjustable with 25% balance payment

of the purchaser only.

2) The sale would be completed on the fall of hammer /acceptance of offer & if the

bidder concerned fails to forthwith pay the initial amount as explained in (1) above

required, the sale shall stand cancelled & lots re-auctioned and action to forfeit the

Registration fee/ e-auction money deposit.

3) Balance value of the bids accepted on the spot or in e-auction will be paid by

the buyer to the concerned Unit Head within 15 (Fifteen) working days from the

acceptance of the bid, unless otherwise extended by the General Manager (S&P),

MSRTC, Mumbai & by Cash or Demand Draft or NEFT in favour of the concerned

Unit Head of MSRTC. The lot or lots purchased should be removed within 50

(Fifty) working days from the date of Auction.

4) If the buyer fails to make the payment of the balance sale value by the

stipulated date or extended date, the bidder shall have to make a payment with

penalty at the rate of 18% (Eighteen Percent) per annum on the balance sale value

for the entire period of delay upto day and date of Admissible delivery period (i.e

initial 50 working days and from the extension of 30 days)

7) DELIVERY OF SOLD LOT/S (AUCTION MATERIAL):

i) The concerned Officer – in –Charge of Stores of the M.S.R.T.C will issue sale

orders with copy to the concerned Accounts Officer and buyer on the basis of which

the buyer will make the payment of balance amount to the concerned Unit Head

either in cash or by demand draft and shall obtain the receipt. After making the

balance payment, the buyer shall approach the concerned officer in charge of

Stores, for release of the goods sold to him. The Officer in Charge of stores shall

them make necessary arrangement for giving the delivery of the goods sold.

The goods sold shall be removed by the buyer for the side of accumulation within

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the period of 50 (Fifty) working days, from the date of acceptance of bid. Deliveries

will be made only during working hours on all working days on presentation by the

buyer to Officer-in-Charge of stores, the copy of sale release order issued. The

buyer will make his own arrangement for transport and he will not be entitled to

claim any facilities or assistance for transport from the M.S.R.T.C.

The delivery period for lots sold will be 50 (Fifty)working days from the date

of acceptance of bid unless otherwise mentioned in the sale release order of

extended by the General Manager (S&P), MSRTC Corpn. The maximum period of

extension would be 30 days with 1% penalty on per day default. No extension will

be granted beyond 30 days.

ii. Notwithstanding the conditions stated above, the purchaser has to complete all

the activities of Payment of EMD, Payment of Balance Amount & entire lifting of

the material purchased by him within the specified period from the date of e-

Auction/ open-auction with or without penalty as the case may be, as per penalty

clauses.

iii. In the event of failure to complete the balance payment within stipulated as

stated above time including grace / extension period allowed by the Seller in writing

EMD/Participation fee paid by the Purchaser would be forfeited. Further the Seller

would resell such lots of the Defaulter – Purchaser without any intimation to him &

at no risk & cost.

And / or

In the event of failure to complete the payment of balance sale value of any lot

prescribed by the bidder within the stipulated period (including extension granted if

any) Initial amount paid shall be forfeited and lot shall be resold as and when

GM(S&P) or his representative this is best without any notice to the bidder.

iv. All taxes, due in respect of the commercial sale under laws in force, shall be

payable by the purchaser to the Corporation in addition to the price before taking

delivery. The Sale tax or any other tax as applicable shall be payable by the

purchaser before commencing the delivery. The delivery will not be given unless

all the payable amount including all the taxes, penalties if levied are paid to the

M.S.R.T.C.

vi. The successful bidder in open action will obtain receipt for part payment

from the auctioneers and the receipt of balance amount of both type of auction will

be given by the concerned unit after receipt of balance payment. The successful

bidder will produce all the receipts in original before taking delivery of the lot.

8) CONDITION OF GOODS: -

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i. The goods will be sold as and where is basis. The whole of the lot or

lots shall be taken from the site of accumulation with all faults and errors in

descriptions or otherwise. Quantities, qualities, sizes measurements, numbers and

weight as stated in the catalogue are approximate and no warrantee or guarantee

shall be implied. Stores are sold on the assumption that bidders have inspected the

lots and know what they are buying, whether they have first inspected them or not.

No complaint will be entertained and no reliance must be placed on any

description.

ii. The quantities indicated in Auction catalogue are without any guarantee and

may vary. However M.S.R.T.C. will not be responsible for any shortfall in quantity

and no complaint for any damage/ losses in this regards will be entertained from the

bidders.

iii. In special cases when the supervising authority proposes to auction any

particular item or items of stores by weight or number and not lot basis,

announcement to that effect shall be made before the stores is put to auction or it

will be displayed on the screen. The bids in such cases shall be calculated on the

actual weight or numbers proposed. This however does not apply to sale in lots.

9) RISK: The goods shall remain in every respect at the risk of the Purchaser from

the date of acceptance of his bid. The Seller shall not be liable/ responsible for the

safe custody and/ or preservation thereof from the date of acceptance till the date of

final removal / delivery of material.

10) AUTHORITY LETTER: If the original buyer wishes to take delivery of the

stores purchased through his representative, he must authorize his representative by

a letter of authority, which shall be presented to the concerned officer in charge of

Stores with his identity.

“The successful bidder or his authorized representative if found indulged in the

malpractices while taking delivery of their lot/lots; the amount paid by them or part

thereof will be forfeited by the respective unit head without any notice and delivery

of the lot will not be given to them. Decision taken by the Unit head will be binding

on the concerned bidder. Further litigations, in such matter will not be binding on

the M.S.R.T.C”.

11) NON-DELIVERY: Where goods are sold on the basis of lots and not by

numbers or Units of measurement, in the event of the lot or lots being found to be

deficient in quantity, quality, size, measurement, numbers and weight as stated in

the catalogue, the purchaser shall have no claim against the M.S.R.T.C. or against

the auctioneers for refund of whole or any part of the purchase money, or loss of

profit, interest, damages or otherwise.

Where goods are sold by weight or other units of measurement and on the

basis of lots and the buyer fails to obtain delivery of the whole or a portion of the

Page 34: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

goods purchased, he shall not be entitled to make any claim or proportionate refund

of the value of the undelivered quantity. He shall not be entitled to claim any

damage loss of profit, interest or compensation on any other account.

1) FAILURE TO TAKE DELIVERY AFTER PAYMENT: The lots paid for

must be completely removed at the buyer’s expenses within the period specified. If

any lot is not removed within the time specified, the M.S.R.T.C. may re-auction the

said lot or lots or portion thereof at purchasers risk and the expenses and while so

doing M.S.R.T.C. may recover in addition to any loss that may be suffered a charge

on account of storage space at the rate of 1% per day on the original sale price of

said lots or portion thereof till the date of resale (Inclusive).

Without prejudice to the rights to resale, the M.S.R.T.C. at its discretion will

permit the buyer to remove the said lot or lots or portion thereof within and

extended period(s) and on payment in advance of a penalty at the rate of 1% percent

per day default on the sale price of each lot or lots or portions thereof remaining

uncleared until the date of final removal (inclusive).

13) CONDUCTING OF SALE BY E-AUCTION:-

a) The Auctioneer will conduct Auction sales in the manner as prescribed in this

contract and you will circulate one set of terms and conditions to the entire bidder

before commencement of auction. The MSRTC may ask to conduct the auction at a

single centralized venue of the auction of the Units of respective Region during the

contractual period. The Centralized venue auction will be conducted at the same

commission rate of this rate contract. You will finalize the auction sale programme

in consultation with office of the General Manager(S&P) for such centralized

venue to be conducted in the allotted regions, if any, during the contractual period

by every quarter.

1. The concerned Unit Head where sale by auction is to be conducted will intimate

you in writing the details of the material offered for sale of auction, along with the

rate of statutory duties i.e Excise. ST(SC TOT IT) etc. You will ensure the

correctness of levies of the correct and appropriate rate of Excise duty/ Sale tax etc.

and that you will make necessary arrangements within a period of four weeks to

conduct Auction sale by getting confirmation for Auction sale programme from our

Regional Manager concern and approval from this office.

2. Auctioneer or his representative will announce/declared all the conditions of

auction sale before commencement of auction. Any special conditions which may

be announced at the time of auction to cover any special losses will form part of the

conditions for sale by auction and also any condition as desired by local Auction

Sale Committee/ Unit head which is beneficial to the Corporation.

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3. All formalities concerning acceptance of Caution money and refund thereof

will be the sole responsibility of the Auctioneer.

4. List of bidders who had paid caution money and participated in Auction to be

given after completion of every Auction sale to concerned units.

14) TAXES : All taxes and duties if applicable on sale under any law or

regulations in force shall be payable by the purchasers to the Corporation in

addition to the offered sale value. No commission will be payable on the taxes and

duties. Any purchaser claiming exemption for the payment of tax or duty on any

ground whatsoever is advised to pay tax/ duty first and then approach respective tax

authority for refund. Delay caused in removal of Stores on account of dispute in

this matter will not be entitle the purchaser immunity from any action for default.

15) ESCALATION CLAUSE. No variation in commission charge shall be

admissible during the period of contract on account of increase in wages/ salary and

/ or increase in the overhead expenses & taxes in conducting auction sale, or on any

other reasons.

16)EXECUTION OF AGREEMENT BOND : Auctioneer will execute an

agreement bond on stamp paper of Rs. 100/-. The expenses will be borne by you.

17)SECURITY DEPOSIT . Auctioneer will have to furnished Bank Guarantee for

due & proper fulfillment of the terms & conditions of the contract.

During the course of contract, our units are likely to raise, claims for non

fulfillment of terms & conditions of this rate contract which Auctioneer will have to

settled immediately failing which we Corporation will compel to approach

Auctioneer's bankers for encashment of above Bank Guarantee.

18) PENALTY CLAUSE - If Auctioneer fail to abide by the terms and conditions

of this contract in conducting sale by auction causing loss or inconvenience directly

or indirectly to this Corporation the General Manager (S&P) or any other on his

behalf shall be entitled to levy such penalty as he may, in his sole discretion, thinks

fit and may also order recovery from your pending commission bills/ Security

deposit etc. or from any other amount due from the Corporation to you.

19) FORCE MAJURE CLAUSE - If the failure has arisen from an act of God or

disorganization of public transport, thunder, flood, lightning, Earthquake, strike or

any other inevitable or unforeseen event beyond human control directly or

indirectly interfering with conducting of sale of auction or any other cause which

the General Manager (S&P) , MSRTC may admit as a reasonable ground for non-

performance of contract obligation as justified by the circumstances of the case, the

General Manager (S&P), MSRTC may forego the claim for any such or

inconvenience as aforesaid.

20) JURISDICTION - Any dispute or litigation arising out of or in connection

with the terms of this contract or dispute regarding commission charges payable

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there under including any suit to enforce the rights of either party under or in

respect of this contract shall be instituted exclusively tribal by the courts of

Competent Authority jurisdiction within Greater Bombay notwithstanding the part

of the cause of action may be arisen outside the jurisdiction of such courts.

21)INCOME TAX - Auctioneer are requested to please indicate his permanent

Income Tax No. in your bills for Commission charges failing which the bill will not

be admitted for payment.

22) SALE TAX CASES - Auctioneer will assist our above cited units for

realization of correct sales tax and excise dues from the successful bidders and

finalisation of Sales Tax cases with the concerned Sales Tax authorities. You will

also assist our units in the finalisation of the earlier assessment which are in dispute

with local Sales Tax authorities.

23) SHORTFALL CLAUSE : If lowest rate of commission & better terms than

those agreed with M.S.R.T. Corporation are offered by you to any other S.T

undertakings / Govt. / Semi-Govt. Organisation/ Statutory bodies during the

contractual period, such lower rate & better terms, conditions shall become lpso -

facto applicable to the contract with the M.S.R.T.Corporation & the commission

rate & terms & conditions of the Auction, shall automatically change with effect

from the date of offer of lower rates and better terms given by the Auctioneer.

24) OTHER CONDITIONS:

a. Re-sale will not be recognized and sale orders and delivery challans shall be

made in the name of the actual buyer only.

b. The buyer shall be responsible for any damages that may be caused to the

premises in taking or removing the lot or lots bought by him. The M.S.R.T.C.

may, at its option arrange to make good such damages and the buyer shall be

liable to pay for the same on demand.

c. In the event of the Auctioneer or the Supervising Authority of M.S.R.T.C.

being of opinion that bidders are forming ring/ cartel and fair prices are not

being realized for goods offered in auction, the auctioneer may stop the sale with

the consent of the Auction Committee.

d. The Auctioneers will have to render all types of help to the units of the

MSRTC to settle Sales Tax & Excise cases arise out of sale of auction.

e. The MSRTC will deduct the appropriate Income Tax from the payable

commission to the auctioneers as per provision of Income Tax Act.

f. The M.S.R.T.C. reserves the right of withdrawing from the sale any lot or

lots advertised in the catalogues prior to the acceptance of any bid for such lot/

lots at an auction without assigning- any reasons.

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g. Whenever any claim for the payment of sum of money arises out of or

under this auction sale against the buyer, the M.S.R.T.C. shall without prejudice

to any other remedy, be entitled to deduct such sum of money from the proceeds

of resale under this contract or from any sum due or which at any time thereafter

may become due to the buyer under this or any other contract with M.S.R.T.C.

and if sufficient amount is not due to buyer to cover the full amount recoverable

from him, the buyer shall pay to the M.S.R.T.C. on demand the balance

remaining dues.

h. The MSRTC shall not be liable but the Auctioneers shall be personally

responsible & liable for any mis-representation or fraud committed by him or his

servants & agents during the course of auction sale or relating to the auction.

i. The possession of the vehicle will not be granted to the purchaser unless a

valid towing permission is obtained by the buyer from the RTO’s office.

Corporation will not hand over any documents related to the scrap vehicle to the

buyer. Dismantling of vehicles within S.T. Premises however will not be

permitted.

j. All disputes and differences arising out of or in any way touching or

concerning this sale whatsoever shall be referred to the sole arbitration of the

General Manager (S&P), M.S.R.T.C. whose decision will be final and binding

on both the parties.

k. No picking, sorting, cutting or breaking up of goods/ material sold will be

permitted. In special circumstances with a view to facilitate easy loading, the

Unit Head of the Unit with recommendation of Delivery Supervisory Committee

and after depositing 100% value of purchased lot may at his discretion give

permission against request in writing from purchaser only. Such permission

however will be accorded on the direct understanding that the delivery order of

such lots must be obtained for the full quantity before packing, sorting, cutting

or breaking.

l. Weighment will have to be arranged by the Purchaser as directed by the

Seller, at his cost and weighing scales are required to be approved and made

valid by Weights and Measurement Department. Loading will be done by the

Purchaser’s labour, however, if the wieghment facility is available and provided

by the Seller the weighment of the purchased lot/s will be made on the seller’s

weighbridge in the presence of Scrap Delivery Committee of the respective Unit/

Division/ Workshop of the seller. In such cases the Purchaser has to pay the

wieghment charges to the MSRTC Unit. The weighment of the material should

be done as per decision of the Supervisory Committee on one or more

weighbridges.

m. Other Terms & Conditions regarding e-auction i.e Registration Procedure,

Participation fee, bid increment, e-auction venue, start time, end time, maximum

extension time etc will be decided before e-auction by the MSRTC with

consultation of the Auctioneers.

Page 38: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "A"

Pre-qualification criteria for participation in Tender for " Appointment of

Auctioneer on commission Basis"

Necessary documents mentioned in this Annexure must be enclosed in

technical Tender and reference of page No. of Tender documents be given in

respective coloumn.

Sr.

No

Revised & proposed for tender to

be called

Documents be complied. Ref.

No.

1 Tenderer must pay EMD of Rs

1,00,000/- (Rs One Lac only).

D.D. from Schedule/Nationalized

Bank OR through RTGS Our (G-

12) Receipt UTR No etc, for

payment of EMD should be

enclosed.

2 The tenderer must be registered

Auctioneer for last three years

i) Self attested zerox copy of

registration under service tax/sales

tax/shop & establishment act etc.

ii) The list of major govt./semi

govt. deptts, public limited

companies On behalf of which the

auctions are carried be submitted

by the bidder on his letter head.

3 Tenderers shall have minimum

two years experience for

conducting e-Auction/open

auction for Central /State

Governments, Public Transport

Undertaking,/semi.Govt.Organisat

ion/Public limited Companies.

Self attested zerox Copies of the

letter of appointment / contract

entered into or any other

document as an evidence for

appointment as auctioneer. The

deptt./organization list with date

of auctions be enclosed.

4 The average auction sale i.e. e-

auction/open auction by the

bidder conducted during any one

of the preceding three financial

years should be minimum 25

Cores ( Rs. Twenty five Corers

only ). The year wise detail of sale

value of each year shall be

furnished.

The deptt. / Organization wise,

year wise list- with Date of

auctions, No. of lots, lots sold, lots

unsold, sale value etc. must be

enclosed duly certified by the

respective deptt. Officer or

Chartered Accountant must be

enclosed.

Page 39: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

5 Solvency Certificate should be

submitted by the tenderer to prove

his financial condition & shall

submit solvency certificate

amount up to Rs. 25,00,000/- (Rs.

Twenty five lacs only) from any

Nationalized Bank or Competent

Revenue Authority.

Documentary evidence to be

attached. The date of issue of such

certificate shall not be earlier than

two months to the date of opening

of the tender. The tenderer shall

submit the declaration in the

proforma as per annexure 'R'

Attached to tender documents.

Documents in support of

tenderers business

i. Previous Year VAT clearance

Certificate

ii. Bank Account No. & address

of the Bank from where the

tenderer is operating his Bank

Account.

iii. Documentary Proof of

registration under Service

Tax.

iv. Documentary Proof of

registration under Shop &

Establishment Act, Sales Tax

of Maharashtra State & CST.

v. Partnership deed /any other

documents related to

ownership of firm/ Company/

Partnership of the Auctioneers

established

Self attested Xerox Copy be

enclosed against each item.

Page 40: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "F" (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

BIDDERS AUTHORIZATION & DECLRATION LETTER

To:

The General Manager(S&P)

MSRTC Stores & Purchase Deptt.

Mumbai-400008

A) Authorization : (Name of the person authorized)

(Designation)

is hereby authorized to sign relevant documents on behalf of the Company in

dealing with Tender mentioned above. He is also authorized to attend meetings

and submit technical and commercial information as may be required by you in

the course of processing above said tender.

B) Undertaking about non-participation through Sister Concern.

I/we hereby declare that none of our Sister Concern(s) has / have participated in

this tender. I/we are aware that if it is noticed that any of our Sister Concern(s)

having common person(s) as a Director / Partner / Member / Owner has / have

participated in this tender, our tender is liable for disqualification. The action of

disqualification in such case is agreeable to me / us.

The names of Directors / Partners / Members / Owner given in Annex."X"

are correct.

Thanking you,

Authorized Signatory,

------------------------------

(Tenderer's Name and Seal)

Page 41: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "G" (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

ACCEPTANCE OF TERMS & CONDITIONS OF TENDER

To,

The General Manager(S&P)

MSRTC, Stores & Purchase Deptt.

Mumbai. 400 008.

(Bidders Name) (Designation) is hereby

declared that terms and conditions of this Tender no. ___________ due on

____________________(put tender no. & date ) for "Appointment of

Auctioneer on commission basis as shown in Annexure C Rate Schedule " are

accepted in toto.

Thanking you,

Authorised Signatory,

Vendor's Name and seal

Page 42: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "W" (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

CERTIFICATION OF VERIFICATION BY THE CHARTERED

ACCOUNTANT

This is to certify that the annual turnover furnished by M/s. ----------------------

--------------------------------------------- for the last three years i.e. 2011-2012,

2012-2013 & 2013-2014 is as detailed below and as furnished in the enclosed

statement of accounts, is verified by us and found correct.

YEAR

TURNOVER ( Rs. IN Lacs )

2011-2012

Rs.

2012-2013

Rs

2013-2014 Rs

CHARTERED ACCOUNTANT

(SIGNATURE WITH SEAL )

MY MEMBERSHIP No. ------------------------ ADDRESS

Page 43: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "X"(Page 1) (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

Sr

No

Term To be filled by Tenderer

1. Name of the Firm

1a Address of the Registered office of the firm

along with the details of Person to be

contacted, Phone No., Fax No., Gram,

Email No. Etc.

1c Address for correspondence where Rate

Contract are to be send along with the

details of Person to be contacted, Phone

No., Fax No., Gram, and Email No. Etc.

1d Name of proprietor or Partner or Director

of your firm, if a limited concern.

Important Note: Firm will submit

following documents in support of the

details of name of Proprietor or Partner or

Director of the firm.

1. Proprietary Firm- Certificate of shop

& establishment Act or any other

document wherein the name of owner

is mentioned.

2. Partnership Firm- Copy of

Partnership deed.

3. Company (Private/Public Limited – Copy of Annual Report / Copy of

certification from Company Secretary

/ Chartered Accountant specifying the

names of Board of Directors.

1e Permanent Account Number (PAN

Number)

1

Please confirm whether the auctioneer

fulfill the requirement of MSRTC in case

of e-auction. if it is not confirmed the

reasons along with relevant documents for

deviation must be submitted.

2 Whether your Income Tax Clearance

Certificate is attached or not?

3 Name of the Banker’s to whom a reference

can be made about your standings along

with address, telephone no. & fax No.

4 Total Capital

Page 44: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "X" (Page 2) (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

"

5 Turnover of the firm for the last 3 years

(Please enclose audited Balance sheets of

immediate preceding one year)

a) Year 2011-12 = Rs.

b) Year 2012-13 = Rs

c) Year 2013-14 = Rs

6

Date when e-auction process started

7 Details of Last 2 years Income Tax paid

12

Whether the service of e-auctioning is

provided to any S.T. Undertakings. If,

yes furnish the details of year-wise sales

in quantity and value of their item wise

product made to various S.T.

Undertakings for last three years.

If yes ,please furnish documentary evidence

in support of the same.

I/we hereby declare that none of our Sister Concern(s) has / have participated in this

tender. I/we are aware that if it is noticed that any of our Sister Concern(s) having

common person(s) as a Director / Partner / Member / Owner has / have participated in this

tender, our tender is liable for disqualification. The action of disqualification in such case is

agreeable to me / us.

The names of Directors / Partners / Members / Owner given in Sr.No.1d above are

correct.

NAME OF THE TENDERER SIGNATURE & SEAL

Page 45: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "P" (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

ACCEPTANCE OF FIXED PRICE CLAUSE OF TENDER

To,

The General Manager(S&P)

MSRTC, Stores & Purchase Deptt.

Mumbai. 400 008.

(Bidders Name) (Designation) is hereby

declared that we are agreed to Fixed price clause mentioned at Terms &

Conditions Part – II-D this Tender no. ___________ due on

____________________(put tender no. & date ) for "Appointment of Auctioneer on

commission basis as shown in Annexure "C" Rate Schedule".

Accordingly we have offered fixed rates.

Thanking you,

Authorised Signatory,

Vendor's Name and seal

Page 46: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE "J" (This Annexure is to be enclosed along-with Technical Tender.)

(E-Tender No. 301 Closing date 24/11.2014, Opening date 26/11/2014)

For "Appointment of Auctioneer on commission basis to conduct e-auction for Sale of Scrap" C" Rate Schedule"

Details in respect of payments through NEFT mode

Sr.

No. Details to be provided

1 Name of the Tenderer / Firm

along with Address ,

Phone ,

Fax ,

E mail ID

2 Name of the Bank

a Address of the bank

b Fax of bank

c E mail of bank

d Telephone Nos of bank

e Branch Name & Code no of the branch

f MICR No.

g Type of bank Account

h Bank Account No.

i IFSC Code of bank

Date

NAME OF THE TENDERER SIGNATURE & SEAL

Certificate from Bank

This is to certify that the information given above is verified by us & found correct.

We have got core banking facility.

Signature of Bank Manager

Date: Name & Seal of Bank

E:\E-Auction Tender 2008\Tender Form.doc

Page 47: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE “S ”

PROFORMA FOR STATEMENT OF DETAILS OF E- AUCTIONS

/OPEN AUCTION CONDUCTED BY THE AUCTIONEER IN THE

FINANCIAL YEAR 2012-13

(STARTING FROM 01/04/2012 TO 31/03/2013

Sr.

No.

Date of

Auction

Name of

Organization

Type of

Organization

No.

of

Lots

Total

Sale

Value

(Rs.)

Remarks

1 2 3 4 5 6 7

Total for the financial Year

SEAL & SIGNATURE OF TENDERER

PROFORMA FOR STATEMENT OF DETAILS OF E- AUCTIONS/

OPEN AUCTIONS CONDUCTED BY THE AUCTIONEER IN THE

FINANCIAL YEAR 2013-14

(STARTING FROM 01/04/2013 TO 31/03/2014

Sr.

No.

Date of

Auction

Name of

Organization

Type of

Organization

No.

of

Lots

Total

Sale

Value

(Rs.)

Remarks

1 2 3 4 5 6 7

Total for the financial Year

SEAL & SIGNATURE OF TENDERER

Tender No. ST/S&P/SOR/BT/OT/ 301 Due on 28 / 11 /2014

Page 48: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE – "Q"

PROFORMA FOR CERTIFICATE TO BE ISSUED BY THE

ORGANIZATIONS FOR WHOM THE TENDERER HAVE

CONDUCTED E-AUCTION/ OPEN AUCTION SALES IN THE

PRECEDING TWO FINANCIAL YEARS

TO WHOMSOEVER IT MAY CONCERN

This is to certify that M/s _______________________ have conducted following

e-auctions/ open auctions on behalf of us satisfactory:

Sr.

No.

Financial Year Date of

auction

Amount

(Rs.)

Remarks, if

any

20012-20013

Grand Total for the Financial Year

2013-2014

Grand Total for the Financial Year

SEAL & SIGNATURE OF Organisation

Tender No. ST/S&P/SOR/BT/OT/ 301 Due on 28 / 11 /2014

Page 49: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

ANNEXURE –" R"

DECLARATION REGARDING VALIDITY OF SOLVENCY CERTIFICATE

I/ we hereby certify that the Solvency Certificate submitted alongwith Tender

document is valid on the date of opening of Tender. In case this certificate is

found to be incorrect in any manner, I/ we confirm that I/ we will be actionable as

per the Law in force.

SEAL & SIGNATURE OF TENDERER

Page 50: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Tender No. ST/S&P/SOR/BT/OT/ 301 Due on 28 / 11 /2014

ANNEXURE –" U "

PROFORMA FOR STATEMENT OF STAFF EMPLOYED BY THE

AUCTIONEER FOR THE WORK OF E-AUCTION/ OPEN AUCTIONS

Sr. No. Location of Office No. of Employees

engaged

1 2 3

Sr. No. Name of The Employee Designation

SEAL & SIGNATURE OF TENDERER

Page 51: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Tender No. ST/S&P/SOR/BT/OT/ 301 Due on 12 / 11 /2014

ANNESURE "D "

List of Addresses of Divisional & Regional Offices of M.S.R.T.C. where e-

Auction are to be conducted

Name Address e-mail address /Phone No.

Mumbai Region

Mumbai Division The Divisonal Controller,

S.T.Mumbai Division,

Kirol road, Vidhyavihar (W)

Mumbai – 400 086.

Statmumbai

[email protected]

9522-25093143

Palghar Division The Divisonal Controller, S.T

Palghar Division,

District – Palghar,

Palghar - 401 404.

[email protected]

9525555-252278

Thane Division The Divisonal Controller,

S.T Thane Division ,

Pachpakhadi, L.B.S. Marg,

Opp. Vandana Cinema House,

Thane – 400 602.

[email protected]

9522-25341569

Raigad Division The Divisonal Controller,

S.T.Raigad Division,

Ramwadi, Pen – 402 107.

[email protected],

9521430252116

Ratnagiri Division The Divisonal Controller,

S.T.Ratnagiri Divisionl

Workshop,MIDC, Ratnagiri.

[email protected]

952352-228416

Sindhudurg

Division

The Divisonal Controller,

S.T.Sindhudurg Divisionm

Kankawali – 416 602

[email protected]

952367-232009

Nasik Region

Nasik Division The Divisonal Controller,

S.T. Nasik Division,Nasik

[email protected]

95253-2309305

Jalgaon Division The Divisonal Controller,

S.T.Jalgaon Division,

Opp. New bus stop,

Dist – Peth, Jalgaon – 425 001.

[email protected]

95257-2229431

Dhule Division The Divisonal Controller,

S.T Dhule Division,

S.T.Divisional Workshop Dhule.

[email protected]

952562-281011

Ahmednager

Division

The Divisonal Controller,

S.T.Ahmednagar Division,

Kotla Road (Sirjepur),

Ahmednagar

[email protected]

95241-226609

Ahmednagar

Division

Divisonal Workship,

S.T. Shrirampur ,

[email protected]

95241-2216609

Pune Region

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Pune Division The Divisonal Controller,

S.T.Divisional Workshop,

Dapodi - Pune -411 012.,

[email protected]

9520-27144223

Satara Division The Divisonal Controller,

S.T.Satara Bus Station,

Stara – 415 011.

[email protected]

952162-238170.

Sangli Division The Divisonal Controller,

S.T.Divisional Workshop,

Sangli Division,

Chandanwadi, Miraj.

[email protected]

95233-2211485

Kolhapur Division The Divisonal Controller,

S.T.Divisionl Workshop,

Tarabai Park, Kolhapur.

[email protected]

95231-2651805

Solapur Division The Divisonal Controller,

S.T.Solapur Division,

Budwar Peth, Solapur – 413 002.

[email protected]

95217-2733338.

Aurangabad Region

Aurangabad

Division

The Divisonal Controller,

S.T.Aurangabad Division,

Bhagya Employment Office,

Opp. Dr.Pargaonkar Hospital,

Railway Station Road,

Aurangabad – 431 001.

[email protected]

95240-2334536

Beed Division The Divisonal Controller,

The Divisionl Workshop,Beed

[email protected]

Parbhani Division The Divisonal Controller,

S.T.Parbhani Division,

Ganga Road,

Parabhani – 431 401.

[email protected],

[email protected]

952452-220517

Nanded Division The Divisonal Controller,

S.T.Nanded Division,

Nanded – 431 602.

[email protected]

952462-260879

Osmanabad

Division

The Divisonal Controller,

S.T. Divisional Workshop ,

Tuljapur Road,

Osmanabad 413 501.

[email protected]

952472-251416

Latur Division The Divisonal Controller,

S.T.Latur Division,

Ambejogayi Road,

Old Renapur Naka,

Latur – 413 512.

[email protected]

952382-228203.

Jalna Division The Divisonal Controller,

S.T.Jalna Division,

Near Railway Station,

Nagpur – 440 001.

[email protected]

922482-220109

Nagpur Rigion

Nagpur Division The Divisonal Controller, [email protected]

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S.T.Nagpur Division,

Near Railway Station,

Nagpur – 440 001.

9571262726041

Bhandara Divison The Divisonal Controller,

S.T.Bhandara Division,

Nagpur Road,

On National Highway No. 6,

Bhandara – 441 904.

[email protected]

957284-252507

Chandrapur

Division

The Divisonal Controller,

S.T.Chandrapur Division,

Durgapur Road, Tukum,

Chandrapur – 442 401

[email protected]

957172-250586

Wardha Division The Divisonal Controller,

S.T.Wardha Division,

Near Central Bus Stand,

Wardha - 442 001.

[email protected]

95712-243803

Amravati Region

Amravati

Divition

The Divisonal Controller,

S.T.Divisional Workshop,

Tapovan, Amravati.

[email protected]

95721-2662448

Akola Division The Divisonal Controller,

S.T.Akola Division,

Akola – 444 004.

[email protected]

9574-2435715

Buldhana Division The Divisonal Controller,

S.T.Buldhana Division,

Buldhana – 443 001.

[email protected]

957262-242658

Yawatmal

Division

The Divisonal Controller,

S.T.Yawatmal Division,

R.V.Road,

Yawatmal – 445 001.

[email protected]

957232-242636.

Central Workshop

Dapodi-Pune

The Works Manager,

S.T.C.W.Dapodi,

Pune 411012.

[email protected]

Central Workshop

Aurangabad

The Works Manager,

S.T.Central Workshop,

Chikalthana ,

Aurangabad – 431 210.

[email protected]

95240-2240147

Central Workshop,

Hingana, Nagpur

The Works Manager,

S.T.Central Workshop,

MIDC, Plot No. F-5,

Nagpur – 440 016.

[email protected]

857104-237625

Page 54: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

Tender No. ST/S&P/SOR/BT/OT/ 301 Due on 28 / 11 /2014 ANNEXURE " B"

AUCTIONEERING AGREEMENT

An agreement made this ___________________day of ___________________ between the

Maharashtra State Road Transport M.S.R.T.C. HEREIN AFTER REFERRED TO AS "MSRTC"

which expression shall be deemed to include their successors and assign unless the context requires

different construction, of the one part and M/s __________________________ carrying on business

as auctioneers under the name and style of ___________________________ hereinafter referred to

as "Auctioneers"', which expression shall be deemed to include his/their respective heirs, executors

and administrators unless context requires a different construction of the other part, where it is

agreed as follows:-

1) OBLIGATION TO CONDUCT AUCTYIONS

This agreement shall come into force from__________________________. The auctioneers

shall conduct sales by e-Auctions of scrap material/vehicles and the items included time to time

of the General Manager (S&P), MSRTC, may from time to time at his discretion entrust to him

for disposal by auction at the Area Stores or at any other places of MSRTC. The auction shall be

conducted by the auctioneer personally or by one of the members of his permanent staff sanction

in writing has been obtained from the General Manager (S&P), MSRTC for someone else to

conduct it. All such auction shall be attended by the authorized representatives of the MSRTC to

supervise the auctions and to decide the acceptance or rejection of highest bids on the spot. The

auctioneer shall be only an agent of the M.S.R.T.C. in respect of the subject matter of this

contract to secure the most advantageous bid, leaving it for the auction supervising authority to

accept the same or not and to complete the contract if the bid is accepted. The auctioneer shall be

bound to act in accordance with the decision of such Supervising Authority as to acceptance or

rejection of a bid.

2) SALE ADVERTISEMENT :-

The auctioneer shall at his own expense prepare detailed catalogues in consultation with the

General Manager (S&P), MSRTC or Officer in charge of Stores (Stores Officer) of Area Stores

concerned and on approval of the General Manager (S&P), MSRTC or Officer in charge of

Stores, advertise the availability of such catalogues, the time and the place of auction sales

entrusted to him by hand bills and also by other methods including advertisement through the

press and newspapers to ensure wide publicity internet website and shall conduct such sales in all

respects in such manner as shall be most beneficial in the interest of the M.S.R.T.C. The

auctioneer shall make available at least six copies of the catalogues to the General Manager

(S&P),MSRTC/Officer In Charges of Stores concerned, he shall also make available at least on

copy to each of the prospective purchaser at least ten days before the date fixed for the auction

sale.

3) CONDITIONS OF SALE DETERMINED BY WHOM :-

(A) The auctioneer shall conduct all sales entrusted to him subject to the terms of this

agreement and the conditions of sales set out in Terms & Conditions of auction

hereto, and to such additional conditions as may be prescribed from time to time by

the General Manager (S&P), MSRTC or his representatives.

(B) At the clese of the auction or at the close of each day's sale, when the auction is not

completed in one day, the auctioneer shall furnish the General Manager (S&P),

MSRTC or his local representative with a list of accepted bids and with any such

further information concerning the sale and the purchase as may be required.

4) PAYMENT OF SECURITY DEPOSIT BY SUCESSFUL BIDDER :-

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The auctioneer shall on the fall of the hammer ask the bidder for each accepted bid or bids kept

open for approval for deposit a sum not less than 25% of the amount of bid in cash as Advance

payment/ Spot payment and evidence of his good faith and the case of e-auction within 3 days

(excluding e-auction day). The amount will be collected directly by Maharashtra State Road

Transport Corporation. If the bidder fails to confirm his bid by the payment of Advance payment/

Spot payment the bid shall be forthwith cancelled and the lot re-auctioned. This amount of

Advance payment/ Spot payment will be adjusted towards the cost of auctioned goods.

5) COLLECTION AND DEPOSIT OF SALES TAX :-

The auctioneer has been appointed only as a broker to conduct the auction on commission basis

for rendering service in auctioning the goods. The auctioneer has no authority or demand over

the goods which are the property of the Corporation and the acceptance of any bid will have

the final approval of the concerned Unit Head of the Corporation.

The Sales Tax and other taxes if applicable will have to be paid along with the sale amount

of the Corporation by the purchaser. However, quantum of the taxes should have to be

confirmed and declared before the auction sale by the Auctioneer.

6) COLLECTION AND DEPOSIT OF THE BALANCE :-

(A) The balance of the sale value shall be paid by the buyer through cash or Demand

Draft on the local branch of the State Bank of India within 15 working days of the sale in favour

or the concerned unit heads, Maharashtra State Road Transport Corporation or during the auction

sale. The auctioneers will also submit a list of accepted bids and details of defaults.

(B) LOT SUBJECT TO APPROVAL :-

In case of lots where bids have been kept open for decision by the Supervisory Officers

witnessing the auction sale, the auctioneer shall ensure payment of the balance amount to the

concerned Unit Head from the purchasers within 15 working days from the date of the intimation

of such acceptance.

7) AUCTIONEER'S COMMISSION AND MODE OF PAYMENT:-

(A) The auctioneer's commission will be determined by the concerned officer in charge of

the Stores (Stores Officer ) of Stores and will be payable separately after the auction has been

completed and sale money received and the details of receipts for sale value of the sold lots have

been submitted by the auctioneer to the Stores Officer. No commission will be payable on the

taxes.

(B) The auctioneer will submit his claim for commission on the money realized to the

concerned Stores Officer who will have it checked carefully land after necessary certification pass

it on to the concerned Accounts Officer, Maharashtra State Road Transport Corporation for

payment under advice to the auctioneers.

(C) The auctioneer shall only be entitled to commission on the actual proceeds of sale at

the rate in the First Schedule hereto which will form part of this agreement. When a bid has been

accepted and the Security deposit has been forfeited as a result of failure of the purchaser to pay

the balance amount, the auctioneer shall not be entitled to commission on the forfeited amount of

Security Deposit.

The auctioneer shall not be entitled to any commission on any lot not sold or on any sale in

respect of which stores never existed, nor shall he be entitled to any commission on a sale or part

of the sale which may, at any time and any reason be cancelled irrespective of whether or not he

has been paid his commission in respect of such sale and the commission so paid shall be

recovered from him by the General Manager (S&P), MSRTC or his local representative.

8) AUCTIONEER SHALL NOT BID :-

Page 56: Maharashtra State Road Transport Corporation - e Tenders · phone no. 022-23024032 and may notify to MSRTC in writing to General Manager (S&P), Stores & Purchase Department, Jahangir

The auctioneer shall not either by himself or through any person, bid for or purchase any

lot or acquire any interest thereon at any auctions sale held by the Corporation Auctioneers except

with the prior permission in writing of the General Manager (S&P), MSRTC.

The auctioneer shall be personally liable and responsible to the Corporation, for any costs

and expenses incurred or loss and damages suffered by the Corporation due to any mis-

representation or fraud committed by the auctioneer and or his servants or agents during the

course of business arising out of this agreement. The auctioneer agrees and undertakes to

indemnify from the against all costs and expenses incurred and all losses and damages suffered by

the Corporation due to or as a result of any mis-representation or fraud on the part of the

auctioneer and/or his servants or agents.

9) SECURITY DEPOSIT:-

As security for the due fulfillment by the auctioneer of all his obligations under these presents

the auctioneer shall deposit with the General Manager (S&P), Maharashtra State Road Transport

Corporation, Mumbai, a sum of (Rs.___________/-) Rs.

______________________________________________ in cash or in the form of Demand Draft

be drawn in favour of General Manager (S&P) "M.S.R.T.C.Fund A/C".

10) REMEDIES FOR BREACH OF CONTRACT :-

In the event of the non-fulfillment by the auctioneer of any of his obligations under this

contract and/or where any sum of money be recoverable from the payable under this agreement,

the Corporation shall be entitled without prejudice to the right of the Corporation to take any legal

action against the Auctioneer. The Corporation shall also be entitled to forfeit the Security

Deposit in whole or pat thereof by giving notice in writing by General Manager (S&P),

Corporation or his authorized representatives addressed to the auctioneer which notice shall be

accepted as a valid exercise or the power under this clause.

11) REFUNDS :-

After the expiry of this agreement an its due performance by the auctioneer and on submission

by him of "No Demand Certificate" and on the Stores Officer of the Area Store where auctions

were held under the agreement by the auctioneer. The security deposit shall be returned to him in

full or less any forfeiture made hereunder, for any loss or depreciation thereof while in the

custody of the Corporation.

12) TERMINATION OF CONTRACT :-

This agreement shall remain in force for period of 3 years from the dat of its commencement.

The General Manager (S&P), MSRTC or his authorized representatives shall be entitled to

terminate this agreement by giving on month's notice without assigning any reasons or at any time

without previous notice in the event of the auctioneer not conducting the business entrusted to

him to the entire satisfaction of the General Manager (S&P), MSRTC, as to which the latter's

decision shall be final or in applying to any court, to be declared insolvent or compounding with

his creditors.

In the event of the partners as aforesaid or the dissolution of the partnership, the General

Manager (S&P), MSRTC, shall have the rights, in his individual discretion to terminate the

contract from such date as may be specified by him and no claim for compensation on account of

loss or any other grounds, whatever shall lie against the Corporation in consequence of such

termination of the contract, unless and until the contract is so specifically determined by the

General Manager (S&P), MSRTC the contract shall subject to all the terms and conditions

continue to be operative.

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The local successors to the deceased, his co-owners or Co-partner shall intimate the General

Manager (S&P), MSRTC the fact of the death of the auctioneer or any of the partners within one

week after the date of the event,

13) No guarantee is given as to the value or quantity of the Stores which will be entrusted to

the auctioneer for auction in any given period and no claim will lie against the Corporation on

ground that the services of the auctioneer have not in fact been utilized. The Corporation reserves

the right to sale the materials departmentally or through other agencies during the currency of the

contract.

14) JURISDICTION

Any dispute or litigation arising out of or in connection with the terms of this contract or

dispute regarding commission charges payable there under, including any suit to enforce the

rights or either party under or in respect of this contract, shall be instituted exclusively triable by

the courts of competent ordinary jurisdiction within Greater Mumbai not withstanding that part of

the cause of auction may be arisen outside the jurisdiction of such courts.

15) DISPUTE

Any dispute and difference arising out of this agreement shall be referred to Vice Chairman &

Managing Director, MSRTC whose decision shall be final and binding on both the parties and it

will be not treated as arbitration under the provision of Arbitration and Conciliation Act, 1996.

16) PERIOD OF CONTRCT : -

The appointment of auctioneer for conducting e-action on behalf of M.S.R.T.C., for the period

of three years.\

17) It has been agreed between the parties that stamp duties on this documents shall be paid by

the auctioneer

IN WITNESS THEREOF the parties hereto set their hands the day and year first above

written.

Signed by the General Manager (S&P), MSRTC, for and on behalf of the Maharashtra

State Road Transport Corporation in the presence of

SIGNED BY THE AUCTIONEERS GENERAL MANAGER (S&P)

(full name & Address) M.S.R.T.Corporation, MUMBAI.

1) Signature of Witness Signature of Witness

_______________________

2) Signature of Witness Signature of Witness

_______________________