the odisha mining corporation ltd, regional office ... call notice for w.t no.pdf9 declaration on...

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Signature of the Bidder ,Date:

THE ODISHA MINING CORPORATION LTD,

REGIONAL OFFICE, GANDHAMARDAN

Tender Document for HIRING OF ____________ VEHICLES

CONTENTS

SL NUMBER CONTENTS PAGE NUMBER

1 Notice Inviting Tender 2 2 Important Instructions to bidders(Section-I & II ) 3-9 3 General Term and conditions(Section-III) 9-10 4 Special Terms and conditions(Section-IV) 10-11 5 Technical Bid Form (Section-V) 12 6 Financial Bid Form (Section-VI) 13 7 Letter of authorization (Section-VII) 14 8 Undertaking regarding No Near Relative working in OMC

(Section-VIII) 14

9 Declaration on Service tax (Section-IX) 15 10 Undertaking for engagement of Vehicles on purchase (Section-X) 16 11 Tender compliance sheet (Section-XI) 17 12 Agreement (Section-XII) 18-21

Cost of Tender document: Rs. 525/(Rs.500/+ Rs.25/ VAT)

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The Odisha Mining Corporation Ltd. Gandhamardan Iron ore Mines NOTICE INVITING TENDER

Tender No.08/OMC/ROG/2015. Dated 5th December, 2015.

Notice inviting Tender for hiring of Water Tanker

Open tender is hereby invited from the Sole proprietors/ Travel Agencies/ Tour Operators , for providing services of registered Water Tanker on hire basis for the Regional Office, Gandhamardan Iron ore Miners in the district of Keonjhar, Odisha. The EMD amount for vehicles already in possession is Rs.40000/ for each W/tanker. This amount will be double in case of vehicles proposed to be engaged purchasing new ones. Cost of Tender Paper is Rs.525/ (Including VAT) The schedule of tender is as under:

Last Date of availability of tender Schedule from website21/12/2015 up to 17:00 Hrs. Last date of receipt of tender: 22.12.2015 up to 15:00 Hrs. Date of opening of tender (Technical bid): 23.12.2015 at 15:30 Hrs. The Tender Document shall not be sold and is to be downloaded only from website of OMC, i.e., www.omcltd.in .The cost of the tender document & EMD in the form of DD in favour of The OMC Ltd, payable at State Bank of India, Keonjhar and Bank of India, Suakati is to be enclosed with the bid along with other documents. The tenders completed in all respect must reach this office by registered post/Courier or dropped in the Tender box kept at the Office of the Regional Manager Gandhamardan up to 15:00 Hrs. of 22.12.2015. The Tenders can also be dropped in the Tender box kept for the purpose at the office of the AGM (Mat) OMC Ltd, Head Office, Bhubaneswar. The tenders received after the scheduled date and time will be rejected out rightly. OMC reserves the right to cancel the tender at any stage of bidding without assigning any reason there of . Details of the vehicles required Place of utilisation Quantity

1. Water Tanker 9 KL Capacity. Regional Office. Four nos. Sd/- REGIONAL MANAGER

GANDHAMARDAN IRON ORE MINES.

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IMPORTANT INSTRUCTIONS FOR BIDDERS

SECTION-I

1. The bidder shall give the details of the vehicle it would provide in Section-V (Technical Bid Form). In case the successful bidder fails to provide the vehicles with valid papers within the stipulated days to be indicated in the work order, its performance guarantee (security deposit) will be forfeited and it may be barred from taking part in any tender from this office for next one year. 2. The bidder should enclose self attested copy of registration certificate and valid comprehensive insurance cover and other documents as detailed in section –V in support of the vehicles in point 1 above. This is to be enclosed with the Technical bid (Envelope-1). 3. The bidder should submit TECHNICAL BID FORM duly filled as per Section-V of the bid documents in one Envelope (Envelope-I). 4. The bidder should submit EMD & cost of Tender paper of specified amount in shape of DD in favour of The OMC Ltd payable at State Bank of India, Keonjhar and Bank of India, Suakati. The DD towards EMD & Tender Paper cost is to be enclosed in the Envelope (Envelope-1) containing the Technical bid. 5. The bidder shall submit the “No near relative certificate” as per Section-VIII of the bid documents to be enclosed in Envelope-1. 6. Financial Bid: - The financial bid (Section-VI) duly signed and stamped is to be submitted in Envelope II duly super-scribed as FINANCIAL BID.

SECTION-II 1. ELIGIBILITY OF BIDDERS:

(i) The participating bidder should be a (a) Sole Proprietor (Legal owner of the vehicle) or (b) a Travel Agency or (c) a Tour Operator. The bidder should submit an Identity Proof (for proprietor) / duly attested copy of partnership deed and registration certificate (for partnership firm)/ duly attested copy of MoA and registration certificate of the company (For Travel Agency /Tour Operator). (ii) The bidders, other than sole proprietor, should have at least one vehicle of same category as specified in the Tender registered in the name of proprietor/partners of the firm/ company. If any Tour Operator /Travel Agency desires to engage (a) vehicles not registered in the name of the firm, the authorization in shape of power of attorney from the legal owner of the vehicle in favour of the firm shall have to be submitted or (b) intend to purchase the required category of vehicles for such engagement in the name of the firm and in a position to engage the same within thirty days of receipt of LOI is eligible to participate in the tender. An undertaking in the format as per Section-X to this effect is to be furnished along with the offer in the Technical bid. (iii) In case of a sole proprietor, he/she may or may not be in possession of required number of vehicles but intend to purchase the required category of vehicles for such engagement and in a position to engage the same within thirty days of receipt of LOI is eligible to participate in the tender. An undertaking in the format as per Section-X to this effect is to be furnished along with the offer in the Technical bid. A sole proprietor is not eligible to engage any vehicle not registered in the name of the same proprietor. (iv)The date of Purchase of the Water Tanker from the manufacturer/dealer must be after 01.03.2012

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(v) The bidder, if covered under Service Tax Rule on Hiring of Vehicles, should have Service Tax registration, issued by the Central Excise authority, Government of India and submit the self attested photocopies of the same. In case the bidder is not covered under Service tax it should give a self declaration of the same in the format as per annexure- IX. (vi) The bidder should have PAN and submit the self attested photocopy of the same. (vii) The bidder should be in possession of of registration certificate, valid comprehensive insurance cover in favour of proprietor/partners/firm/lessee, Fitness Certificate, Road Tax, Registration certificate as Commercial vehicle/taxi permit/Contract carriage License and any other documents as applicable under Motor Vehicle Act and Driving License of the Driver proposed to be engaged, self attested copy of such documents is to be enclosed in the bid. For the bidders who propose to engage vehicles after purchasing new vehicles, if awarded with the work, all the aforesaid documents are to be furnished at the time of engagement of the vehicles. (viii)The bidder must not be an employee of OMC or his relative for which an undertaking as per format given in section VIII is to be attached. 2. COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of the bid. The OMC will in no case, be responsible or liable for these costs, regardless of the conduct of the bidding process. (All the documents establishing eligibility of the bidder are to be enclosed in Envelope-1) 3. BID DOCUMENT (a) The Job required, bidding procedures and contract terms are prescribed in the bid document which includes:-

Sl No Title Sections 1 Notice Inviting Tender (NIT) 2 Important Instructions to Bidders -1 I 3 Important Instructions to Bidders -2 II 4 General Conditions III 5 Special Conditions IV 6 Technical Bid Form V 7 Financial Bid Form VI 8 Letter of Authorization VII 9 No Near Relative Working in OMC Certificate VIII 10 Self Declaration on Service tax exemption IX 11 Undertaking for Supply of New Vehicle X 12 Tender Compliance Sheet XI 13 Agreement & Affidavit format XII

(b) The Bidder is expected to go through all instructions, forms, terms and conditions in the Bid Document. Failure to furnish, complete information required as per the bid document or submission of bids not substantially responsive to the bid document in every respect will be at the bidder’s risk and will result in rejection of the bid.

4. PREPARATION AND SUBMISSION OF BID:

The tender should be submitted in two parts namely -Technical Bid (Envelope-1) and Financial Bid (Envelope-2). The Technical bid shall contain all the pages of the NIT (except the Financial bid, i e; Section-VI which is to be duly filled up, signed and enclosed in envelope-2 ) signed in all pages and duly filled up where ever required along with all the required documents. Both, Envelope-I (Technical bid) & Envelope-II (Financial bid) are to be put in a bigger cover which should also be sealed and super-scribed as “Tender for Hiring of _________ ” and shall be sent by post /courier

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addressed to The Regional Manager, The OMC Ltd, Regional Office, Gandhamardan or dropped in person in the Tender box kept for the purpose in the Office of the Regional Manager Gandhamardan Iron ore Mines or office of the AGM (Mat) ,OMC Ltd ,Head Office ,Bhubaneswar . The responsibility for ensuring that tenders are delivered in time would solely vest with the bidder. The OMC shall not be responsible if the bids are delivered elsewhere or late. 5. BID FORM: 5.1. The bidder should submit the Technical bid and the Financial Bid in the format as contained in the tender document. 5.2. The printed Terms and conditions contained in the Tender Document shall form part of Bid as well as Agreement. 5.3. OMC shall not accept any deviations in respect of any conditions as laid down in the bid documents. 5.4. The envelope containing the tender bid should bear the name and complete postal address including telephone no. of the bidders. 5.5. All the pages of the bid document should be signed by the bidder. 6. SUMMARILY REJECTION OF BIDS: Any one or more of the following actions/omissions will cause rejection of the bid: - (a) Any bid, received after the specified closing time. (b) Any bid not accompanied by required EMD & Cost of Tender paper (c) Any bid, without letter of authority from the principal, where ever required. (d) Any bid received unsealed. (e) Any bid, not signed by duly authorized signatory at appropriate places. (f) Any bid, not accompanied by the required documents. (g) Any conditional bid. 7. BID PRICES: (a) Bids with firm price only are accepted. (b) Rates should be quoted in figures as well as in words. (c) Rates must be specified in the format as per Financial Bid in Section-VI enclosed. (d) The Rates for each vehicles to be engaged in Regional Office will be quoted separately and for Mines under the region as one group will be quoted separately as per the Financial bid format.(e) No increase or decrease in the rates shall be allowed for any reason during the validity of agreement. 8. BID SECURITY (EARNEST MONEY DEPOSIT) 8.1 The EMD amount is Rs.40, 000/ (Rupees Forty Thousand) per each Water Tanker. But for bids where in new vehicles are proposed to be engaged after purchase, the EMD amount is Rs.80, 000/ for each Water Tanker. In such cases, If the bidder is awarded with the contract, fifty percent of this EMD amount shall be refunded back by OMC on getting the required vehicles for engagement within the stipulated period. Balance amount of EMD shall be converted to Security Deposit as that of other successful bidders. 8.2 The bidder must enclose the Earnest Money of in the form of Demand Draft in favour of “The OMC Ltd.” along with the Bid. 8.3 No request for transfer of any previous deposit of earnest money or security deposit or payment of any pending bill held by the Corporation in respect of any previous work will be entertained. 8.4 The bidder shall not be permitted to withdraw his offer or modify the terms and conditions thereof. In case, the bidder fails to observe and comply with the stipulations made herein or backs out after quoting the rates, the aforesaid EMD will be forfeited. 8.5 No interest shall be paid on the amount of EMD, deposited against this tender. 8.6 The EMD & unopened price bid of the technically disqualified bidders will be returned as promptly as possible just after evaluation of technical bid. 8.7 The EMD of the unsuccessful bidders whose bids are technically qualified will be discharged/returned as promptly as possible, but not later than seven days after signing of agreement with the successful bidders 8.8 The successful bidder’s EMD (bid security) will be converted to Performance Security upon the bidder’s acceptance of the Work Order and will remain with OMC till end of the Contract period.

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8.9 The EMD (bid security) may be forfeited (i) If a bidder withdraws his bid during the period of bid validity OR (ii) If the successful bidder fails to sign the Agreement OR (iii) If the successful bidder fails to provide the vehicle within the stipulated days of award of work order. 9. PERIOD OF VALIDITY OF BIDS: The Bids shall remain valid for 90 days from the date of bid opening. A bid valid for a shorter period shall be rejected by the OMC as non-responsive. 10. FORMATS AND SIGNING OF BID 10.1. The Tender document shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power of attorney accompanying the bid. The person or persons signing the bid shall initial all pages of the original bid. 10.2 Individual signing the bid or other documents connected with the agreement shall indicate the full name below the signature and must specify whether he signs as:- (a) A “sole proprietor” of the vehicle or constituted attorney of such sole proprietor. (b) A partner of the firm, if it be a partnership firm, in which case he/she must have authority to execute contracts on behalf of the firm and to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or by a power of attorney duly executed by the partners of the firm. 10.3 In case, the bidder is signing as partnership firms, a copy of the partnership agreement, or general power of attorney duly attested by a Notary Public, should be furnished on stamped paper duly sworn of affirmed by all the partners admitting execution of the partnership agreement or the general power of attorney. The attested copy of the certificate of registration of firm should also be enclosed along with the tender. 10.4 In the case of partnership firms, where no authority to refer disputes concerning the business of partnership firm has been conferred on any parties the tender and all other related documents must be signed by all partners of the firm. 10.5 A person signing the tender form or any documents forming part of the tender on behalf of another person should have an authority to bid such other person and if, on enquiry it appears that the persons so signing had no authority to do so, OMC may, without prejudice cancel the contract and hold the signatory liable for all costs, consequences and damages under the civil and criminal remedies available. 10.6 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be initialled by the person or persons signing the bid. In the absence of such an authorization the bid will be considered as non-responsive. 10.7 The bidder should sign and affix his/her firm’s seal, in case of partnership firm or company, at each page of the tender document as the acceptance of the offer. No page should be removed/ detached from this tender document. 10.8 The bidder will submit- (a) Technical Bid: The Technical bid Form should be submitted in the format given in tender document (Section-V) along with all requisite documents. The tender document in original, duly signed each page by the bidder, should also be enclosed with the Technical Bid. All the certificates submitted by the bidder should be valid on the date of tender opening. (b) Financial Bid: The financial bid should be submitted in the format given in the tender document (Section-VI). SUBMISSION OF BIDS 11. SEALING AND MARKING OF BIDS 11.1 The bidder shall seal the bid in an inner and an outer envelope. 11.2 (a) The inner and outer envelopes shall be addressed to the undersigned at the following address: The Regional Manager, OMC Ltd., Regional Office , Gandhamardan Iron ore Mines. (b) The inner and outer envelopes shall bear ”Tender for Engagement of “ _______________ “, the tender number and the words “DO NOT OPEN BEFORE THE DATE OF OPENING.” (c) The inner and outer envelopes shall indicate the name of the bidder to enable the bid to be returned unopened in case,

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it is declared late. (d) Bids delivered in person, shall be delivered in the tender box kept under the charge of the Regional Manager, OMC O/O the RM, Gandhamardan, OMC, or in the office of the AGM(Mat) , The OMC Ltd. Bhubaneswar on or before the date and time specified in the tender document. 11.3 The OMC shall not be responsible if the bids are delivered elsewhere. The OMC shall have no responsibility for the bids‟ misplacement or premature opening, if the outer envelope is not sealed and marked as required by Para 11.2. 12. SUBMISSION OF BIDS: 12.1 Bids must be received by the undersigned at the address specified under Para 11.2 not later than the date and time specified in the tender document. 12.2 The OMC may at its discretion, extend the deadline for the submission of bids by amending the bid documents. 13. LATE BIDS Any bid received after the deadline for submission of bids pursuant to clause 11, will be rejected and returned unopened to the bidder. BID OPENING AND EVALUATION 14. OPENING OF BIDS: The bids will be opened in presence of the bidders or their authorized representatives, who choose to attend, at the date and time specified in Tender Document. The bidder’s representatives, who are present, shall sign in attendance register. Authorisation letter to this effect shall be submitted, as per Section-VII, by the bidder/representative before they are allowed to participate in bid opening. After techno-Commercial evaluation, Financial bids of short-listed bidders shall be opened on a later date on due intimation to the bidders. 15. PRELIMINARY EVALUATION (Technical Bid): 15.1. The OMC shall evaluate the bids to determine whether they are complete and no computational errors have been made. The OMC shall also determine whether required documents have been furnished and the documents have been properly signed. 15.2. The OMC may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation. 15.3. The technical bids will be evaluated in respect to their substantive responsiveness or otherwise. Thereafter, OMC shall open the financial bids of only those firms/bidders whose technical bids are found to be qualifying in the technical evaluation. 15.4 The Technical Bids shall be evaluated strictly on the basis of the eligibility conditions, as contained in Clause -1 of Section-II of the tender document. If any bid does not conform to any of the eligibility conditions, that will be summarily rejected. 15.5 The bids, which are found responsive, shall be considered for opening of the Financial Bids. 15.6 No post bid clarification at the initiative of the bidders shall be entertained. 16. EVALUATION OF FINANCIAL BIDS 16.1 Evaluation of substantially responsive financial bids will be done as follows- The rates quoted by qualified bidders shall be ranked as L-1, L-2, and L-3 onwards in order of Lowest to Highest for each category of Vehicle separately for regional office & Mines. In case of any arithmetical error, such as discrepancy between words and figures, the amount shown in words shall prevail. The decision of OMC in this regards shall be final and binding on the parties. 17. RIGHT OF ACCEPTANCE: The OMC does not bind himself to accept the lowest or any other tender. The OMC reserves the right to accept or reject any bid, and to annul the biding process and reject all bids, at any time prior to award of contract without assigning any reasons whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the ‟OMC” s action. 18.NEGOTIATION: OMC may ask the L-1 bidder for negotiation of rate so as to arrive at a reasonable rate. 19. AWARD OF CONTRACT: The contract will be awarded to the successful L-1 bidder. It is intended to award the contract to one bidder on the basis of lowest evaluated bid prices provided the bidder

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is having the requisite number of vehicles of the category in which his quoted price ranks L-1. In case the L-1 bidder is not capable of providing the required number of vehicles then L-2, L-3 bidders onwards will be asked to provide the vehicle on the rate negotiated and finalised with L-1 till the required number of vehicles are met. In case the required number of vehicles are not fulfilled from the existing technically qualified bids, the L-1 rate finalised after negotiation by the regional TPC shall be taken as the base rate and offers will be called for from interested bidders by way of a Notice to be displayed in the Notice Board of the Regional Office to engage vehicles in the same Rate subject to fulfilling all terms & conditions applicable in this tender. 20. DURATION/PERIOD OF CONTRACT: The period of contract will be for three years from the date of acceptance of the offer/agreement subject to renewal for every year at the same rate, terms & Conditions as may be considered by the OMC based on the requirement and satisfactory performance of the bidder. In case, at the end of any contract year, the requirement of vehicles is determined less than the original quantity engaged, OMC at its discretion shall terminate the contract of the vehicle considering the age according to the date of purchase. 21. TAX DEDECTION AT SOURCE: Income Tax and any other taxes i.e. Education Cess etc as may be applicable from time to time during the currency of the contract shall be deducted at source from the bills. 22. TERMINATION OF CONTRACT: 22.1 In Case of any default by the Agency and in any of Terms and conditions (Whether general or special), OMC may without prejudice to any other right or remedy which shall have occurred or shall occur thereafter, terminate the contract, in whole or in part by giving 30 days notice in writing to the Agency. 22.2 All Instructions, notices and communication etc under the contract issued in writing and if sent to the last known place of business, shall be deemed to be served on the date, even in ordinary course of post, these would have been delivered to the Agency. Notwithstanding anything contained herein OMC also reserves the right to Terminate the contract at any time or stage during the period of contract, by giving 30 days notice in writing without assigning any reason and without incurring any financial liability whatsoever to the Agency. 23. COMMUNICATION OF ACCEPTANCE: The successful bidder will be informed of the acceptance of his tender by way of Work Order. Before issue of Work Order the bidder is to produce all the Original Documents of the vehicle for verification by the designated official of OMC. 24. SIGNING OF CONTRACT: After acceptance of work Order by the Agency and submission of Performance Guarantee an Agreement will be signed with the successful bidder on the non- judicial stamp paper valued Rs.100 (Rupees One Hundred). 25. ANNULMENT OF AWARD :Failure of the successful bidder to comply with the requirement of clause 25 shall constitute sufficient ground for the annulment of the acceptance of the bid and forfeiture of the bid security (EMD) in which event the OMC may give the offer to any other bidder at its the discretion or call for new bids. 26. PERFORMACE GUARANTEE (SECURITY DEPOSIT): 26.1 The EMD of the successful bidder will be converted to Security Deposit from the date of acceptance. 26.2 The Security Deposit can be forfeited by the OMC in the event of any breach or negligence or non-observance of any Terms/condition of contract or for unsatisfactory performance. 26.3 The performance Security Deposit without interest shall be refunded after successful completion of the contract period. 27. ARBITRATION: If any difference arises concerning this Agreement, its interpretation on the payment to be made there under, the same shall be settled by mutual consultations and negotiations. In the event of any question, dispute or difference arising under the agreement or in connection there with (except as to matter the decision to which is specifically provided under this agreement), the same shall be referred to sole arbitrator, The arbitrator will be appointed by OMC . The arbitration proceedings shall take place at Bhubaneswar and shall be conducted in English. The

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provisions of Arbitration and Conciliation Act, 1996 and the rules framed there under and in force shall be applicable to such proceedings. 28. SET OFF: Any sum of money due and payable to the Agency (including security deposit refundable to him) under this contract may be appropriated by Corporation and set off the same against any claim of the Corporation for payment of a sum of money arising out of this contract or under any other contract made by Agency with the Corporation. 29. FORCE MAJEURE: If any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of god (hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such events be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such on performance or delay in performance under the contract shall be resumed as soon as practicable after such an event may come to an end or cease to exist, and the decision of the Corporation as to whether the supplies/services have been so resumed or not shall be final and conducive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at his option terminate the contract.

SECTION-III GENERAL CONDITIONS OF THE CONTRACT

1. Submission of bid against this offer will bind the bidder to the acceptance of all the conditions specified herein or in NIT unless otherwise agreed by the OMC. 2. The earnest money shall be forfeited by the OMC, , in case the bidder withdraws the offer after opening of the bid and If the bidder fails to act on the instruction of OMC by the specified date. 3. The time period as stipulated in the agreement /Work Order/Contract shall be deemed to be essence of the contract. 4. The agreement shall be governed by the Indian Laws. The Courts at Bhubaneswar shall have jurisdiction to entertain any dispute or the claim arising out of the contract-agreement 5. The vehicle to be supplied by the bidder is to report to the designated Officer of OMC which will be informed in the Work Order .The vehicle shall be utilised for twenty four hours basis. 6. Penalty: 6.1 In case of break down, the vehicle have to be replaced by other vehicle of same type immediately which can be put to service till the resumption of duty of the original vehicle or up to seven days whichever is earlier . In case of non-availability of suitable vehicle a penalty @ Rs. 1000/- per day for light vehicles & Rs.2000./ per day for heavy vehicles shall be imposed for the absence period. The hire charges for the absence period shall not be paid. 6.2 In case of non-availability of the original vehicle beyond seven days the Agency has to substitute a similar vehicle for the remaining period of the contract with same terms & conditions informing the details to the OMC management. However acceptance of the substitute vehicle will be at the sole discretion of OMC who will nominate a committee to inspect the detail document and condition of the substitute vehicle .In this case, a new agreement is to be entered in to by the Agency. 6.3 In case it is found that the fuel supplied to the vehicle is short in the vehicle as per log book, the cost of such shortage quantity shall be recovered at the actual rate of purchase with 17.5% storage charge from the running bill for the same month.

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07. In case of breach of any of the terms and conditions mentioned above, the OMC, shall have the right to cancel the tender without assigning any reason and shall also have right to forfeit the security deposit. 08. The Agency/tenderer shall not assign or sublet the work or any part of it to any other person or party. 09. The tender is not transferable. 10. The Terms of payment shall be as under: 10.1 No payment shall be made in advance and no loan from any bank or financial institution shall be recommended on the basis of the order of award of work. 10.2 The Agency shall submit the bill in the first week of following month of usage for payment, along with the Log-Book, duly verified by the officer concerned using the Vehicle, to the concerned Regional Office. 10.3 Concerned Finance section of the Regional Office shall make payment of the recommended amount by Cheque/Money Transfer to Bank Account of the Agency only. The bills presented for payment must contain Service Tax Registration Number if applicable. The service Tax shall be paid extra as per Government rates applicable from time to time. At the time of payment of bills, the taxes liable to be deducted, if any, shall be deducted at source as per Government rules and guidelines as may be prevailing at the time of payment 10.4 The office of OMC shall be at liberty to withhold any of the payments in full or in part subject to recovery of penalties mentioned in preceding paras. 10.5 The term “payment” mentioned in this Para includes Hire charges for the utilised period due to the Agency arising on account of this contract excluding Earnest Money and Security Deposit which is governed by the separate clauses of the contract.

SECTION-IV SPECIAL TERMS AND CONDITIONS

1. Fuel shall be provided by OMC at the following rate specified below.

Sl.No Type of Vehicle Rate of Fuel in Km/Ltr to be supplied by OMC(applicable for all Regional Office/Mines)

I. 9 KL Water Tanker 05 A POL Slip will be used for getting Fuel which will be signed by a designated Officer of OMC after verifying the Balance Stock of Fuel in the Fuel tank of the vehicle with the Log Book of the vehicle considering the proposed distance to be travelled daily.

2. The Vehicles to be provided by the Agency should be kept neat and clean and in the sound working condition and suitable for usage by the Corporation Officers. 3. All repair & maintenance of the vehicle in course of the contract period shall be the sole responsibility of the owner. 4. Generally Every Sunday shall be allowed as Off Day per week for undertaking any repair, maintenance of the vehicle. However, as per the discretion of the authority off day can be allowed in any other day of the week. 5. All statutory & other liability of the vehicle which may arise in course of operation during the contract period shall be to the sole responsibility of the Owner. 6. The hired vehicle so supplied by the Agency shall be pollution free as per the standards of the Motor Vehicle Act as applicable and Lubricants required in course of the run of the vehicle shall be supplied by the owner of the vehicle. 7. The Agency shall assign the job of driving of hired vehicle only to qualified and expert licensed drivers and also assumes full responsibility for the safety and security while driving. No direct or indirect liability arising out of negligent, rash and impetuous driving which is an offence under section 279 of IPC and any loss caused to the property of OMC have to be suitably compensated by

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the Agency. OMC shall not bear any tortuous liability, vicarious or otherwise for want of any reasonable case or caution on the part of the drivers in the act of driving or use for illegal purpose of the vehicle engaged/supplied to OMC. 8. Agency/Owner of the Vehicle shall be liable for the followings. ( i) Damage caused due to any accident of the vehicle.( ii) Payment for any legal action/Court Cases of compensation payable arising out of any act of the vehicle.( iii) Payment of taxes/surcharges levied by Central/State Govt. (iv) compensation to their employees in case of accident as per Workman’s Compensation Act. 9. The Vehicles will generally be required by the OMC office for operating in their jurisdiction which covers the state of Odisha including Andhra Pradesh for vehicles engaged for Rayagada zone. 10. The driver should be in proper uniform, well versed with Odisha/Andhra routes and he should be well behaved and courteous to the officers. The driver should have a mobile connection with him for the purpose of communication. 11. No accommodation shall be provided to the driver of the vehicle by OMC .The owner is to arrange the same at his own cost. 12. The rates, Terms and conditions once finalized shall be valid and firm for a period of one year and if extended for subsequent two years. 13. Parking Charges, Toll Charges, Municipal/Cantonment board Charges and Inter State Tax while on duty to OMC Office shall be payable on actual basis on submission of the payment receipts / challan / token with the monthly bill. 14.(a)The Agency shall pay the wages not less than the minimum wage of the respective drivers/workers engaged for the purpose corresponding to the nature of work. (b) The Agency shall be fully responsible to comply with all his statutory obligations as employer including all contributions under P.F. and Pension Scheme (EPF) etc. under the Employees’ Provident Fund and Misc. Provision Act, 1952, Employees’ Deposit Linked Insurance (EDLI), Employees’ State Insurance Act, 1948, etc. and all other such obligations/liabilities in respect of their labour engaged by them for the job undertaken under the contract as per applicable statutory provisions/ law and Government Notifications, and will take full liability on this account. OMC will not take any financial liability on this account. The Agency shall give an undertaking in the form of Affidavit to be executed before a NOTARY in a Stamp Paper of Rs.20/ (format enclosed in Appendix-II of the Agreement format) to OMC by citing the above conditions. (c) In the event of failure of the Agency to comply with the above, the company shall be entitled to recover the amount by deduction from any amount payable to the Agency under the contract, including security deposit, or as debt payable by the Agency. (d) The Agency shall be responsible to make payment of Retrenchment Compensation/bonus to their drivers/workers as per statute. 15. In case of Water Tanker, the chassis of the Tanker must be designed according to the Carrying capacity prescribed as per Motor Vehicle Act of govt.

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SECTION-V TECHNICAL BID FORM

To, RM, OMC Ltd. Regional Office, Gandhamardan. Subject: - Submission of Technical Bid in respect of Tender for Hiring of ______. Reference:-_____/OMC/ROG/2015 dated ______.2015 Sir, The technical bid contains the following details- 1. Name of the bidder: _______________________________________________________ 2. Address of Bidder (with Tel. & Mob. No.) : _________________________________ ______________________________________________________________________ 3. Nature of the Ownership :( Sole Proprietor/ Partnership firm/ Company) _________________ 4. PAN Number of the bidder ______________________ 5. Service Tax Registration No. ______________________ 6. Whether existing Vehicle or to be Purchased new: (i) Existing-- - (ii) New---- (Put a tick mark in the appropriate box as applicable) The Details of Vehicles are as below : 7. Quantity & Type of Vehicles proposed to be engaged;

Sl.No. Type of Vehicles

Quantity proposed for engagement

Vehicle Registration No

Make & Model of Vehicle

Manufacturing year & date of Registration of the Vehicle

Date of Purchase of the Vehicle

Remarks

(Self attested photocopy of supporting documents for Sl.No.3, 4& 5 as well as the RC, Purchase Invoice of the vehicle, Permit License, Contract Carriage License if applicable to be attached.) 8. Earnest Money Deposit. (Details):__________________________________________________ 9. Cost of Tender Paper details: ____________________________________________________ Original tender document, signed each page by my authorized representative or me. I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters of the proposed work of the office of OMC, and shall abide by them. I/We further undertake that the information given in this tender are true and correct in all respect and I/we hold the responsibility for the same. Dated at ---------- (Signature of the bidder) (With seal of the firm)

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SECTION-VI

FINANCIAL BID FORM

To,

RM, OMC Ltd, Regional Office , Gandhamardan.

Subject:- Submission of Financial Bid in respect of Tender for Hiring of ___________ Vehicles Reference:-________________ dated _______________

Sir, The Financial bid contains the following details-

A). For supply of ________________ Vehicle:

Sl.No

Type of Vehicle

Quantity of Vehicle to be provided

Place of Utilisation

Rate per Month in Rupees excluding Service Tax In Figures(Rs) In Words

1. Regional Office

2. Mines of the region

Certificates:

1. Certified that the rates quoted above are inclusive of all Taxes/Levies excluding Service Tax imposed by state government / central government for operating light/heavy vehicle and shall be firm throughout the contract period.

2. Certified that I have carefully quoted the rates both in words and figures. In case of dispute, rates quoted in words shall be final.

3. Certified that I agree all the terms and conditions of the tender document.

Dated: -----------

(Signature of the bidder) (With seal of the firm)

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SECTION-VII

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

To RM, Gandhamardan Iron ore Mines,

Subject: - Authorization for attending bid opening on ________ in the Tender respect of Tender for Hiring of Light Commercial Vehicles.

Reference:-___/OMC/ROG/2015 dated ___________

Sir,

I hereby authorized the following person to attend the bid opening for the tender mentioned above on behalf of _________________ (Bidder)

Name Specimen Signature

I.

Signature of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder

(In case of proprietorship firm the certificate is to be given by the proprietor, for partnership firm by all partners and in case of limited company by all the directors of company)

Note:

1. Maximum of One representative will be permitted to attend bid opening. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.

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SECTION-VIII

UNDERTAKING REGARDING NO NEAR RELATIVES

I ……………………………… S/o …………………………… resident of________________________________ representing the Agency …………………………………………………………………………… hereby certify that none of my near relative(s) as defined in the tender document is/are employed in OMC. Nor the vehicle(s) to be engaged by me belong(s) to any employee or his near relative of OMC. In case at any stage, it is found that the information given by me is false/ incorrect, OMC shall have absolute right to take any action as deemed fit without any prior information to me.

SIGNATURE OF BIDDER WITH NAME AND ADDRESS

(In case of proprietorship firm the certificate is to be given by the proprietor, for partnership firm by all partners and in case of limited company by all the directors of company)

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SECTION-IX

Declaration for Exemption/ Non-Exemption of Service Tax

Name of the Proprietor/Firm/Company:-

M/s. ------------------------------------------------------- Address: --------------------------------------------------- Service Tax Registration No. ------------------------------ (If Registration No. is not available please write "Not Available") Name & Address of the Division and Range office where Registered under Service Tax.: ---------------------------------------------------------------------------- ------------------------------------ ------------------------------------- Bidder to mention applicability of one of the following paras and to confirm the same by putting tick mark in the appropriate box below of each para.

A) I/We intend to avail basic exemption under Service Tax after complying with the following

requirements: [ ]

Condition Year Limit

My/ my firms Turnover is less than

Current Financial year till the date of date of submission of bid

Rs 10.00 lakhs

AND

My/my firms Turnover is less than

Previous Financial Year Rs 10.00 lakhs

AND

I / my firm have not obtained Service Tax Registration No or have surrendered Service Tax Registration Certificate

AND

I / my firm will not take Cenvat Credit in Input Services

IF CLAUSE 'A' IS APPLICABLE IN YOUR CASE, PLEASE PUT A TICK MARK [ ]. IN THE BOX OTHER WISE MENTION “N.A."[NOT APPLICABLE]

B) I/my firm do not intend to avail basic exemption under Service Tax Rules, 1994. Accordingly Service tax is applicable which will be charged extra in our bills. [ ]

IF CLAUSE 'B' IS APPLICABLE IN YOUR CASE, PLEASE PUT A TICK MARK [ ]. IN THE BOX OTHER WISE MENTION “N.A."[NOT APPLICABLE]

SELF DECLARATION

I/We, ……………………………………, hereby declare that the above facts and information are true. In case, it is found that the above mentioned figures and declarations are incorrect, in that case we will be personally held liable for the loss caused to OMC at our cost.

** I/We am/are not defaulter in payment of Service Tax in the past.

Date: Place: Signature of the Bidder with Seal

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SECTION-X

Undertaking to engage new Vehicles purchasing from the Manufacturer/Authorised Dealer

I/we do hereby undertake that I have read and understood all the Terms & Condition of the present Tender and solemnly agree to engage the required make & model of the vehicles as per the quantity indicated by me in the Technical bid after purchasing the same from the authorised dealer/manufacturer within a maximum of 30 days of receipt of LOI or Work Order. In case I/We fail to provide the required vehicles within the stipulated period my EMD deposited with the bid shall be forfeited and I/We shall not be allowed to participate in any future tender of the Corporation.

Sl.No Type of vehicle

Make & Model Quantity to be purchased for engagement

Date---- Signature of the bidder

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SECTION-XI

Tender Compliance Sheet

Sub: Tender for hiring of ________ vehicles in OMC.

Ref: _____/OMC/ Dated------------

Sl.No. Description of the document to be submitted Whether complied (Yes/No)

Remarks if any

Put a if qualified & if disqualified (To be marked by Tender Opening Committee)

1 DD towards cost of tender document of Amount Rs 525/-

2 DD towards cost of EMD deposition 3 Submission of ownership proof (for proprietor

firm) / copy of partnership deed and RC (for partnership firm)/ copy of MoA and RC of the firm (for Ltd Company.)/Registration certificate (for Travel Agency)

4 Manufacturing Year ,Date of Purchase of Vehicle 5 Self attested Copy of Service Tax registration 6 Self attested Copy of PAN 7 Self attested Copy of Vehicle Registration and

Insurance Cover

8 Filled up Technical Bid Form 09 Filled up Financial Bid 10 Each page of Tender Document Signed 11 Letter of Authorization for attending the bid

opening

12 Affidavit of No Near Relative of the Bidder/Company employed in OMC

13 Undertaking in case of engagement after purchase of new vehicle.

Signature -------------------------------------------------- Name --------------------------------------------------

Name & address of the firm: -------------------------------------------------- --------------------------------------------

(Signature of the bidder) (With seal of the firm)

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SECTION XII AGREEMENT FOR VEHICLE HIRE

This agreement is made on this ____________________________ day of 201_ between M/s _______________________________________________________ (herein after called the Agency whose term includes its successors and assignees) whose registered office is at ____________________________________________ and is registered under _____________________________________________________ and acting through its authorized official ._____________________________________ , and The Odisha Mining Corporation Ltd.. (Herein after called OMC whose term includes its successors and assignees) whose registered office is situated at OMC House, Bhubaneswar and acting through its authorized official .________________________, at _______ Office at ____________. The Agency will provide vehicles on hire basis for OMC for official use on the terms and conditions herein contained, and at the rate of Rs._______ per Month. The “Agency” has deposited Rs._________________ (Rupees _______________________________________________________) as interest free Performance Security.

Now these present witnesses and it is hereby agreed and declared by and between the parties to these present as followings.

1. The Agency shall during the period of this contract that is to say from _________to ________ or until this contract is determined by such notice as herein after mentioned, will provide _____ vehicles not older than ________ year model, on the rates accepted as described in schedule vide appendix-I to this agreement.

2. The Agency shall comply with all the terms and conditions of TENDER documents contained which are part and parcel of this agreement and forms integral part of this agreement and also the following.

3. The authorities of OMC indicated in appendix-I shall engage the vehicles on monthly basis. It is anticipated that the Agency will supply vehicles to these authorities on regular basis until such time the contract is valid and the parties in agreement are satisfied with the performance of the contract.

4. The Agency agrees with the OMC that every contract of hire order should be subject to the terms of this Agreement for vehicle Hire and in the event of a conflict between these terms and the terms in hire order, the terms of this Agreement for vehicle Hire shall prevail.

5. Agency will provide vehicles to OMC not older than year ______ model, and registered for the commercial purpose only and taxes; insurance etc. due on such vehicles shall be the liability of the Agency.

6. The Agency should provide the particular model or make of vehicle as agreed upon in the contract. The OMC only reserves the right to substitute it with another similar vehicle. If for any reason whatsoever the OMC is not happy with the condition of the vehicle provided, the Agency will be informed immediately and they should accept the liability to replace it as per requirement.

7. Agency will submit bills to the ____________ Section of _____________, of OMC on monthly basis for release of payment by OMC.

8. The driver of the vehicle shall be provided with the RC Book, Driving License and other relevant papers of the vehicle which should be produced as and when required by the Officers or the statutory authorities.

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9. If the Agency fails to provide the vehicle to OMC and if the service is not found satisfactory enough, the OMC shall have the right to terminate the contract in whole or part as per clause 23 of Section II of TENDER Document.

10. In the event of any mechanical failure/ break down of vehicle after its reporting duty, the Agency shall arrange for replacement by another suitable Vehicle. Not-compliance may attract penalty as per Clause 7.1of Section III of Tender Document.

11. In the event of failure on the part of Agency to supply vehicles as mentioned in the preceding paragraph, penalty as per Clause 6.1 of Section III of TENDER Document shall be imposed.

12. In case of any accident resulting in loss or damage to property of life, the sole responsibility for any legal or financial implication would vest with the Agency. OMC shall have no liability whatsoever.

13. The Tender Document No __________Dated _______, which is annexed to this agreement shall form part and parcel of this Agreement and integral part of this agreement. The terms & conditions not specified here in the agreement but given in the Tender document shall form part and parcel of the agreement.

14. That Agency is liable for any legal dispute/cases/claims that have arisen or may arise during the currency of the agreement in respect of vehicles provided by Agency. OMC will not be liable for any loss, damages, etc. suffered/ to be suffered by Agency or third party as the case may be.

15. The Agency shall also be liable for all fines, penalties, and the like of parking, traffic and other criminal offences arising out of or concerning the use of the vehicle during the hire period.

16. In the event of any question, dispute or difference arising under the agreement or in connection there with (except as to matter the decision to which is specifically provided under this agreement), the same shall be referred to sole arbitration of the OMC. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996.

17. If the Agency institutes any legal proceedings against the OMC to enforce any of its rights under this agreement it shall be in the legal jurisdiction of OMC where the vehicle has been hired and not the place where the Agency has his registered office.

Signed ____________________ Signed ________________________

For and on behalf of the OMC For and on behalf of the Agency

Name (caps) ___________________ Name (caps) ____________________

Position _______________________ Position ________________________

Date __________________________ Date ___________________________

In the presence of Witnesses In the presence of Witnesses

1. 1.

2. 2.

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Appendix – I

THE ODISHA MINING CORPORATION LTD

(Part of Agreement for vehicle hire)

Period of Contract: _________________________________

Name of Unit: _____________________________

Sl. No.

Name of Unit

Address

Regd.No. of Vehicles

Allotted for Hire

Monthly Hire Charges Per

vehicle

Make Model

1.

2.

Signed ____________________________ (On behalf of OMC)

Name (in capital letters) _______________________

Position __________________________

Date ____________________________

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Appendix – II

(Affidavit to take full responsibility on all Statutory related matters throughout the Contract period of engagement of the Vehicles to be executed before a

Notary)

(Part of Agreement for vehicle hire)

I/We ______________________________________________ (Name of the owner/Agency) do hereby solemnly affirm and state as follows:

1. That I am/we are the owner of the Vehicle bearing Regn. Number___________________.

2. That I/We shall pay the wages not less than the minimum wages to the drivers/workers engaged for the work under this contract.

3. That I/We shall be solely responsible to comply with all the statutory obligations as employer including all contributions under P.F and Pension Scheme(EPF) etc under the Employees’ Provident Fund and Misc. Provision Act 1952,Employees’Deposit Linked Insurance (EDLI) ,Employees’ State Insurance Act 1948,etc and all other such obligations/liabilities in respect of the Driver/Workers engaged by me for the job under this contract as per applicable statutory provisions /Law and Government Notifications and will take full liability on this account .

4. In the event of failure of the above on my part to comply with the above ,OMC shall be entitled to recover the amount by deduction from any amount payable to me/my firm under this contract including the Security Deposit ,or as any debt payable by me.

5. Further I /we affirm that I/We shall be responsible to make payment of retrenchment compensation to my workers as per statute.

6. That this affidavit is being produced before the authority of The Odisha Mining Corporation Ltd in respect of the work “Engagement of the Vehicle bearing Regd.No._____________ on hire” for the period from ________to ___________ at ____________ office/Mines of OMC Ltd..

Signature of the firm/Agency/Owner of the vehicle.