SALES TAX DEPARTMENT GOVT. OF MAHARASHTRA SALES TAX OFFICE, BHAYANDER NOTICE INVITING e-tender FOR TOURIST VEHICLES

Transcription

1 SALES TAX DEPARTMENT GOVT. OF MAHARASHTRA SALES TAX OFFICE, BHAYANDER NOTICE INVITING e-tender FOR TOURIST VEHICLES The Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander invites bids for hiring of 8 vehicles (Tourist Taxies) for the use of its officers and staff officiated Bhayander and Palghar offices for a period of one year, commencing from The tender documents can be downloaded from at 5.00 p.m. to before 5.00 p.m. from website:- against payment of Rs. 1000/- (Rs. One Thousand only). This Payment is to be made through Online Payment modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS. Tenders will be opened at the office of the Joint Commissioner of Sales Tax, (Vat-Adm) Bhayander, 1 st Floor, MTNL Building, Railway Phatak Road, Bhayander (West) , on at a.m. in front of bidders or their Authorised representatives. All rights are reserved by this office to reject any or all tenders. Sd/- Joint Commissioner of Sales Tax, (VAT-ADM) Bhayander 1

2 TABLE OF CONTENTS SR. NO. CONTENTS TECHNICAL BID DOCUMENT PAGE NO 1 Notice inviting tender 1 2 Notice details 3 3 E-Tender time Schedule 4 4 Instructions to Bidder 5 To 6 5 Procedural part of Contract 7 TO 11 6 List of Documents 12 7 Annexure A 13 8 Annexure B 14 9 Annexure C Draft Agreement Including terms and conditions of contract 16 TO 20 2

3 NOTICE DETAILS Tender Reference Title of Work Cost of blank tender document & Mode of Payment EMD Amount & Mode of Payment Date, Time and Place pre Bid Meeting Venue, Date & time of online opening of tender Address for Communication Contact Telephone & Fax Numbers e-tendering Helpline Support : Monday to Friday 09:00 AM 08:00 PM Saturday 09:00 AM 06:00 PM Joint Commr./Bhayander/Contract vehicles Vehicles on Contract basis for Sales Tax department. Rs. 1000/- (Rupees One thousand Only) (Non Refundable) to be paid through Online Payment Modes i.e. Net Banking, Debit Card and Credit Card during Tender Document Download Stage. Rs /- (Rupees Eighty Thousand Only) to be paid through Online Payment Modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid Preparation Stage. On 08/02/2017 at 02:30 p.m. at office of the Joint Commissioner of Sales tax, (Vat-Adm) 1 st Floor, MTNL Building, Phatak Road, Bhayander west On at a.m. at Office of the Joint Commissioner of Sales tax, (Vat-Adm) 1 st Floor, MTNL Building, Phatak Road, Bhayander west Office of the Joint Commissioner of Sales tax, (Vat-Adm) 1 st Floor, MTNL Building, Phatak Road, Bhayander west Telephone No. 022/ , Ext.319 Telephone: support.gom@nextenders.com 3

4 E-TENDER TIME SCHEDULE Please Note: All bid related activities (Process) like Tender Documents Download, Bid Preparation, and Bid Submission will be governed by the time Schedule given under Key Dates below: Sr. No. Activity Performed by Start Expiry Date Time Date Time Duration 1 Tender Release Department Day (s) 2 Tender Download 3 Bid Preparation Bidders Day(s) Technical Bid 4 Closing Department Price Bid Closing. 6 Bid Submission Bidders Day(s) 05 Day(s) Technical Bid 7 Opening Department Day(s) 8 Price Bid Opening * Dates mentioned here, are scheduled dates for Bid Opening Activities. Any changes in dates of opening of technical and commercial bids shall be notified in Press Notice/Corrigendum section on the e-tendering sub portal of the department before opening of the same. 4

5 INSTRUCTIONS TO BIDDERS GENERAL INSTRUCTIONS: The bidders are requested to familiarize themselves with the use of the e-tendering portal of Government of Maharashtra well in advance 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: 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 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. Bidders will have to pay cost of Tender Document through online modes of payment such as Net Banking, Debit Card and Credit Card during Tender Document Download stage. This payment will not be accepted by the department through any offline modes such as Cash, Cheque or Demand Draft. Similarly, Bidders will have to pay Earnest Money Deposit through online modes of payment such as Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid Preparation stage. This payment will not be accepted by the department through any offline modes such as Cash, Cheque or Demand Draft. The interested contractors / bidders will have to make online payment (using credit card/debit card/net banking) of Rs. 1063/- (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: (Pune Helpline), support.gom@nextenders.com 5

6 For a bidder, online bidding process consists of following 3 stages: 1. Online Tender Document Purchase and Download 2. Online Bid Preparation 3. Online Bid Submission All of 3 stages are mandatory in order for bidders to successfully complete Online Bidding Process. TENDER DOCUMENT PURCHASE AND DOWNLOAD: The tender document is uploaded / released on Government of Maharashtra, (GOM) e-tendering website Tender document and supporting documents may be purchased and downloaded from following link of Maharashtra Sales Tax Department on e-tendering website of Government of Maharashtra, by making payment through Online Payment Modes i.e. Net Banking, Debit Card and Credit Card. If for any reason a bidder fails to make this payment through online modes, system won't allow the bidder proceed further for next stage resulting in his/her elimination from Online Bidding Process. This payment will not be accepted by the department through any offline modes such as Cash, Cheque or Demand Draft. 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 this office. 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 download, 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. 6

7 1. Broad requirements of the contract. PART I PROCEDURAL PART OF CONTRACT 1.1. The Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander invites bids for hiring of Tourist vehicles for use of their officers and staff officiated at Bhayander and Palghar Districts for a period of one year, commencing from 01/04/2017 to 31/03/2018. The period is likely to be further extended for one year. The total requirement of vehicles is 8 (Eight only) vehicles The vehicles are proposed to be hired for a period of approximately twenty four days in a Month, for 200 hours and 1400 kms in a month. Usually the vehicle shall be required to be Provided on all working days in a month, excluding Government holidays. But, if necessary the contractor has to provide the same even on Govt. holidays. The officers staff of Sales Tax Department have a right to use the vehicles outside the jurisdiction of their offices, if required for the purpose of discharging their official duties. 1.3.The Sales Tax department shall also have the right to take additional vehicles on a daily basis if required The detail conditions of the contract shall be as specified in the clause conditions of contracts. 2. Eligibility Criteria The following company / persons are entitled to participate in the Bid ( i ) The bidder should have the experience of running a fleet of vehicles on hire basis for at least 3 years. ( ii ) The bidder should be registered with the authority concerned of State or Central Government, and should fulfill the conditions prescribed in Section 66 of Motor Vehicle Act, 1988 for hiring of vehicles. ( iii ) The bidder should have a fleet of at least 5 vehicles at the time of filling the tender. Adequate proof of the ability to supply vehicles within 7 days of award of contract must be produced. ( iv ) The Annual Turnover from hiring of vehicles should not be less than Rs. 10 Lakh in last 3 Years i.e. Asst. Year , and ( v ) The Sales Tax employees or their near relatives (directly or indirectly) are not allowed to participate in tender. Bidder should not provide a vehicle which belongs to MSTD employee or his near relative. The tenders / vehicles which are found to be of MSTD employees or their near relatives will be rejected and Earnest Money Deposit (EMD) will be forfeited. 3. Documents to be submitted to support eligibility. ( i ) Certificate of registration issued by R.T.O. (ii) Evidence of ownership or possession of vehicles as above. This may include a fact sheet about each vehicle as per Annexure- A and copies of R.C., T.P. certificate by RTO concerned. (iii) Copies of returns of income filed with Income Tax Department along with certified copies of Accounts for Asst. Year , and or certificate from registered chartered accountant to this effect. (iv) The bidder shall be registered with Service Tax department. 7

8 Online Bid Preparation 4. Earnest Money Deposit The Earnest Money Deposit (Refundable) will be Rs. 80,000/- (Rupees Eighty Thousand only) Earnest Money Deposit will be paid through online payment modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during preparation stage. This payment will not be accepted by the department through any offline modes such as Cash, Cheque or Demand Draft. If for any reason a bidder fails to make this payment through online modes, system won t allow the bidder to complete the Bid at preparation stage, resulting in his/her elimination from Online Bidding Process. In bid preparation stage, bidders get access to online Technical and Commercial Envelopes where they are required to upload documents related to technical eligibility criteria and quote commercial offer for the work / items in respective online envelopes. 5.2 Technical Bid: The technical Bid should contain the following documents: i. Fact sheet of the bidder in Annexure -A. ii. Fact sheet of each vehicle that is offered in Annexure- B (one sheet for each vehicle is essential) iii. Other document establishing eligibility as per clause 2 above. iv. Earnest Money Deposit as per clause 4 above. 5.3 Financial Bid: All commercial offers must be prepared 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 anywhere 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. Towards the end of Bid Preparation, once verification of EMD payment is successful, bidder completes the Bid Preparation stage by generating the Hash Values for T1 and C1. Post this, system won t allow him/her to make any further changes or modifications in the bid data. The Financial Bid must be uploaded as per the format in Annexure- C only and any bid uploaded in any other form shall not be valid. The rates are to be quoted inclusive of all taxes including Services Tax. The charges for additional hours beyond 200 hours and additional distance after 1400 km. per month should also be specified. Rates are also to be specified for hiring vehicles on daily basis. Bids where all the above rates have not been specified, shall be rejected. The bid once uploaded shall not be allowed to be withdrawn and the default after acceptance of the bid shall be deemed to be noncompliance of terms of contract and would render security deposit liable to forfeiture. 8

9 Online Bid Submission In 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. Note: During this stage, bidders won t have any capability to make any kind of changes or editing into technical as well as commercial data. INSTRUCTION TO BIDDERS FOR ONLINE BID PREPARATION & SUBMISSION Bidders are required to pay Earnest Money Deposit (if applicable to them) through Online Payment modes i.e. Net Banking, Debit Card, Credit Card and NEFT/RTGS during Bid Preparation Stage. If for any reason a bidder fails to make this payment through online modes, system won't allow the bidder to complete Bid Preparation stage resulting in his/her elimination from Online Bidding Process. Hence, it is strongly recommended to bidders to initiate this payment well in advance prior to expiry of Bid Preparation stage in order to avoid elimination from Online Bidding Process on grounds of failure to make this payment. During the activity of Bid Preparation, bidders are required to upload all the documents of the technical bid by scanning the documents and uploading those in the PDF format. This apart, bidders will have to quote commercial offer for the work / item, for which bids are invited, in an online form made available to them in Commercial Envelope. This activity of Bid Preparation should be completed within the pre-scribed schedule given for bid preparation. After Bid Preparation, the bidders are required to complete Bid Submission activity within pre-scribed schedule without which the tender will not be submitted. Interested contractors / bidders will have to make online payment (using credit card/debit card/net banking/cash Card) of Rs. 1063/- (inclusive of all taxes) per bid per tender to online service provider of e-tendering system (Sify NexTenders) at the time of commencing 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 Bidders section of The date and time for online preparation followed by 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. 9

10 Any amendment to the tender will be placed on sub portal of the Department, who have invited the bids, on e-tendering portal of the Govt. of Maharashtra. The tenderer will not be communicated separately regarding the amendment. 6. Opening of Tender. The bids that are submitted online successfully shall be opened online as per date and time given in detailed tender schedule (if possible), through e-tendering procedure only in the presence of bidders (if possible). 6.1 Tender will be opened on at a.m. in the Office of the Joint Commissioner of Sales tax, (Vat-Adm), 1 st Floor, MTNL Building, Railway Phatak Road, Bhayander (West) in front of Bidders or their authorized representatives TECHNICAL ENVELOPE (T1): First of all, Technical Envelope of the tenderer will be opened online through e-tendering procedure to verify its contents as per requirements. At the time of opening of technical bid the tenderer should bring all the original documents that have been uploaded in the Online Technical Envelope (T1) so that same can be verified at the time of opening of technical bid. If the tenderer fails to produce the original documents at the time of opening of technical bid then the decision of the committee taken on the basis of document uploaded will be final and binding on the tenderer. COMMERCIAL ENVELOPE (C1): This envelope shall be opened online as per the date and time given in detailed tender schedule (if possible), through e-tendering procedure only, 6.2 The Financial Bids will be opened, only if the bidder fulfills the stipulated condition for eligibility as per technical bid and whose vehicles are found to be accepted. 6.3 The Sales Tax Department reserves the right to physically inspect the vehicles before declaring the bidder to be technically qualified. The vehicles for which fact sheet has been given may be produced for inspection. In case, Better vehicles are offered / shown at the time of inspection, or better vehicles are promised to be purchased, the same shall have to be provided in case the contract is finally awarded to the bidder. Any breach in this Condition shall lead to forfeiture of earnest money deposit. 6.4 All bidders unable to produce the vehicles for inspection, may be treated as Non qualified, and no dispute on this account shall be entertained. 7. Acceptance of Bids:- 7.1 Bids shall be evaluated using the following criteria: Rates quoted for 200 hours and 1400 kms. Rates quoted for additional kilometers beyond 1400 kms. Rates quoted for additional hours beyond 200 hours. Rates quoted for hire of vehicles on daily basis for 10 hrs and 60 kms 10

11 7.2 The sales Tax Department reserves the right to take vehicles on hire basis from more than One contractors. At least 60% vehicles will be taken on hire from the bidder who is quoting lowest rate (L- 1 Bidder). 7.3 All the bidders whose bids are within the range of 5% difference of the lowest bid, shall be allowed to match the lowest bid. 7.4 The L-2 bidder (if he is willing to match the L-1 bidder, who is eligible) shall be given a maximum order for 25% of the total requirement. 7.5 The L-3 bidder (if he is willing to match the L-1 bidder, who is eligible) shall be given a maximum of 15% of the requirement. 7.6 The entire balance requirement shall be given to the L-1 bidder. 7.7 Based on the performance of each of the contractors, the Sales Tax Department will have the right to increase or decrease the number of vehicles allotted to each contractor. 8. Signing of agreement:- The successful bidder shall provide a security deposit of Rs. 80,000/- (Rupees Eighty Thousand only) in the form of Bank Guarantee in the name of respective authority of MSTD and sign an agreement as per the enclosed draft within 10 days of intimation of the acceptance of the tender. 9. Others:- 9.1 Sales Tax Department, Government of Maharashtra reserves the right to accept or reject any part of the tender or whole tender, without assigning any reason. 11

12 Final List of Documents to be uploaded Online: The following documents should be uploaded by the bidders in the form of PDF Files in the same order as mentioned below, on the e-tendering website during Online Bid Preparation stage. Sr. No. List of Documents Compulsory / Additional 1 Permanent Account No. (PAN) Compulsory 2 Bidders Fact Sheet as per Annexure- A Compulsory Registration Certificate and Tax Certificate issued by competent authority of each vehicle. Evidence of ownership of vehicles This may include a fact sheet about each vehicle as per Annexure- B and copies of R.C. T.P. certificate by RTO concerned. Copies of returns of income filed with Income Tax Department along with certified copies of Accounts for Asst.Years , and Compulsory Compulsory Compulsory 6 List of reputed Clients (copy of agreement signed with the reputed clients) Compulsory 7 Copies of Returns and challans filed with service tax Department. For Asst.Years , and Compulsory 8 Profession Tax (EC) & (RC):- Proof to be produced. Compulsory 9 All vehicle should have a valid certificate of Pollution under Check (PUC) and minimum Third party insurance. Compulsory Note: During Online Bid Preparation, apart from the above mentioned documents, if any need arises to upload additional documents in Technical Envelope, an option of Upload Additional Documents has been provided in the e-tendering software which will be available to bidders during Online Bid Preparation stage. 12

13 ANNEXURE- A (Bidder s Fact Sheet) 1 Name / Address and telephone No. of the Applicant Contractor. 2 Permanent Account No. (PAN) 3 No. Of vehicles possessed by the Applicant Contractor with RTO registration number of the vehicle (Documentary evidence to be furnished- Registration certificate, Tax certificate, permit copy, PUC etc. issued by the competent authority for each vehicle) and the agreement copy between vehicle owner & applicant contractor specifying the period of contract wherever applicable. 4 The number of vehicles offered 5 Annual Turnover (documentary evidence to be furnished i.e. copy of return of Income field along with Profit & Loss Account etc.) Asst.Year Rs. Asst.Year Rs. Asst.Year Rs. 6 List of reputed Clients (documentary evidence to be furnished i.e. copy of Agreement signed with the reputed clients) 7 No. of years of experience of running a fleet of vehicles on hiring basis. 8 Details of Earnest Money Paid 9 Service Tax :- Proof to be produced. 10 Profession Tax (EC) & (RC):- Proof to be produced. Name & Signature of the Authorised Signatory 13

14 ANNEXURE- B (VEHICLE S FACT SHEET) Photocopy of vehicle to be provided to MSTD should be pasted here Details of vehicles:- Sr.No. Particulars 1 Registration No. of vehicle 2 Date of the R.C. 3 Date of validity of the PUC 4 Nature of insurance coverage and date of validity 5 Year of manufacturing as embossed on engine / chassis 6 Condition of the vehicle including total kms run till date 7 Agreement copy between contractor and vehicle owner (if any) Notes:- 1. Separate fact sheet to be provided for each vehicle. 2. Self-attested Photocopies of the registration certificate, insurance cover and the PUC Certificate of each vehicle should be attached. 14

15 To, ANNEXURE- C FINANCIAL BID The Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander I have read and understood the terms and conditions of the proposed contract to be entered into in the tender No. dated for the supply of tourist vehicles on hire basis for a period of one year commencing from I am quoting the following rates for the supply of vehicles on hire basis asked in your above referred tender. These rates are inclusive of all prevailing taxes as per state and central Government norms in Existence. Sr. No. Description Rate for A.C. Vehicles 1 Rate for monthly hire of vehicle for 1,400 Kms and 200 hours per month 2 Additional Charges for every extra Kilometer 3 Additional Charges for every extra hour 4 Rate for daily hire basis vehicles for 60 Kms and 10 hours per day. I am ready to match the price quoted by the L- 1 bidder: YES / NO Name & Signature of the Authorized Signatory 15

16 Draft Agreement Including terms and conditions of the contract (To be typed on stamp paper of Rs. 100/-) This agreement is made and entered in Thane on this (month) (Year) between Sri/ M / S day of Herein after called as The contractor (which expression shall unless excluded by or repugnant to the context, Including its successors, heir, executors, administrative Representative and assignee) of the one part AND The Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander (here in after referred to as the MSTD of other part). As the Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander had invited the e-tender to provide the tourist passenger vehicles on contract basis for the period to vide e-tender No. /2016, the contractor has offered to enter into a contract with the said MSTD for providing the vehicles on hire basis on the terms and conditions approved by said MSTD. Whereas the contractor has agreed to enter into a contract with the said MSTD for providing the vehicles on hiring basis on the terms and conditions approved by MSTD, Now these presents witness and it is hereby agreed and declared by between the parties to these presents as follow:- 1. Number of vehicles to be provided The contractor will provide 8 (Eight only) vehicles to the MSTD as per the details mentioned in Annexure-A of the tender document. The contractor may substitute these vehicles with that of better quality, make or year of manufacture with the prior approval of the Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander. The vehicles should be of sedan class vehicle and the make TATA Indigo, Maruti Swift Desire, Ford Fiesta and equivalent quality. The vehicle of hire version than this can also be accepted but in no condition the lesser version will be entertained. All the vehicles to be provided should have been manufactured after 1 st of April, The vehicles are required to be air conditioned. No additional payment shall be made in case better quality vehicles are provided. 2. Validity of the contract The contract shall commence on and will be valid up to All the vehicle must report for duty at the designated place at 9.00 a.m. on In case all the vehicles do not report for duty on , the payment shall be made vehicle-wise on a pro-rata basis depending upon the date of reporting of the respective vehicles. The requisite number of vehicles for which the contract is awarded should definitely report for the duties within 7 days from the commencement of the contract, failing which, the penalties as described below shall become applicable. 16

17 3. Controlling Officer. The vehicles shall report to the following officers who shall be the Controlling officers for the purpose of this contract. Sr. No. Controlling Officer Number of vehicles 1 Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander 8 The controlling Officer shall be entitled to appoint any officer working under him as an Assistant controlling officer for each vehicle that is reporting to him. 4. Main Terms of the contract. 4.1 The contractors shall provide vehicles as specified above for the use by the officers of the Department for travel within the juridiction of Palghar & Bhayander Sales Tax offices, as well as other districts as per the requirement of MSTD. 4.2 The vehicles shall be provided on all working days in a month, normally excluding Government holidays (approximately twenty four days in a month). The vehicle will also Report on duty on the National festivals like Independence Day, Republic Day, and Maharashtra day etc. 4.3 The department shall be entitled to use the vehicle for 200 hours and 1400 kms in a month Without paying any additional charges. 4.4 For usage beyond these limits, additional payments shall be made as below:- 1 Use of the vehicle for 200 hour and 1400 kms in a month 2 Payment for each additional hour 3 Payment for additional kilometer 4 Hire charges for additional vehicle on daily basis for 10 hrs and for 60 kms 4.5 The rates include all expenses on account of fuel, driver & all expenses relating to Maintenance, insurance, parking, toll etc. of the vehicle. The Department will not bear any Liability apart from the above hiring charges. 4.6 The driver of vehicle already resumed on duty shall not deny for further travel or further time required, if any in continuation of assignment of officer / staff in discharge official duty. 4.7 The rates are inclusive of all prevailing taxes under state and central Govt. 4.8 The vehicle shall be deemed to be at the disposal of Sales Tax Department during the period of official use. The distance and time shall be measured from time and place of reporting to Place of release only. The kms and time taken from place of parking by the contractor to Place of reporting and vice-versa will not be included in limit of distance and time. Where The reliving place is not the ordinary place of reporting, the ordinary place of reporting shall be deemed to be reliving place. Distance less than one kilometer/ day shall be ignored. All period of time less than one completed hour/day shall be ignored. In case of overnight stay, the hour for which vehicle is signed off at the end of the earlier day and before the commencement of journey on the next day, shall not be counted. However, the driver shall be entitled to an outstation allowance which shall be paid directly to him by the contractor. 17

18 4.9 while computing the amount payable as per clause 4.4 above on account of extra distance and time, over and above the minimum agreed kms per month (1400 kms per vehicle) and hours (200 hours per vehicle), the total of unused kms/hours of all vehicles of the contractor for that month shall be taken into account. If the contract does not commence/ end in the beginning of a month, payment of minimum Charges will be made on proportionate basis The working days in a month shall be taken as 24 for all relevant calculations At the front side of the vehicle, the letters On Govt. Duty OR ÖÆüÖ üöâ Òü ÖÖÃÖ Ö ÃÖê¾ÖÖ ÖÔ should be painted with neat and bold letters. 5. Quality of Vehicles / Drivers. 5.1 The vehicle should be in good condition and should not have been involved in any major accident, should have proper paint and free from any dents, scratches, etc. The vehicle should be with proper seat covers. The vehicle should be kept clean and odour free, suitable for official use. The department would have right to reject any vehicle in case the same does not fulfill the above requirement and the decision of the department on this account shall be final. No disputes shall be entertained on this account in any circumstances. The payment on account of vehicle rejected by department will not be made for period of rejection. If same vehicle found in rejectable condition on further occassion, the said vehicle may be rejected permanently, and contract may be cancelled. 5.2 All vehicles should have a valid certificate of Pollution under Check (PUC) and minimum Third party insurance. 5.3 The drivers employed along with the vehicle should satisfy the following conditions:- 1. Drivers should have minimum 5 years of experience of driving. They should have Licenses for driving passenger vehicles on hire. 2. Driver should be provided with suitable uniform approved by MSTD preferably wear light colored shirt with dark trouser and black/brown shoes. 3. Drivers should be well versed with the roads and the places in districts of Thane, Palghar and adjacent districts. 4. Once the driver has been allotted to a particular vehicle, he should remain with the same vehicle for full contract period. Any change in the designated driver should be intimated to the concerned officer, 24 hours before such change is effected. 5. Driver should be provided with a mobile phone. f) Driver should be decent and well behaved and should not have any criminal cases against him and should not have any past history of accidents. g) Driver should wear Identity Card duly signed by service provider. 5.4 The contractor shall provide dedicated vehicles and drivers and any change in vehicle and / or driver should be made only in very exceptional circumstances. 5.5 Replacement of the vehicle/driver should be provided in the event of a breakdown of vehicle / non-availability of driver. 6. Providing substitute vehicle. In case of vehicle breakdown, a substitute vehicle shall be provided by the contractor immediately. In case vehicle does not report within the reasonable time or does not report at all, the department would have a right to hire a vehicle from the market and the additional cost incurred by the Department will be on account of the contractor and it will be deducted from the bill payment of that month. 18

19 7. Penalty. In case of non-compliance of the above terms and conditions of the contract, a penalty may be levied. The penalty for the defaults is as under:- Sr. No. Nature of default Penalty in Rs. 1 Late reporting 50% of proportionate contract charges per day 2 Non-reporting 300% of proportionate contract charges per day 3 Vehicle unclean, not meeting 50% of proportionate contract charges per day requirements 4 Refusal of duties 100% of proportionate contract charges per day 5 Non-observation of dress code/ uniforms Rs. 100/- for first instance and Rs.200/- for subsequent instances. 6 Change of drivers without Rs.100/- per instance. permission 7 Non provision of substitute vehicle on breakdown 8 Refusal of further assignment given by duty discharging officer/staff Additional cost incurred by the department or 200% of proportionate contract charges per day, whichever is lower. 200% of proportionate contract charges per day The penalty shall be deducted on the basis of the facts reported by duty affected / controlling officer / staff in written from the charges payable to contractor. The deduction of penalties shall not be disposed at any forum. 8. Price variation formula for fuel prices. 8.1 The prices shall remain fixed for the duration of the contract. Price variation shall be allowed once at the start of a quarter, provided that the fuel price has changed by more than 10% from the price of fuel on the day of the contract / last revision. 8.2 The price of the fuel on the day of the contract is Rs. /- liter of HSD. 8.3 formula for any fuel variation will be as follows:- V3 = 0.35(p) {P1-P0/P0} V3 Amount of price variation in Rs. To be allowed for POL component. P Amount payable as per clause 4.4 P0 P1 9. Payments. Price of HSD at Thane as per clause 8.2 above Average price of HSD at Thane / Palghar during the quarter under consideration. Payment of minimum charges agreed upon shall be made after every month. Payment shall also be made on monthly basis on the actual usage of the vehicle by the Department, over and above the minimum charges agreed upon. Payment to the contractor will be made within 45 days from the submission of correct invoice. The penalty on above said ground shall be, deducted from the bill payment of said month only. 19

20 10 Modifications in the quantity / Termination of the Contract In case the quality of vehicles provided by the contractor does not meet the criteria prescribed in clause 5, and the contractor is unable to provide a substitute vehicle within a reasonable time, or if he is penalised two times in a month, the Joint Commissioner shall have right to reduce the number of vehicle that may be taken in the subsequent month by 25%. This quantity may be obtained from any other contractor who is able to provide better quality vehicles and / or service as per the terms and condition of this contract without any tender notice The contract between the MSTD and the contractor can be terminated with a notice period of one month in case the penalty exceeds 20% amount that is due in a month for two or more consequent months. 11. Indemnity. In case of accidents etc. whole liability including any damages, claim, settlements, etc. shall be the responsibility of contractor and the MSTD shall not bear any liability, apart from the hiring charges. The contractor will indemnify for loss / damage of property or life because of negligence of driver, or poor maintenance of vehicle or due to an accident. 12. Security Deposit:- The contractor has to furnish a security deposit of Rs.80,000/- (Rupees Eighty Thousand only) in the form of Bank Guarantee from any nationalized bank having branch in Mumbai/Thane, in the name of Joint Commissioner of Sales Tax, (Vat-Adm), Bhayander Govt. of Maharashtra, for the entire period of contract. 12. Additional Period:- The department shall have the right to take vehicle for an additional period of one year on the same terms and conditions at the expiry of the contract of the service of service provider if it is found satisfactory. 13. The total number of vehicles may be increased or decreased as per the policy of MSTD and one month s prior notice will be given to the contractor for the same. 14. Resolutions of Disputes. All disputes shall be subject to sole arbitration by the Commissioner of Sales Tax Maharashtra State, Mumbai, or by any person nominated by him. Witness 1. Signed and sealed by the contractor in the Presence of. 2. Signed on behalf of the MSTD 20