Proposed Amendment in Kiosk Tender Document. Add Clause No. 4.5(x) in Tender Conditions and Instructions to Tenderer

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1 Proposed Amendment in Kiosk Tender Document Add Clause No. 4.5(x) in Tender Conditions and Instructions to Tenderer 4.5(x) Any bidder and / or any of his director/s, who has been blacklisted or debarred from participating in any tender either by any Government agency or the Corporation or the Public Sector Undertaking shall not be allowed to participate in the tender. The Tenderers shall have to furnish an affidavit on NonJudicial stamp paper of Rs. 200/ duly attested by Public Notary indicating that neither the tendering firm nor any of its Directors have ever been debarred / blacklisted by any Government Agency / Department / Ministry / BES&T Undertaking / MCGM / PSUs, nor convicted for any criminal offence or fraudulent practices by any Court of Law. In case blacklisting is withdrawn letter to that effect should be produced. DCESL

2 Proposed Amendment in Kiosk Tender Document Add Clause No. 1.1 in Tender Conditions and Instructions to Tenderer 1.1 In addition to the above, the Undertaking reserves its right to initiate criminal proceedings against any bidder even after the tender is awarded to them, if they are found to have submitted any information which is untrue / wrongful and misleading. In such cases, the BES&T Undertaking may also impose exemplary fine and forfeit Security Deposit for the same, besides banning / blacklisting the bidder from participating in any future Undertaking s tender for a period of 5 years. DCESL

3 Proposed Amendment in Kiosk Tender Document Amendment in Clause No. 3.0 in Tender Conditions and Instructions to Tenderer 3.0 Offers for the Contract: 3.1 Tenderers may offer their quotations in the Form of Tenderfor Three years of contractual period for payment of Guaranteed Revenue for payment of equal monthly rentalswardwiseor for combined all 9 Wardsfor total poles approx. subject to a variation of about 10% (as on ) belong to BEST (MCGM).The number of poles in each ward of MCGM are as follows : Sr. No. Ward No. of Poles 1 A B C D E F/S F/N G/S G/N 4014 Total 30,673 (Excluding J.J. Flyover, SenapatiBapat Bridge, Tulsi Pipe Bridge, Love Grove Bridge, Sion Flyover &Wadala Truck Terminal Road and all the gardens and playgrounds). However, the tenderer may note that as the total number of poles given herein does not have any direct bearing to the prospective value of the contract, no dispute / representation from the contractor shall be entertained

4 regarding the discrepancy, if any, in the total number of poles made available to the tenderers for advertisement. The approximate number of poles is given in the tender just to give a general idea to the contractor regarding the number of poles available for the purpose of advertisement. ii) Tenderers may offer their quotations wardwiseor combined for all 9 wardsin the Form of Tenderfor Three years of contractual period for payment of Guaranteed Revenue for payment of equal monthly rentals. iii) A tenderer may offer their quotations for any one ward or more than one ward or all the 9 wards or for combined all 9 wards. *Note: Year means a period of 12 months from the date of commencement of the contract. DCESL

5 Proposed Amendment in Kiosk Tender Document Amendment in Clause No. 7.0(i) & (i)(c) in Tender Conditions and Instructions to Tenderer 7.0 Earnest Money: (i) Every tender must be accompanied by Earnest Money Deposit of Rs. Ten lakhs for participating in one wardor Rs. Forty lakhs for participating in more than one ward. The Earnest Money Deposit shall be paid in the following manner: (a) By Cash and / or (b) Demand Draft drawn in favour of the B.E.S. & T. Undertaking and payable at a Bank in Mumbai. (c) The Earnest Money shall be paid at least one day prior to the opening of tender by Demand Draft / pay order only, in favour of the BEST Undertaking and payable at the bank in Mumbai only. The Earnest Money Deposit must be paid on any working day in the Cash Department of the Undertaking at Dadar or Colaba during the Cash hours between a.m. to p.m. and 1.30 pm to 3.00 pm not later than 8/2/2016. (ii) The Tenderer should mention the receipt number and the date in the column provided for this purpose in Form of Tender and enclose the copy of Demand Draft and Earnest Money Deposit paid receipt with the technical offer form along with the Tender Document

6 (iii) No tender will considered unless the Earnest Money is paid before the stipulated period. (iv) (v) No interest will be payable on the Earnest Money Deposit. The Earnest Money deposited by the unsuccessful tenderers will be refunded as soon as possible after the tender is settled and upon the tenderer surrendering to the Supdt. Cash, Colaba of the Undertaking, the receipt for the Earnest Money, duly discharged. (vi) The Earnest Money deposited by the successful tenderer will be refunded as soon as Security Deposit is received. Also the earnest money can be adjusted against the Security Deposit / rentals. (vii) The Earnest Money Deposit will be forfeited in the following circumstances: (a) If the tender is withdrawn after its closing date (refer clause no 14) and before the expiry of the last date of the period of validity mentioned in Clause no. 10 hereinafter. (b) If the successful tenderer fails to deposit the Security Deposit as per Clause No. 21 of the General Conditions of the contract. (c) Should it at any time be discovered that the tenderer has submitted more than one tender, but under different names, all his tenders shall be rejected and Earnest Money Deposit shall be forfeited.

7 (d) Any attempt to contact any one for the award of contract will disqualify the tenderer. DCESL

8 Proposed Amendment in Kiosk Tender Document Amendment in Clause No. 8.0 in Tender Conditions and Instructions to Tenderer 8.0 Acceptance of Tender: Highest bidder will be considered as a successful tenderer. The criteria for decidingsuccessful Tenderer will be as follows : i) Highest bidder in individual ward will be considered first. ii) iii) The amount of highest bids of all individual wards will be summed up. a) If the bidder whose offer for combined all 9 wards is higher than or equal to the sum of highest bids of individual wards, then he will be considered as successful tenderer. b) In case if bid offers are same in combined all 9 wards, then the successful tenderer will be decided by open auction immediately. iv) a) If the bidders whose offers for combinedall 9 wards are less than the sum of highest bids of individual ward then, highest bidder of individual ward will be considered as a successful tenderer for that particular ward. b) In case the bid offers are same in any one ward or more than one ward then the successful tenderer will be decided by open auction immediately.

9 v) In case, if the bid offers are same in combined all 9 wards and the sum of highest bids of all the individual wards then the bidder of combined all 9 wards will be considered as a successful tenderer. For Example : Sr. No. Name of Ward (MCGM) Name of firm participated in the Ward Guaranteed Revenue quoted by Contractor for three years In Figures (Crs.) In Words 1 A 1) P 5 Five 2) Q 7 Seven Highest bidder in the individual ward or Combined offer for all 9 wards 7 Crs. 3) R 6 Six 4) S 4 Four 2 B 1) P 4 Four 4 Crs. 2) Q 3 Three 3) R 1 OneCrore 4) S 2 Two 3 C 1) P 5 Five 5 Crs. 2) Q 1 One Crore 3) R 3 Three 4) S 4 Four

10 4 D 1) P 4 Four 2) Q 6 Six 6 Crs. 3) R 3 Three 4) S 4 Four 5 E 1) P 2 Two 2) Q 1 One Crore 3) R 3 Three 4) S 4 Four 4 Crs. 6 F/S 1) P 2 Two 2) Q 5 Five 5 Crs. 3) R 3 Three 4) S 4 Four 7 F/N 1) P 2 Two 2) Q 1 One Crore 3) R 3 Three 3 Crs. 8 G/S 1) P 7 Seven 2) Q 8 Eight 3) R 9 Nine 9 Crs. 4) S 5 Five 9 G/N 1) P 2 Two 2) Q 5 Five 5 Crs.

11 3) R 3 Three 4) S 4 Four The sum of highest bid of individual ward = 10 combined offers for all 9 wards 1) P 40 Crs. Forty Crs. 2) Q 48 Crs. Forty Eight Crs. 3) R 52 Crs. Fifty two Crs. 48 Crs. 52 Crs. In this case successful tenderer will be R who has quoted Rs. 52 Crs. for all 9 wards. If the offer for combined all 9 wards is less than sum of highest bid of individual wards then the highest bidder of individual ward will be successful tenderer in that ward i.e. in A Ward Q, in B Ward P, in C Ward P and so on. Successful tenderer will be allowed for display of advertisement by affixing kiosks on street lighting poles in that particular ward or combined all 9 wards as per para 3.1 of tender conditions and instructions to the tenderer. The acceptance of tender will rest with the General Manager, who does not bind himself to accept the highest or any tender and reserves to himself the authority to accept, vary, modify, negotiate and / or to reject at any time

12 any or all the tenders received at his sole discretion without giving any reason. DCESL

13 Proposed Amendment in Kiosk Tender Document Add Clause No. 25(a) in General Conditions of Contract Exit Clause for Contractor : The contractor shall not be at liberty to back out of the assignment and rescind the contract for a minimum period of 18 months from the date of awarding the tender. However, in case, the contractor rescinds the contract after completion of 18 months period of the contract, he shall be required to pay 25% of the monthly rentals (i.e. rentals receivable as on the last month), for the balance period of the contract or the amount of the Security Deposit, whichever is lesser, to the Undertaking prior to the date of expiry of the contract. If the contractor makes the aforesaid payment without any demur or default, the Security Deposit would be returned to the contractor after expiry of six months from the date of termination of contract subject to fulfillment of conditions stipulated in clause no. 21. DCESL