NOTICE INVITING TENDER

Transcription

1 NOTICE INVITING TENDER Sealed quotations are invited from Service Providers of Himachal Pradesh i.e. Cooperative Societies/Corporations/Boards/Ex Serviceman Corporation to provide services of Weigh Bridge Assistants for a period of ten years extendable for another period of ten years on satisfactory service, at ten Weigh Bridges being installed at Baddi, Parwanoo, Barotiwala, Paonta Sahib, Gagret, Mehatpur, Swarghat, Tunuhatti, Kandwal and Damtal, on the following terms and conditions so as to reach latest by 7 th August, 2010 till 11 A.M. in the office of Chief Executive Officer of E Governance Society cum Director Transport, Himachal Pradesh, Parivahan Bhawan, Shimla and to be opened by the Committee constituted for the purpose on the same date at 3 P.M. 1) The service provider shall deploy 4 persons at each barrier. The services of a Weigh Bridge Assistant shall be provided round the clock/non stop at above weigh bridges (there will be three shifts in a day each of 8 hours at each weigh bridge). No person shall be compelled to perform duty beyond 8 hours and Weigh Bridge Assistant shall be given weekly rest and other facilities as per Labour Laws. 2) The Weigh Bridge Assistant deployed for the service should be bonafide Himachali, medically fit, must not be below 18 years on the date of deployment and not more than 58 years of age. He should possess good conduct, qualification not less than matriculation and is well versed in computer operations/applications and shall work on the assigned duties to the satisfaction of Incharge Barrier. 3) The Weigh Bridge Assistant deployed for the service shall have to be paid minimum wages as fixed by the Govt. of H.P. 4) The successful Service Provider is liable to pledge an amount of Rs. 51,000/ in the shape of FDR or bank guarantee for uninterrupted and satisfactory service to the Department in favour of Chief Executive Officer of E Governance Society cum Director Transport, Himachal Pradesh to be

2 released only after successful and satisfactory contract period failing which, shall be forfeited in favour of the Society after affording an opportunity of being heard. 5) The bid will be accompanied with Bank Draft of earnest money amounting to Rs. 5000/ which will be refunded within one month except to the successful bidder. 6) The undersigned reserves the right to reject whole process of tender or part thereof without assigning any reason. 7) The successful Service Provider will enter into a service agreement between the E Governance Society of Transport Department, Himachal Pradesh & the party concerned as per Annexure A. 8) The Co operative Societies registered in Himachal Pradesh shall be preferred and the rates quoted by them are negotiable at par with the lowest bidder if they wish to. 9) The service provider shall quote percentage of monthly collection of weighing charges on which he will be supplying the manpower. 10) The Govt. reserves the right to change the rates of weighing charges at any time without giving any notice. Current weighing charges are as follows : Sr. No. Category of vehicle Service Charges 1. LMV (LGV) weight upto 7500 kgs. Rs MGV weight upto kgs. Rs HGV weight above kgs Rs ) Tender document can be had from the Cash Counter of the office of Director Transport, Himachal Pradesh, Shimla 4 on any working day or down loaded from given departmental website

3 Annexure B FINANCIAL BID I, hereby offer my bid at percent of the total receipt per month of weighing charges prescribed, for all the ten barriers i.e. 1. Parwanoo 2. Baddi 3. Barotiwala 4. Swarghat 5. Tunuhatti 6. Paonta Sahib 7. Gagret 8. Mehatpur 9. Kandwak 10. damtal. i) Deploy Four Bonafide Himachali, medically fit, matriculate well versed in computer application as Weigh Bridge Assistant who are not less than 18 years of age on the day of deployment and not more than 58 years of age at above barriers of the E Governance Society of Transport Department and having good conduct verified from the Police, at each barrier uninterrupted round the clock in rotation and as per terms and conditions of the tender document which I have gone through carefully and understood before submitting my above financial bid. Dated : Signature and Name of the Authorized Signatory alongwith stamps.

4 TENDER DOCUMENT FOR PROVIDING SERVICES OF WEIGH BRIDGE ASSISTANT AT BARRIERS OF TRANSPORT DEPARTMENT. Following Ten Barriers are to be made functional in the Transport Department through E Governance Society of Transport Department, HP for checking overloading of vehicles entering in the Pradesh by imposing weighment charges fixed by the Govt. of H.P./E Governance Society of Transport Department from time to time which are subject to change at any time without giving any notice. However, the rates fixed are as under : Sr. No. Category of vehicle Service Charges 1. LMV (LGV) weight upto 7500 kgs. Rs MGV weight upto kgs. Rs HGV weight above kgs Rs Parwanoo, 2. Baddi 3. Barotiwala 4. Swarghat 5. Tunuhatti 6. Paonta Sahib 7. Gagret 8. Mehatpur 9. Kandwal and 10. Damtal The Four Weigh Bridge Assistant at each barrier will be provided by the successful Service Provider round the clock on the basis of competitive lowest bid for which tenders have been invited upto 7 th August, 2010 till 11 A.M. to be opened on the same day at 3 P.M. and on the terms and conditions given in the tender notice and conditions as per the Service Agreement given at Annexure A. The Service Provider bidding for the tender shall submit financial bid in the format given at Annexure B alongwith bank draft of Rs. 5,000/ refundable after one month except to the successful bidder

5 Annexure A SERVICE AGREEMENT THIS AGREEMENT MADE ON THIS DAY OF BETWEEN THE THROUGH ITS WHO HAS BEEN DULY AUTHORIZED BY THE COMPANY/FIRM VIDE RESOLUTION NO. DATED, A COMPANY/FIRM INCORPORATED UNDER HAVING ITS REGISTERED OFICE (NAME OF SERVICE PROVIDER) (HEREINAFTER REFERRED TO AS THE SERVICE PROVIDER WHICH EXPRESSION SHALL UNLESS EXCLUDED BY OR REPUGNANT TO THE CONTEXT DEEMED TO INCLUDE ITS SUCCESSOR (S) IN OFFICE OR ASSIGN OF THE ONE PART AND), E GOVERNANCE SOCIEITY OF TRANSPORT DEPARTMENT, HIMACHAL PRADESH THROUGH ITS CHIEF EXECUTIVE OFFICER HAVING ITS HEADQUARTERS LOCATED AT SHIMLA, PARIVAHAN BHAWAN, SHIMLA HEREINAFTER REFERRED TO AS E GOVERNANCE SOCIETY (WHICH EXPRESSION SHALL UNLESS EXCLUDED BY OR REPUGNANT TO THIS CONTEXT DEEMED TO INCLUDE ITS SUCCESSOR(S) IN OFFICE OF ASSIGN), OF THE OTHER PART. PREAMBLE: Whereas this Agreement is for providing the services of Weigh Bridge Assistants which shall not be an Agreement to any employment obligation, for the manpower provided by SERVICE PROVIDER to E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. At present or future AND Whereas THE SERVICE PROVIDER has agreed to work in close coordination with E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. NOW THIS INDENTURE WITNEESTH AND IT IS AGREED BY AND BETWEEN THE parties hereto as under: 1. RIGHTS & OBLIGATIONS OF (Name of Service Provider): i) That THE SERVICE PROVIDER shall provide the required services of a qualified bonafide Himachali at the locations in Himachal Pradesh as specified by E

6 GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT from time to time to meet the requirement of its weigh bridges. ii) That THE SERVICE PROVIDER shall provide the manpower who have the required knowledge and skill as prescribed by E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. iii) That THE SERVICE PROVIDER shall be solely responsible for compliance with various laws, which may have any bearing on the employment by him, of the manpower used by him for rendering services to E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. THE SERVICE PROVIDER undertakes to meet all the statutory requirements as provided by the legislation governing labour practices. In case of violation of any legal provision having its applicability to the present contract or its subject matter, the sole liability, shall be that of THE SERVICE PROVIDER and not of E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. iv) That for manpower provided THE SERVICE PROVIDER shall not have any employment obligation on E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT, in any case in present or future. v) That No deployed person shall be allowed to leave during the course of the service duration without providing substitute by THE SERVICE PROVIDER who shall be of the same qualification and conduct and shall render service to the satisfaction of Incharge Barrier on the report received from E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT in this regard. vi) That in case the performance of the deployed candidate is not found satisfactory at any stage, THE SERVICE PROVIDER shall provide the replacement of the manpower to E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT immediately without break in service. vii) That THE SERVICE PROVIDER shall always keep with it, the name, parentages, residential address, educational and technical qualification, specimen signature, two passport size photographs of all the persons deputed for rendering the said services at the location(s) specified by E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT and furnish these details/ information before hand and thereafter

7 also whenever demanded by E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. The persons deputed, shall be governed by the terms & conditions of the contract between the THE SERVICE PROVIDER and them. The E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT shall be concerned only with the quality and efficiency of the services of the person provided by THE SERVICE PROVIDER. 2. RIGHTS & OBLIGATIONS OF E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT: i) That the period for which the manpower is required will be indicated by E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT at the beginning of commencement of the service. ii) That E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT at its sole discretion can extend the period of contract through a separate agreement, to be signed between THE SERVICE PROVIDER and E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. iii) E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT and THE SERVICE PROVIDER may work out a mechanism to ensure that E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT is getting the required service from THE SERVICE PROVIDER. iv) THAT E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT nominates the Incharge of Barrier for coordinating the services provided by THE SERVICE PROVIDER and the manpower provided by THE SERVICE PROVIDER for carrying out the assigned job. THE SERVICE PROVIDER shall report to and seek instructions from the officer of E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT so nominated for all technical support. v) That the performance evaluation will be done by the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT Project Coordinator under whom THE SERVICE PROVIDER shall be working and his decision shall be binding on THE SERVICE PROVIDER as well as their manpower.

8 vi) That working hours and rest for the purpose of this AGREEMENT will be as per the Labour Laws. In case the person goes on leave, THE SERVICE PROVIDER will supply replacement for the same before allowing him leave. 3. PAYMENTS: i) That the payment to THE SERVICE PROVIDER will be made every month on the percentage basis quoted by him and agreed by the E Governance Society of the Transport Department subject to providing of un interrupted services. The certificate to this effect is required to be obtained from the ARTO concerned. THE SERVICE PROVIDER will submit a pre receipted bill/ invoice in triplicate in the name of E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT every month of the services latest by 3 rd to 5th of the following month for the period of claim. E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT will remit payment of the bill by local cheque/ draft latest by 7 th of the month. ii) That E Governance Society of Transport Department agrees to pay THE SERVICE PROVIDER on monthly basis as per the bid. iii) That all government levies and taxes (i.e. service tax and TDS) will be levied/deducted at the rates applicable from time to time. iv) That the invoice(s) shall be accompanied by supporting documents including, copies of receipts issued by the employees to THE SERVICE PROVIDER in respect of payment of salary/ wages, allowances, reimbursements etc. and towards proof of deduction and deposit of EPF etc. as applicable. 4. SECURITY: i) That THE SERVICE PROVIDER shall ensure that no information about the software, hardware, database and the policies of E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT is taken out or passed on to any party, in electronic form or any other media from the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT site.

9 5. INDEMNITY: i) That THE SERVICE PROVIDER shall indemnify and hold E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT harmless for any sickness or any loss to the staff deputed at the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT location. ii) iii) That THE SERVICE PROVIDER shall indemnify and hold E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT harmless for any unauthorized use of data or the software by E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT. That THE SERVICE PROVIDER shall indemnify E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT of all legal obligations to staff deputed to provide service at the client organization. 6. GENERAL: i) That Agreement shall be effective when executed by or on behalf of both the parties and shall remain valid for 10 years initially. ii) That the main body of this agreement along with all the attachment here to constitute the agreement. iii) That neither this agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by the THE SERVICE PROVIDER to anyone. iv) That on all aspects where the above articles of the Agreement are silent, or for special cases of deviation from the articles, the decision mutually agreed to by both the parties shall be final. However, in case of any dispute relating to or arising out of the articles of this Agreement, such dispute shall be resolved amicably by mutual consultations. If such resolutions are not possible, then the unresolved dispute or differences shall be referred to the Principal Secretary (Transport) to the Government of Himachal Pradesh Shimla 2 and his decision in this regard will be acceptable to both parties. The Arbitration and Conciliation Act of 1996 and Rules framed there under as amended from time to time shall be applicable to such proceedings under this Agreement. 7. SUB CONTRACTING AND FRANCHISE: That THE SERVICE PROVIDER shall not assign, sub contract, Franchise or otherwise dispose of this AGREEMENT or any part thereof.

10 8. COMMUNICATIONS: That except as otherwise expressly provided no communication from one party to the other shall have any validity under this AGREEMENT unless made in writing by or on behalf of the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT or as the case may be by or on behalf of the THE SERVICE PROVIDER. 9. TERMINATION: i) That if the situation warrant, E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT or THE SERVICE PROVIDER can terminate the AGREEMENT by giving a notice period of three months in writing and without any liability to the other party. However, in the case of non performance or poor/unsatisfactory performance of the manpower provided by THE SERVICE PROVIDER the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT shall have right to end the contract (fully or partially) with 15 days notice after affording an opportunity of being heard. ii) That the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT may at any time by notice in writing terminate this AGREEMENT from the date of service of such notice, if: (a) There is a change of control or ownership, in THE SERVICE PROVIDER or its Parent company or organization provided that THE SERVICE PROVIDER shall only be permitted to exercise its rights pursuant to this Clause for one (1) month after each such change of control and shall not be permitted to exercise such rights where the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT has agreed in advance in writing to the particular change of control and such change of control takes place as proposed; or (b) That THE SERVICE PROVIDER, being a company, passes a resolution, or the Court makes an order that THE SERVICE PROVIDER or its Parent Company be wound up otherwise than for the purpose of a bonafide reconstruction or amalgamation, or a receiver, manager or administrator on behalf of a creditor is appointed in respect of the business or any part thereof of THE SERVICE PROVIDER or the Parent Company, or circumstances arise which entitle the

11 Court or a creditor to appoint a receiver which entitle the Court otherwise than for the purpose of a bonafide reconstruction or amalgamation to make a winding up order, or THE SERVICE PROVIDER or its Parent Company is unable to pay its debts or any similar event occurs under the Law of any other jurisdiction; or (c) That THE SERVICE PROVIDER Shall at any time become bankrupt or shall have a receiving order or administrative order made against them or shall make any composition or arrangement with or for the benefit of its creditors, or shall purport to do so, or appears unable to pay or to have no reasonable prospect of being able to pay a debt or it shall become apparently insolvent or any application shall be made under any bankruptcy or insolvency Act for the time being in force or any similar event occurs under the Law of any other jurisdiction. iii) a) That the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT may at any time by notice in writing terminate this AGREEMENT forthwith, if THE SERVICE PROVIDER is in default of any obligation under this AGREEMENT and; b) That the default is capable of remedy and the THE SERVICE PROVIDER shall have failed to remedy the default within fifteen (15) days of written notice to THE SERVICE PROVIDER specifying the default and requiring its remedy; or the default is not capable of remedy CONSEQUENCES OF TERMINATION: That the termination or expiry of this AGREEMENT shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either Party LIMITATION OF LIABILITY: i) That in no event shall either party be liable to the other for loss of profits, business, revenue, goodwill or anticipated savings; and/or indirect or consequential loss or damage.

12 ii) That the provisions of Clause 11 shall not be taken as limiting the right of the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT to claim from THE SERVICE PROVIDER for; a) Directly incurred additional operational and administrative costs and expenses; and/or b) Directly incurred expenditure or changes rendered unnecessary as a result of any default by THE SERVICE PROVIDER. 11. RECOVERY OF SUMS DUE: That if any sum of money shall be due from THE SERVICE PROVIDER, the same may be deducted from any sum then due or which at any time thereafter may become due to THE SERVICE PROVIDER under this AGREEMENT or any AGREEMENT with E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT or with any other department, office or organization of the Government of Himachal Pradesh. 12. FORCE MAJEURE: i) That for the purposes of this Agreement the expression Force Majeure shall mean any cause affecting the performance by a Party of its obligations arising from acts, events, omissions, happenings or non happenings beyond its reasonable control including (but without limiting the generality thereof), fire, flood, earthquake, strikes or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non happening shall only be considered Force Majeure if it is not attributable to the willful act, neglect or failure to take reasonable precautions of the affected party, franchisee, sub contractors, suppliers, its agents or employees. ii) That neither party shall in any circumstances be liable to the other for any loss of any kind whatsoever including but not limited to any damages or abatement of charges whether directly or indirectly caused to or incurred by the other party by reason of any failure or delay in the performance of its obligations hereunder which is due to Force Majeure. Notwithstanding the foregoing, each party shall

13 use all reasonable endeavors to continue to perform or resume performance of such obligations hereunder for the duration of such Force Majeure event. iii) That for the avoidance of doubt it is hereby expressly declared that the only events, which shall afford relief from liability for failure or delay, shall be any event qualifying for Force Majeure hereunder. 13. SEVERABILITY: That if any provision of this AGREEMENT is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been executed with the invalid illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of this Agreement, the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT and THE SERVICE PROVIDER shall immediately terminate the AGREEMENT without any liability whatsoever to either of the parties. 14. AMENDMENTS TO THIS AGREEMENT That other than as expressly provided for in Clause 1 and 2 hereinabove, this Agreement shall not be varied or amended unless such variation or amendment is agreed in writing by a duly authorized representative of the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT on behalf of the E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT and by a duly authorized representative of the (NAME OF SERVICE PROVIDER) on behalf of THE SERVICE PROVIDER in accordance with the Change Control Procedures. 15. LAW AND JURISDICTION: i) That this AGREEMENT shall be considered as a contract made in India and according to Indian Law and subject to the exclusive jurisdiction of the Indian Courts to which both parties hereby submit.

14 ii) That his Agreement is binding on E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT and its successors and assignees and THE SERVICE PROVIDER and its successors and permitted assignees. 16. ENTIRE AGREEMENT: i) That this AGREEMENT constitutes the entire understanding between the parties relating to the subject matter of this Agreement and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writing, negotiations or understandings with respect hereto, except in respect of any fraudulent misrepresentation made by either party. ii) That in the event of any provision of the Contract being held as invalid or unenforceable under the applicable laws, the remaining provisions of this Contract shall remain in full force and effect. 17. DURATION: That unless terminated earlier the agreement will be valid for 10 years further extendable upto ten years on satisfactory working of THE SERVICE PROVIDER from the date of signing. IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT ON THE DATE HEREOF: SIGNED BY BRANCH MANAGER (Name of Service Provider) In the presence of: FOR & ON BEHALF OF E GOVERNANCE SOCIETY OF TRANSPORT DEPARTMENT, LTD., SHIMLA Signature of the Authorized Representative In the presence of: 1. Name and Designation 1. Name and Designation 2. Name and Designation 2. Name and Designation

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16 NOTICE INVITING TENDER Sealed quotations are invited from Service Providers of Himachal Pradesh i.e. Cooperative Societies/Corporations/Boards/Ex Serviceman Corporation to provide services of Weigh Bridge Assistants for a period of ten years extendable for another period of ten years on satisfactory service, at ten Weigh Bridges being installed at Baddi, Parwanoo, Barotiwala, Paonta Sahib, Gagret, Mehatpur, Swarghat, Tunuhatti, Kandwal and Damtal, on the terms and conditions available on the departmental website so as to reach latest by 7 th August, 2010 till 11 AM in the office of Chief Executive Officer of E Governance Society cum Director Transport, Himachal Pradesh, Parivahan Bhawan, Shimla The tenders will be opened by the Committee constituted for the purpose on the same date at 3 P.M.