E-Tender Notice
E-Tender Notice
E-Tender Notice
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E-TENDER CDI4450P12
4.0 SALIENT ELIGIBILITY CRITERIA:
4.1 The average Annual financial turnover of the bidder during the last 3(three) financial years ending
31.03.2012 must be minimum of Rs. 41.0 Lakh.
The proof of annual turnover should be in the form of audited Balance Sheet and Profit & Loss
Account or certification from Chartered / Cost Accountant firm indicating the Code Number.
4.2 The Bidder shall be in the business of providing similar services to PSU / Central / State Government
Organization / Corporation having the experience of successfully executing the following similar assigned
work(s) during the last 07 (seven) years ending 31.12.2012.
(a) Single contract of minimum value of Rs. 110 Lakh
Or
(b) Two contracts of minimum value of Rs. 69 Lakh each
Or
(c) Three contracts of minimum value of Rs. 55 Lakh each
NOTE TO ABOVE CLAUSE NO. 4.2:
1. "Similar Services" means - Services of providing Lorry Loader or any other Transport Services
involving Heavy Vehicle(s) / Logistic equipment(s).
2. Documentary evidence must be submitted along with the Un-priced Techno-Commercial Bid. The
documentary evidence must be in the form of Job Completion certificate etc. as applicable showing:
(a) Gross value of job done; and
(b) Nature of job done; and
(c) Time period covering as per the NIT.
Only LOA (Letter of Award), Work Order copy is not acceptable.
3. Bidder must be in the business of providing services (Similar Works as defined in Note-1 above) to
PSU / Central / State Govt. Organisation/ Corporations for any length of time during last 7(seven) years
ending 31.12.2012 i.e. for any length of time within the period 01.01.2006 to 31.12.2012 (both days
inclusive). During this period of 7(seven) years, bidder must have successfully carried out similar job(s) (as
defined in Note - 1 above) of value either Rs. 110 lakhs under a single contract or Rs. 69 lakhs each under
2(two) separate contracts or Rs. 55 lakhs each under 3(three) separate contracts. Accordingly, the
Starting Date and/or the Job Completion Date of respective contract(s) need not necessarily be fall within the
seven years period of 01.01.2006 to 31.12.2012; but the value of job(s) done must be of requisite amount as
above and within the period mentioned above.
5.0 PSUs and SSI units registered with NSIC claiming exemption from payment of tender fee should
submit their request with all credentials at least 7 days in advance to get access for participation in the tender.
6.0 The link to OILs E-Procurement portal has been also provided through OILs web site (www.oil-
india.com).
7.0 The details of IFB / Bid Documents can be viewed using Guest Login provided in the E-
Procurement portal.
8.0 In order to bid for OILs e-tenders; all the bidders are requested to obtain a legally valid Digital
Certificate (Class III with Organisation) as per Indian IT Act from the licensed Certifying Authorities (CA)
operating under Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of
India.
COPY: GM (E) / GM (COMM.) / GM (F&A)
HEAD TRANSPORT: Ref. PR No. 2208631 please
HEAD MORAN / HEAD-EPA / CM (AP): With a request to display in Notice Board please.
HEAD IT: Separate e-mails are processed to upload in OILs & Govt. website please.
HEAD- CONTRACTS
DATE: 18. 01.2013 FOR RESIDENT CHIEF EXECUTIVE
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COVERING LETTER E-TENDER NO. CDI4450P12
OIL INDIA LIMITED invites ON-LINE BIDS from experienced / approved Contractors/Firms for the
following mentioned work/service under SINGLE STAGE TWO BID SYSTEM through its e-Procurement
site:
Original hard copy of (a) should reach the office of HEAD-CONTRACTS before Bid opening date
and time, otherwise Bid will be rejected. A scanned copy of this document should also be uploaded along
with the Un-priced bid documents.
b) Bidders to confirm that in the event of the award of Contract bidder will submit Performance Security
Deposit @ 2.5% of the total contract price and this will not earn any interest.
2.0 SEALED ENVELOPES containing the Bid Security Deposit shall be marked with the above Tender
Number and description of work and addressed to:
HEAD-CONTRACTS
CONTRACTS DEPARTMENT
OIL INDIA LIMITED
DULIAJAN 786602
ASSAM
All bidders shall deposit the requisite BID SECURITY DEPOSIT in the form of Demand
Draft/Banker's Cheque / Money Receipt/ Bank Guarantee (should be valid for 210 days from the date of
opening of Technical Bid) from a Nationalised Bank in favour of M/s Oil India Limited and payable at
DULIAJAN. This Bid Security Deposit shall be refunded to all unsuccessful bidders, but is liable to be forfeited
in full or part, at Companys discretion, as per Clause No. 6 below. Bids without Bid Security Deposit in the
manner specified above will be summarily rejected.
3.0 Bid should be submitted online up to 11:00 AM (IST) (Server Time) on the date as mentioned and
will be opened on the same day at 02:00 PM (IST) at Office of the Head-Contracts in presence of
authorized representative of the bidder.
4.0 The rates shall be quoted per unit as specified in the PRICE BIDDING FORMAT attached just
below the Tendering Text. Bidder should note that no pricing information is furnished in the c-folder
(Technical Bid) otherwise the bid will be rejected.
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COVERING LETTER E-TENDER NO. CDI4450P12
The bid and all uploaded documents must be Digitally signed using Class 3 digital certificate [e-
commerce application (Certificate with personal verification and Organization name)] as per Indian IT Act
obtained from the licensed Certifying Authorities operating under the Root Certifying Authority of India
(RCAI), Controller of Certifying Authorities (CCA) of India.
The authenticity of above digital signature shall be verified through authorized CA after bid opening. If
the digital signature used for signing is not of Class -3 with Organizations name, the bid will be rejected.
Bidder is responsible for ensuring the validity of digital signature and its proper usage by their
employee.
The bid including all uploaded documents shall be digitally signed by duly authorized representative of
the bidding company.
5.0 The Company reserves the right to reject any or all the tenders or accept any tender without assigning
any reason.
6.0 (a) No Bidder can withdraw his bid within the validity or extended validity of the bid. Withdrawal of
any bid within validity period will lead to forfeiture of his/her/their Bid Security Deposit in full and debarred
from participation in future tenders, at the sole discretion of the company and the period of debarment will not
be less than 6 (six) months.
(b) Once a withdrawal letter is received from any bidder, the offer will be treated as withdrawn and no
further claim / correspondence will be entertained in this regard.
(c) The Bid Security Deposit of the bidders shall be refunded to them as under:
(i) To the technically unsuccessful bidders after the Commercial Bid opening in case of Two Bid
systems only.
(ii) To others after the date of issue of Letter of Intent (LOI) to the successful bidders.
(iii) To the successful bidders only after submission of the Security Deposit.
7.0 The Bid must be valid for 180 (One hundred & eighty) days from the date of opening of the tender.
8.0 Conditional bids are liable to be rejected at the discretion of the Company.
9.0 The work may be split up amongst more than one contractor at the sole discretion of the Company.
10.0 The bidders are required to furnish the composition and status of ownership of the firm in whose name
bid documents have been purchased/issued along with one or more of the following documentary evidences
(which are applicable to the bidder) in support of the same and scanned copies of the same should be uploaded
along with the Un-priced bid documents.
10.1 In case of Sole Proprietorship Firm, Copies of Telephone/Electricity/Mobile Bill, PAN card, latest
Income Tax Return form indicating therein the name, business and residential address, E-mail and telephone
numbers of the owner and copies of Service Tax and Central Excise Registration Certificate.
10.2 In case of HUF, Copies of Telephone/Electricity/Mobile Bill, PAN card, latest Income Tax Return
form, Family Arrangement indicating therein the name, residential address, E-mail and telephone numbers of
the owners in general and Karta in particular and copies of Service Tax and Central Excise Registration
Certificate.
10.3 In case of Partnership Firm, Copies of Telephone/Electricity/Mobile Bill, PAN card, latest Income Tax
Return form indicating therein the name, residential address, E-mail and telephone numbers of all the
partners(including the Managing Partner), registered partnership agreement/deed and copies of Service Tax and
Central Excise Registration Certificate.
10.4 In case of Co-Operative Societies, Copies of Telephone/Electricity/Mobile Bill, PAN card, latest
Income Tax Return form indicating therein the name, residential address, E-mail and telephone numbers of all
the Directors or persons who are at the helm of affairs, registration certificate from Registrar of Co-Operative
Societies and copies of Service Tax and Central Excise Registration Certificate.
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COVERING LETTER E-TENDER NO. CDI4450P12
10.5 In case of Societies registered under the Societies Registration Act, Copies of
Telephone/Electricity/Mobile Bill, PAN card, latest Income Tax Return form indicating therein the name,
residential address, E-mail and telephone numbers of all the Directors or persons who are at the helm of affairs,
registration certificate from the Registrar of the state and copies Service Tax and Central Excise Registration
Certificate.
10.6 In case of Joint Stock Companies registered under the Indian Companies Act, Copies of
Telephone/Electricity/Mobile Bill, PAN card, latest Income Tax Return form indicating therein the name,
residential address, E-mail and telephone numbers of all the Directors or persons who are at the helm of affairs,
Certificate of Incorporation from the Registrar of Companies, Memorandum and Articles and copies of Service
Tax and Central Excise Registration Certificate.
10.7 In case of Trusts registered under the Indian Trust Act, Copies of Telephone/Electricity/Mobile Bill,
PAN card, latest Income Tax Return form indicating therein the name, residential address, E-mail and telephone
numbers of all the Trustee or persons who are at the helm of affairs, registration certificate from the Registrar of
the state, Trust Deed and copies Service Tax and Central Excise Registration Certificate.
11.0 The selected bidder will be required to enter into a formal contract, which will be based on their bid and
O.I.L's Standard Form of Contract.
12.0 The successful bidder shall furnish a Performance Security Deposit in the form of Demand Draft /
Banker's Cheque / Bank Guarantee as specified above before signing the formal contract. The Performance
Security Deposit will be refunded to the Contractor after satisfactory completion of the work, but a part or whole
of which shall be used by the Company in realization of liquidated damages or claims, if any or for adjustment
of compensation or loss due to the Company for any reason. This Security Money shall not earn any interest.
13.0 Time will be regarded as the essence of the Contract and the failure on the part of the Contractor to
complete the work within the stipulated time shall entitle the Company to recover liquidate damages and / or
penalty from the Contractor as per terms of the tender /contract.
14.0 The contractor will be required to allow OIL officials to inspect the work site and documents in respect
of the workers payment.
15.0 BACKING OUT BY BIDDER: In case any bidder withdraws their bid within the bid validity period,
Bid Security will be forfeited and the party will be debarred for a period of 2(two) years from the date of
withdrawal of bid.
16.0 BACKING OUT BY L-1 BIDDER AFTER ISSUE OF LOA/LOI: In case LOA issued is not
accepted by the L1 bidder or the Performance Security is not submitted as per the terms of the contract within
the time specified in the Bid Document, the Bid Security shall be forfeited and the bidder shall be debarred for
2 (two) years from the date of default.
Covering Letter.
BRC-BEC-Bid Rejection Criteria & Bid Evaluation Criteria.
Part - I - General Conditions of Contract. (GCC)
Part - II - Schedule of Work, Unit and Quantity (SOQ)
Part - III - Special Conditions of Contract (SCC)
Part-IV-Schedule of company's Plants, Materials and Equipments-Not Applicable
Part-V-Safety Measures (SM)
Part-VI- Integrity Pact
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COVERING LETTER E-TENDER NO. CDI4450P12
SPECIAL NOTE:
Please note that all tender forms and supporting documents are to be submitted through OILs E-
Procurement site only except following documents which are to be submitted manually in sealed envelope
super scribed with tender no. and due date to The Head Contract, Contracts Department, Oil India Limited,
Duliajan- 786602,
a) ORIGINAL BID SECURITY
Bidders are requested to examine all instructions, forms, terms and specifications in the bid.
Failure to furnish all information required as per the bid or submission of offers not substantially
responsive to the bid in every respect will be at the bidders risk and may result in the rejection of its offer
without seeking any clarifications. Offers sent without the requisite value of prescribed bid security (if
called for in the bid) in original will be ignored straightway.
19.0 The tender is invited under SINGLE STAGE-TWO BID SYSTEM. The bidder has to submit both
the TECHNICAL and PRICED bid through electronic form in the OILs e-Tender portal within the
Bid Closing Date and Time stipulated in the e-Tender. The Technical Bid is to be submitted as per Scope
of Work & Technical Specification of the tender. The Price Bid rates shall be quoted per unit as specified
in the PRICE BIDDING FORMAT attached just below the Tendering text in the main bidding
engine of OILs e-Tender portal. The price quoted in the PRICE BIDDING FORMAT will only be
considered for evaluation.
20.0 In Technical Bid opening, only Collaboration Folder (c-Folder) will be opened. Therefore, the bidder
should ensure that Technical bid is uploaded in the c-Folder link (collaboration link) under Un-priced
Bid Tab Page only. No price should be given in above c-Folder; otherwise the offer will be rejected. Please
go through the help document provided in OILs e-Portal, in detail before uploading the document.
NB: All the Bids must be Digitally Signed using Class 3 digital signature certificate with Organizations
Name (e-commerce application) as per Indian IT Act obtained from the licensed Certifying
Authorities operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India.
OIL shall be entering into an Integrity Pact with the bidders as per format enclosed vide Part-
VI- Integrity Pact of the tender document. This Integrity Pact proforma has been duly signed digitally
by OILs competent signatory. The proforma has to be returned by the bidder (along with the technical
bid) duly signed (digitally) by the same signatory who signed the bid, i.e., who is duly authorized to sign
the bid. Any bid not accompanied by Integrity Pact Proforma duly signed (digitally) by the bidder shall
be rejected straightway. Uploading the Integrity Pact with digital signature will be construed that all
pages of the Integrity Pact has been signed by the bidders authorized signatory who sign the Bid.
(Note: Shri N. Gopalaswami, Ex-CEC and Shri R. C. Agarwal, IPS(Retd.) have been appointed
as Independent External Monitors).
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COVERING LETTER E-TENDER NO. CDI4450P12
(1)
ON CHANGE MODE- THE SCREEN WHERE TO UPLOAD COMMERCIAL, TECHNICAL FILES &
PRICE BID:
(2)
23.0 OIL now looks forward to your active participation in the IFB.
HEAD-CONTRACTS
FOR RESIDENT CHIEF EXECUTIVE
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E-TENDER NO. CDI4450P12 BRC / BEC
1.1 TECHNICAL:
1.1.1 The average Annual financial turnover of the bidder during the last 3(three) financial
years ending 31st March 2012 must be minimum of Rs. 41.0 Lakh (Rupees Forty One Lakh only).
The proof of annual turnover should be in the form of audited Balance Sheet and Profit & Loss
Account or certification from Chartered / Cost Accountant firm indicating the Code Number.
1.1.2 The Bidder shall be in the business of providing similar services to PSU / Central / State
Government Organization / Corporation having the experience of successfully executing the following
similar assigned work(s) during the last 7 (seven) years ending 31.12.2012.
(a) Single contract of minimum value of Rs. 110 Lakh (Rupees One Hundred Ten Lakh)
or
(b) Two contracts of minimum value of Rs.69 Lakh (Rupees Sixty Nine Lakh) each
or
(c) Three contracts of minimum value of Rs.55 Lakh (Rupees Fifty Five Lakh) each
1.1.3 The offered lorry loader units must meet all tendered specifications as detailed in SCC-Part-III
(Para. 4.1 - 4.3) of this tender document.
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E-TENDER NO. CDI4450P12 BRC / BEC
1.1.4 Bidder must give an undertaking in prescribed format enclosed vide Annexure-C confirming
that if awarded with the contract by OIL, he/she would supply 2(two) numbers of lorry loader units
strictly as per the specifications and all other requirements and terms & conditions of the tender
document (detailed in Part-III of this tender document).
NOTE:
i. Manufacturer's original printed technical leaflet/brochure of the complete lorry loader unit
containing all technical details and other documents as detailed in PART-III of this tender document are
to be submitted along with Un-priced Techno-Commercial Bid for evaluation.
ii. Calibration of all parameters including the control/monitoring system (SLI) of the loader in Metric
system is preferred. However, same shall not have any load bearing in bid evaluation.
1.2 COMMERCIAL:
1.2.1 The bids are to be submitted in single stage under 2 (two) bid system i.e. Un-priced Techno-
Commercial Bid and Price Bid together. Only the Price Bid should contain the quoted price.
1.2.2 Bid security shall be furnished as a part of Un-priced Techno-Commercial Bid. The amount of
bid security should be as specified. Any bid not accompanied by a proper bid security will be rejected.
Note: In case the Bidder submits Bid security in the form of Bank Guarantee (BG); the
BG must be valid for minimum 210 days up to from the date of Technical bid opening i.e
minimum up to 07.10.2013.
1.2.3 Any bid received by the company after the deadline for submission of bids prescribed by the
Company will be rejected.
1.2.4 Any bid containing false statement will be rejected and action will be taken by Company as per
Bid Document.
1.2.5 Bidders must quote clearly and strictly in accordance with the price schedule outlined in Price
Bidding Format attached just below the Tendering Text in the main bidding engine of OILs e-
Tender portal; otherwise the bid will be rejected. All other techno-commercial documents other than
price details to be submitted with Un-priced Techno-Commercial Bid as per tender requirement placed
in the Techno-Commercial Bid bid folder.
1.2.6 There should not be any indication of price in the Un-priced Techno-Commercial Bid. A bid
will be straightway rejected if this is given in the Un-priced Techno-Commercial Bid.
1.2.7 The bid documents are not transferable. Offers made by Bidders who have not purchased the
bid documents from the Company will be rejected.
1.2.8 The quoted rates by the bidder(s) must be firm during the performance of the contract and not
subject to variation on any account except the following:
Reimbursement / deduction on the Fixed Charge per Lorry Loader per month & Running
Charge per km per Crane will be applicable if the diesel price changes plus or minus (+/-) 5% (five
percent) over the tendered diesel price as detailed in SOQ (Part-II) of the bid document.
Any bid submitted with an adjustable price quotation other than the above will be treated as
non-responsive and rejected.
1.2.9 Bid received with validity of offer less than 180 (one hundred eighty) days from the date of
Technical Bid opening will be rejected.
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E-TENDER NO. CDI4450P12 BRC / BEC
1.2.10 The Integrity Pact is applicable against this tender .OIL shall be entering into an Integrity Pact
with the bidders as per format enclosed vide Part-VI of the tender document. This Integrity Pact
proforma has been duly signed digitally by OILs competent signatory. The proforma has to be returned
by the bidder (along with the Un-priced Techno-Commercial Bid) duly signed (digitally) by the same
signatory who signed the bid, i.e., who is duly authorized to sign the bid. Any bid not accompanied by
Integrity Pact Proforma duly signed (digitally) by the bidder shall be rejected straightway. Uploading
the Integrity Pact with digital signature will be construed that all pages of the Integrity Pact has been
signed by the bidders authorized signatory who sign the Bid.
2.1 The bids conforming to the technical specifications, terms and conditions stipulated in the bidding
documents and considered to be responsive after subjecting to the Bid Rejection Criteria will be
considered for further evaluation as per the Bid Evaluation Criteria given below: -
(i) Fixed Charge per lorry loader per month ----------------- (A)
(Lorry loader for 24 hrs. with the services of operating crew for 12-hrs. duty everyday throughout
the month)
(ii) Running Charge per lorry loader per Km at tendered cost of fuel ----------------- (B)
(For movement of the lorry loader from one worksite to another)
(iii) Overtime Rate per lorry loader per hour ----------------- (C)
(For lorry loader & operating crew beyond 12 hours of normal duty on any day)
[The crew to be engaged by the contractor for normal duty of twelve hours is to consist of one HMV
driver and two helpers for each lorry loader unit and one supervisor for the lorry loader units.]
2.2 For ascertaining overall ranking, the total bid price will be worked out taking the quantum
indicated above and the rates quoted for the particular item. The Bid Price per Truck Unit will be
worked out as below -
(Considering uniform quantity of average monthly run of 2500 Km and 60 hrs. of Overtime per month
per loader unit).
2.3 Except above rates including escalation/reduction in the same due to change in fuel price, as
applicable, no other charges, whatsoever may be, shall be payable to the contractor under this contract
agreement.
2.4 Only one bid against a party offering individually as well as under Proprietorship/Partnership
firms shall be accepted. In case any bidder is found to submit separate bids under proprietorship as well
as under any Partnership firm then the acceptable bid made in the name of the Partnership firm will
only be considered for further evaluation.
2.5 Any bid offering less than 2(two) Nos. Lorry Loaders shall not be considered for evaluation.
(c) In case, if L-1 bidder happens to be two or more than two, contract will be awarded on the
basis of lottery.
4.0 GENERAL:
A. OIL will not be responsible for delay, loss or non-receipt of applications for participating in the
bid sent by mail and will not entertain any correspondence in this regard.
B. In case bidder takes exception to any clause of tender document not covered under BEC/BRC,
then the company has the discretion to load or reject the offer on account of such exception if the bidder
does not withdraw / modify the deviation when / as advised by the company. The loading so done by
the company will be final and binding on the bidders. No deviation will however, be accepted in the
clauses covered under BRC.
C. To ascertain the substantial responsiveness of the bid the company reserves the right to ask the
bidder for clarification in respect of clauses covered under BRC also and such clarification fulfilling the
BRC clauses must be received on or before stipulated days from the date of clarification sought by the
company, failing which the bid will be rejected.
D. In case any of the clauses in the BRC contradict with other clauses of bid document elsewhere,
then the clauses in the BRC shall prevail.
E. The originals of such documents [furnished by bidder(s)] shall have to be produced by bidder(s)
to OIL as and when asked for.
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E-TENDER NO.: CDI4450P12 BEC/BRC
To
The Head-Contracts
Oil India Limited
Duliajan
Sub: Undertaking
IFB No. CDI4450P12
Dear Sir,
With reference to above noted tender, I/we hereby confirm that if the contract under the
above tender is awarded to me/us, I/we would supply 2(two) numbers of lorry loader units
strictly as per the specifications and all other requirements and terms & conditions detailed in
Part-III of the tender document.
I/we further confirm that th truck platforms would be fabricated and the same and the
loader units would be mounted on the truck chassis by party as per para 4.3(J) of Part-III of
tender document. In no case, above fabrication and mounting jobs shall be carried ut elsewhere
by me/us; failing which OIL may terminate/cancel the contract awarded to me/us fully or partly
at any time at their own discretion and I/we shall have no objection to such
termination/cancellation of the contract.
I/we also confirm that I/we shall submit to OIL for acceptance a detailed dimensional
drawing of the complete lorry loader unit covering amongst others the mounting arrangement of
the loader unit on the truck chassis and constructional details with materials description of the
truck platform from the party where above fabrication and mounting jobs shall be carried out as
per para 4.3(J) of Part-II of tender document before starting fabrication works or later than
2(two) months from the date of issuance of LOA, whichever is earlier.
Make & Model of the units offered by me/us are as under
a. Make & Model of loader
units
Yours faithfully,
Signature:______________________
Name:_________________________
For M/s:_______________________
Address:_______________________
Page 5/5
E-TENDER NO. CDI4450P12 PART-I GCC
DESCRIPTION OF SERVICES:
Whereas, the Contractor represents that he/she/they has/have adequate capacity to undertake the aforesaid
service and is equipped with fully trained personnel capable of adequately operating and providing the required
services.
1.2 "AREA OF OPERATIONS" means the Company's oilfield operations in the States of Assam
and Arunachal Pradesh.
1.3 "BASE STATION" means the station as set out in Part-II hereof where the vehicle(s) / equipment shall be
permanently based, (i.e. based for minimum period of 10 (Ten) days at a stretch) which may be changed at the
discretion of the Company.
1.4 "BID OPENING DATE" means the date on which the Tender was opened by the Company against the
finalisation of this agreement.
1.5 "BREACH OF CONTRACTUAL OBLIGATION" means amongst others also the following:
i) Carriage of unauthorised passengers by the Transport Supplier while under this agreement with the Company:
ii) Unauthorised use of the vehicle(s)/equipment when released to the Transport Supplier for undertaking its
deployment for any other business purpose:
iii) Withdrawal of vehicle(s)/equipment from the service before expiry of the term of this Agreement for any reason
whatsoever without the consent/instruction of the Company Engineer and
iv) Failure of the Transport Supplier to place the vehicle(s)/equipment for periodic inspection as per schedule as
directed by Company's Engineer.
v) Failure to park the vehicle(s)/equipment after release on close of working hours at place designated by
Company's Engineers.
vi) The vehicle must be owned and registered in the name of the contractor during the entire tenure of the
contractual period including extension period, if any.
1.7 "COMMENCEMENT OF SERVICE" means the date of placement of the first vehicle / equipment under this
Agreement.
ii) The head of the user department or his/her nominee in case of the following :
a) Normal day-to-day operation of service after placement under the respective department;
b) Release of vehicle(s)/equipment for maintenance/inspection/fuelling
c) Release of vehicle(s)/equipment for daily/periodic fuelling;
d) Allotment of daily duties and timings for reporting and release;
e) Certification of daily log sheets;
f) Authentication of monthly statement-cum-bill
g) Determination of undisputed instances of shutdown or standby, liquidated damages and penalties for defaults on
breach of contract.
1.9 CREW: Means Supervisors, Operators, Drives, Handymen/ Helper(s)/Jugalees attached to the
vehicle(s)/equipment, as defined in the Clause: 1.13, 4.10.
1.10 "DUE DATE OF PLACEMENT" means the date stipulated in, Part-II (SOQ) hereof.
1.11 "DETERIORATED CONDITION OF VEHICLE/EQUIPMENT" means any vehicle(s) / equipment found not
acceptable to Company's Engineer after mechanical inspection or/and vehicle(s) / equipment found to be unworthy
of undertaking the services envisaged under the provisions of this Agreement or/and vehicle(s)/equipment which
is/are facing repeated breakdown due to inadequate, improper and timely repairs and maintenance and / or
vehicle(s)/equipment refused by the Company's Engineer/user department as being unfit.
1.12 "DAILY LOG BOOK" means the format as may be certified by the Company's Engineer on a day-to-day
basis during the tenure of these Agreement.
1.13 "DRIVER / OPERATOR" means an individual possessing sound mental and physical health who must be in
possession of an appropriate professional Driving License and P.S.V. Badge issued by the Regional Transport
Authority who is having jurisdiction over the area of operations of the Company, who is (are) engaged by the
Transport Supplier and provided with the service envisaged under this Agreement, cost whereof included in the
fixed charge per month.
1.14(A) "DEFAULT" means any of the following commissions or omissions by the Transport Supplier or his/her
crew which will lead to shut down of vehicle(s) and/or breach of contractual obligations:-
f) Non-supply of fuel;
g) Delay in placement of vehicle(s)/equipment on any day as per the instruction of the Company's Engineer and or
unauthorised and untimely release of vehicle(s)/equipment on any day without prior permission and authorisation
from the Company Engineer during the tenure of this Agreement;
h) If the Transport Supplier bases the vehicle(s)/equipment at a station other than the stipulated Base Station
without the authorisation of the Company Engineer;
i) Non-availability of vehicle(s)/equipment due to defects detected upon periodic inspection/tests by the Company;
j) Non-rectification of defects expeditiously upon detection by the Company Engineer upon inspection/test
undertaken by the Company;
k) Non-availability of equipment/vehicle(s)/ crew beyond 48(Forty Eight) Hours allowable for repair / maintenance
time per month;
l) Non-availability of the vehicle(s)/equipment or crew when required by the Company's Engineer; and
m) Failure on part of the Transport Supplier to discharge his/her obligations as set out in Clause 4.0 hereof and/or
failure on part of the Transport Supplier to abide with particular instructions as set out in Clause 5.0 hereof and/or
failure on part of the Transport Supplier to obey the instruction of the Company's Engineer as set out in Clause 6.0
hereof.
n) Any other acts or omissions by the Transport Supplier or his/her crew whether specified or not hereof which
disrupt the continuity of the service envisaged under this Agreement.
1.14(B) In case of default not leading to shutdown, the Company's Engineer shall notify the Transport Supplier to
remedy the default within reasonable time and till such default is remedied, if necessary the vehicle(s)/equipment
shall be released to the Transport Supplier, whereupon it shall be treated as shut down and the pro-rata fixed charge
per day shall not be paid for the period of shut down and liquidated damages/penalty as applicable shall be levied
too.
1.15 "FIXED CHARGE PER MONTH" means fixed charge mentioned under of Part-II(SOQ) hereof which will be
inclusive of depreciation, parking fee if applicable, all applicable taxes & duties including VAT as applicable,
insurances, wages and other emoluments of Operator/Driver(s) /Helper(s) / Jugalees and other operation staff/crew
inclusive of relief Operator / Driver(s) / Helper(s) / and other operating staff/crew, which the Transport Supplier
will have to engage and provide at all times essentially for the continuous operation of the service envisaged under
this Agreement. The Transport Supplier shall have to ensure full compliance with Motor Vehicles Act 1988 and
Motor Transport Workers Act 1961 and the Rules framed there under all other applicable statutory acts as may be
in force from time to time governing the engagement of staff, their conditions of service which must include
minimum wages as per the aforesaid Acts, Statutory/weekly offs, holiday, overtime, annual leave, uniforms etc. No
other separate charges on such accounts will be payable by the Company at any point of time during the tenure of
the Contract and same, if any, shall have to be borne entirely by the Transport Supplier. The Fixed Charges payable
under this Agreement shall be deemed to be inclusive of all payments to be borne by the Transport Supplier on all
such accounts. Any increase in the wages of the crew or any further benefits and perquisites accruing or arising to
the crew subsequent to the date of this agreement due to revision in the minimum wages as applicable shall be
borne solely by the contractor and deemed to be included in the fixed charge per month. Fixed charge also includes
the cost of consumables and fuel as may be required for stipulated normal hours of duty at a stationary place when
there is no km run.
1.16 "HOLIDAY" means the National Holiday defined under the Motor Transport Workers Act, 1961 as may be in
force from time to time, which the Transport Supplier would be required to give to his/her Crew as per the
aforesaid Act.
1.17 "NORMAL HOURS/TIMINGS OF DUTY" means the duty hours, which may be stipulated or instructed by
the Company's Engineer.
1.18 "HANDIMEN/HELPER/JUGALEE" means such crew engaged by the Transport Supplier and provided with
the vehicle/equipment, cost whereof is included in the Fixed Charge per month.
1.19 "INSPECTION" means initial/periodic inspection carried out by the Company's Engineer to ascertain road
worthiness of the vehicle(s)/equipment along with necessary Permits, Insurance etc. for the vehicle(s)/equipment as
well as all the Crew engaged against this contract. The Company's decision in this regard shall be final.
1.20 "INSURANCE" means comprehensive insurance of the vehicle(s)/equipment and shall include insurance of
the crew.
1.21 "LICENCE AND PERMITS" means any and all of the following which must be valid and updated
periodically by the Transport Supplier to the satisfaction of the Company:-
e) Fitness certificate
f) Inner line permit(s) for Arunachal Pradesh.;
g) Comprehensive insurance certificate(s) both for vehicle(s)/equipment as well as Crew;
h) Any other as required under law in force;
i) Pollution under control certificate
1.22(a) "LIQUIDATED DAMAGES" means pro-rata fixed charge per hour rate payable by the Transport Supplier
in case of Default as mentioned in Para 1.14(A) sub clause (b) to (n) which shall be levied for the shutdown period
on the basis of 0.5(Zero Point Five) times the rate subject to maximum of 12(Twelve) hours in a month arrived at
on a cumulative basis. In case of continuing default beyond 12(Twelve) cumulative hours in a month, it would be
treated, as breach of Contract and penalty as per clause No.1.27 will only be applicable.
1.22(b) "SPECIAL LIQUIDATED DAMAGES" means the amount payable by the Transport Supplier in case of
default as mentioned in para 1.14 (A) sub clause (o) & (p) which shall be levied at the rate of twice the prorata
fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for
the whole day or part thereof.
1.23 "LEAVE" means Annual Leave to be granted to the Crew who is employees of the Transport Supplier as per
the stipulations of The Motor Transport Workers Act, 1961 as may be in force from time to time.
1.24 "MONTHLY KILOMETREAGE STATEMENT CUM BILL" means the format specified by the Company.
1.25 "HELPER/MAZDOOR" means an unskilled labourer employed by the Transport Supplier who may be
engaged as per the requirements of the Company from time to time along with vehicle/equipment, in respect of
whom payment shall be made as per the rates of Minimum Wages Act as applicable to Motor Transport Workers in
the area of operations of the Company as may be in force from time to time in force under the MTV Act from time
to time.
1.26(a) "PRO-RATA FIXED CHARGE PER DAY" means the Fixed Charge per month as per item 10 of Part-
II(SOQ), divided by 30(Thirty) days.
1.26(b) "PRO-RATA FIXED CHARGE PER HOUR" means the amount accrued at per Clause 1.26(a) divided by
24 (Twenty Four) hours.
1.27 "PENALTY" means the amount payable by the Transport Supplier in the event of breach of contract as stated
in clause 1.14 which shall be at a rate of the pro-rata fixed charge per day. Penalty shall be levied irrespective of
whether such breach resulted in a shut down or otherwise.
1.28 "REGISTRATION" means the vehicle(s)/equipment having registration in the name of the Supplier(s)/Firm
with the R.T.O./D.T.O. having jurisdiction in the area of operations of the Company.
1.29 "RUNNING CHARGE PER KILOMETER" means the rates stipulated in Item-20 of Part II(SOQ) hereof and
shall be deemed to include all the expenditures of the Transport Supplier viz., cost of fuel, tyre/tube, battery &
consumables like lubricants etc. and other maintenance expenditures including accessories involved including VAT
element as applicable towards movement of the vehicle(s)/equipment.
1.30 "STIPULATED HOURS OF SERVICE PER DAY" means hours of duty per day, normal hours/timings of
duty whereof shall be determined by the Company's Engineer for which fixed charge shall be payable.
1.31 "STATUTORY ACTS" means all the State and Central Government statutes and regulations effecting the
operation of the services under this Agreement as may be in force from time to time and shall particularly include
but not be limited to the following;
The Transport Supplier shall be solely responsible for compliance with all statutory acts at all time during the
tenure of the service Agreement.
1.32(a) "SHUT DOWN" means disruption/non-availability of the Transport Service due to any of the defaults in
Clause 1.14(A).
1.32(b) "SHUT DOWN" shall also mean the non-availability of the Transport service due to an accident.
a) Payable fixed charge although the services are not available due to the following:-
i) For maintenance up to 48(Forty Eight) hours per month, counted from the beginning of the month, the Company
shall pay the fixed charge on certification from the Head of the User Department that the shut down was due to
maintenance of the vehicle(s)/equipment. This facility will be limited to maximum of 4(Four) instances in calendar
month. Any excess shut down over 48 hours for maintenance shall be treated as default and Clause No.1.22 shall
be applicable. Accumulation may be allowed up to a maximum of 4(Four) days i.e., 96(Ninety Six) hrs in a space
of 3(Three) months which the Transport supplier will notify in writing at least 5(Five) days in advance. In case it is
not availed in a space of 3(Three) months the facility will stand lapsed for that period. Shut down due to minor
breakdown of the vehicle(s)/equipment (i.e., punctured tyre, minor mechanical adjustment etc.,) involving
downtime up to a maximum of 1(One) hour shall not be included in the 48 (Forty Eight) hours time or counted
towards shutdown which shall be allowed not more than 3(Three) instances in a calendar month.
ii) Re-fuelling time for the vehicle(s)/equipment stationed at Duliajan which shall not be more than 30(Thirty)
minutes and not involving more than 5(Five) km at any instance subject to a maximum of 8(eight) re-fuelling in a
calendar month. For vehicle(s)/equipment stationed at other base station the time and kms will be determined by
the Company's Engineer considering the distance from the nearest petrol pump and subject to the maximum of
8(Eight) re-fuelling in a calendar month. In exceptional cases where running of the vehicle(s)/equipment is/are
more than 3500(Three Thousand Five Hundred) Km/month, the Head of the user department will determine the
additional no. of re-fuelling required. This Kilometer and time will not be charged to the Transport Supplier.
1.34 "STATUTORY OFF" means the off day per week or the compensatory off day in lieu thereof which the
Transport Supplier is required to give to his/her operating crew as per the Motor Transport Workers Act, 1961 in
respect of which adequate relief driver/crew shall be provided at no extra cost.
1.35(a) "TAXES AND DUTIES" means APGT Tax, Road Tax, Fitness Fee, Road Permit Fee, Registration Fee,
Inter-State Permit Fee, VAT for vehicle(s)/equipment and crew etc. as may be due and payable by the Transport
Supplier entirely at his/her own cost towards operation of the services envisaged under this agreement.
1.35(b) Taxes and duties shall also mean deduction of Tax at source from the payments made to the Transport
Supplier towards operation of the services envisaged under this Agreement at the rates as may be in force from
time to time under the Income Tax Act, 1961 & VAT or any other Act where requires deduction of tax at source
which may be in force from time to time.
2.1 All work performed by the Transport Supplier shall be continuous, on day to day basis as set down in Schedule
of Service, Units and Rates described in Part-II (SOQ) hereof which Part-II (SOQ) forms and constitutes part and
parcel of this Agreement, read in conjunction with the particular specification and instruction contained in Part-III
(SCC) hereof which Part-III (SCC) also forms and constitutes a part and parcel of this Service Agreement. All the
3(Three) Parts of this service agreement will be read and construed together with the related Annexure.
2.2 Transport Supplier shall provide the transport service with vehicle(s)/equipment as determined in Part-II(SOQ)
hereof and shall be responsible for all actions necessary for day to day running and maintaining the services on a
continuous basis in an efficient and adequate manner. The Transport Supplier shall be responsible for timely
payment of all applicable taxes, fees, insurances for smoothly operating the services envisaged under this
agreement including all capital investments and operating expenses as may be necessary and incidental in relation
thereto.
2.3 The rates agreed/accepted by the Transport Supplier as set-out in Part-II(SOQ) hereof are inclusive of all
expenses mentioned hereof and such other similar charges as may be required including payment to his/her
operator(s), Driver(s), Crew and other staff as per the provisions of the Motor Vehicles Act, 1988 and other
Statutory Acts. The rates stipulated in Part-II (SOQ) hereof shall be firm and final and no escalation whatsoever
except as may be stipulated otherwise shall be admissible on any account.
2.4 The Transport Supplier shall supply and maintain the services of all vehicles EVERY DAY with Operators,
Driver(s), Attendant(s), Helper(s) / Jugalees/Mazdoor(s) (wherever applicable) as may be required by the
Company.
2.5 The Transport Supplier shall hereby undertake to pay to his/her Crew/Staff reasonable/fair wages which are not
less than the wages payable under the Minimum Wages Act as applicable to Motor Transport Workers in the area
of operations of the Company as may be in force from time to time during the Currency of this Agreement. He
further undertakes to pay all his/her operating staff working under this Agreement the due wages in time including
any arrears of wages which may arise due to amendments in future to the above mentioned Act.
3.0 MANNER OF CONDUCTING WORK: The Transport Supplier shall carry out all operations hereunder with
due diligence, in a safe and workmen like manner and in accordance with the accepted practice and safety rules of
the Company in the area of its operations.
4.1 The Transport Supplier shall observe and abide by all the Statutory Acts and shall be primarily and solely
responsible for observance of the rules and regulations stipulated hereunder.
4.2 The Transport Supplier shall be responsible and liable for all claims, monetary or otherwise, arising out of the
use of vehicle(s)/equipment or operations of the services envisaged under this agreement including liability under
the Statutory Act or any other liability as may arise due to operation of this agreement and the Company shall not
be held liable or responsible for any such claim in any manner whatsoever. The Statutory requirements and
obligations to be performed under the Statutory Acts affecting the operations of the services under this Agreement
shall have to be performed by the Transport Supplier only and shall be his/her sole responsibility. Be it stated
particularly that the Transport Supplier hereby undertakes to fully implement entirely at his/her own cost all the
provisions of the Motor Transport Workers Act, 1961 and other Statutory Acts as may be in force from time to time
and the rules framed there under as may be applicable to the operation of the service envisaged under this
agreement in the area of operations of the Company.
4.3 The Company shall not be liable for any dues, statutory or otherwise claimed by the employees/workmen
employed by the Transport Supplier for the services rendered under this agreement and all such claims, statutory or
otherwise or operation of any settlement or award in favour of the employees/workmen employed by the Transport
Supplier will be solely against the Transport Supplier and not against the Company. Be it expressly stated that any
demands whether present or future by the employees deployed by the Transport Supplier against the services
envisaged under this agreement shall have to be settled and satisfied by the Transport Supplier solely and in the
event of any loss or inconvenience or disruption that may result because of any non-settlement of such demands
which may lead to a disruption of service envisaged under this Agreement shall also be deemed as a default.
4.4 The Company shall neither entertain any demands from the employees of the Transport Supplier nor deal
directly or indirectly with any recognised or un-recognised unions of such employees. Be it expressly stated that it
shall be primarily and solely the responsibility of the Transport Supplier to deal, interact and settle any demands or
disputes of his/her employees individually or through any unions or otherwise and the Company shall not mediate
in this matter at all.
4.5 Any unsettled disputes between the Transport Supplier and his/her employees leading to a legal or illegal strike
by them would have to be settled by the Transport Supplier expeditiously. In the event of such a strike, whether
legal or illegal, the vehicle(s)/equipment shall be treated as shut down. Any failure on the part of the Transport
Supplier to settle the disputes expeditiously or with reasonable dispatch which results in interruption of the services
envisaged under this Agreement would be considered as a default under this agreement and the agreement would
be terminated at the discretion of the Company. The Transport Supplier shall, however, be given reasonable
opportunity by the Company to explain that the cause of the dispute was not due to delay on his/her part or due to
failure to implement the statutory obligations under the Statutory Acts as stipulated hereof. In the event if it is
proved that the Transport Supplier was in default as mentioned here above, the Company shall have the option to
terminate the Agreement forthwith and the Transport Supplier shall not be entitled to any damages or compensation
whatsoever on account of such termination.
4.6 The Transport Supplier shall ensure that the vehicle(s)/equipment deployed under this service agreement do not
cause any damage to the Company's properties. In the event of any such damages, the cost of repair in respect
thereof as determined by the Company's Engineer shall be deducted from the Transport Suppliers outstanding bills.
The Company's decision in this regard shall be final and binding.
4.7 Any normal hours/timings of duty will be decided by the Company's Engineer and shall be binding on the
Transport Supplier. The normal hours of duty/timings may be changed from time to time at the discretion of the
Company and the Transport Supplier shall be obliged to accept such changes.
4.8(a) The Transport Supplier will park the vehicle(s)/equipment at his/their own parking yard or at Company's
yard as directed by the Company's Engineer at the end of the day's work. The Transport Supplier found violating,
this will be liable for breach of Contract.
4.8(b) The Transport Supplier may be asked by Company's engineer to make his/their own arrangement for parking
the vehicle/equipment within 5(five) km. from the Industrial Gate of the base station on round the clock basis with
ready availability of the services of the crew in such a manner that the vehicle(s)/equipment can be deployed for
any specified duties immediately on receipt of the instructions from the Company's Engineer.
4.9 The Transport Supplier must place the vehicle(s)/equipment for duties in time on any particular day as per the
instructions of the Company's Engineer. In the event of failure to adhere to the foregoing or in the event of
unauthorised release of vehicle(s)/equipment before completion of the normal duty hours, the vehicle(s)/equipment
shall be treated as shut down and will attract the liquidated damages for each such failure.
4.10 The vehicle/equipment should be supplied with the services of Operator / Drivers / Handymen / Helpers /
Supervisor /Attendant on duty hours basis, cost in respect thereof is included in that fixed charge per month as per
clause No.1.15.
4.11 The Transport Supplier shall keep the vehicle(s)/equipment roadworthy throughout the contract period by
complying with the statutory requirement, failing which the vehicle(s) will be treated as shut down.
4.12 The Transport Supplier should ensure that the Driver(s)/Helpers/Jugalees/Mazdoors (as applicable) are
available every day, i.e. on Holidays, Sundays, off days or during leave of the Regular drivers/crew as per the
requirements of the Company's Engineer. In the event of failure to do so would tantamount to a default and the
vehicle(s)/equipment shall be treated as shut down, in which case the liquidated damages shall be deducted from
the Transport Supplier.
4.13 The Transport Supplier must maintain a register incorporating particulars with the name(s) of the Operator /
driver(s) / handymen / Attendant(s) / Crew engaged by the Transport Supplier and the aforesaid be required to sign
the register maintained for this purpose, for monitoring their daily attendance, off days; holidays and leave roster
etc. This will ensure proper roster of the crew in respect of compliance with the various Statutory Acts. This
register must be available for inspection by the appropriate authorities as and when required. The Transport
Supplier will be required to submit a certificate to the Company every month along with the Monthly Statement-
Cum Bill in the specified format to the effect that all statutory requirements effecting the operations of the service
under this agreement under various Statutory Acts have been complied with.
4.14 The Transport Supplier shall undertake only journeys authorised by the Company's Engineer. Any
unauthorised journeys shall be treated as breach of Contract and shall attract penalty for each such occurrence
without prejudice to the Company's right to terminate the agreement without any compensation to the Transport
Supplier on any account whatsoever.
4.15 The Transport Supplier would be required to submit the statement of payments made to his/her crew
employed on the Service envisaged under this agreement as and when required by the appropriate authorities.
4.16 The Transport Supplier shall indemnify the Company against any claims by the driver(s)/crew on account of
payment of wages, bonus, perquisites etc.
4.17 The Transport Supplier shall operate the service envisaged under this Agreement in an efficient, workmen like
manner as per the instructions of the Company's Engineer. The Transport Supplier shall abide by the Company's
Engineer instructions always and ensure continuous uninterrupted service on day-to-day basis.
5.1 The Transport Supplier shall instruct his/her crew suitably to ensure that while driving speed limits as enforced
are necessarily observed. Any breach of law due to violation of the speed limits shall have to be redressed by the
Transport Supplier entirely at his/her own cost.
5.2 The vehicle(s)/equipment described/set out in Part-II hereof must be equipped with all standard fittings,
instruments etc., and shall be at all times fully conform with all provisions of the Motor Vehicles Acts, 1988.
5.3 The vehicle(s)/equipment must all times be comprehensively insured against all risks.
5.4 The Operators / Driver(s) must possess valid and relevant permits and professional licenses.
5.5 The vehicle(s)/equipment must be registered with the DTO and periodic requirements of fitness, test, must be
complied with the evidences produced to the Company's Engineer in this regard as and when required by him.
5.6 The vehicle(s)/equipment must at all times be licensed by the appropriate Govt. authority having jurisdiction in
the operating areas of the Company to ply on commercial basis and to carry passengers including crew and goods
as applicable and within the designed load capacity.
5.7 The Transport Supplier must ensure timely renewals of all licenses and permits within the due dates.
5.8 The Transport Supplier shall provide at his/her own cost the accommodation/housing for his/her employees,
sheds for repairing and servicing of vehicle(s)/equipment, land/garages for parking of the vehicle(s)/equipment
(wherever applicable) in and around the base station.
5.9 During the course of the day-to-day operations, the vehicle(s)/equipment may be required to ford or ferried
through various rivers. The Transport Supplier will not object to such crossing and shall not be entitled to any
additional charges.
5.10 The vehicle(s)/equipment must be maintained in first class road worthy condition along with uniform
standards of safety and comfort to passengers as initially provided for at the time of acceptance of the vehicle(s) on
the date of placement.
5.11(a) Hour meter, Speedometer and kilometreage gauge must be maintained at a high standard of accuracy. Any
defects noticed by the Company's Engineer at the initial and subsequent periodical inspection must be rectified
forthwith by the Transport Supplier at his/her own cost. Until such rectification, the readings of the instrument will
be subject to such correction factor as may be determined by the Company's Engineer. The Company's decision in
this regard shall be final and binding on the Transport Supplier.
5.11(b) Monthly payments shall accordingly be regulated according to the corrected readings.
5.12 All employees of the Transport Supplier who are deployed under this service agreement must observe the
security and safety rules of the Company when working inside the declared prohibited areas or otherwise. Any
individual found to be objectionable from security considerations must be replaced by the Transport Supplier.
5.13 All vehicles / equipment must carry special nameplates or marking for the purpose of identification as directed
by the Company's Engineer. Wherever required, all vehicles must also be provided with the towing hook. All
expenses on account of the foregoing shall be borne by the Transport Supplier entirely on his/her own cost.
5.14 The Transport Supplier shall not refuse the vehicle(s)/equipment to be driven by the Company's operator /
driver(s) / officer(s) in case of emergency when Transport Supplier's operator / driver(s) is/are not available for any
reason.
5.15 The Transport Supplier shall not refuse parking of any vehicle at such places as may be directed by the
Company's Engineer.
5.16 "OIL INDIA LIMITED" must be painted prominently in the wind glass frame and number plate of all
vehicles.
5.17 The Transport Supplier shall furnish together with related power of attorney the names and specimen
signature(s) of the authorised representative(s) who will be overall in charge of the Transport Supplier's
organisation to carry out its obligations including preparation of bills, receipts of cheques etc.
5.18 The Transport Supplier's representative(s) shall report every day to the Transport Office of the Company for
receiving instruction for duties of equipment / vehicle allotted for the day-to day operations.
5.19 The Transport Supplier must furnish to the Company upon initial placement of the equipment / vehicle(s), the
name(s) of the Operators, Supervisor(s), Driver(s), Handymen, Helper(s), crew as may be applicable together with
particulars of their driving license(s) etc. In case any changes are made in the crew deployed under this agreement
at any time during the tenure of this contract, the Transport Supplier must notify the Company in writing and
furnish similar particulars as required hereof in respect of the replacement(s).
6.1 The Company's Engineer shall upon initial placement of equipment / vehicle(s) check all the relevant
documentation and duly inspect/test the same before accepting it for the services under this agreement. Such
inspection/test shall be carried out entirely at the Transport Suppliers' risk and cost. Any equipment / vehicle found
deficient or defective in any manner will not be acceptable till such deficiency is completely rectified to the
satisfaction of the Company's Engineer.
6.2 The Company's Engineer shall arrange for allocation of the equipment / vehicle(s) duty to the various
departments if so desired.
6.3 Upon deployment of the equipment / vehicle(s) to a specified department if required, the transport service shall
have to be provided by the Transport Supplier to the satisfaction of the Company's Engineer.
6.4 The Company's Engineer shall have power amongst others as follows:-
a) Fix the normal duty hours/timings of the Transport Supplier and regularly monitor the same;
b) Instruct the Transport Supplier from time to time for such further inspection as may be necessary for the proper
and adequate supply of services and for keeping such records as are deemed necessary.
c) Instruct the Transport Supplier to replace by more suitable hands any of his/her crew engaged for
running/operating the equipment / vehicle(s) or for general management of the service. When such person is found
unsuitable for the purpose of rendering efficient service to the Company under this agreement. Be it expressly
stated that the Company shall not be responsible or liable in the event of any action by the Transport Supplier
against his/her employees or workmen in any manner whatsoever arising out of their removal or replacement.
d) Instruct the Transport Supplier to remedy breach of contract and levy any penalty in relation thereto.
e) Refuse the services of any equipment / vehicle(s) found in deteriorated conditions and orders the Transport
Supplier to rectify the defects or arrange for replacement till such default is remedied.
f) Instruct the Transport Supplier to park the equipment / vehicle(s) at a specified place within the Company's
premises or at the Transport Supplier's works.
g) Instruct the Transport Supplier to utilise the services beyond the stipulated hours of service.
h) Instruct the Transport Supplier to undertake authorised journeys to specified destination(s) and carry the
authorised passengers or goods as the case may be.
i) Instruct the Transport Supplier to go out of station for overnight halt(s).
j) Undertake periodic inspection of the equipment / vehicle(s) as per programmed as may be decided by him/her.
Such inspection shall be carried out in the presence of the Transport Supplier or in presence of his / her authorised
representative. Such inspection/ test carried out by the Company shall be at the Transport Supplier's cost and risk.
k) Instruct the Transport Supplier to remedy/rectify expeditiously and defects revealed upon periodic
inspection/test carried out by the Company. Such rectification shall be at the Transport Supplier's cost entirely.
l) Instruct the Transport Supplier to remove the equipment / vehicle(s) in respect of which the defects as
aforestated which have been detected upon inspection/test periodically by the Company which have remained
unrectified.
m) Instruct the Transport Supplier to remove the equipment / vehicle(s) in respect of which defects have been
found upon periodic inspection from the service under this agreement till such time as the same are rectified.
n) Check the hour meter, speedometer and kilometer readings and notify any defects and determine any correction
factor on the statement-cum-bill in case the readings are found to be defective.
o) Instruct the Transport Supplier to furnish the names of all operator, driver(s) and crew with full particulars at
the time of commencement of the service or on any occasion when such operator / driver(s)/crew are required to be
replaced for any reason.
p) The Company's Engineer shall clearly indicate the total shut down hours in a month due to maintenance of the
equipment / vehicle(s) and/or default with reason in the monthly statement which will be treated as final for
determining liquidated damages or penalty, if any.
6.5 The Transport Supplier would at all times obey the instructions of the Company's Engineer and ensure
compliance of the above mentioned orders and instructions.
7.1 The transport supplier shall upon acceptance of the tender, pay to the Company within two weeks of issue of
Letter of Intent(LOI) a Security Deposit amounting to 7.5% of one year contract value (for Hiring the services of
Cranes)/ 2.5% of total contract value (for Hiring the services of vehicles & equipments other than Cranes) by way
of DEMAND DRAFT/ BANKER'S CHEQUE/BANK GUARANTEE valid beyond six months of the full tenure of
the contract, in favour of OIL INDIA LIMITED, DULIAJAN and payable at Duliajan from any Nationalised Bank
as a guarantee against timely placement of all vehicles in an acceptable condition and as a guarantee towards
smooth operation of the services envisaged under the agreement. This money shall not bear any interest and will be
refunded only upon successful completion of the tenure of the contract (including any extension being granted)
after deduction/recovery, if any. Failure to provide the aforesaid security amount would render the party liable for
rejection and in turn forfeiture of EMD apart from any other actions the company may take at its sole discretion.
7.2 The Security Deposit shall be forfeited in case of the occurrence of the following events:-
(a) In case of non placement of equipment/ vehicle(s) as per agreement, in full at the sole discretion of the
Company.
b) In case of any event occurring as envisaged in clause No.8.1 hereof; and/or
c) In case of any event occurring as envisaged in clause No.9.0 hereof, where the outstanding bills are not adequate
to recover the damages to the extent of such shortfall;
d) In case of premature termination due to default or breach of contract by the Transport Supplier.
7.3 In the event of an occurrence as envisaged in clause No.7.2 (b) & (c), the Transport Supplier will have to
furnish additional Security Deposit in the manner prescribed to the extent of amount forfeited. Failure on the part of
Transport Supplier to comply with this would render this agreement liable for termination whether partially or fully
at the sole discretion of the Company, without prejudice to the right of the Company to take any other action or
such default including but not limited to forfeited of the entire security deposit. The Transport Supplier shall not be
entitled to any damages or compensation whatsoever on account of such termination.
7.4 Provided that in case of delay beyond 3(Three) months from the due date of placement, this agreement shall
automatically stand terminated to the extent of the non-performance. This will be without prejudice to the right of
the Company to terminate the agreement earlier with 1(One) month's due notice. The Transport Supplier will not be
entitled to any damages or compensation whatsoever on account of such termination.
8.0 The Transport Supplier shall commence the supply of regular and continuous service by placing the equipment
/ vehicle(s) as per this agreement on and with effect from the due date of
placement. Any delay in placement of equipment / vehicle(s) for whatsoever reasons beyond the stipulated due date
of placement will call for forfeiture of Security Deposit as stipulated hereof without prejudice to any other rights of
the Company reserved in this Agreement.
8.1 The Transport Supplier shall supply and maintain the services of all the equipment / vehicles in normal service
EVERY DAY with drivers and attendant crew (wherever applicable) as required by the Company. In the event of a
default leading to a shut down the Transport Supplier shall not be paid the daily pro-rata fixed charge for the day(s)
or part thereof and also be liable to pay to the Company liquidated damages. Such damages will be recovered
normally from the Transport Supplier's outstanding bills for the specific shut down vehicle(s). However, in case the
outstanding bill for such shut down vehicle(s) (kept off road) is not adequate for such recovery, the Company will
have the right to recover the damages from the bills of other vehicles under the agreement, if any. This is without
prejudice to the Company's right to recover the amount in any other manner as laid out in the law including
appropriation of the Security Deposit towards such outstanding.
8.2 In case of default not leading to shut down, the Company's Engineer shall notify the Transport Supplier to
remedy the default within reasonable time and till such default is remedied, if necessary the vehicle(s) shall be
released to the Transport Supplier, whereupon it shall be treated as shut down and the pro-rata fixed charge per day
shall not be paid for the period of shut down and liquidated damages/penalty as applicable shall be levied too.
8.3(a) In case of accidents and consequent non-availability of equipment / vehicle(s), pro-rata fixed charges will be
deducted but the same will not attract liquidated damages if the Transport Supplier notifies in writing to the
Company with adequate proof about the accident, copy of FIR (FIRST INFORMATION REPORT) lodged by the
Transport Supplier, MVI(Motor Vehicle Inspector) report and copy of garage certificate(in case of damage of
vehicles) shall be required as mandatory in addition to other proof to be submitted and accepted by Head-
Transport. However, this will not be applicable in case of
(i) Accidents caused by rough/rash driving or because of negligence of the driver engaged
(ii) Where a FIR is lodged by a third party and services of the equipment / vehicle(s) is/are not available for
formalities to be observed as per the laws of the land. In such a situation the equipment / vehicle(s) will be treated
as shut down and will attract liquidated damages in addition to deduction of pro-rata fixed charges.
8.3(b) In case of accidents or otherwise leading to damage/breakdown of the equipment / vehicle(s) the time
required to repair and place back the equipment / vehicle(s) into Company's service shall be decided by the
Company's Head-Transport which shall be final and not alterable. On expiry of such allotted time, pending
placement of equipment / vehicle(s) liquidated damages will be recovered in addition to the deduction of pro-rata
fixed charges.
8.3(c) In case of Bundhs, Rasta Roko, and Strike etc. called by other organisation and if the equipment / vehicle(s)
is/are not available for operations due to absence of operator / driver or otherwise the equipment / vehicle(s) will be
treated as shut down and pro-rata fixed charge will be deducted. However, if Company feels such shut down could
have been avoided liquidated damages will be imposed and shall be recovered from the subsequent bills of the
Transport Supplier with proper intimation. It is to be clearly understood that 48(Forty Eight) hours time allotted per
month for general maintenance without deduction of pro-rata fixed charge will not be adjusted against such
bandh/strike period.
9.0 TERMINATION:
In the event of the Transport Supplier's failure to place equipment / vehicles in due time or render proper services
as per terms of this Agreement, the Company reserves the right to terminate wholly or partially the Agreement with
30(Thirty) days notice in writing and on the expiry of this notice period, this service Agreement shall stand
terminated or modified for the reduced number of equipment / vehicle(s) and Transport Supplier shall not be
entitled to any damage or compensation on account of such termination or reduction in number of equipment /
vehicle(s) or otherwise from any cause arising whatsoever.
9.1 The Company may without prejudice to any other remedy for breach of contract, by written notice of default
sent to the Transport Supplier to terminate this Agreement in whole or in part if the Transport Supplier fails to
perform any of his/her obligations under this agreement or if the Transport Supplier does not cure his/her failure
immediately upon receipt of notice from the Company or during any such time as the Company may authorise in
writing after receipt of default notice from the Company.
9.2 In the event of Company terminates the contract in whole or in part pursuant to clause No.9.1, the Company
may procure, upon such terms and in such manner as may deem appropriate similar services shall be liable for any
excess costs incurred by the Company in this regard. However, the Transport Supplier shall continue performance
of the Contract to the extent not terminated.
9.3 The Company may at any time terminate the contract giving a written notice to the Transport Supplier without
compensating him, if the Transport Supplier becomes bankrupt or otherwise insolvent, provided such termination
will not prejudice or effect any right of action or remedy which occurred or will occur thereafter to the Company.
9.4 The Company may send written notice to the Transport Supplier, terminate the agreement, in whole or in part at
any time for its convenience. The notice of termination shall specify that the termination is for Company's
convenience, the extent to which performance of service under this agreement is terminated and the date which
such termination becomes effective, which will be at least 45(Forty Five) days after the date of the notice of
termination. If the Company exercises this right, it shall pay the Transport Supplier in accordance with the
provisions of this agreement for the services satisfactorily rendered up to the date of termination. The Transport
Supplier will not be entitled to any damages or compensation on account of such termination.
9.5 This Agreement shall stand partially or fully terminated in case of default due to delay in placement of vehicle
beyond 3(Three) months from the due date of placement stipulated hereof and the Transport Supplier shall be
debarred at the discretion of the Company from quoting against any future contract for a period not exceeding
2(Two) years for such default. Such termination will be without prejudice to the Company to forfeit the Security
Deposit also.
10.0(a) The Company will make monthly payment subject to adjustment / deduction as necessary for the services
rendered in each calendar month and will endeavor to pay before expiry of 30 (Thirty) days from the date of
submission of monthly statement-cum-bill for the month for every equipment / vehicle on the basis of accepted
rates calculation as mentioned in Part-II(SOQ) of this Service Agreement. The above period shall be counted from
day when all statements in respect of all equipment / vehicles to be deployed under this Agreement are received by
the Company.
10.0(b) At the end of the month, the Transport Supplier will have to submit the monthly statement-cum-bill in
triplicate. Along with the monthly statement-cum-bill, the Transport Supplier will also submit to the user
department a certificate every month confirming compliance with the statutory requirement and in absence of the
said certificate, bill will not be processed for payment and any delay arising out of the same shall be attributable to
the Transport Supplier.
10.0(c) Monthly statement / bills submitted by the Transport Supplier will be cross checked by the Company with
the records maintained by the Company. Wherever discrepancies are found the Company would have right to make
necessary corrections in the statement/bill submitted by the Transport Supplier before certifying/countersigning the
same for processing payment.
10.0(d) A daily logbook will be maintained in triplicate. The Transport Supplier's representative or his/her operator
/ driver should collect the original and a copy of the daily logbook has to be submitted with statement-cum-bill for
claiming payment.
11.0 The Transport Supplier shall be responsible and liable for all claims, monetary or otherwise, arising out of the
use of the equipment / vehicles or operation of the services envisaged under this Agreement including liability
under the Motor Vehicles Act, Payment of Bonus Act, Workmen's Compensation Act, Payment of Wages Act or
any other statutory liabilities as may be in force from time to time and whatsoever. The Statutory requirements and
obligations to be performed under the above Acts or any other enactment affecting the operation of services under
this Agreement shall have to be performed by the Transport Supplier only and shall be his/her sole responsibility.
12.0 FORCE MAJEURE: means except or otherwise specified in the event of either party being rendered unable by
force majeure to perform any obligations required to be performed by them under this Agreement, the relative
obligation of the party affected by such force majeure shall upon notification to the other party be suspended for the
period during which such cause lasts. The terms "Force Majeure" as employed herein shall include Acts of God,
War, Revolt, Riots, Fire, Flood, illegal & unlawful Strikes, Bundhs, Sabotage, failure or destruction of roads,
culverts or bridges over or on which Transport Supplier's equipment / vehicle(s) is/are or are to travel. Upon the
occurrence of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid
thereby shall notify the other party in writing within 48(Forty Eight) hours of the alleged beginning and ending
thereof giving full particulars and satisfactory evidence in support of his/her claim. The Force Majeure
(Exemption) clause of International Chamber of Commence (ICC Publication No. 421) will be applicable under
this contract.
All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning
and operation or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the
Rules of Indian Arbitration and Conciliation Act, 1996. The venue of arbitration will be Duliajan, Assam. The
award made in pursuance thereof shall be binding on the parties.
14.1 Except as otherwise expressly provided, neither the Company or its servants, agents, nominees, assignees,
shall have any liability or responsibility whatsoever to whomsoever (including the owner) for loss or damage to the
equipment / vehicle(s) or loss or damage to the property of the Transport Supplier or his/her contractors, sub-
contractors, irrespective of how such loss is caused and even if caused by the negligence of the Company and/or
his/her servants, agents, nominees, assignees unless caused by willful or gross negligence. The Transport Supplier
shall protect, defend, indemnify and hold harmless the Company from and against such loss or damage and any
suit, claim or expense resulting there from.
14.2 Neither the Company nor its servants, agents, nominees, assignees, shall have any liability or responsibility
whatsoever from injury to, illness, or death of any employee of the Transport Supplier irrespective how such injury,
illness or death is caused by willful or gross negligence. The Transport Supplier shall protect, defend, indemnify
and hold harmless the Company from and against such loss or damage and any suit, claim or expense resulting
there from.
14.3 Except as otherwise, expressly provided, neither the Transport Supplier nor his/her servants, agents, nominees,
contractors or sub-contractors shall have any liability or responsibility whatsoever to whomsoever (including the
owner) for loss of or damage to the equipment and/or loss to the property of the Company irrespective of how such
loss or damage is caused unless caused by willful or gross negligence of the Transport Supplier or his/her servants,
agents, nominees, assignees, contractors and sub-contractors. The Company shall protect, defend, indemnify and
hold harmless the Transport Supplier from and against such loss or damage and any suit, claim or expense resulting
there from.
14.4 Neither the Transport Supplier nor his/her servants, agents, nominees, assignees, contractors, sub-contractors
shall have any liability or responsibility to whomsoever for injury to, illness, or death to any employee of the
Company, irrespective of how such injury, illness or death is caused unless caused by willful or by gross
negligence by or his/her servants, agents, nominees, assignees, contractors or sub-contractors and assignees and
hold harmless the Transport Supplier from and against such loss or damage and any suit, claim or expense resulting
there from.
14.6 The Transport Supplier agrees to protect, defend, indemnify and hold the Company harmless from and against
all claims, suits, demands and causes of action, liabilities, expenses, costs, liens and judgment of every kind and
character, without limit, which may arise in favour of the Transport Supplier's employees, agents, contractors and
sub-contractors or their employees on account of bodily injury or death, or damage to personnel/property as a result
of the operations / services contemplated hereby, regardless of whether or not the said claims, demands or causes of
action arise out of negligence or otherwise, in whole or in part, or other faults.
14.7 The Company agrees to protect, defend, indemnify and hold the Transport Supplier harmless from and against
all claims, suit, demands, and causes of action, liabilities, expenses, costs, liens and judgment of sever kind and
character, without limit. Which may arise in favour of the Company's agents, contractors and sub-contractors or
their employees on account of bodily injury, death or damage to personnel/property as a result of the operations
contemplated hereby regardless of whether or not the said claims, demands or causes of action arise out of the
negligence or otherwise, in whole or in part, or other faults.
The indemnities given herein above, whether given by the Company or the Transport Supplier shall be without
regard to fault or to the negligence of either party even though said loss, damage, liability, claim, demand expense,
cost or cause of action may be caused, occasioned by or contributed to by the negligence, either sole or concurrent
of either party.
14.9 INSURANCE:- The Transport Supplier shall arrange comprehensive insurance to cover all risks in respect of
their personnel, materials equipment and vehicle(s) belonging to the Transport Supplier or his/her contractors or
sub-contractors during the currency of the agreement and shall provide certificates of such insurance.
15.2 Company shall withhold Income tax as per rates, which may be in force from time to time as may be
applicable to the operational services under this agreement.
16.0 ASSIGNMENT:
16.1 The Transport Supplier shall not assign his/her rights, duties and obligations arising under this agreement and
sublet to any third person or party except in respect of payments to be received by Transport Suppliers, if
acceptable to the Company.
17.0 SUB-CONTRACT:
17.1 The Transport Supplier shall not sub-contract all or any part of the work envisaged under this Agreement.
18.1 The Transport Supplier shall bear all other expenditure, which may be deemed necessary or required towards
fulfillment of his/her obligations under the Statutory Acts during the tenure of this service agreement.
"Any sum of money due and payable to the contractor (including Security Deposit refundable to them) under this
or any other contract may be appropriated by Oil India Limited and set off against any claim of Oil India Limited
(or such other person or persons contracting through Oil India Limited) for payment of a sum of money arising out
of this contract or under any other contract made by the contractor with Oil India Limited (or such other person or
persons contracting through Oil India Limited)."
IN WITNESS whereof the parties hereinto set there hands and seals the day and year first above written.
__________________________________
(Signature of Witness)
____________________________
(Name of Witness)
Date______________________
__________________________________
(Full Name of Signatory)
Address:-
__________________________________
_________________________________
(Signature of Acceptor)
SIGNED & DELIVERED FOR AND ON
BEHALF OF OIL INDIA LIMITED.
Date:_____________________________
Designation:_______________________
DESCRIPTION OF WORK/ SERVICE: HIRING SERVICES OF 2(TWO) NOS. MINIMUM 18 TM CAPACITY BRAND
NEW KNUCKLE BOOM HYDRAULIC LORRY LOADER AS PER SPECIFICATIONS, TERMS & CONDITIONS AS IN
THE TENDER DOCUMENT, TO BE STATIONED AT ANY PLACE OF OIL'S ACTIVITIES IN ASSAM & ARUNACHAL
PRADESH FOR A PERIOD OF 4(FOUR) YEARS, EXTENDABLE BY 1(ONE) YEAR IF REQUIRED.
20 RUNNING CHARGE PER LORRY LOADER PER KM AT TENDERED COST OF HSD (For KM 240000
movement of the lorry loader from one worksite to another)
30 OVERTIME RATE PER LORRY LOADER PER HOUR (For lorry loader & operating crew beyond HR 5760
12 hours of normal duty on any day)
a) Bidder must include all liabilities including statutory liabilities but excluding Service Tax in their quoted rates.
b) The rates shall be quoted per unit as specified in the PRICE BIDDING FORMAT attached just below the Tendering
Text. Bidder should note that no pricing information is furnished in the c-folder (Technical Bid) otherwise the bid will be
rejected.
c) Rates are to be quoted excluding Service Tax. Service Tax, if applicable, shall be to the Company's account. However, Service Tax
portion payable directly by the Service Provider (if applicable) shall be reimbursed to the Contractor on the basis of the documentary
evidence.
d) Contractors are required to raise monthly Service Tax Invoices for reimbursement of Service Tax against the contract. In absence of
Service Tax Invoices, Service Tax will not be reimbursed and the consequences of the same shall entirely rest upon the Contractor.
e) The rates shall be fixed and firm for the entire tenure of the contract and shall be binding on both the parties. No changes in these
rates shall be allowed under any circumstances during the tenure of this service agreement except in respect of the following: -
Variation of the Running Charges per KM per Lorry Loader & Fixed Charge per month per Lorry Loader will be applicable in case of
increase / decrease of fuel (diesel) price by 5% (Five Percent) over the tendered price. In such a case, for every increase / decrease of fuel
cost by Rs. 1/litre:
The Running Charges per KM per Lorry Loader will increase / decrease byRs. 0.25/KM.
Fixed Charge per month per Lorry Loader will increase / decrease byRs.500 per month.
f) The operating crew must consist of at least 1(one) experienced operator and 2 (two) helpers / jugales for each lorry loader unit and one
supervisor for entire contract. The normal duty hours shall be 12 Hrs. per day. Overtime at the finalized rate shall be paid to the driver
and helper beyond normal duty of 12 Hrs. per day.
g) The Bidder(s) / Contractor(s) irrespective of their rates hereby undertake to pay monthly wages & overtime (if any beyond 12 hours
duty per day) as mentioned below to his/ her/their crew/staff engaged under this contract and as per provisions of MOS dated
12.02.2009 amongst MWU, Duliajan Trade & Transport Contractor Association (DTTCA), Duliajan signed in presence of the
management of OIL INDIA LIMITED, Duliajan before the CONCILIATION OFFICER under I.D. Act, 1947 and the ASSISTANT
LABOUR COMMISSIONER (CENTRAL), Dibrugarh.
Monthly Wages:
Driver / Operator : Not less than Rs.8000.00 per month per Driver / Operator for 12 hours duty everyday throughout the month.
Helper / Jugalee : Not less than Rs.3500.00 per month per Helper / Jugalee for 12 hours duty everyday throughout the month.
Overtime:
Driver / Operator : Not less than Rs.22.22 per hour per Driver / Operator beyond 12 hours of normal duty on any day.
Helper / Jugalee : Not less than Rs.9.72 per hour per Helper beyond 12 hours of normal duty on any day.
h) The Bidder(s) / Contractor(s) hereby undertake to pay the monthly wages to the Driver(s)/ Helpers through Cheque and undertake
provide the details (as per OIL's format) along with the monthly bills.
i) Vintage of Equipment/ Vehicle(s): Brand new Lorry Loader units purchased & registered after issuance of LOA.
j) Mobilisation Period: 06(six) months from the date of issue of LOA.
k) Tenure of Agreement: 48 (forty eight) months from the date of placement of first Lorry Loader.
l) Tendered cost of Fuel per litre: Rs.42.38 per liter (HSD)
m) Area of Operation: OIL's operational areas in Assam & Arunachal Pradesh.
TAX INVOICE
Add: Service Tax at 12.36% on (A) above (in case taxable value of service
is not 100%, then specify the value of taxable service and apply 12.36% of B
the qualifying amount)
(E.g. if value of service is only 40%, then service tax should be calculated at
12.36% on 40% of the value declared at (A) above.)
Total amount (Including service Tax) C
Less: Service Tax payable by Oil India Limited under reverse charge D
mechanism
Signature of Proprietor/Partner
E-TENDER NO.: CDI4450P12 Part-III (SCC)
1.2 MAKE & MODEL OF THE UNITS OFFERED (TO BE FILLED BY THE BIDDER)-
a. MAKE & MODEL OF LOADER UNITS
(Refer para. 4.1 hereunder)
2.1 The contractual period of the Contract Agreement shall be counted from the date of placement
of the FIRST lorry loader into company's service.
2.2 The lorry loader/s shall be used for loading, transportation and unloading of materials within
the specified weight & size limit of the unit in OIL's areas of activities in ASSAM & ARUNACHAL
PRADESH. The lorry loader/s shall load materials on its rear platform by itself, transport the same
from one site to another as per requirement and offload the materials at the designated offloading
site. In addition, the lorry loader/s shall also be used for shifting, aligning, handling, placing of
materials, etc. from time to time as necessary.
2.3 The operating crew for each lorry loader shall comprise of at least 1(one) experienced operator
(HMV operator) and 2(two) helpers/jugalies (lorry loader for 24 hrs with services of operating crew
for 12 hours duty everyday throughout the month).
2.4 The duty timing for deployment of operating crew on 12(Twelve) hours basis shall be decided
by the company and shall be binding on the contractor. The same may be changed from time to time
at the discretion of company.
2.5 For proper & efficient functioning of the lorry loader services, contractor shall engage skilled
supervisory staff/representative. The representative/supervisor shall report everyday to Transport
Department for receiving instructions for duties of the lorry loaders allotted for day-to-day
operations.
2.6 Contractor/his supervisor/representative shall also freely consult with company's engineer and
other officers/staff regarding ways and means to improve the quality of services to company's
satisfaction and to maintain a high standard of service and also furnish maintenance/servicing
programme of their lorry loaders in advance.
2.8 An undertaking of safety measures to be adopted has to be given by the contractor before
commencement of services under this contract agreement. The format for such declaration is
available in OIL's Contracts Department.
2.9 Each member of the operating crew must be in physically and mentally fit condition and shall
not be under influence of intoxication of any type while on duty. The crew shall refrain from
smoking or carry any inflammable substance at any company's installations.
2.10 The crew shall comply with all the requirements as provided in the Motor Vehicle Act and the
Rules framed there-under.
2.11 For the purpose of payment for the service rendered, contractor shall accept as final the Log
Sheets/statements certified by the company for day-to-day operation of the lorry loader/s. Contractor
shall maintain triplicate records of such Log Books/statements duly countersigned by company's
engineer on day-to-day basis and shall submit the same and bills in such manner as prescribed by the
company at the time of commencement of the service or as modified from time to time. While
preparing such statements/bills, contractor shall exclude the kilometerage involved on their own
account, such as garaging, servicing etc.
2.12 In case, contractor fails to place any lorry loader for duty in time on any particular day without
prior permission from the company, then the delayed placement/duty timings shall not normally be
accepted. On such occasions, the lorry loader shall be treated as shutdown and same shall attract pro-
rata deduction of fixed charge and also imposition of penalty at rates specified elsewhere in this
contract agreement.
2.13 Similarly, if any lorry loader is found to be deployed for any other duties during the period
when released for parking at contractor's yard and/or during the period when allowed for routine
servicing/maintenance, then also the lorry loader shall be treated as shutdown and the same shall
attract pro-rata deduction of fixed charge and also imposition of penalty at rates specified elsewhere
in this contract agreement.
2.14 During the currency of the Contract Agreement, the contractor shall neither withdraw any
lorry loader from service for any reason nor operate any of the lorry loaders for private purpose.
Contractor shall not refuse to base & deploy the lorry loader/s at any station in Assam & Arunachal
Pradesh as specified by the company from time to time in connection with company's activities.
Contractor shall also not refuse to carryout any job authorised by the company. In case of any such
default, the lorry loader shall be treated as shutdown and same shall attract pro-rata deduction of
fixed charge and also imposition of penalty at rates specified elsewhere in this contract agreement.
2.15 The lorry loaders shall be free from all financial/legal complications & encumbrances and
should there be any interruption in company's jobs due to such complications, on demand, contractor
shall compensate the loss to the company as decided by the company.
2.16 Any loss/damage/pilferage of company's materials during their handling by lorry loader/s shall
be on contractor's account and company shall recover the cost of such materials as decided by the
company from the bills of the contractor. This will be without any prejudice to any other recourse
the company may have or exercise against the contractor.
2.17 It will be solely the contractor's responsibility to fulfil all legal & statutory
obligations/formalities of Central and State governments as well as other statutory bodies for
operating the lorry loaders, as applicable. Each lorry loader shall possess valid Registration,
Pollution, Fitness, Permits, Comprehensive Insurance, Load Test certificate, Stability Index
certificate, etc. throughout the contractual period and it shall be the contractor's responsibility to
procure and renew such certificates as and when necessary. The operator of each lorry loader shall
possess valid HMV Driving Licence (Heavy).
2.18 It will be also solely the contractor's responsibility to fulfil all legal & statutory
obligations/formalities of Central and State governments for operating and plying the lorry loaders
in Dibrugarh, Tinsukia, Sivasagar and any other districts of Assam & Arunachal Pradesh. Contractor
shall obtain and renew the necessary permits etc. required for his/her crew and vehicles/lorry loaders
to enter and work in Arunachal Pradesh of his/her own.
2.19 Company shall not be responsible under any circumstances for any claim/compensation that
arises due to damages/injury to the contractor's lorry loaders, vehicle, property, crew members, staff,
etc.
2.20 The lorry loader/s under this contract shall normally be based at Duliajan, but will be required
to make frequent trips to different OIL's areas of activities in Assam and Arunachal Pradesh. From
time to time, the lorry loader/s may be required to halt overnight at any station other than the base
station, but no additional halting charges will be payable. In such an event, contractor shall have to
bear the expenditures/arrangements as necessary of his/her own. Similarly, to meet the job
requirement, lorry loader/s may be stationed from time to time at Manabhum/Kumchai in Arunachal
Pradesh and other areas of OIL's activities. In such an event, no extra charges shall be payable to the
contractor and the contractor will have to arrange his/her own accommodation, etc. for his/her crew,
staff, vehicle, etc.
2.21 The lorry loader/s may be allowed to be parked inside company's premises subject to
availability of space at the end of duty everyday, but the same shall be absolutely at the risk of the
contractor.
2.22 Contractor shall provide adequate quantity of tools & tackles, slings, hooks and other
expedients necessary for loading/unloading/handling/transportation of materials by lorry loader to
ensure prompt and efficient operations of the lorry loaders in prevailing slushy & difficult oilfield
areas. Company's engineer / Junior engineer or any other representative present at site shall have the
power to reject any of these items, if found not suitable for use.
2.23 Contractor shall maintain the lorry loader/s in perfect working condition for their rated
capacity & designed efficiency, which is an essential obligation of the contractor.
2.24 Contractor shall provide necessary safety kits & liveries, PPE to his/her crew members.
Contractor shall ensure that all the crew members of each lorry loader supplied under this agreement
regularly use Personal Protective Equipment (PPE) as per requirement of the Oil Mines Act, 1952
and Oil Mines Regulations, 1984. If any of the crew members is found without PPE, the respective
lorry loader will not be used by the company and such period of non-use shall be treated as
shutdown. In case the contractor has any problem in supply of Safety Boots, Safety Helmet etc.
under PPE to the crew members, he/she may request company to supply the same on chargeable
basis.
2.25 The crew members/staff engaged by the contractor should be suitably trained on Safe Material
Handling Practices. They may be required to undergo Mines Vocational Training arranged by the
company and contractor shall have no objection to it. Similarly, if company arranges safety classes /
training for the crew members, the contractor will not have any objection to such classes / training.
2.26 Contractor shall ensure that his/her crew follow the instruction of the company's engineer /
Junior engineer present at site. The crew members shall not refuse to follow any instruction given by
company's Installation Manager / Safety Officer / Engineer / Official / Junior Engineer on safe
operation.
2.27 Only adult physically & mentally fit personnel shall be employed as crew member/staff. In no
case, minor or adolescent workers shall be allowed to work as crew member/staff. Decision of
company's engineer / representative as to the competency & suitability of any such member engaged
by the contractor shall be final and binding on the contractor.
2.28 In order to maintain necessary operational efficiency, contractor is expected to possess a light
passenger vehicle (Jeep, Pickup, etc.) or any other light transport arrangement for transportation of
fuel, crew, expedients, maintenance staff or any other assistance required by the lorry loader/s from
time to time while on duty.
2.29 Contractor shall not refuse to operate his/her lorry loader/s in slushy, muddy, and underfoot
plinth conditions prevailing in oilfield areas, if company engineer certifies the condition of plinth.
2.30 Each and every lorry loader shall have provision of audio-visual alarm for reversing.
Reflecting tapes for easy identification from a distance shall be fixed at rear, front and either side of
the lorry loader.
2.31 Operator of each lorry loader shall possess valid HMV Driving Licence (Heavy); in no
circumstances an operator shall be allowed to operate a lorry loader without having a valid driving
licence. In such a default, the lorry loader shall be treated as shutdown.
2.32 Crew for each lorry loader shall comprise of 1(one) operator and 2(two) helpers/jugalies. In
case the minimum 2(two) helpers/jugalies are not available, the lorry loader shall not be allowed to
operate and shall be treated as shutdown. However, in case of emergency when situation arises to
utilise the service of the lorry loader even with 1(one) helpers/jugalies, a penalty of Rs. 300/-
(Rupees three hundred only) per lorry loader per day or part thereof will be imposed and same shall
be deducted from contractor's bill. In no case a lorry loader without any helper/jugali shall be
accepted and allowed to work.
2.33 The lifting tackles such as ropes, slings, chains, shackles etc. should be as per BIS. The
company's engineer / Junior engineer present at site shall have the power to reject any of these lifting
equipment, if found not suitable for use.
2.34 Records of daily attendance, accident report etc. are to be maintained in Form B, E, J (as per
Mines Rules 1955) by the contractor and to be countersigned by competent official from the
company. Besides above, all other activities are to be in compliance with the provisions of Oil Mines
Regulations 1984, Mines Act 1952.
2.35 Except the rates detailed in Part-II including escalation/reduction in the same due to change in
fuel price, as applicable, no other charges, whatsoever may be, shall be payable to the contractor
under this contract agreement.
2.36 Substantial control of the Lorry Loaders will rest with the contractors.
3.1 Each lorry loader shall at all times be COMPREHENSIVELY INSURED by the contractor
against all risks at his/her own cost. Each lorry loader shall also possess all valid statutory
certificates viz. Registration, Pollution/Emission, Fitness, Permits, Load Test certificate, etc.
throughout the contractual period.
3.2 All lorry loaders shall be duly inspected / tested by the company before accepting any unit for
its operation. Such inspection/test shall be carried out entirely at contractor's risk. Any lorry loader
found deficient or defective in any manner shall not be accepted until such deficiency is completely
rectified to the satisfaction of the company. Inspection / testing shall include amongst other
operational testing of all functions of complete lorry loader unit, Load testing, physical weighing
(basically to ascertain Stability Index), verification of all test certificates, etc.
3.3 At the time of above inspection during placement, all certificates and documents as detailed in
para. 6.1 hereunder shall be submitted amongst other relevant certificates/documents required for
inspection.
3.4 In addition to inspection at the time of placement, each lorry loader shall be inspected every
three months thereafter or as & when considered necessary by the company during the tenure of the
contract. Any deficiency / defect found during such inspection must be rectified by the contactor to
the full satisfaction of the company.
3.5 At the time of each inspection, all certificates/documents detailed above as well as other
documents viz. driver's license, etc. shall be submitted in original for inspection/verification.
must have loader manufacturing / assembling setup of the particular Make of loader in India
since last 3(three) years as on 31.12.2012, as applicable.
iii. The manufacturer (OEM) or their Indian business partner must have sold min.
5(five) units of loaders of min 18 TM capacity in India during last 3(three) years as on
31.12.2012.]
The loader unit as defined under para. 4.1 above shall be mounted on a BRAND NEW
TRUCK CHASSIS (procured and registered after issuance of LOI) meeting specifications as
under -
a. Make & Origin:- Reputed truck chassis namely Volvo, Tata, Ashok Leyland or MAN.
b. GVW not less than 16,000 Kg.
c. Wheelbase & Length:- Approx. 4250 mm and approx. 7500 mm respectively.
d. Engine output & Emission norms:- Adequate power output not less than 120HP at
rated RPM meeting min. Euro III / BS III emission norms. (The truck engine shall be used to
power the loader unit).
e. Drive, Wheel & Steering:- 4x 2 Drive with Power Assisted Steering. Steering on Right
Hand side of unit i.e. Right Hand Drive unit; Left Hand Drive unit is not acceptable. 6 + 1
wheel of size approx. 10.00 x 20.
f. Transmission and PTO:- Factory built provision for PTO mounting.
g. Driver's Cabin:- All steel construction original Factory Built by the chassis
manufacturer Full Forward Control Sleeper type driver's cabin.
h. Truck Platform:- All welded steel construction platform suitably designed for min.
7.0 MT load and of length approx. 4500 mm and width approx. 2500 mm behind driver's cabin
after keeping sufficient space for mounting the loader unit. The width of the platform IN NO
CASE shall be less than the overall width of the loader unit including its base & stabilisers at
its collapsible position. Platform height as minimum as possible; preferably within 1250 mm.
Front board of approx. 750 mm height. Side & Rear boards (dalla) not required.
A. Stability Index not less than 1.5 at sides & rear, and not less than 1.0 at front (to
maintain the desired Stability Index, the truck platform may be made heavier as necessary - to
note para. (I) below).
B. Suitable Load Limiting Device for all loader functions.
C. Independently operated beam & jack operations for all stabilizers for perfect
levelling. All operations in failsafe mode with positive hydraulic locking provisions in all
actuators, as applicable. However, stabiliser horizontal beams may be an exception.
D. Electronic control/monitoring system with display unit to control all aspects of loader
operations as well as to indicate state of the loader and preferably mounted near the control
console at suitable location (Remote Control arrangement not required).
E. Constant load lifting capacity in all boom angle positions.
F. Suitable in-build system to arrest vibration of boom/loader unit during load handling.
G. Suitable in-built devices to lift heavier load close to the column and to higher
position.
H. Overall length approx. 7500 mm.
I. Total weight within approx. 10 MT (without payload i.e. cargo weight).
Contractor Page No.7/11 Company
E-TENDER NO.: CDI4450P12 Part-III (SCC)
J. The truck platform must be fabricated and mounted on the truck chassis by the
manufacturer (OEM) of the loader unit or their India business partner or their authorised
fabricators under their direct supervision. In no case, platform subsequently
fabricated/mounted by the bidder shall be acceptable. Similarly, loader unit subsequently
mounted on the truck chassis by bidders is not acceptable. This is very important as
construction parameters of the platform as well as mounting details of the loader unit on truck
chassis have direct load bearings on the safety parameters especially the Stability Index of a
complete lorry loader unit.
Following tools & accessories shall be provided with each lorry loader unit -
a). Standard tool kit, wheel wrench, 1 No. minimum 30 MT capacity hydraulic jack with
handle, etc.
b). 3 Nos. minimum 20 ft long binding chains of adequate size & capacity with hooks at
each end for binding materials on platform for transportation.
c). 3 Nos. load binders of adequate capacity.
d). All necessary slings, chains, tools, tackles, stanchions, craw bars, etc. required for safe
loading / unloading, handling, transportation of materials of different sizes & shapes by the lorry
loader.
d) "ON OIL INDIA DUTY" shall be painted prominently on the body of vehicle.
a. Certificate of Origin of loader unit, Load Test certificate, Stability Index certificate,
Laden Weight certificate and other statutory certificates (all in original), as applicable and as issued
by the lorry loader manufacturer (OEM).
b. Final constructional drawing with material descriptions of the truck platform and
mounting details of loader unit on truck chassis from OEM.
c. Certificate of Fabrication (of the truck platform and mounting of loader unit on truck
chassis) from OEM.
d. Copy of Sale Certificate (Form 21) & Emission Certificate from the truck chassis
manufacturer.
e. All other statutory certificates viz. Registration, Pollution/Emission, Fitness, Permits,
Driver's license, Comprehensive Insurance, etc. as per MV Act.
A. Number of units and Make & Model of units offered (reference para. 1.1 & 1.2 above).
C. In addition to the documents in support of turnover and experience, etc. as required under
BRC, the following documents must be submitted along with bid (Un-priced Techno-Commercial
Bid) for bid evaluation -
i. Original printed technical leaflet/brochure of the loader units offered containing detailed
information on above (4.1 to 5.0 as applicable) amongst others.
ii. Original printed technical leaflet/brochure on truck chassis offered.
iii. DETAILS ON STABILITY INDEX CALCULATIONS.
iv. Dimensional drawing of complete unit with platform including mounting details/drawing
of loader unit on truck chassis.
v. Brief details on the hydraulic system or hydraulic schematics of loader unit including
stabilisers (all horizontal beams & vertical jacks of front as well as rear stabilisers) to the extent
possible.
vi. Documentary evidence in support of international presence, having manufacturing /
assembly setup in India, selling requisite quantity of loader units as per Note under para. 4.1 above
from the manufacturer (OEM) or Indian business partner, as applicable, (documentary evidences
against all three clauses, as applicable).
vii. Undertaking as per para. 6.2(B) above.
c. Telephone No.
d. Mobile No.
e. e-mail ID
f. Fax No.
g. Contact Person
h. Contact persons contact No.
i. Tax exemption certificate No.
j. CST Registration No.
k. Local sales tax regn. No.
l. PAN No.
m. Bank details: Name:
Address:
A/c Type:
A/c No.:
IFSC/RTGS Code:
NEFT Code:
n. VAT Regn. No.
o. Service Tax Regn. No.
If not available then to be
submitted on the issuance of
LOA.
p.. PF code no.
Or a declaration by the applicant
that provisions of Provident
Fund Act is not applicable to
them. In case P.F. is required to
be deposited later on, the same
will be deposited by the bidder)
q. Vendor code with OIL
(if available)
Signature: _________________________________
Name in Block letters ________________________
For M/S. _______________________________
Contractor Page No.11/11 Company
E-TENDER NO. CDI4450P12 Part- IV SCPME
To,
HEAD-CONTRACT
Oil India Limited
DULIAJAN-786602
SUB: SAFETY MEASURES
Description of work/service:
HIRING SERVICES OF 2(TWO) NOS. MINIMUM 18 TM CAPACITY BRAND NEW
KNUCKLE BOOM HYDRAULIC LORRY LOADER AS PER SPECIFICATIONS, TERMS &
CONDITIONS AS IN THE TENDER DOCUMENT, TO BE STATIONED AT ANY PLACE OF OIL'S
ACTIVITIES IN ASSAM & ARUNACHAL PRADESH FOR A PERIOD OF 4(FOUR) YEARS,
EXTENDABLE BY 1(ONE) YEAR IF REQUIRED.
Sir,
We hereby confirm that we have fully understood the safety measures to be adopted during execution of
the above contract and that the same have been explained to us by the concerned authorities. We also give the
following assurances.
a) Only experienced and competent persons shall be engaged by us for carrying out work under the said
contract.
b) The names of the authorized persons who would be supervising the jobs on day to day basis from our
end are the following:
i) ________________________________
ii) ________________________________
iii) ________________________________
The above personnel are fully familiar with the nature of jobs assigned and safety precautions required.
c) Due notice would be given for any change of personnel under item(b) above.
d) We hereby accept the responsibility for the safety of all the personnel engaged by us and for the safety
of the Company's personnel and property involved during the course of our working under this contract. We
would ensure that all the provisions under the Oil Mines Regulations, 1984 and other safety rules related to
execution of our work would be strictly followed by our personnel. Any violation pointed out by the Company's
Engineers would be rectified forthwith or the work suspended till such time the rectification is completed by us
and all expenditure towards this would be on our account.
e) We confirm that all persons engaged by us would be provided with the necessary Safety Gears at our
cost.
f) All losses caused due to inadequate safety measures or lack of supervision on our part would be fully
compensated by us and the Company will not be responsible for any lapses on our part in this regard.
g) We shall abide by the following HSE (Health, Safety & Environmental) POINTS:
2. Every person deployed by the contractor in a mine must wear safety gadgets to be provided by the contractor.
The Contractor shall provide proper Personnel Protective Equipment as per the hazard identified and risk assessed
for the job and conforming to statutory requirement and company PPE schedule. Safety appliances like protective
footwear, Safety Helmet and Full Body harness has to be DGMS approved. Necessary supportive document shall
have to be submitted as proof. If the Contractor fails to provide the safety items as mentioned above to the
working personnel, the Contractor may apply to the Company (OIL) for providing the same. OIL will provide the
safety items, if available. But in turn, OIL will recover the actual cost of the items by deducting from Contractor's
Bill. . However, it will be the Contractor's sole responsibility to ensure that the persons engaged by him in the
mines use the proper PPE while at work. All the safety gears mentioned above are to be provided to the working
personnel before commencement of the work.
3. The Contractor shall prepare written Safe Operating Procedure (SOP) for the work to be carried out, including
an assessment of risk, wherever possible and safe methods to deal with it/them. The SOP should clearly state the
risk arising to men, machineries & material from the mining operation / operations to be done by the contractor
and how it is to be managed.
4. The contractor shall provide a copy of the SOP to the person designated by the mine owner who shall be
supervising the contractor's work.
5. Keep an up to date SOP and provide a copy of changes to a person designated by the Mine Owner /Agent
/Manager.
6. Contractor has to ensure that all work is carried out in accordance with the Statute and SOP and for the purpose
he may deploy adequate qualified and competent personnel for the purpose of carrying out the job in a Contractor
1 Company SCC safe manner. For work of a specified scope/nature, he should develop and provide to the mine
owner a site specific code of practice in line.
7. All persons deployed by the contractor for working in a mine must undergo Mines Vocational Training, initial
medical examination, PME. They should be issued cards stating the name of the contractor and the work and its
validity period, indicating status of MVT, IME & PME.
8. The contractor shall submit to DGMS returns indicating - Name of his firm, Registration number, Name and
address of person heading the firm, Nature of work, type of deployment of work persons, Number of work
persons deployed, how many work persons hold VT Certificate, how many work persons undergone IME and
type of medical coverage given to the work persons.
9. The return shall be submitted quarterly (by 10th of April, July, October & January) for contracts of more than
one year. However, for contracts of less than one year, returns shall be submitted monthly.
10. It will be entirely the responsibility of the Contractor/his Supervisor/representative to ensure strict adherence
to all HSE measures and statutory rules during operation in OIL's installations and safety of workers engaged by
him. The crew members will not refuse to follow any instruction given by company's Installation Manager /
Safety Officer / Engineer / Official / Supervisor/Junior Engineer for safe operation.
11. Any compensation arising out of the job carried out by the Contractor whether related to pollution, Safety or
Health will be paid by the contractor only.
12. Any compensation arising due to accident of the Contractor's personnel while carrying out the job, will be
payable by the contractor.
13. The contractor shall have to report all incidents including near miss to Installation Manager / departmental
representative of the concerned department of OIL.
14. The contractor has to keep a register of the persons employed by him/her. The contractor's supervisor shall
take and maintain attendance of his men every day for the work, punctually.
15. If the company arranges any safety class / training for the working personnel at site (company employee,
contractor worker, etc) the contractor will not have any objection to any such training.
16. The health check up of contractor's personnel is to be done by the contractor in authorized Health Centers as
per OIL's requirement & proof of such test(s) is to be submitted to OIL. The frequency of periodic medical
examinations should be every five years for the employees below 45 years of age and every three years for
employees of 45 years of age and above.
17. To arrange daily tool box meeting and regular site safety meetings and maintain records.
18. Records of daily attendance, accident report etc. are to be maintained in Form B, E, J (as per Mines Rules
1955) by the contractor.
19. A contractor employee must, while at work, take reasonable care for the health and safety of people who are at
the employee's place of work and who may be affected by the employee's act or omissions at work.
20. A contractor employee must, while at work, cooperate with his or her employer or other persons so far as is
necessary to enable compliance with any requirement under the act or the regulations that is imposed in the
interest of health, safety and welfare of the employee or any other person.
21. Contractor's arrangements for health and safety management shall be consistent with those for the mine
owner.
22. In case Contractor is found non-compliant of HSE laws as required company will have the right for directing
the contractor to take action to comply with the requirements, and for further non-compliance, the contractor will
be penalized prevailing relevant Acts/Rules/Regulations.
23. When there is a significant risk to health, environment or safety of a person or place arising because of a non-
compliance of HSE Measures Company will have the right to direct the contractor to cease work until the non-
compliance is corrected.
24. The contractor should prevent the frequent change of his contractual employees as far as practicable.
25. The contractor should frame a mutually agreed bridging document between OIL & the contractor with roles
and responsibilities clearly defined.
26. For any HSE matters not specified in the contract document, the contractor will abide the relevant and
prevailing Acts/rules/regulations/ pertaining to Health, Safety and Environment.
Date____________ M/s_______________________________
FOR & ON BEHALF OF CONTRACTOR
Page 1 of 6
INTEGRITY PACT
Between
Oil India Limited (OIL) hereinafter referred to as "The Principal"
And
( Name of the bidder ).......................................hereinafter referred to as "The
Bidder/Contractor"
Preamble :
The Principal intends to award, under laid down organizational procedures, contract/s for
HIRING SERVICES OF 2(TWO) NOS. MINIMUM 18 TM CAPACITY BRAND
NEW KNUCKLE BOOM HYDRAULIC LORRY LOADER AS PER SPECIFICATIONS,
TERMS & CONDITIONS AS IN THE TENDER DOCUMENT, TO BE STATIONED AT
ANY PLACE OF OIL'S ACTIVITIES IN ASSAM & ARUNACHAL PRADESH FOR A
PERIOD OF 4(FOUR) YEARS, EXTENDABLE BY 1(ONE) YEAR IF REQUIRED.
The Principal values full compliance with all relevant laws and regulations, and the
principles of economic use of resources, and of fairness and transparency in its relations
with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned international
Non-Governmental Organisation "Transparency International" (TI). Following TI's
national and international experience, the Principal will appoint an external independent
Monitor who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
2. The Principal will, during the tender process treat all Bidders with equity
and reason. The Principal will in particular, before and during the tender
process, provide to all Bidders the same information and will not provide
to any Bidder confidential/additional information through which the Bidder
could obtain an advantage in relation to the tender process or the
contract execution.
3. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the relevant Anti-Corruption Laws of India, or if there
be a Page 2 of 6 substantive suspicion in this regard, the Principal will inform its
Vigilance Office and in addition can initiate disciplinary actions.
Contractor Company
E-TENDER No. CDI4450P12 PART-VI INTEGRITY PACT
Page 2 of 6
Section 2 - Commitments of the Bidder/Contractor
2. The Bidder/Contractor will not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications,
certifications, Subsidiary contracts, submission or non-submission of
bids or any other actions to restrict competitiveness or to introduce
cartelisation in the bidding process.
3. The Bidder/Contractor will not commit any offence under the relevant
Anticorruption Laws of India; further the Bidder/Contractor will not use
improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of
the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted
electronically.
4. The Bidder/Contractor will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the
contract.
(2) The Bidder/Contractor will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
If the Bidder, before contract award has committed a transgression through a violation
of Section 2 or in any other form such as to put his reliability or risibility as Bidder into
question, the Principal is entitled to disqualify the Bidder from the tender process or to
terminate the contract, if already signed, for such reason.
Contractor Company
E-TENDER No. CDI4450P12 PART-VI INTEGRITY PACT
Page 3 of 6
2. The Bidder accepts and undertakes to respect and uphold the Principal's Absolute
right to resort to and impose such exclusion and further accepts and undertakes
not to challenge or question such exclusion on any ground, including the lack of
any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
1. If the Principal has disqualified the Bidder from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover
from the Bidder liquidated damages equivalent to 3 % of the value of the offer or
the amount equivalent to Earnest Money Deposit/Bid Security, whichever is
higher.
3. The bidder agrees and undertakes to pay the said amounts without protest or
demur subject only to condition that if the Bidder/Contractor can prove and
establish that the exclusion of the Bidder from the tender process or the
termination of the contract after the contract award has caused no damage or
less damage than the amount or the liquidated damages, the
Bidder/Contractor shall compensate the Principal only to the extent of the
damage in the amount proved.
Contractor Company
E-TENDER No. CDI4450P12 PART-VI INTEGRITY PACT
Page 4 of 6
1. The Bidder declares that no previous transgression occurred in the last 3 years
with any other Company in any country conforming to the TI approach or with
any other Public Sector Enterprise in India that could justify his exclusion from
the tender process.
2. The Principal will enter into agreements with identical conditions as this one
with all Bidders, Contractors and Subcontractors.
3. The Principal will disqualify from the tender process all bidders who do not
sign this Pact or violate its provisions.
Contractor Company
E-TENDER No. CDI4450P12 PART-VI INTEGRITY PACT
Page 5 of 6
3. The Contractor accepts that the Monitor has the right to access without
restriction to all Project documentation of the Principal including that provided by
the Contractor. The Contractor will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors. The Monitor is
under contractual obligation to treat the information and documents of the
Bidder/Contractor/Subcontractor with confidentiality.
4. The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings could
have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to participate in such
meetings.
6. The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by
the 'Principal' and, should the occasion arise, submit proposals for correcting
problematic situations.
Contractor Company
E-TENDER No. CDI4450P12 PART-VI INTEGRITY PACT
Page 6 of 6
This Pact begins when both parties have legally signed it. It expires for the Contractor 12
months after the last payment under the respective contract, and for all other Bidders 6
months after the contract has been awarded.
If any claim is made/ lodged during this time, the same shall be binding and continue to
be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by Chairperson of the Principal.
4. Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intensions.
------------------------- ----------------------------------
For the Principal For the Bidder/Contractor
Contractor Company
E-TENDER NO.: CDI4450P12
PERFORMA-I
STATEMENT OF NON-COMPLIANCE
1.0 The Bidder shall furnish detailed statement of exceptions/deviations, if any, to the IFB
stipulations, terms and conditions in respect of each Section of Bid Document in the following
format:
Name: ______________________________________
NOTE:
OIL INDIA LIMITED expects the bidders to fully accept the terms and conditions of the
bid document. However, should the bidders still envisage some exceptions/deviations to the terms
and conditions of the bid document, the same should be indicated as per above format and submit
along with their bids. If the Statement of Non-Compliance in the above Proforma is left blank
(or not submitted along with the Un-priced Techno-Commercial Bid), then it would be
constructed that the bidder has not taken any exception/deviation to the IFB requirements.
E-TENDER NO.: CDI4450P12
PERFORMA-II
LETTER OF AUTHORITY
TO
HEAD (CONTRACTS)
OIL INDIA LIMITED
P.O. Duliajan - 786 602
Assam, India
Sir,
We confirm that we shall be bound by all and whatsoever our said representative shall
commit.
Yours Faithfully,
Name: ______________________________________
Name: ______________________________________
Date: ______________________________________
E-TENDER NO.: CDI4450P12
PERFORMA-III
FORMAT OF BID SECURITY (BANK GUARANTEE) OR ANY OTHER FORMAT
ACCEPTABLE TO OIL
To:
M/s. OIL INDIA LIMITED
For Head (Contracts)
Duliajan, Assam, India, Pin - 786 602.
SEALED with the common seal of the said Bank this _________ day of
________________ 2013.
THE CONDITIONS of these obligations are:
(1) If the Bidder withdraws their Bid during the period of Bid validity specified by the
Bidder; or
(2) If the Bidder, having been notified of acceptance of their Bid by the Company during
the period of Bid validity:
(a) Fails or refuses to execute the form of agreement in accordance with the Instructions
to Bidders; or
(b) Fails or refuses to furnish the Performance Security in accordance with the
Instructions to Bidders;
We undertake to pay to Company up to the above amount upon receipt of its first written
demand (by way of letter/fax/cable), without Company having to substantiate its demand
provided that in its demand Company will note that the amount claimed by it is due to it owing to
the occurrence of one or both of the two conditions, specifying the occurred condition or
conditions.
This guarantee will remain in force up to and including the date (**) and any demand in
respect thereof should reach the Bank not later than the above date.
__________________________
(Signature, Name and Address)
Date: ________________Place: _____________
* The Bidder should insert the amount of the guarantee in words and figures.
* * Date of expiry of Bank Guarantee should be minimum 210 days from the date of
opening of Technical Bid i.e minimum up to 07.10.2013