Professional Documents
Culture Documents
TENDER DOCUMENT
TENDER FOR INSTITUTIONAL CAR RENTAL (Rate Contract)
Tender No. 2011/IRCTC/Tourism/Car Rental (Institutional)
(Cost: Rs 525/-non refundable)
Address
:
Deputy General Manager/ Tourism
Indian Railway Catering and Tourism Corporation Limited,
Ground Floor, STC Building, Jawahar Vyapar Bhawan,
01 Tolstoy Road, Connaught Place,
New Delhi-110001
Tel: 011-233701100, 01
Fax: 011-23701177
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2011/IRCTC/Tourism/
Tourism/ Car Rental (Institutional)
List of Contents
S. no.
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Particulars
Page No.
DISCLAIMER
1. The information contained in this Tender is being provided by IRCTC for the
limited purposes of enabling the Bidders to participate and submit a Bid in
response to this Tender for Institutional Car Rental (Rate Contract). In no
circumstances shall IRCTC, or its respective advisors, consultants, contractors,
servants and/or agents incur any liability arising out of or in respect of the issue of
this Tender, or the Bidding Process.
2. The objective of the Bid document is to provide the prospective Bidder(s) with all
relevant information to assist the formulation of proposals or bids.
3. This Tender may not be appropriate for all persons, and it is not possible for the
IRCTC, its employees or advisors to consider the investment objectives,
financial situation and particular needs of each party who reads or uses
this Tender. The
assumptions, assessments, statements and information
contained in this Tender may not be complete, accurate, adequate or correct.
Each Bidder should therefore, conduct its own due-diligence, investigations
and analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments, statements and
information contained in this Tender and obtain independent advice from
appropriate sources.
4. Nothing in this Tender shall be construed as legal, financial or tax advice. IRCTC
will not be liable for any costs, expenses, however so incurred by the Bidders in
connection with the preparation or submission of their Bid. IRCTC reserves the
right to amend this Tender or its terms and any information contained herein or to
cancel the Bidding Process or altogether abandon the Project at any time by
notice, in writing, to the Bidders. Further, it may in no event be assumed that
there shall be no deviation or change in any of the herein-mentioned information.
5. IRCTC may, in its absolute discretion but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this Tender.
6.
7. Each Bidders acceptance of delivery of this Tender constitutes its agreement to,
and acceptance of the terms set forth in this Disclaimer. By acceptance of this
Tender, the recipient agrees that this Tender and any information herewith
supersedes document(s) or earlier information, if any, in relation to the subject
matter hereof.
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2011/IRCTC/Tourism/
Tourism/ Car Rental (Institutional)
Annexure I
General:
Date & Time up to which Tenders will be received: 18th Nov2013 till 12.00 hrs
Date & Time of Opening of Tender: 18th Nov 2013 at 12.30 hrs
(Tender will be opened in presence of bidders, whosoever wishes to be present in the
office of the corporation to witness the opening of Tender.)
Envelope containing the Tender to be addressed to:
Deputy General Manager
anager (Tourism)
Indian Railway Catering & Tourism Corporation Ltd.
11th Floor, A Wing, Statesman House, B-148,
B
Barakhamba
khamba Road, Connaught Place,
New Delhi-110001
2.0 Documents to be submitted by Tenderers:
1. Bid document,, along with all tender papers, must be submitted in a sealed cover
marked as Tender for Car Rental (Institutional)
(Institutional).
All tender papers submitted should be serially numbered on the top right hand
corner of every page of the Bid Document including the Annexure.
The Cover Page of tender document, having six digits serial number should be
kept as page no. 1 (one) of the Tender Document.
The EMD amounting to Rs. 1,00,000/- (One lakh only) in form of Demand
Draft/Bankers cheque drawn in favour of Indian Railway Catering &
Tourism Corporation Ltd. issued by any Nationalized Bank/ Scheduled
Commercial Bank payable at New Delhi, should be attached with Cover page
(page number one)
one), of the Tender Document.
The name and address of the applicant should be mentioned on the reverse of
the Demand Draft/Bankers Cheque, attached as EMD.
All pages of the tender document should be duly signed and stamped by the
signatory of the applicant. The tender document should be submitted in original.
Tender document not submitted in original, and Failure to sign and stamp in
all pages may lead to disqualification of bidder.
The date and time of opening of the Financial Bid Part B shall be
intimated to the shortlisted Bidders and shall be opened at such an
appointed date and time in the presence of those Bidders or their
representatives who choose to be present. In addition, the following shall
also apply.
4.3
During tender evaluation, IRCTC may, at its discretion, ask the Bidder for
a clarification of its tender. The request for clarification and response
shall be in writing, and no change in the price or substance of the tender
shall be permitted in response.
4.4
and any written clarifications sought by IRCTC in writing the response to which shall
also be in writing and no change in rates shall be sought, offered or permitted.
9.0 The tenderers shall supply the services, as and when desired by IRCTC, at the
accepted rate.
10.0 Tenders are not transferable.
11.0 IRCTC reserves the right to reject or accept any tender in whole or in part on
account of credentials, technical capability, past performance or any other evaluation
criteria to ensure uninterrupted services. The decision of IRCTC in this regard will be
final and IRCTC shall not be liable to assign any reasons for the decision.
Technical Criteria
Earnest Money Deposit (EMD) Rs. 100,000 through DD /
Bankers Cheque.
7.
8.
9.
11.
Copy of Certificate from one Govt. org/ PSU and at least five
MNCs regarding successfully completion/ execution of Contract.
Proof of recognition by Govt. Of India as a Tourist Transport
operator and/or by the Regional Transport office, as a commercial
fleet operator.
Copy of Service Tax registration of firm/ company.
12.
13.
14.
2.
3.
4.
5.
6.
10.
Please Tick
Disclaimer
I/We understand that merely filling of checklist Performa does not mean the qualification
under Packet A (Technical Bid) has been fulfilled. The papers/EMD submitted will be
checked and verified by the IRCTC subsequently, and the decision taken by IRCTC will
be final and binding on me/us.
PACKET A
5. The Agency/Firm etc. should be at least serving one Govt. organization /PSU and at
least five MNCs/ Listed Companies on regular basis at present and be serving with
sufficient number (at least150) of various categories of cars.
6.
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SCOPE OF WORK
The Scope of work is to provide cars on monthly rental basis as well as on occasional
requirement to the employees and all persons authorized to travel on behalf of IRCTC.
1. The Agency shall press into service only well maintained good quality Cars,
properly cleaned inside with good interior and in perfect running condition
without dent or damage from outside. The car shall always be provided with
decent upholstery, cleaned seat cover and other basic fittings/accessories for
maximum comfort of the passenger. The car should be insured comprehensively.
The car/vehicle provided should not be under litigation etc.
2. The Vehicle must comply with all pollution norms applicable and as amended
from time to time.
3. Each Car shall have a small portable fire extinguisher and driver should have
training certificate for the use of fire extinguisher.
4. Vehicles should be equipped with face tissues, Vehicle perfume and first aid kit
(to be refreshed regularly).
5.1 The firm should ensure that the drivers employed hold valid driving license with
minimum two years of experience, must be well behaved, reasonably educated,
conversant with traffic rules/regulations and Delhi/NCR (Gurgaon, Ghaziabad,
Noida, Faridabad) roads/routes as well as with the security instructions. Drivers
should be properly dressed and have a neat and clear appearance befitting a driver for
senior officials.
5.2 Each driver employed by the firm must have uniform with identity card indicating
their name, company name, DL no., blood group; and a cell-phone duly activated.
5.3 While on duty the driver should keep with him the proper & up-to-date records of
the vehicle, valid driving license and sufficient fuel for duty and money for Toll tax,
parking charges etc.
5.4 The courtesy and good behavior on the part of the driver is important.
Discourteous or careless driver shall be replaced on demand.
5.5 The contractor shall take the responsibility of getting police verification done for
the drivers assigned, and ensure that they are medically fit to drive. IRCTC at their
discretion may call for proof as and when required and the contractor would have to
produce the same.
5.6 The contractors is solely responsible for all actions including payment of any type
of claims arising out of infringement of rules, challans, accident or any other
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unforeseen happening. IRCTC shall not at all be held responsible on this account. In
case the vehicle is withdrawn for maintenance, repair, breakdown a substitute vehicle
should be provided forthwith.
5.7 The controlling officer of this department to whom the vehicle is attached is
empowered to return the vehicle if he feels that it is not worth traveling due to any
irregularity and the contractor would be required to replace the Vehicle/driver within
time acceptable/as per the convenience of traveling officer at the cost and risk of the
contractor. No payment will be made for the day, if the contractor fails to render
service in time for the day.
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Vehicles provided to IRCTC should be appropriately registered as per the extant laws
and regulations.
Vehicles to be provided by the Contractor should not be older than 02 years and not
be used more than 40,000 Kms at the time of use. Vehicle should be in perfectly
sound running condition and suitable for use by IRCTC officials. CNG vehicles shall
not be accepted, except for the cargo vehicle.
The contractor shall assign the job of driving of hired vehicles only to qualified
experienced licensed drivers and also assume full responsibility for the safety and
security of the officers/ officials as well as essential store items while running the
vehicle by ensuring safe driving. IRCTC shall have no direct or indirect liability
arising out of such negligent, rash and impetuous driving which is an offence under
section 279 of IPC and any loss caused to IRCTC have to be suitably compensated by
contractor. The contractor shall be appoint one supervisor/executive at IRCTC/CO to
coordinate the booking and monitoring of vehicles with the agency/drivers etc.
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(i)
(ii)
(iii)
Segment Of vehicle
Upper Segment
Mid Segment Category 1
Mid Segment Category 2
Small Segment
No Of vehicles required
(26 Days/Months; 12Hrs./Day)
01-02
02-04
14-16
04-06
Mid Segment Category 1 Maruti SX4, Nissan Sunny, Hyundai Verna, Renault Scala,
Skoda Rapid, Volkswagen Vento.
Mid Segment Category 2 Maruti Swift Dezire, Honda Amaze, Toyota Etios, Honda
City, Mahindra Verito, Tata Manza.
Small Segment Maruti Swift, Maruti Ritz, Maruti Wagon R, Toyota Etios Liva.
Note: List is only indicative, and not exclusive.
Upon request from IRCTC, the contractor shall provide Vehicles for
IRCTC employees and any other person authorized by IRCTC.
(ii)
(i)
(ii)
Half Day would imply a run of the Vehicle up to 40 kilometer and/or 4 hours
duration.
Note:
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10.1
S. No.
Segment Of vehicle
1
2
3
4
5
Upper Segment
Mid Segment
Small Segment
Buses (AC & Non AC)
Cargo Vehicle (CNG)
11. The Log Book or duty slip is to be maintained by the contractor. Demand time,
Time of reporting and the end time should clearly be mentioned in duty slip, and
slip should be countersigned by the IRCTC officer using it. In case of loss of the
said Log-Book or Duty slip, the controlling officer's decision regarding payment
will be final.
12. The duty hours and kilo meters will be calculated from the reporting place and time to
releasing place and time of the vehicle on each day. A maximum of 1 hour and 10 dead
Kms shall be given to the Vehicle agency only as reporting time for the bookings. No
extra run for garaging will be entertained.
13. The contractor shall when called upon to do so, place at the disposal of IRCTC such
number of vehicles as any be required although the number of vehicles so demanded
may be more than the number of vehicles he is required to supply for the purpose of
execution of the contract at same rate and terms and conditions. The number of such
vehicles to be supplied extra will not be more than 50% of original schedule or
requirement in the Bid Document.
14. INFRASTRUCTURE
14.1 The contractor shall have an adequate infrastructure (proper office, telephone number,
fax machine, broadband connection, etc.) for ensuring satisfactory services.
15. SECURITY DEPOSIT
15.1The Security Deposit of Rupees 5, 00,000/- (Five lakh only) will be deposited within 07
days by the successful bidder (L1 cab contractor.)The EMD of successful bidder will be
adjusted in the Security Deposit. Others EMD will be returned within 30 days of finalization
of contract, without any interest.
15.2 No interest will be admissible on the Security Deposit/EMD or any other amount
payable by IRCTC to the contractor.
16. TENURE OF THE CONTRACT
The Contract will be valid for Two year after the date of issue of LOA & may be extended
for a further period of one year or more at the sole discretion of IRCTC. The decision of
IRCTC in this regard shall be final and binding.
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GENERAL CONDITIONS
GENERAL SERVICES RATE CONTRACT
1. Definitions
IRCTC means Indian Railway Catering and Tourism Corporation Ltd. and all of its
authorized representatives acting for and on behalf of IRCTC.
Contractor means the car rental agency its authorized representatives, successors, and
permitted associates.
Car/ Vehicle mean the motor vehicle provided by contractor on the basis terms and
conditions to the IRCTC officials.
Work means all the stated or implied activities to be performed by the contractor as
required by the contract.
Jobsite means the location earmarked by IRCTC at which work shall be performed
under this contract.
Contract Milestone(s) means the established completion date(s) set forth in the Special
condition titled Commencement, Progress and Completion of the work.
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4. CONTRACT INTERPRETATION
All questions concerning interpretation or clarification of this contract or applicable
standards and codes, including the discovery of conflicts, discrepancies, errors and
omissions, or the acceptable performance thereof by CAR RENTAL AGENCY, shall be
immediately submitted in writing to IRCTC for resolution. At all times CAR RENTAL
AGENCY shall proceed with the Empanelment in accordance with the determinations,
instructions and clarifications of IRCTC. CAR RENTAL AGENCY shall be solely
responsible for requesting instructions or interpretations and shall be solely liable for any
costs and expenses arising from its failure to do so.
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6.1 Permits
Except as otherwise specified, CAR RENTAL AGENCY shall procure and pay for all
permits, licenses, certifications and other applicable statutory stipulation governing
performance of the contractors Work.
6.2 Taxes
CAR RENTAL AGENCY shall pay all taxes, levies, duties and assessments of every
nature due in connection with the Empanelment under this contract and hereby
indemnifies IRCTC from any liability on account of any and all such taxes, levies, duties,
assessments and deductions.
Contract Price will be inclusive of all taxes, levies and duties, as applicable; other than
parking/toll charges which shall be reimbursed by IRCTC on submission of due
documentary proof. CAR RENTAL AGENCY shall pay all taxes at no additional cost to
IRCTC. Empanelment Contract Tax & withholding taxes under Income Tax Act, 1961
shall be deducted by IRCTC as per prevailing rate. Any increase in taxes shall also be
payable by the CAR RENTAL AGENCY.
6.3 Labor, Personnel and Work Rules
CAR RENTAL AGENCY shall employ only competent and skilled personnel to perform
the Empanelment and shall remove from the Empanelment any CAR RENTAL
AGENCY personnel determined to be unfit or acting in violation of any provision of this
contract. CAR RENTAL AGENCY is responsible for maintaining labor relations in such
manner that there is harmony among workers and shall comply with and enforce Project
and Jobsite procedures, regulations, work rules and work hours established by State
Government/Government of India from time to time.
In the event an employee of CAR RENTAL AGENCY found not suitable/unfit for the
job, CAR RENTAL AGENCY shall, promptly replace such individual with another who
is fully competent and skilled to perform the Work.
6.4
CAR RENTAL AGENCY shall not make any announcement, take any photographs, or
release any information concerning this contract, or any part thereof to any member of
the public, press, business entity, or any official body unless prior written consent is
obtained from IRCTC.
6.5
CAR RENTAL AGENCY shall maintain records and accounts in connection with the
performance of this contract for a period of 02 years from the expiration of CAR
RENTAL contract. IRCTC or their representatives shall have the right to examine the
records, at all reasonable times and with advance notification such records and accounts
for the purpose of verifying payments or requests for payments when costs are the basis
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6.8 Termination
IRCTC may by written notice to CAR RENTAL AGENCY terminate the Empanelment
under this contract in whole or in part at any time, either for IRCTCs convenience or for
the default of CAR RENTAL AGENCY. Upon such termination, all data, plans,
specifications, reports, estimates, summaries, lower-tier purchase orders and
subcontracts, completed work and work in progress, and other information and materials
as may have been accumulated by CAR RENTAL AGENCY in performing this contract
shall become the property of and be delivered to IRCTC. No amount shall be allowed for
anticipated profit on unperformed work.
If the termination is attributable to the default of CAR RENTAL AGENCY, IRCTC shall
have the right to complete such work by whatever method IRCTC may deem expedient at
the risk and cost of the agency. CAR RENTAL AGENCY shall cooperate with IRCTC
and any others involved in completion of any remaining work under this contract. An
equitable adjustment in the compensation shall be made based upon the cost for accepted
work. No amount shall be allowed for work in progress, termination costs or anticipated
profit on unperformed work. However, CAR RENTAL AGENCY and its sureties, if any,
shall be liable for all costs in excess of the Contract Price reasonably and necessarily
incurred in completion. Such costs may be deducted by IRCTC from such amount/money
as may be due or thereafter become due to CAR RENTAL AGENCY.
6.9 Final Inspection and Acceptance
When CAR RENTAL AGENCY considers the Empanelment under this contract, or any
IRCTC specified segment thereof, complete and ready for acceptance, CAR RENTAL
AGENCY shall notify IRCTC in writing. IRCTC will conduct such reviews, inspections
and tests as needed to satisfy IRCTC that each segment, or upon completion, the
Empanelment conforms to contract requirements. IRCTC will notify CAR RENTAL
AGENCY of any nonconformance and CAR RENTAL AGENCY shall take corrective
action and the acceptance procedure shall be repeated as required by IRCTC until each
segment or, upon completion, the Empanelment is accepted. If the Empanelment is
accepted in segments such acceptance is provisional pending Final Acceptance of the
Empanelment as a whole. IRCTCs written Notice of Final Acceptance of the work shall
be conclusive except for latent defects, fraud, or IRCTCs rights under the General
Condition titled WARRANTY.
6.10 Non-Waiver
Failure by IRCTC to insist upon strict performance of any terms or conditions of this
contract, or failure or delay to exercise any rights or remedies provided herein or by law,
or failure to properly notify CAR RENTAL AGENCY in the event of breach, or the
acceptance of or payment for any goods or services hereunder, or the review or failure to
review designs shall not release CAR RENTAL AGENCY from any of the warranties or
obligations of this contract and shall not be deemed a waiver of any right of IRCTC to
insist upon strict performance hereof or any of its rights or remedies as to any prior or
subsequent default hereunder nor shall any termination of work under this contract by
IRCTC operate as a waiver of any of the terms hereof.
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7. PENALTY CLAUSE
IRCTC will have the right to impose the following penalties at its full discretion per
incident/occasion.
7.1 Rash/Drunk driving: Includes drunk driving and driving in a way that may result in
injury/perceived threat
to the safety of the occupants or others on the road/over
speeding/not following traffic rules.
Having found guilty of consumption of alcohol on duty the driver must be replaced
immediately and shall be banned from serving IRCTC any further. If the contractor fails
to make alternative arrangements within acceptable time, the alternative arrangements
made by IRCTC would be at the cost and risk of the Contractor. This shall be in addition
to the above said penalties.
7.2 Non uniformed and untidy drivers
a) First time: Rs 300/- as penalty.
b) Second time: Rs 500/- as penalty.
c) Third time or more: Rs 1000/- as penalty each time.
7.3 Breakdown of vehicle
Alternate transport to be made available at vendors expense within acceptable time. In
case of failure all the cost of alternate transport plus a penalty of Rs. 500 will be charged.
7.4 Delayed cab reporting from the scheduled reporting time
Delay up to 10 minutes: No penalty
Delay in arrival from 10 minutes to 30 minutes: Rs 100.
(a) Letter of Warning detailing a monthly summary of delays.
(b) Rs 300/- fine for every delay of more than half an hour in reporting on the
scheduled pick up points.
7.5 Standard of Maintenance of the vehicles and the quality of services
7.5.1 Provision for Quality Check Team
Car rental agency should have a quality check team who would be responsible for
ensuring the level of maintenance and quality of services. Before sending the vehicle they
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should check that Vehicle is in good hygienic condition, properly clean from inside and
outside, driver is sober, in proper uniform and carrying mobile while on duty.
In spite of above Quality Check if any discrepancy found during inspection or upon
receiving any complaints from any IRCTC officer/Staff, the contractor would be
penalized as per the provision for penalty.
7.5.2 Clause for Feedback
CAR RENTAL AGENCY would be expected to maintain a processfor collecting regular
feedbacks from IRCTC officials using the vehicles in a format prescribed by IRCTC for
occasional hiring. This feedback shall be used as a tool for monitoring services of the
CAR RENTAL AGENCY.
Note: -In case of regular/repetitive default, IRCTC shall have the right to make any
substitute arrangement it may deem necessary at the cost and risk of the Contractor or to
forthwith terminate this agreement with/without any previous notice to the Contractor
and in case of such termination the Security Deposit be forfeited by the IRCTC and the
Contractor shall have no claim what so ever against IRCTC.
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SPECIAL CONDITIONS
1.
Insurance cover:-
Contractor shall arrange for comprehensive insurance cover for the passengers/tourists
and their luggage against accident/theft or any eventuality under any unforeseen
circumstances.
The contractor shall ensure that insurance cover also covers its own employees and the
damage to property or person of any member of public by contractors vehicles or staff.
Contractor shall deliver to IRCTC no later than (10) calendar days after award, but in any
event prior to commencing the work or entering the jobsite, certificates of insurance
evidencing such coverage and limits of insurance are in full force and effect.
2. Booking & Payment Mechanism
2.1 Institutional booking on monthly basis:
The institutional booking will be advised to the contractor in writing. The details
provided in the indent will indicate number of vehicles, place of reporting, time of
reporting & approximate duty hours.
For any minor day to day changes in quantity of vehicles, time/place of reporting etc., the
IRCTCs representative posted to the institutional clients office,(optional)
will advise the changes telephonically which will be confirmed in writing within 24
hours. These changes will generally be advised about 10 to 12 hours prior to the duty
time. The contractor will maintain a complete record of the changes advised and furnish
copies of the same with his billing.
The short term requirements/emergent requirements of vehicles by the institutional client
will be advised on telephone followed by a written confirmation. In some of these cases,
the time notice for making available the vehicle could be as short as one hour.
2.2 Payment to the car rental agency for institutional hiring of vehicles for railway
& other such organization
The car rental agency will raise the bill for the institutional bookings, based on actual
usage in terms of kilometers & hours of utilization and such bills for the month will be
preferred by the third day of the subsequent month. The claims should be duly
accompanied with all requisite-supporting documents. IRCTC will generally release the
payment within 15 days of the receipt of the claim along with supporting documents.
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2.2.1
The contractor will raise the bill for the institutional bookings, based on actual usage in
terms of kilometers & hours of utilization and such bills for the month will be preferred
by the third day of the subsequent month. IRCTC will generally release the payment
within 15 days of the receipt of the claim along with supporting documents.
3. Conditions Governing the Performance of the Agency
3.1 Acceptance of award of License and submission of Security Deposit
Successful parties would be required to accept the offer for award of license along with
payment of security deposit as per schedule prescribed by IRCTC. In case, offer for
award of license is not accepted within the time limit fixed by IRCTC, the concerned
agency may be debarred for participating in the future tenders of IRCTC for a period of
one year.
3.2 Submission of Security Deposit
The agency on being asked, shall deposit the Security deposit, as intimated by IRCTC,
within the time period stipulated by IRCTC, failing which their claim to the contract shall
cease.
3.3 Execution of Agreement
The successful empanelled agency shall be required to execute an agreement on nonjudicial stamp paper of Rs.100/- at his cost before start of work. Till then the letter of
award of License shall form the binding agreement between IRCTC and the Licensee.
3.4 Verbal or written arrangements other than the agreement
Except as here by otherwise provided any verbal or written arrangements abandoning
varying or supplementing this agreement or any of the terms hereof shall be deemed
conditional and shall not be binding on the IRCTC unless until the same is endorsed on
the agreement or incorporated in a formal instrument and signed by the party(s).
3.5 Unsatisfactory Services etc.
In the event of unsatisfactory service, poor quality of articles, persistent complaints/
defaults and services below the standard or any failure or default at any time on the part
of the Car Rental Agency to carry out the terms and provisions of the agreement to the
satisfaction of the IRCTC (who will be sole judge and whose decision shall be final) it
shall be optional to the IRCTC to make any substitute arrangement it may deem
necessary at the cost and risk of the Contractor or to forthwith terminate this agreement
with/without any previous notice to the Contractor and in case of such termination the
Security Deposit be forfeited by the IRCTC and the Contractor shall have no claim what
so ever against IRCTC or any of the officials in consequence of such termination of the
agreement. No refund of proportionate EMD shall be admissible in case of Termination
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under this clause. The Contractor agrees to make good all cost and expenses, if any
incurred by the IRCTC for making the substitute arrangements referred to above. The
Contractor shall also be debarred from participating in the future projects of IRCTC for a
period of one year.
4. Events of Default
4.1 Breach of any terms and conditions of the License
In the event of any breach of the said terms and conditions of the License, the IRCTC
shall be entitled to forfeit the whole or the part of the Security Deposit, debarring the
Contractor from participating in the future projects of IRCTC for one year.
4.2 Termination of License on other Events of Default
The IRCTC shall also be entitled at any time forthwith to terminate the Agreement
without notice in any of the following events, that is to say (a) in the event of the
Contractor being convicted by a court of law under the provisions of criminal procedure
code or any other law (b) in the event of the Contractor being a proprietor or, if a firm,
any partner in the Contractor firm being at any time be adjudged insolvent or a receiving
order or order for administration of his estate made against him or shall take any
proceeding for liquidation or composition under any insolvency Act for the time being in
force or make any conveyance or assignment of his interest or enter into any agreement
or composition with his creditors for suspended payment, or if the firm be dissolved
under the partnership Act or, in the event of Contractor being a company, if the company
shall pass any resolution to be wound up either compulsorily or voluntarily (c)
Repudiation of agreement by Contractor or otherwise evidence of intention not to be
bound by the agreement. (d) Failure to adhere to any of the due dates of payment
specified in the terms and conditions. Immediately on the determination of this agreement
the Contractor shall peacefully vacate the premises and hand over to the IRCTC all
articles in the custody or possession of the Contractor and shall remove all his stores and
effects from the said premises. In default the IRCTC shall be entitled to enter and take
possession of the said premises and to lock up the same or remove the furniture or other
articles of the Contractor that may be lying there and to dispose of the same by sale or
otherwise without being liable, for any damage, and all expenses incurred in connection
therewith, shall be deducted by the IRCTC from the Security Deposit or pending bills of
the Contractor.
4.3 Fail to provide any record to IRCTC
IRCTC at their discretion may call for any record to satisfy them regarding operation of
the License and Contractor will arrange to provide all such relevant documents failing
which, it will amount to breach of contract condition of the Agreement.
5. Consequences of Default
5.1 Consequence of failure to start the services
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In the event of failure to provide, the requisite number of vehicles within a maximum
period of 15 days, from the date of letter for award of Contract License or period as
advised by IRCTC, IRCTC reserves the right to annual the Contract and forfeit the
Security Deposit, in the whole or part thereof as provided under terms and conditions of
the Contract. Contractor shall be debarred from participating in the future projects of
IRCTC for a period of twelve month. The decision of IRCTC will be final and binding in
this regard.
5.2 Notice for termination
In case of any event of default mentioned in Clause 8 having occurred, it shall be lawful
for the IRCTC any time thereafter to terminate the Contract and forfeit the Security
Deposit, subject however to the IRCTC having given to the Licensee fifteen (15) days
prior notice in writing to remedy or make good such breach and in spite of such notice
the Licensee having failed to remedy the breach. Upon termination of this Contract as
aforesaid, the Contractor shall remove its vehicles and staff from parking slots and
counters provided by IRCTC. The Contractor shall also be debarred from participating in
the future projects of IRCTC for a period of one year. This will be in addition to any
other action that IRCTC may take.
6. Force Majeure Clause
If at any time, during the contingence of the Tender, the performance in whole or in part
by either party of the obligation under the Tender is prevented or delayed by reason of
any war, or hostility, acts of the public enemy, civil commotion, sabotage, accidents,
fires, floods, explosions, epidemic, quarantine restrictions, strikes, lockouts, or acts of
God or such eventualities which are beyond the control of the party, herein after
referred as events and provided notice of happening of any such eventuality is given
by either party to the other within seven days from the date of occurrence thereof neither
party shall by reason of such event , be entitled to terminate the Contract, nor shall
either party have any claim for damages against the other in respect of such non
performance or delay in performance and deliveries under the Contract shall be
resumed as soon as practicable after such events as they come to an end or ceased
to exist.
7. Applicable Law
The laws in force in India shall govern the contract. Courts of competent jurisdiction only
at New Delhi, India to the exclusion of all other courts shall have exclusive jurisdiction
over all matters arising out of related to and /or connected with the contract.
8. Arbitration
In the event of any dispute arising amongst the Parties, the Parties agree to use their best
efforts to attempt to resolve all disputes in prompt, equitable and good faith. In the event
the Parties are unable to do so, then such dispute or difference arising under any of these
conditions or in connection with this contract (except as to any matters the decision of
which is specially provided by these or the special conditions) the same will be resolved
25
by Arbitration as per the provisions of The Arbitration and Conciliations Act 1996 .
The event shall be referred to the sole arbitration of an Officer or other person, nominated
by Chairman and Managing Director, IRCTC to be arbitrator however will not be one of
those who have had one opportunity to deal with the matters to which the contract relates
or who in the course of their duties have expressed views on all or any of the matters
under dispute of difference. The award of arbitrator shall be final and binding on the
parties to this contract. The venue of the Arbitration shall be at New Delhi. The
Arbitration Fee shall be shared between the Bidder and IRCTC equally.
9. Release of Consequential damages
Neither party shall be liable to the other for consequential damages resulting from or
arising out of this contract including without limitation loss of profit loss of business
opportunity idle facilities or resources loss of property or rights or business interruption
however caused.
10. Nondisclosure
Contractor agrees not to divulge to third parties without the written consent of IRCTC
any information obtained from or through IRCTC in connection with the performance of
this contract unless, the information is at the time of disclosure by Contractor then
in the public domain
Contractor further agrees that it will not without the prior written consent of IRCTC,
disclose to any third party any information developed or obtained by Contractor in the
performance of this contract except the situation indicated above.
If so requested by IRCTC, the contractor further agrees to have its employees execute a
nondisclosure agreement prior to performing any work under this contract.
11. Assigned Personnel
IRCTCS written approval of all contractor personnel assigned to perform the work shall be
required.
Approval of assignments shall not relieve Contractor of the full responsibilities of
employer and shall create no direct relationship between the individual and IRCTC.
Contractor shall assign only competent and qualified personnel and shall at all times be
solely responsible for their work quality. IRCTC may request the removal of individual
employees for cause at any time and Contractor agrees to comply and to promptly provide
acceptable replacement personnel.
12. Other Conditions
12.1 Advertisement/ Publicity/ Sponsorship
The Contractor will not engage in or permit any advertisement/publicity/sponsorship of
any brand or product, directly or indirectly, without prior approval of IRCTC
26
13. Notices: All notices, requests, demands or other communications to be given by either party to the
other pursuant to this agreement shall be in writing and hand delivered by messenger or a
courier or sent by registered letter, facsimile (to be subsequently confirmed by a
registered letter or by hand delivery), or fax to the following address:
In the case of IRCTC:
27
Reservation Desk
Fax
E-Mail
1st Operation
Manager/Supervisor
2nd Operation
Manager/Supervisor
28
:
:
:
---------------------
ANNEXURE - A
To
Deputy General Manager (Tourism)
Indian Railway Catering & Tourism Corporation Ltd.
11th Floor, A Wing, Statesman House, B-148,
Barakhamba Road, Connaught Place,
New Delhi-110001
Tel: 011-233701100, 01.
Fax: 011-23701177
Subject: Submission of bid for award of contract to provide Cab services (Institutional) to
IRCTC offices.
Ref: Tender No. 2011/IRCTC/Tourism/Car Rental (Institutional)/Dt. (Date).
Dear Sir,
a) I / We _________________have read the general guidelines and tender document
attached hereto containing the Terms and Conditions and agree to abide by such
conditions. I / We offer for the subjected supply in the attached schedules and here by
bind myself / ourselves to complete all the formalities from time to time as required after
the award of Contract.
b) I / We hereby understand that the submission of tenders / bids does not guarantee
allotment of Contract. I / We further understand that in case of any information submitted
by me / us being found to be incorrect, IRCTC will have the right to summarily reject the
tender, cancel the Contract or revoke the same at any time without assigning any reason
whatsoever.
c) I / We further agree to execute an agreement to abide by the standard and special
conditions of Contract for supply of subject item(s). In case of acceptance of tender by
the IRCTC, I / We bind myself / ourselves to execute the Contract agreement awarded
tome / us and to commence the supply/services as per the conditions of the Contract
failing which, I / We shall have no objection to the forfeiture of Earnest Money Deposit
(EMD), deposited by us with IRCTC, New Delhi in addition to other penalties specified
under the terms of Contract.
d) IRCTC and its representatives are hereby authorized to conduct any inquiries or
investigations or seek clarifications or verify any statements, documents and information
submitted in connection with this tender.
e) On account of non-acceptance of award or on account of not fulfilling tender
conditions within the prescribed time, I/We shall be debarred by IRCTC for further
29
participation in the future tenders of IRCTC. In addition IRCTC can forfeit my/our
Standing Earnest Money Deposit (EMD).
f) I/ We certify that quoted rates are inclusive of all tax, Duties and /or any other statutory
levies applicable on the services.
g) I/ We understand that with an intend to make available maximum variety to the
customers and also to take care of varied demands of customers, IRCTC may explore the
possibility of giving counter offers to one or more than one suppliers, to match the
maximum discount offered by one or more than one supplier.
h) I / We do hereby confirm that I / We have the necessary authority and approval to
submit this tender document for the supply of subject services to the IRCTC Ltd. The
following persons may be contacted for any information or clarifications relating to this
Contract:
Name:
Address:
Telephone, fax number:
A notice or letter of communication addressed to me / us at the address given in the
tender, even fax and/or ordinary post will be deemed to be valid and proper notice of
intimation to me/us.
Authorized signatory
Name Designation and seal
Address:
Date:
Place:
With Kind regards
For _____________________ (name of the company/organisation)
30
ANNEXURE B
TECHNICAL BID
(To be submitted in a separate cover marked as Packet A Technical Bid)
For Cab Rental Services at IRCTC
Please mention the details asked for in the following table, attach proof thereof and put in a
separate cover marked as Packet-A Technical Bid along with Bid Documents.
S.No.
1.
Name and Full address of the bidder with Telephone & Fax
Number(s) and contact person.
Earnest Money Deposit (EMD) Rs.1,00, 000 through DD /
Bankers Cheque, in favour of IRCTC Ltd., payable at New
Delhi.
Status of the bidder: Company/ Partnership firm/ Individualplease specify.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
15.
16.
14.
31
(To be mentioned by
the Bidder) Attach
Proof
Place:
Date:
(Signature of the Applicant)
Name _____________________
Address: _____________________
SEAL
32
ANNEXURE - C
33
Car Description
Small Segment:- Vista, Swift, Ritz, Wagon R, Toyota Etios Liva,
Mid Segment category 1 :- Maruti SX4, Nissan Sunny, Hyundai
Verna, Renault Scala , Skoda Rapid, Volkswagen Vento.
Mid Segment category 2:- Maruti Swift Dezire, Honda Amaze,
Toyota Etios, Honda City, Mahindra Verito, Tata Manza.
Upper Segment:-Corolla Altis, Volkswagen Jetta, Chevrolet
Cruize, Honda Civic.
MUVs:- Maruti Ertiga, Mahindra Xylo, Nissan Evalia, Chevrolet
Enjoy
SUV:- Toyota Innova, Tata Safari
Mini Bus 27 seater (AC)
Mini Bus 27 seater(Non AC)
Bus 45 seater (AC)
Bus 45 seater (Non AC)
Cargo Vehicle (CNG):-Maruti Eeco, Tata Ace, Mahindra Bolero
etc.
7. No of Skilled Drivers ..
Signed ..
Bidders Name.
34
Nos.
Schedule A
FINANCIAL BID FOR HIRING OF CAR ON MONTHLY RENTAL REQUIREMENT ON MONTHLY/LONG TERM BASIS FOR IRCTC
OR ANY CLIENT/CUSTOMER OF IRCTC FOR DELHI/NCR.
Cars
Segment wise
Rate for
2000Km/ 26
days/month,
12 hrs/day
Rate for
2500Km/26
days/month,
12 hrs/day
8 Hrs/80Km
4Hrs/40Km
Rate per
Extra Km.
Rate per
Extra Hour
Note: -Any over writing, correction or inspection will not be accepted .All the vehicles should be
temperature controlled (AC) except for where its specified as Non A/C
Signature of the Authorized Signatory:
Name & Designation:
Name of the Firm/Company with Address & Stamp:
Date and Place:
35
Schedule B
.FINANCIAL BID ONOCCASIONAL /DAILY/SHORT TERM BASISFOR OUTSIDE DELHI/NCR (GURGAON, GHAZIBAD, NOIDA,
FARIDABAD)
Cars Segment wise
Rates per Km.
Night halt Charges
(Min 250 Kms. Per
( Per Night)
day)
Small Segment Cars
Mid Segment category 2 Cars
Mid Segment category 1 Cars
Upper Segment Cars
MUV Segment Cars
SUV Segment Cars
Cargo Vehicle (CNG)
Mini Bus 27 seater (AC)
Mini Bus 27 seater(Non AC)
Bus 45 seater (AC)
Bus 45 seater (Non AC)
Note: -Any over writing, correction or inspection will not be accepted .All the vehicles should be
temperature controlled (AC) except for where its specified as Non A/C.
Signature of the Authorized Signatory:
Name & Designation:
36
Schedule C
FINANCIAL BID ONOCCASIONAL/ DAILY/SHORT TERM BASISFOR DELHI/NCR
Cars Segment wise
4 hrs/ 40 Km
Extra
8 hrs/ 80 Km
KM
Hrs
Extra
KM
Hrs
Note: -Any overrighting, correction or inspection will not be accepted .All the vehicles should be
temperature controlled (AC) except for where its specified as Non A/C.
Signature of the Authorized Signatory:
Name & Designation:
37
Schedule D
Fuel Escalation/Decline Clause
All the prices are worked out on the basis of the prevailing fuel prices. However in case of more than 5% increase in the fuel prices an additional
charge namely fuel price impact will be charged in the bill.
S a m e i n c a s e o f d e c r e a s e o f m o r e t h a n 5 % i n t h e f u e l p r i c e d e d u c t i o n w i l l b e m a d e a c c o r d i n g l y.
The mode of revision of per Km. prices will be computed as 30% of the %age increase/ decrease in price
of revised fuel.
For Example:In case of increase in fuel price:Old price of fuel
New price of fuel
Difference of Rate
=
=
=
=
=
=
-6 = x = -14.6%
41
Decrease in rate in Km rate will be by 0.3x-14.6 = - 4.38%
The revision of the price will be done with the prior approval from IRCTC and which will be effective
within one month from the date of revision of fuel price.
38
Acceptance of
award of License
and submission of
Security Deposit
1.2
Submission of
Security Deposit
1.3
Execution of
agreement
1.4
Liability of IRCTC
The IRCTC will not be liable for any liability arising under the
labor laws or any other law of the land related to commercial
operation of car hire.
1.5
Notice by Courier/
Registered AD
1.6
Indemnification by
Licensee
1.7
Verbal or written
arrangements other
than the agreement
1.8
All questions
/disputes and or
differences
1.9
Unsatisfactory
services etc.
39
Liability for
provision of
Consumer
Protection Act.
SPS/Labor
Law/Motor Vehicle
Act
1.11
Notice to the
Licensee
1.12
Notices on behalf of
IRCTC
40
EVENTS OF DEFAULT
2.1
Breach of any
terms and
conditions of the
License
In the event of any breach of the said terms and conditions of the
License, the IRCTC shall be entitled to forfeit the whole or the
part of the Security Deposit, debarring the Contractor from
participating in the future projects of IRCTC for one year.
2.2
Termination of
License on other
events of default
2.2.1
IRCTC at their discretion may call for any record to satisfy them
regarding operation of the Licence and Contractor will arrange
to provide all such relevant documents failing which, it will
amount to breach of contract condition of the Agreement.
3.
3.1
41
CONSEQUENCES OF DEFAULT
Consequence of
3.2
4.
Notice for
termination
ARBITRATION
4.1
5.
OTHER CONDITIONS
5.1
Advertisement/
Publicity/
Sponsorship
5.2
Payment of
taxes/dues
5.3
42
Liability for
compensation/
damages
5.4
43
Observance and
performance certain
acts
44
(15) The IRCTC also reserves the right to examine the contract forthwith in the event of
unsatisfactory Performance by the contracted car rental agency.
(16) The above rates includes all Delhi /NCR( Gurgaon, Ghaziabad, Noida,
Faridabad)interstate border taxes., service tax, VAT and any other Government/State liability
and excluding of toll tax, parking charges.)
45