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RESPONSETOQUERIESFORTENDERFORSUPPLYANDINSTALLATIONOF

FLAPGATEBARRIERSANDTURNSTILES
FORBUSSTATIONSOFBUSRAPIDTRANSITSYSTEM(BRTS)
INAHMEDABADCITY

DATE:28THJANUARY,2010

Response to Queries by the bidders for Flap Gate Barriers and Turnstiles:
Sr. No.
1.

Query from

Particulars

Sivananda Electronics

For Flap Gate Barrier/Turnstiles:

Sivananda Electronics

Sivananda Electronics

Response

1. Grade of Stainless steel. Finish either


MAT or Mirror

MAT Finish, Stainless Steel Grade 304

2. Passenger Clearance (distance between


two flap barrier) mentioned in tender is
1000 mm. Normally in access control
application distance between two boxes
is maintained at 520mm for pedestrian
movement and 900 for handicapped
movement. In case of 1000 mm
distance two person can go. You can
plan to have 520 mm passage lanes as
required along with one 900 mm
passage lane for handicapped.

The vendor shall be required to manage


opening based on Card type. If the card
type is normal, the flaps will retract
partially to 520MM and in case of
handicapped/ disabled, the flaps will
retract fully

3. What is the depth of flap barrier


required? Width of box will depend on
passage clearance. Height will be 1000
mm and other dimension like depth is
not mentioned. Whether tailgate
detection is required. Attached please
find one such drawing of multi lane
configuration.

Minimum Depth required, Tailgating


300MM.

4. Aisle width asked as per tender is 910

910 MM is the total Passage available

Software Provider shall be asked to


provide a flag on the card to
differentiate between two different
types of cards.

Total Depth of flap barrier shall be


1100MM with max 1500MM with
Tailgating.
Tailgate detection is required.

mm. normally for tripod maximum 500


mm passage clearance and 50 mm gap
between two tripods is suggested.
Drawing attached for your reference.

for whole unit Installation

Sivananda Electronics

5. In case of tripod option, handicapped


movement will not be possible as arms
will be obstacles. You can think of P
type motorized or manual swing gate.
Detail attached.

Other options are not required

Sivananda Electronics

6. Damping mechanism is required for


smooth rotation of tripod arms and
avoids hitting users

Required as part of standard feature


with Turnstile

For RFID
Sivananda Electronics

7. Detail specs of RFID System, Software


features are not mentioned in the
Tender.

The process & specification of current


units installed on Janmarg Stations is
mentioned in the tender document. The
bidder shall ensure the compatibility of
the System with the various existing
softwares/
protocols
of
other
components/ systems of BRTS.

Sivananda Electronics

8. Details of RFID token collector


mechanism is not mentioned in the
Tender.

The Token collector interface shall


have a slot for dropping the RFID
token. The slot shall have a mechanism
to either allow or deny the token based
on the input from fare collection reader.
The token collector system shall also
have a bin for collecting the tokens.

Sivananda Electronics

9. Resident Engineer option is suggested


for ON time required by you.

Service Level Agreement (SLA) Terms


have been provided in the tender. The
vendor needs to maintain SLA terms
in-order to meet the contractual
obligations and any cost associated
with service shall be borne by the
vendor.

Others

Sivananda Electronics

10. Payment Terms: Some better payment


is expected like 20% advance, 70% on
delivery and 10% after installation.

The payment terms shall be as per the


tender document.

Sivananda Electronics

11. Tender submission date extension is


requested by 15-20 days

The tender submission date shall be as


per the tender document.

Kaizen Engineering Systems


Pvt. Ltd.

1. Can we quote only for turnstiles? Is


there any preference or greater points
assigned to suppliers who can supply
flapgates and turnstiles?

The bidder shall quote for Flap Gates as


well as Turnstiles. There are no
preferences or higher points for those
who quote for both.

Kaizen Engineering Systems


Pvt. Ltd.

2. The payment terms are very tough.


Please relax these payment terms to
allow for 90% against delivery and
installation and balance against
commissioning.

The payment terms shall be as per the


tender document.

Kaizen Engineering Systems


Pvt. Ltd.

3. Please specify if the tokens to be used


on the access gates are ISO 14443 type
A?

Yes

Kaizen Engineering Systems


Pvt. Ltd.

4. Can the Demand draft be taken from a


scheduled bank also?

The terms and specifications relating to


Demand Draft shall be as per the tender
document

TENDER FOR THE SUPPLY AND INSTALLATION


OF FLAP GATE BARRIERS AND TURNSTILES FOR BUS
STATIONS OF BUS RAPID TRANSIT SYSTEM (BRTS)
IN AHMEDABAD CITY

AHMEDABAD MUNICIPAL CORPORATION

January 2010

Ahmedabad Municipal Corporation,


Opposite Khamasa Gate,
Sardar Patel Bhavan,
Danapith, Ahmedabad

Disclaimer
Ahmedabad Municipal Corporation (herein after called the Authority) has prepared solely
to assist prospective Bidders in making their decision of whether or not to bid. While
Authority has taken due care in the preparation of information contained herein and
believes it to be accurate, neither the Authority or any of its authorities or agencies nor
any of their respective officers, employees, agents or advisors gives any warranty or
make any representations, express or implied as to the completeness or accuracy of the
information contained in this document or any information which may be provided in
association with it.
This information is not intended to be exhaustive and interested parties are required to
make their own inquiries that it may require in order to submit this bid. The information
is provided on the basis that it is nonbinding on Authority, any of its authorities or
agencies or any of their respective officers, employees, agents or advisors.
Authority reserves the right not to proceed with the bidding process at any stage without
assigning any reasons thereof, or to alter the timetable reflected in this document or to
change the process or procedure to be applied. It also reserves the right to decline to
discuss the bid further with any party submitting a bid.
No reimbursement of cost of any type will be paid to persons or entities submitting the
Bid.

Tender Notice
(Copy of the Advertisement Issued on _____________)
AHMEDABAD MUNICIPAL CORPORATION
TENDER FOR SUPPLY AND INSTALLATION OF FLAP GATE BARRIERS AND
TURNSTILES FOR BRTS BUS STATIONS IN AHMEDABAD CITY
Authority intends to seek duly qualified interested parties for above work. Interested
Parties may download details from A.M.C. website www.egovamc.com

from 11-01-2010 to

01-02-2010 and submit their tender in a sealed envelope as specified by 16:00 hrs Dt: 0102-2010. The Tender shall be submitted to Asst. Manager (Projects), Ahmedabad Municipal
nd

Corporation, 2

Floor, Bank Building, Sardar Patel Bhavan, Danapith, Ahmedabad 380001.

MUNICIPAL COMMISSIONER

Table of Contents
1

PREAMBLE............................................................................................................................................................... 7

DEFINITIONS........................................................................................................................................................ 8

INTERPRETATION............................................................................................................................................ 10

BID SUMMARY.................................................................................................................................................... 12
1.
2.
3.

SCOPE OF WORK............................................................................................................................................... 19
5.1

FINANCIAL CAPABILITY:......................................................................................................................................13
TECHNICAL CAPABILITY:.....................................................................................................................................13
DEMONSTRATION AND PRESENTATION ( TO BE HELD AT DISCRETION OF THE AUTHORITY): ........................13

SCOPE OF WORK .................................................................................................................................................19

INSTRUCTION TO BIDDERS ....................................................................................................................... 20


6.1
6.2
6.3
6.4
6.5
6.6

DOCUMENTS CONSTITUTING TENDER................................................................................................................20


BIDDING FORMAT ................................................................................................................................................20
BID SUBMISSION FORMAT ..................................................................................................................................20
TENDER OPENING PROCESS ...............................................................................................................................21
SUBMISSION D OCUMENT CHECKLIST ................................................................................................................21
BID SECURITY AND TENDER FEE ........................................................................................................................22

6.7
DISCHARGE OF BID SECURITY OF SUCCESSFUL BIDDER .................................................................................23
6.8
PERFORMANCE BANK GUARANTEE/ PERFORMANCE SECURITY ........................................................................24
6.9
TECHNICAL BID E VALUATION CRITERIA ............................................................................................................24
6.9.1
FINANCIAL CAPABILITY ...................................................................................................................................24
6.9.2
T ECHNICAL CAPABILITY ..................................................................................................................................24
6.10
FURTHER INFORMATION ..................................................................................................................................26
6.11
PRICE BID OPENING .......................................................................................................................................26
6.12
VALIDITY PERIOD ............................................................................................................................................27
6.13
E XTENSION OF PERIOD OF VALIDITY.............................................................................................................27
6.14
M ODIFICATION AND WITHDRAWAL OF BID ...................................................................................................27
7

OBLIGATIONS AND UNDERTAKINGS.................................................................................................... 28


7.1
7.2

GENERAL OBLIGATIONS OF THE SUPPLIER........................................................................................................28


OBLIGATIONS OF THE AUTHORITY ..................................................................................................................... 30

SYSTEM INSTALLATION, COMMISSIONING, WORK COMPLETION AND INSURANCE32


8.1
8.2
8.3
8.4
8.4.1
8.4.2

MONITORING AND SUPERVISION ....................................................................................................................... 32


PROJECT COMPLETION ........................................................................................................................................32
MAINTENANCE......................................................................................................................................................33
INSURANCE...........................................................................................................................................................34
I NSURANCE DURING THE WARRANTY PERIOD AND AMC PERIOD ...............................................................34
APPLICATION OF INSURANCE PROCEEDS ......................................................................................................35

8.4.3
9

VALIDITY OF THE I NSURANCE COVER ............................................................................................................35

COMMERCIAL AND PAYMENT TERMS.................................................................................................... 36


9.1
9.2

PAYMENT FOR SUPPLY .........................................................................................................................................36


PAYMENT FOR ANNUAL M AINTENANCE CONTRACT ...........................................................................................37

10 GENERAL TENDER CONDITIONS.............................................................................................................. 38


10.1
10.2
10.3

L ETTER OF ACCEPTANCE & AGREEMENT .......................................................................................................38


WORK ORDER..................................................................................................................................................38
L EAD TIME AND L IQUIDATED D AMAGES........................................................................................................38

10.4
10.5
10.6
10.7
10.8
10.9
10.9.1
10.9.2
10.9.3
10.9.4
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
10.19
10.20
10.21
10.22
10.23
10.24

QUANTITY VARIATION.....................................................................................................................................38
T AX LIABILITY..................................................................................................................................................38
CHANGE M ANAGEMENT PROCEDURE .............................................................................................................39
T ERMINATION OF CONTRACT AND TERMINATION PAYMENT .........................................................................39
D ISPUTE RESOLUTION ....................................................................................................................................40
E VENTS OF D EFAULT AND TERMINATION ......................................................................................................40
EVENT OF D EFAULT.....................................................................................................................................40
TERMINATION DUE TO E VENT OF DEFAULT AND TERMINATION PAYMENT .............................................42
RIGHTS OF AUTHORITY ON TERMINATION................................................................................................43
TERMINATION PAYMENTS ...........................................................................................................................43
I NTELLECTUAL PROPERTY ...............................................................................................................................44
L IABILITY ......................................................................................................................................................... 44
I NDEMNITY ....................................................................................................................................................... 44
FORCE MAJEURE ..............................................................................................................................................45
I NDEPENDENT CONTRACTOR ..........................................................................................................................45
N O ASSIGNMENT .............................................................................................................................................46
N O CONSORTIUM ............................................................................................................................................46
T ENDER D ISQUALIFICATION CRITERIA..........................................................................................................46
U NDERSTANDING OF TERMS ...........................................................................................................................47
CONFLICT OF INTEREST ..................................................................................................................................47
AUTHORITY S RIGHT TO ACCEPT ANY PROPOSAL AND TO REJECT ANY PROPOSAL ......................................47
N OTIFICATION OF AWARD ..............................................................................................................................47
SIGNING OF AGREEMENT ................................................................................................................................47
FAILURE TO AGREE WITH THE TERMS AND CONDITIONS ..............................................................................48
SEVERABILITY AND WAIVER...........................................................................................................................48

10.25 REPRESENTATIONS AND WARRANTIES, DISCLAIMER ................................................................48


10.25.1
REPRESENTATIONS AND WARRANTIES OF THE SUPPLIER .......................................................................48
10.25.2
DISCLAIMER ................................................................................................................................................50
10.25.3
REPRESENTATIONS AND WARRANTIES OF AUTHORITY ............................................................................50
10.25.4
GOVERNING L AW AND J URISDICTION .......................................................................................................51
10.25.5
SURVIVAL ....................................................................................................................................................51
10.25.6
AMENDMENTS ..............................................................................................................................................51
10.25.7
NO PARTNERSHIP ........................................................................................................................................51
10.26 M ISCELLANEOUS ..............................................................................................................................................51
10.26.1
LANGUAGE ................................................................................................................................................... 51

10.26.2

OWNERSHIP AND PROTECTION OF PROPERTY ..........................................................................................52

LIST OF ANNEXURES
ANNEXURE 1: FORWARDING L ETTER ..................................................................................................................................53
ANNEXURE 2: FORMAT FOR POWER OF ATTORNEY OF BIDDER APPOINTING D ESIGNATED REPRESENTATIVE .............55
ANNEXURE 3: FORMAT FOR TECHNICAL BID ......................................................................................................................56
3.1 CAPABILITY STATEMENT ...............................................................................................................................................56
3.2: FORMAT FOR PROVIDING REFERENCES ......................................................................................................................57
3.3: QUALITY AND TECHNICAL SOLUTION......................................................................................................................... 58
ANNEXURE 4: FORMAT FOR PRICE BID ..............................................................................................................................59
ANNEXURE 5: FORMAT FOR PERFORMANCE BANK GUARANTEE ........................................................................................61
ANNEXURE 6: TECHNICAL SPECIFICATIONS AND SERVICE L EVEL CONDITIONS FOR FLAP GATES AND TURNSTILES ..63
(1) FLAP GATES / FLAP BARRIER .......................................................................................................................................63
(2) T URNSTILES ..................................................................................................................................................................66

PREAMBLE

Ahmedabad Municipal Corporation invites Technical Bids and Price Bids from interested
Bidders for supply of Flap gates and Turnstiles for bus stations for Bus Rapid Transit
System (BRTS) in Ahmedabad city. The broad scope of work for Bidder includes supply
and installation of the above mentioned Flap gates and Turnstiles.
The Bids shall be prepared in English and all entries must be typed and written in blue /
black ink. Initials of the authorized representative of the Bidder must attest all erasures
and alterations made while filling the Bids. Over-writing of figures in Price Bid is not
permitted. Failure to comply with any of these conditions may render the Bid invalid. A
copy of this tender document with all pages signed by the Bidders authorized
representative shall accompany the bid.
Authority shall not be responsible for any costs or expenses incurred by the Bidders in
connection with the preparation and delivery of bids, including costs and expenses
related to visits to the sites. Authority reserves the rights to cancel, terminate, change
or modify this process and/or requirements of bidding stated in the Tender, without
assigning any reason or providing any notice and without accepting any liability for the
same.
The bid evaluation process is detailed in instruction to Bidders in Tender. The Capability
Statement would be evaluated based on the criteria set forth in Tender. Only those
firms/companies who qualify based on the evaluation of their Technical Bids
will be qualified Bidders for the purpose of opening of price bids and its
evaluation.
The date of opening of Price Bids will be communicated in writing to such Bidders at a
later date.

DEFINITIONS

Ahmedabad Municipal Corporation or Authority shall mean the company


established in July 1950 under the Bombay Provincial Corporation Act, 1949, responsible
for the civic infrastructure and administration of the city of Ahmedabad.

Annual Maintenance Contract or AMC shall mean the comprehensive contract for
maintenance of the supplied units in force after the Warranty Period to be signed at the
discretion of the Authority and for which the Bidder is required to quote in his bid.
Agreement shall mean the Agreement entered into between the Authority and the
Successful Bidder for the currency of this contract.
Bid or Detailed Bid or Tender shall mean the detailed Bid submitted by the Bidder
in response to this tender including clarifications and/or amendments, if any.
Bid Security or EMD shall mean the Security furnished by the Bidder, as part of the
Detailed Bid.
Completion or Project Completion with respect to each unit shall mean the
successful installation and demonstration of each supplied unit as per specifications.
Due Date shall mean the last date for submission of bid by the Bidders.
Firm shall mean a single legal entity, which is a registered body, Government agency
or statutory body.
Letter of Intent or Letter of Acceptance shall mean the letter to be issued by
Authority to the Preferred Bidder indicating the acceptance of his offer in accordance
with the conditions of this Tender document.
Performance Security or Performance Bank Guarantee shall mean the Bank
Guarantee furnished by the successful Bidder as per the terms and conditions of this
tender.

Project Site shall mean the site of the Bus Stations where the supplied units are to
be installed.
Supplier shall mean the successful Bidder who has been selected by Authority for the
currency of this contract.
System means the Flap gate/ Turnstile units being purchased by the Authority as per
the scope and terms of this Tender.
Taxes and Duties shall mean all taxes, duties, fees etc. payable as per applicable
laws in India in connection with the procurement, development, installation, operation,
maintenance and management of Work.
Work or Works shall mean Supply and installation of Flap gates and/ or Turnstiles
for bus stations with 3 (three) years Warranty Period, with 4 more years of Annual
Maintenance at the option of Authority for Bus Rapid Transit System (BRTS) in
Ahmedabad city.
Work Order will have reference to the LoA or LoI for this Work

INTERPRETATION

In the interpretation of this Tender, unless the context otherwise requires:


The singular of any defined term includes the plural and vice versa, and any word or
expression defined in the singular has the corresponding meaning used in the plural
and vice versa;
A reference to any gender includes the other gender;
Unless

otherwise

stated,

reference

to

Clause,

Sub-Clause,

Paragraph,

Subparagraph, Annex, Exhibit, Attachment, Schedule or Recital is a reference to a


Clause, Sub-Clause, Paragraph, Subparagraph, Annex, Exhibit, Attachment, Schedule
or Recital of this Tender.
A reference to any agreement is a reference to that agreement and all annexes,
attachments, exhibits, schedules, appendices and the like incorporated therein, as
the same may be amended, modified, supplemented, waived, varied, added to,
substituted, replaced, renewed or extended, from time to time, in accordance with
the terms thereof;
The terms include and including shall be deemed to be followed by the words
without limitation, whether or not so followed;
Any reference to a person shall include such persons successors and permitted
assignees;
A reference to a writing or written includes printing, typing, lithography and other
means of reproducing words in a visible form;
Any date or period set forth in this Tender shall be such date or period as may be
extended pursuant to the terms of this Tender ;

10

A reference to month shall mean a calendar month, and a reference to day shall
mean a calendar day, unless otherwise specified.
The terms hereof, herein, hereto, hereunder or similar expressions used in this
Tender mean and refer to this Tender and not to any particular Article,
The terms Article, Clause, Paragraph and Schedule mean and refer to the
Article, Clause, Paragraph and Schedule of this Tender so specified;
In case of inconsistency between the terms mentioned in the Bid Summary and
detailed description, the terms of the Bid Summary shall prevail.

11

BID SUMMARY

Sr.

Key

No.

Information

Details

Tender for

Supply and Installation of Flap gates and Turnstiles for


Bus Stations for Bus Rapid Transit System (BRTS) in
Ahmedabad city.
-

The Bidder may quote the price per unit in the Price
Bid for both the items.

The Authority shall select the final Bidder for one or a


combination of both items for Flap Gates/ Turnstiles.
Final decision regarding the same shall vest with the
Authority.

The price of the item that will be lower will get a


preference.

Numbers

of

175 units of Flap gates

units

be

175 units of Turnstiles

to

quoted for

In the event of additional units asked for by the


Authority, they shall be provided at the same rate
quoted in this bid and no incremental cost per unit shall
be provided on such additional units.

Nodal

Ahmedabad Municipal Corporation

Department
4

Project

Site/

Ahmedabad

Work Site
5

Tender

a) Envelope 1: Bid Security and Tender fee,

Submission

b) Envelope 2: Forwarding Letter, Technical Bid as per

Format

Annexure 3 and the Tender Document signed on each


page

by

the Bidders

authorized

representative,

Signatorys authorization.

12

c) Envelope 3: Price Bid


6

Tender
Evaluation

a) Envelope 1: Test of Responsiveness of the bid based


on Pass/Fail for Bid Security and Tender fee and timely
submission, marking and sealing.
b) Envelope 2: Evidence of meeting necessary eligibility
and qualifications criteria as Eligibility and Qualification
Criteria, Authorization of signatory in the form of Board
Resolution/ Partners Resolution or Power of Attorney, as
applicable.
c) Envelope 3: Price Bid

Evaluation

1. Financial Capability:

Criteria

Bidders annual audited turnover for the last Financial


year shall be more than Rs. 2 Crore (from the business
in India only).
2. Technical Capability:
Based on percentile marking System with 60 as
qualifying marks.
1) No of Units supplied / commissioned in Public Transit
System during the last 3 years from the due date of
tender. (30% weightage)
2) No of Units supplied / commissioned during the last 3
years from the due date of tender (30%)
3) The extent to which the Bidder has local resources,
presence or tie-up. (15%)
4) Quality Assurance Program for executing the Works in
place. (15%)
5) Project management capabilities (10%)
3. Demonstration and presentation (to be held at
discretion of the Authority):
1. Bidders meeting financial and technical capability
criteria would be called for a demonstration of the

13

prototype.
2. The purpose of the demonstration would be to ensure
that there are no significant deviations from the
technical specifications
Bidders would finally be declared qualified if there are no
deviations in technical specifications which cannot be
permitted.
8

Tender Validity

The tender shall be valid for period of 180 Days from the
Due Date of Bid Submission.

Time Limit

1. Total time limit for the whole work shall be 365 days
2. Time limit for the installation for an individual unit
shall be 15 days from the day of handing over of the
site from the Authority to the supplier.

10

Bid Security

Rs. 2,50,000/- (Rs. Two lakh fifty thousand only) in the


form of a demand draft from a Nationalized Bank drawn
in favour of Municipal Commissioner and payable at
Ahmedabad.

11

Performance
Security

Within 30 (thirty) days of receipt of Letter of Acceptance,


the

successful

Bidder

shall

furnish

Performance

Security to Authority, for an amount equal to 5% of the


Bid Value (excluding cost of AMC) and payable in the
form of a Bank Guarantee from any Nationalized Bank.
The

general

format

of

the

bank

guarantee

for

Performance Security is set forth in Annexure 5 of this


Tender.
The Performance Security shall be valid up to the end of
warranty period and an additional period of 90 (ninety)
days thereafter.
12

Non- refundable

Rs. 10,000 (Rs Ten Thousand Only) in the form of

Tender Fee

Demand Draft in favor of Municipal Commissioner, and

14

payable at Ahmedabad.
13

Supply/
Installation

The Flap gate/ Turnstile units shall be supplied against


of

Request for Supply by Authority. Such request shall be in

Flap gates and

writing, indicating the number to be supplied, and the

Turnstiles

supply and installation must be completed within 15


days of the date of request. Such requests shall be
continued to be made until the order is exhausted.

14

Completion

The Authority/ its authorized representative shall issue a

Certificate

Completion Certificate upon successful installation and


demonstration to the satisfaction of Authority.

15

Warranty

Each unit supplied shall have a warranty period of three

Period

(3) years commencing from the date of issue of


Completion Certificate. During the warranty period, any
complain will be required to be attended to as per
specified service levels.

16

Annual

Beginning from the end of the Warranty Period, the

Maintenance

Authority may, at its sole discretion, require the supplier

Contract

to provide maintenance for a further period of fours (4)


years under an Annual Maintenance Contract. The terms
of the maintenance contract are part of this tender
document. The Bidder is required to quote annual fees
separately in the Price Bid for maintenance beyond the
specified warranty period. Price Bids without quote for
AMC shall be summarily rejected.
Payment during the Maintenance period shall be made
annually at the end of each year after issue of
Satisfactory Service Certificate for the tenure from the
Authority.

17

Payment Terms

Order to be placed according to quantities required.

15

Installation shall be done by the Supplier in 15 days of


written order.
50% of the invoiced amount shall be paid upon
successful

installation

and

demonstration

of

operation only. 40% of the amount shall be paid


on 3 months satisfactory operations of the System
and the balance 10% on 6 months satisfactory
operations of the System of the concerned units.
Payment can be made as per batch wise orders placed.
Payment shall be made within 30 days of invoice.
If the successful installation and commissioning of the
units is delayed as per Specifications, the Authority shall
be

entitled,

by

reasonable

notice,

to

forfeit

the

Performance Security.
18

Signing

of

Agreement

Agreement shall be signed between Authority and


Supplier incorporating the terms of the tender as
directed by Authority.

19

Pre-Bid Meeting

Pre-bid meeting shall be held at 13.00 hrs on 22-012010 in the office of Authority.
Bidders are required to send their queries for pre-bid
meeting in MS Word format only through email to
gautamppatel@gmail.com

and

pranayshah@egovamc.com on or before 21-01-2010


by 17.00 hours.
20

Due

Date

of

Tenders

On 01-02-2010 Upto 16.00 hrs in the office of


Authority

at

Asst.

Manager

(Projects),

Ahmedabad

Municipal Corporation, 2nd Floor, Bank Building, Sardar


Patel Bhavan, Danapith, Ahmedabad.
21

Date of opening

At 17.00 hrs on 01-02-2010 in the office of Authority

of Tenders

at

Asst.

Manager

(Projects),

Ahmedabad

Municipal

Corporation, 2nd Floor, Bank Building, Sardar Patel

16

Bhavan, Danapith, Ahmedabad.


22

Liquidated

In the event of the units of Flap Gates/ turnstiles not

Damages/

being supplied/ installed in time in operable condition as

Penalty

per its specifications, Authority, at its own discretion,


reserves the right to charge liquidated damages of 0.5%
of value of delayed units per every week of delay in
successful installation and commissioning as per the
specifications. Such LDs will not exceed 10% of the
value of the units.

23

Taxes

The amount quoted in the price bid shall have to be allinclusive, including service tax and all other taxes,
cesses and charges.

24

Storage/

The Supplier shall have to make his own arrangement

Godown Facility

for the storage of the materials required for this work.


The Authority shall have no responsibility to provide for
any such storage facility to the Supplier.

25

Insurance

The Supplier shall, at its cost and expense, purchase and


maintain during the Implementation period, Warranty
period

and

AMC

period

such

insurances

as

are

necessary, including but not limited to the following:


(a)

Suppliers all risk insurance;

(b)

Comprehensive

including injury or

third

party

liability

insurance

death to personnel of Persons who

may enter the Project Site;


(c)

Workmens compensation insurance;

(d)

Any other insurance that may be necessary to

protect the Supplier, its employees and its assets


(against loss, damage or destruction at replacement
value) including all Force Majeure Events that are
insurable and not otherwise covered in items (a) to (c).

17

The Supplier shall, from time to time, provide to the


Authority copies of all insurance policies (or appropriate
endorsements,

certifications

or

other

satisfactory

evidence of insurance) obtained by the Supplier in


accordance with this Tender.
The Supplier shall pay the premium payable on such
insurance policy(ies) so as to keep the policy(ies) in
force and valid throughout the Period of Warranty and
AMC Period and furnish copies of the same to the
Authority.

18

SCOPE OF WORK

5.1 Scope of Work


The Authority seeks suppliers for supply and installation of Flap gates and Turnstiles of
given specifications for the Bus Rapid Transit Project System Project in Ahmedabad. The
specifications for both the items are given in Annexure 6 of this Tender Document.
The prospective Bidders are free to seek clarifications regarding the specifications or any
tender conditions in the pre-bid meeting or earlier in writing at the address for
submission of this tender through e-mail/letter.
The Scope of the work for this particular Contract shall mean and include the following:
(a) Supply and Installation of Flab Gates and Turnstiles as per number mentioned in
the Bid Summary and Specifications in Annexure 6 of this Tender document, at
BRTS Bus stations as indicated by the Authority with a warranty period as
mentioned in the Bid Summary of this Tender Document.
(b) Maintenance of the above items during the Warranty Period and Annual
Maintenance Contract period as specified in the Bid Summary to ensure the
availability of the System in excess of 99% in accordance with the provisions of this
Tender and Guidelines and Specifications as may be stipulated herein.
(c)

Performance and fulfillment of all other obligations incidental to and supporting the
above.

19

6 INSTRUCTION TO BIDDERS

6.1 Documents Constituting Tender


The Tender documents comprise the following and are to be read together:
(i)

This tender document, and

(ii)

Other documents constituting the Tender and acceptance thereof and shall be
deemed to include any amendments, modifications to the tender document or its
constituent document.

6.2 Bidding Format


The Bidding is a two stage process comprising the Technical Bid and the Price Bid. The
purpose of the Technical Bid is to ensure the technical and financial capability of the
Bidder to supply the products and services as required. Price Bids of only those Bidders
qualifying in the Technical Bid would be opened.
6.3 Bid Submission Format
The Bidders will submit the Bid in three sealed envelopes, the details for which are
specified below. The title of the envelope shall be super scribed on the sealed envelope.
Envelope 1
(1) Bid Security and (2) Tender fee in the form of Demand Draft from Nationalized Bank
in favour of Municipal Commissioner, and payable at Ahmedabad. The envelope shall
be titled Envelope 1 Tender Fee and Bid Security.

Envelope 2
a) Cover Letter as per Annexure 1.
b) Copy of tender document signed on every page by the Authorized representative
of the Bidder.

20

c) Also, the Authorization of signatory in the form of Board Resolution/ Partners


Resolution or Power of Attorney, as applicable shall also be provided in this
Envelope.
d) Technical Bid as per Annexure 3.
The envelope shall be titled Envelope 2 Technical Bid
Envelope 3
a) Price Bid
The envelope shall be titled Envelope 3 Price Bid

6.4 Tender Opening Process


On the day of tender opening, Envelope 1 would be opened first and the Bid Security
and Tender fee would be verified.
On successful verification of the same, Envelope 2 would be opened.
The Bidder would be awarded points for the technical bid as per Clause 6.9.2 of this
tender document. Also, the evaluation shall be done on the basis of the contents of
Envelope 2 as against the criteria specified in the Tender document.
Envelope 3 shall be opened of only those Bidders who satisfy the Technical evaluation
criteria.
The formats and checklists for each submission have been explained in the Tender.
6.5 Submission Document Checklist
Bidders would be required to submit the following documents. The formats for these
documents where applicable are placed as Annexure.

Envelope

Documents

No,

Relevant

Annexure

for format/guidelines
1

Tender fee and Bid Security in the form of

21

demand

draft

in

favour

of

Municipal

Commissioner, and payable at Ahmedabad.


2

Technical Bid :

Annexure 1,2 3

Forwarding Letter
Capability statement
Audited Financial Statements for last 3
years/

additional

documents

indicating

turnover from business in India only


List of References / work completed along
with Work orders / Satisfactory Completion
Certificates
Quality and Technical Solution Literature
Any quality certifications
Copy of tender document signed on every
page

by

the

Bidders

authorized

representative.
Authorization of signatory in the form of
Board

Resolution/

Partners

Resolution

or

Power of Attorney, as applicable.


3

Price Bid

Annexure 4

6.6 Bid Security and Tender fee


Tender submitted in response to the Tender Document shall be accompanied by Tender
Fee and Bid Security as mentioned in the Bid Summary of this tender document.
(1) The bid security furnished by the successful Bidder shall be refunded after the
acceptance of Performance Security.
(2) Bids not accompanied with requisite Bid security shall be summarily rejected.
(3) The bid security shall be returned to the Bidder
(a) Whose bid has not been accepted by the Authority.

22

(b) Whose bid has been accepted by the Authority but after receipt of Performance
security.
(c)

If the Bid Security is not from a Nationalized Bank.

(4) Bid security is a non interest bearing deposit.


6.7 Discharge of Bid Security of successful Bidder
The Bid Security of a Successful Bidder shall be discharged only after the Performance
Security is furnished by the Bidder as per the requirement. The Successful Bidders Bid
Security shall not be adjusted against the Performance Security.
Bid security shall stand forfeited in the following situations:
(1)

In case of unclear offer and/or conditional offer, such tender is not acceptable and
so the bid security shall be forfeited.

(2)

In case of revision and/or modification of terms of bid or withdrawal of bid during


the validity period.

(3)

In case of Bidder demands transfer of contract before acceptance of offer or after


acceptance of offer.

(4)

For the successful Bidder, if the performance security is not deposited within the
time period as mentioned in the Bid Summary of this tender document.

(5)

If the Agreement is not executed within the time period specified in the LoA or as
specified by the Authority, even though performance security has been paid. (In
this case, both Bid Security and Performance Security will be forfeited and LoA will
be cancelled).

(6)

In the event, Bidder, after the issue of communication of acceptance of his bid by
the Authority, fails/refuses to start/execute the work as herein the Bidder shall be
deemed to have abandoned the work/contract and such an act shall amount to
and be construed as the Bidders calculated and willful breach of contract, the cost
and consequences of which shall be to the sole account of the Bidder and in such
an event the Authority shall have full right to claim damages thereof in addition to
the forfeiture of the Bid security deposited in terms of this bid documents.

23

6.8 Performance Bank Guarantee/ Performance Security


The Successful Bidder shall be required to furnish a Performance Security as per the
terms set forth in the Bid Summary of this tender document. The Bid security shall be
returned back to the Supplier on the receipt of Performance Security. The general
format of the bank guarantee for Performance Security is set forth in Annexure 5 of this
Tender document.
Provided that if the contract is terminated for reasons other that that which can be
attributable to the Supplier, the Performance Security, shall, subject to the Authoritys
right to receive amounts, if any, due from the Supplier under this contract, be duly
discharged and released to the Supplier.
Performance Guarantee in the form of a bank guarantee shall be irrevocable and valid
for the installation and Warranty Period and an additional period of 90 (ninety) days
thereafter. The performance guarantee shall not be released in part for different units
despite exhaustion of warranty period for some of the units. However, Authority retains
its absolute discretion to release performance guarantee in parts if they are satisfied
that the warranty period exhaustion for different units is very far apart.
6.9 Technical Bid Evaluation Criteria
6.9.1 Financial Capability
Bidders annual turnover of the last financial year for which audited results are available
should be more than Rs. 2 Crores (from the business in India only) in order to be
technically qualified under this bid. Annual Audited reports for the last 3 years should be
submitted along with the technical bid.
6.9.2 Technical Capability
The following is an outline of the criteria that Authority would use for evaluation of the
technical capability of the Bidder along with the weightage that would be used for each
criterion. Evidence in the form of supporting documents should be submitted along with
the Technical Tender. The points for the criteria shall be calculated separately for the
Flap Gates and Turnstiles.

24

Sr.No
1

Description

Points

No of Units of Flap gates/ Turnstiles supplied / commissioned

0-25

during the last 3 years from the due date of tender


2

No of Units of Flap gates/ Turnstiles supplied / commissioned

0-35

in Public Transit System during the last 3 years from the due
date of tender. (these units shall not be included in category
1 in order to avoid duplication)
3

The extent to which the proposed Bidder has local resources,

0-10

presence or tie-up.
4

Quality Assurance Programme for executing the Works in

0-20

place.
5

Project management capabilities of large scale system

0-10

integration in terms of number of large systems to which


Bidder has supplied Flap gates and Turnstiles worth more
than INR 1 Crore.
The Bidder shall produce all necessary documents in support of each of the category
listed in the following table applicable to its bid. The supporting documents shall include,
but not be limited by, the following:
(1) Certificates from the customers regarding numbers of units supplied, cost of the
project and project duration etc. attested by the statutory auditors.
(2) Satisfactory supply and installation certificates from the clients
(3) Quality Assurance Certificates/Programs (Such as ISO etc.)
(4) Certificate from statutory auditors regarding value of work done in last year
(5) Evidence of local presence/ tie up.
(6) Other documents as necessary.
Based on the above, the Evaluation committee appointed by the Authority or Authority
itself will carry out its evaluation applying the evaluation criteria and point system
specified above to each responsive bid. Any Bidder scoring above 60, and meeting

25

the financial criteria shall be declared eligible. Authoritys decision in this


regard shall be final.

Eligible Bidders, at the sole discretion of the Authority, would be required to make a
demonstration/presentation to the Authority, indicating:
a) The demonstration of the prototype to evidence that the unit proposed to be
supplied is according to the Tender Specifications and what are the deviations, if
there are any, from the requirements.
b) Any other relevant information/ details as might be required.
The demonstration / presentation would serve as a platform for the Authority to better
evaluate the functioning of the units System proposed to be supplied by the bidder and
understand whether there are any deviations that cannot be permitted.
Based on the demonstration / presentation of the eligible Bidders, (or if the same is
deemed not to be required, without the presentation) the Authority would qualify the
eligible Bidders for the next stage.
6.10Further Information
Authority retains the right to ask for any further information that may be required from
the Bidder for evaluation purposes.
6.11Price Bid Opening
After the evaluation of technical bids, the Authority shall notify qualifying Bidders,
indicating the date and time set for opening the Price Bids.
The Price Bid shall be opened in the presence of the qualified Bidders representatives
who choose to attend. The name of the Bidders and the proposed price shall be read
loudly and recorded when the Price Bid is opened.

26

The Evaluation committee will determine whether the Price Bid is complete and will
correct any computational error.

The Bidders qualified in the technical bid and who quotes the lowest in the Price bid will
be qualified as Preferred Bidder. Authority may hold further negotiations with the
Preferred Bidder before the assignment of Letter of Acceptance.
6.12Validity Period
Bids shall remain valid for a period as mentioned in the Bid Summary of this Tender
document. The Authority reserves the right to reject a Bid as non-responsive if such Bid
is valid for a period which is less than specified and Authority shall not be liable to send
an intimation of any such rejection to such Bidder.
6.13Extension of Period of Validity
In exceptional circumstances, the Authority may solicit the Bidders consent for an
extension of the period of Bid validity. Any such request by the Authority and the
response thereto shall be made in writing and such extension of Bid validity period by
the Bidder should be unconditional. A Bidder may refuse Authoritys request for such
extension without forfeiting the Bid Security. A Bidder accepting the request of Authority
shall not be permitted to modify its Bid.
6.14Modification and Withdrawal of Bid
No bid may be withdrawn in the interval between the deadline for submission of bid and
the expiration of the bid validity period and if a Bidder withdraws its bid, then the bid
security shall be forfeited.

27

OBLIGATIONS AND UNDERTAKINGS

In addition to and not in derogation or substitution of any of the obligations set out
elsewhere in this Tender and the subsequent Agreement, the Parties shall agree and
undertake as under:
7.1 General Obligations of the Supplier
The Supplier shall at its own cost and expense:
(a) Supply, install, and commission the Systems at BRTS bus stations/ locations
decided by Authority in required quantity at stipulated price within specified time
limit in accordance with the provisions of this Tender, Good Industry Practice and
Applicable Laws.
(b) Repair and maintain the System in full operational condition as per the terms of the
Service Level Conditions included in Annexure 6 during the Warranty and Annual
Maintenance Contract Period, if required through changing the Spare Parts.
(c)

Obtain all Applicable Permits in conformity with the Applicable Laws and be in
compliance with thereof at all times for execution of its obligations.

(d) Ensure compatibility of the System with the various softwares/ protocols of other
components/ systems of BRTS.
(e) Procure and maintain in full force and effect, as necessary, appropriate proprietary
rights, licenses, agreements and permissions for materials, methods, processes and
Systems used in or incorporated into the System.
(f)

Allow and entitle the Authority or a nominee of the Authority to step into this
Contract at the Authoritys discretion, in place and substitution of the Supplier in
the event of Termination pursuant to the provisions of this Tender;

(g) Provide all assistance to the Authority or its representative as they may reasonably
require for the performance of their duties and services under this Tender;
(h) Provide to the Authority reports on a regular basis during the Warranty Period and
AMC period on the progress of the project as may be demanded by the Authority.

28

(i)

Ensure and provide full cooperation and assistance to the other vendors and to the
Authorities to ensure that the System is compatible with other components of the
BRTS.

(j)

Make efforts to maintain harmony and good industrial relations among the
personnel employed in connection with the performance of the Suppliers
obligations under this Tender.

(k) Develop, implement and administer a Surveillance and Safety Program for the
System and the users thereof and the Contractors personnel engaged in the
provision of any services including correction of safety violations and deficiencies,
and taking of all other actions necessary to provide a safe environment in
accordance with Applicable Laws and Good Industry Practice;
(l)

Take all reasonable precautions for the prevention of accidents on or about the
System Installation Site/ Facility.

(m) Not to place or create nor to

permit any Contractor or other person claiming

through or under the Supplier to create or place any Encumbrance over all or any
part of the Project Assets, or on any rights of the Supplier therein, save and except
as expressly set forth in this Tender;
(n) Be responsible for safety, soundness and durability of the System including all
structures forming part thereof and their compliance with the Specifications and
Standards set forth in this Tender through out the warranty period and the AMC
period.
(o) Remove promptly upon installation and according to Good Industry Practice, from
the Installation/Project Site, all surplus installation machinery and materials, waste
materials, rubbish and other debris and keep the site in a neat and clean condition
and in conformity with the Applicable Laws and Applicable Permits.
(p) Have requisite organization and designate and appoint suitably qualified officers/
representatives as it may deem appropriate to supervise the implementation of its
obligations under this Tender and to deal with the Authority or its representative

29

and to be responsible for all necessary exchange of information required pursuant


to this Tender;
(q) Undertake, do and perform all such acts, deeds and things as may be necessary or
required to adhere to Project Completion under and in accordance with this Tender;
(r)

Make available for inspection by Authority or any authorized person of the


Authority, copies of Tender, subsequent Agreement, Maintenance Manual and
copies of all documents relating to safety and its safety standards free of charge.

(s)

The Supplier shall be responsible for ensuring that any existing utility on, under,
above, adjacent, adjoining or near the Project Site is kept in continuous satisfactory
use, if necessary, by the use of suitable temporary or permanent diversions with
prior approval of the Authority.

7.2 Obligations of the Authority


The Authority shall:
(a) Permit the Supplier to work on the project site to execute its obligations.
(b) Grant or where appropriate provide necessary assistance to the Supplier in securing
Applicable Permits;
(c)

Grant in a timely manner all such approvals, permissions and authorizations which
the Supplier may require or is obliged to seek from the Authority in connection with
implementation of the Project and the performance of the Suppliers obligations as
per the tender;

(d) Ensure peaceful use of the Site by the Supplier without any let or hindrance from
the Authority or persons claiming through or under it;
(e) Upon written request from the Supplier, assist the Supplier in obtaining access to
necessary infrastructure facilities and utilities, including water, electricity and
telecommunication facilities at rates and on terms no less favorable to the Supplier
than those generally available to other contractors/ suppliers of the Authority
supplying substantially similar equivalent facilities/utilities. This provision shall not

30

entitle the Supplier to be excused from its obligations under the Tender for the
Authority being unable to supply such assistance.
(f)

Ensure that no barriers are erected or placed by the Authority or any Governmental
Agency on the Site, except on account of any law and order situation or upon
national security considerations;

(g) Make payments in timely manner for work completed in a satisfactory manner as
per the payment terms.

31

8 SYSTEM
INSTALLATION,
COMPLETION AND INSURANCE

COMMISSIONING,

WORK

8.1 Monitoring and Supervision


During the Warranty Period and AMC Period, the Supplier shall furnish to the Authority
periodic reports on actual progress of the Flap gate/ Turnstile works and furnish any
other relevant information as may reasonably be required by the Authority.
8.2 Project Completion
(a) The Flap gate/ Turnstile units shall be supplied against each request for supply by
the Authority. Such request shall be in writing, indicating the number of units to be
supplied and locations (Sites) where they are to be installed. Such requests shall be
continued to be made until the full order is exhausted.
(b) Upon getting the Request for Supply order, the supplier shall promptly and as soon
as possible but in any case not later than 15 days from the date of Request,
complete the supply, installation and commissioning of the System at the stated
site.
(c)

After successful supply, installation and commissioning of required units of Flap


gates/ Turnstiles, the Supplier shall inform Authority/ its authorized representative
who shall conduct demonstration / testing of the System installed to test their
conformity to Supply Specifications. The system shall be checked for full
functionality in an integrated environment. Upon satisfaction, Authority/ its
authorized representative shall issue a Completion Certificate. No certificate shall be
issued against only delivery, partial installation or incomplete commissioning of any
individual unit.

(d) The supply shall be deemed to be complete only when the Completion Certificate is
issued by the Authority in accordance with the provisions set forth in this Tender
Document. Such certificate may be supplied individually for each Flap gate/
Turnstile unit of the System or for batches.

32

(e) If the Completion is delayed beyond the stipulated time for any reason other than
Force Majeure or reasons attributable to the Authority, the Authority shall be
entitled, by Encashment notice to forfeit the Performance Security to recover the
liquidated damages payable.
(f)

For delay in Completion beyond 90 days, the Authority shall subject to the
provisions of this Tender Document relating to excuse from performance of the
Suppliers

obligations

hereunder,

be

entitled

to

terminate

the

contract

in

accordance with the provisions for termination.


8.3 Maintenance
During the Warranty and the Maintenance Contract Period, the Supplier shall maintain
the System, modify, repair or otherwise make improvements to the Project/ Project
Facility to comply with Tender Specifications, Good Industry Practice, Applicable Laws
and

Applicable

Permits,

and

manufacturers

guidelines

and

instructions.

More

specifically, the Supplier shall be responsible for:


(a) Ensuring smooth and uninterrupted access to the facility in normal operating
conditions;
(b) Undertaking routine maintenance
(c) Adherence to the Safety Standards commensurate with the project size and function.
(d) Repair/ replacement of all faults during the warranty period and AMC Period arising
out of manufacturers defects and wear and tear of the unit within design limits. In such
circumstances the Supplier shall repair/replace the unit to restore full functionality.
Maintenance shall also include the replacement of spare parts damaged due to normal
wear and tear and defects.
Damages due to physical attack by passengers (vandalism), tampering of equipment by
passengers, Authoritys staff or any external party shall be the liability of the Authority.
In such an event, the Authority shall request the Supplier to repair/replace the damaged
unit and reinstall the same. All costs towards the same shall be reimbursed by the
Authority to the Supplier.

33

Upon completion of the Project, the Supplier shall submit to the Authority for approval a
detailed manual for maintenance (the Maintenance Manual) incorporating a detailed
preventive and breakdown maintenance regime including frequency, type and methods
of maintenance interventions. Upon approval, such the maintenance regime shall be
followed strictly. The Manual shall not conflict with provisions of the Tender Document/
subsequent Agreement.
If the repair of a unit is likely to take substantial time, then Authority may request the
supplier to temporarily replace the unit until the original unit is repaired and replaced,
failing which the Authority shall reserve the right to claim damages.
8.4 Insurance
8.4.1

Insurance during the entire period

The Supplier shall, at its cost and expense, purchase and maintain during the
Implementation Period, Warranty Period and the AMC period, such insurances as are
necessary, including but not limited to the following:
(a) Suppliers all risk insurance;
(b) Comprehensive third party liability insurance including injury or

death to

personnel of Persons who may enter the Project Site;


(c)

Workmens compensation insurance;

(d) Any other insurance that may be necessary to protect the Supplier, its employees
and its assets (against loss, damage or destruction at replacement value)
including all Force Majeure Events that are insurable and not otherwise covered in
items (a) to (c).
The Supplier shall, from time to time, provide to the Authority copies of all insurance
policies (or appropriate endorsements, certifications or other satisfactory evidence of
insurance) obtained by the Supplier in accordance with this Tender.

34

8.4.2

Application of Insurance Proceeds

(a) All moneys received under insurance policies shall be promptly applied by the
Supplier towards repair or renovation or restoration or substitution of the supplied
units or any work related to it or any part thereof which may have been damaged
or destroyed.
(b) The Supplier shall carry out such repair or renovation or restoration or
substitution to the extent possible in such manner that the supplied units or any
part thereof, shall, after such repair or renovation or restoration or substitution be
as far as possible in the same condition as they were before such damage or
destruction, normal wear and tear excepted.
8.4.3

Validity of the Insurance Cover

The Supplier shall pay the premium payable on such insurance policy(ies) so as to keep
the policy(ies) in force and valid throughout the Period of Warranty and AMC period and
furnish copies of the same to the Authority. Each insurance policy shall provide that the
same shall not be cancelled or terminated unless 10 Days' clear notice of cancellation is
provided to the Authority in writing. If at any time the Supplier fails to purchase and
maintain in full force and effect any and all of the insurances required under this
tender/subsequent agreement, the Authority may at its option purchase and maintain
such insurance and all sums incurred by the Authority therefore shall be reimbursed by
the Supplier forthwith on demand, failing which the same shall be recovered by the
Authority by exercising right of set off or otherwise.

35

9 COMMERCIAL AND PAYMENT TERMS


9.1 Payment for Supply
Upon successful Project Completion or its part thereof depending on the work order, the
Authority undertakes to pay the Supplier 50% of the invoiced amount upon successful
installation and demonstration of operations within 30 days of the delivery of the Invoice
to it, provided such obligation is not delayed on account of events beyond the control of
the Authority such as Force Majeure and further provided that the invoice is presented
along with Completion Certificate for the units represented in the invoice. 40% of the
amount shall be paid on 3 months satisfactory operations of the System and the balance
10% shall be paid on 6 months of satisfactory operations of the concerned units.
Payment can be made as per batch wise orders placed.
If the successful installation and commissioning of the units is delayed as per
Specifications, the Authority shall be entitled, by reasonable notice, to forfeit the
Performance Security.
Liquidated Damages for delay in supply and complete installation shall apply as specified
in the Bid Summary.
The rate approved by the Authority shall be valid for a period as specified in the bid
summary.
The payments shall be made, subject to the Authoritys right to deduct payments if any,
towards any damages, unsatisfactory services etc as per the provisions of the Tender.
No payment shall be made for part supply, part installation or part commissioning of any
individual units of the Flap gates/ Turnstiles. While payment can be invoiced for one or
more units, a completion certificate corresponding to each of the units represented in
the invoice must be submitted.

36

9.2 Payment for Annual Maintenance Contract


Payment during the Annual Maintenance Contract period shall be made annually at the
end of each such year of the contract after issue of Satisfactory Service Certificate for
the payment tenure from the Authority.
The total amount payable for Annual Maintenance Contract of each supplied unit for a
period mentioned in the Bid Summary shall be quoted in the Price Bid.

37

10

GENERAL TENDER CONDITIONS

10.1 Letter of Acceptance & Agreement


As the first step for the assignment, the Authority shall issue the successful Bidder a
Letter of Acceptance. This letter will refer to the proposal and confirm its acceptance.
The parties agree to enter into an agreement in due course which shall consist of these
Terms and Conditions- as mutually agreed between the parties and the additional terms
that the Authority finds suitable for the execution of this Contract.
10.2Work Order
Work Order once placed by the Authority cannot be cancelled or amended in normal
circumstances. But in case of any emergency situations it can be amended on mutual
consent in writing.
10.3 Lead Time and Liquidated Damages
The successful Bidder will be given a Request for Supply of certain number of units of
Flap gates/ Turnstiles. Such units will be required to be supplied and installed within the
time as mentioned in the Bid Summary of this tender document. The liquidated damages
in case of non-compliance would be as per the Bid Summary.
10.4Quantity Variation
In case of variation in quantity purchased, no claim shall be entertained or become
payable for price variation of supplied units.
10.5Tax liability
The Prices mentioned in the Price Bid should include all taxes applicable as on the date
of submission of the Tender. Any deviations due to change in the rate of taxes and
duties or any introduction of new taxes and duties would be adjusted at actual with
mutual consent from the Supplier and the Authority. The Authority shall be entitled to
deduct tax at source as may be applicable. The TDS certificate(s) shall be submitted as
per the due date specified in the Income Tax Act.

38

10.6 Change Management Procedure


Any changes having technical or commercial implications will have to be mutually agreed
upon in advance, prior to making the change. In case of situations, that the impact is
not dependent on one or both parties agreement, the revised commercials will be
effective from the date of impact.
For avoidance of doubt, the parties expressly agree that:
a) Change Request shall not be effective and binding unless agreed in writing and
signed by both Authority and supplier.
b) The payment of any additional cost agreed under a Change Request shall be in
addition to the payments agreed upon under the Tender between the two parties.
c) Upon

Change

Request

becoming

effective,

the

Works

Schedule

shall

automatically stand adjusted by the additional time required for implementing the
Change Request.
10.7Termination of Contract and Termination payment
This Contract may be terminated by either party:
1) By mutual agreement or by either party for its convenience by giving four week
written notice, or
2) In case of breach by one party of the terms and conditions of this tender and its
failure to remedy such breach within a period of four weeks from date of receipt
of a default notice in this regard from the non breaching party to the breaching
party, or
3) in case of the filing by or against the other Party in any court of competent
jurisdiction of a petition in bankruptcy or insolvency, or for a scheme of
rearrangement (reorganization) with creditors, for the appointment of a receiver
or trustees; or the making of an assignment for the benefit of creditors.
In case of issue of termination notice, the Authority will pay Supplier all payments due
as of the termination date stated in the notice, including those for the proportion of work
completed in the on-going stage, until termination.

39

10.8Dispute Resolution
In the event of a dispute or difference of any nature whatsoever between the Supplier
and the Authority during the course of the Works, the same shall be referred to the
Municipal Commissioner for resolution. The decision of the Municipal Commissioner shall
be final and binding on both the parties.
10.9

Events of Default and Termination

10.9.1 Event of Default


Event of Default means the Supplier Event of Default or the Authority Event of Default or
both as the context may admit or require.
(a) Supplier Event of Default
Any of the following events shall constitute an event of default by the Supplier unless
such event has occurred as a result of Authority Event of Default or a Force Majeure
Event;
(1) The Supplier fails to commence the supply and installation works within specified
Lead Time.
(2) The Supplier fails to achieve Project Completion beyond permitted time as per the
Bid Summary of this Tender Document.
(3) Any representation made or warranties given by the Supplier under this tender is
found to be false or misleading.
(4) The Supplier creates any Encumbrance on the designated site, save and except as
otherwise expressly permitted under this Contract.
(5) The Supplier is in breach of Maintenance Requirements as per the Warranty terms
and maintenance manual.
(6) The Performance Security has been encased and appropriated in accordance with
clause and Supplier fails to replenish or provide fresh Performance Security within
Cure Period of 15 (fifteen) days.

40

(7) The Supplier failed to make any payment to Authority within the Period specified in
the Tender.
(8) The Supplier submits to the Authority any statement which is false in material
particulars and which has a material effect on Authoritys right, obligations or
interests.
(9) The transfer, pursuant to law of either (a) the rights and/or obligations of the
Supplier under any of the Project Agreements, or (b) all or material part of the
Supplier except where such transfer in the reasonable opinion of Authority does not
affect the ability of the Supplier to perform, and the Supplier has the financial and
technical capability

to

perform,

its

material

obligations

under

the

Project

Agreements.
(10) A resolution is passed by the shareholders of the Supplier Company for the
voluntary winding up of the Supplier Company.
(11) Any petition for winding up of the Supplier firm/company is admitted by a court of
competent jurisdiction or the Supplier is ordered to be wound up by Court except
for the purpose of amalgamation or reconstruction, provided that, as part of such
amalgamation or reconstruction, the property, assets and undertaking of the
Supplier are transferred to the amalgamated or reconstructed entity and that the
amalgamated or reconstructed entity has unconditionally assumed the obligations
of the Supplier under this Contract, and provided that:
(a) the amalgamated or reconstructed entity has the technical capability and
operating experience necessary for the performance of its obligations under
this Contract.
(b) the amalgamated or reconstructed entity has the financial standing to perform
its obligations under this Supplier and has a credit worthiness at least as good
as that of the Supplier as at date of LOI; and
(c)

each of the Contracts remains in full force and effect.

41

(12) The Supplier suspends or abandons the operations of the Project without the prior
consent of Authority, provided that the Supplier shall be deemed not to have
suspended/ abandoned operation if such suspension/ abandonment was as a result
of Force Majeure Event and is only for the period such Force Majeure is continuing,
(13) The Supplier repudiates the Contract or otherwise evidences an intention not to be
bound by it.
(14) The Supplier is otherwise in Material Breach of the Contract or commits a default in
complying with any other provision of the tender document.
(b) Authority Event of Default
The following events shall constitute events of default by Authority (each an Authority
Event of Default), unless any such an event has occurred as a result of Supplier Event
of Default or due to a Force Majeure Event:
(1) Authority repudiates this Contract or otherwise evidences an intention not to be
bound by it.
(2) Authority or any Governmental Agency has by an act of commission or commission
created circumstances that have a Material Adverse Effect on the performance of its
obligations by the Supplier and has failed to cure the same within thirty (30) days
of notice thereof by the Supplier.
10.9.2 Termination due to Event of Default and Termination Payment
(a)

Termination for Supplier Event of Default

(1) Without prejudice to any other right or remedy which Authority may have in respect
thereof under the Tender, upon the occurrence of a Supplier Event of Default,
Authority shall, subject to the provisions of the Contract, be entitled to terminate
this Contract by issuing a Termination Notice of 30 days to the Supplier, provided
that before issuing the Termination Notice, Authority shall by a notice in writing
inform the Supplier of its intention to issue the Termination Notice (the Preliminary
Notice). In case the underlying breach/default is not cured within a period of 7
(seven) days from the date of the Preliminary Notice (Cure Period) Authority shall

42

be entitled, to terminate this Contract by issuing the Termination Notice. Provided


further, that
a. If the default is not cured within 7 (seven) days of the Preliminary Notice,
Authority shall be entitled to encash the Performance Security with a notice to
the Supplier (Encashment Notice),
b. If the default is not cured within 7 (seven) days of the Encashment Notice and a
fresh Performance Security is not furnished within the same period, Authority
shall be entitled to issue the Termination Notice.
c. Upon Termination the Authority shall be entitled for any legal remedies for
compensation as may be prescribed by law.
(b)

Termination for Authority Event of Default

The Supplier may, upon the occurrence and continuation of any of Authority Event of
Default may terminate the Contract by issuing Termination Notice of 30 days to
Authority.
10.9.3 Rights of Authority on Termination
Upon Termination of this Contract for any reason whatsoever, Authority shall have the
power and authority to:
(1) Retain possession and control of Project Assets forthwith;
(2) Prohibit the Supplier and any person claiming through or under the Supplier from
entering upon the Project Assets/dealing with or any part thereof;
(3) Appoint another party or Supplier that may carry of the remaining obligations of
the Supplier.
10.9.4 Termination Payments
In case of termination, the Authority shall pay Bidder payments due as of the
termination date stated in the notice, for the proportion of work fully completed. The
Authority may, at its sole discretion, also pay termination compensation it may decide to
be reasonable in the circumstances.

43

10.10Intellectual Property
The Intellectual Property Rights (IPR) in all the deliverables and documentation
associated therewith and developed or upgraded hereunder and ownership of tools,
processes, utilities, and methodology including any Supplier proprietary products or
components thereof used in the provision of services or development of deliverables and
all new ideas, inventions, innovations, or developments conceived, developed or made
by Supplier or its Consultants/Employees while providing services hereunder shall
remain the absolute property of Supplier.
10.11Liability
In no event shall the Supplier or the Authority be liable, one to the other, for special or,
indirect damages in connection with or arising out of the furnishing, performance or use
of the services or deliverables provided by Supplier under the terms of this tender
proposal.
10.12Indemnity
The Supplier shall, during the term of the whole contract, indemnify and hold the
Authority harmless from any loss, claim or damage, third party suit, proceedings,
judgments, cost and expenses (including reasonable attorney fees) relating to any
infringement claim by a third party if the same is based on any Supplier materials
provided to Authority by or on behalf of Supplier or the access and use by Authority of
any Supplier provided software or materials in connection with Suppliers performance of
Services hereunder without breaching the terms of the Tender.

Supplier will defend, indemnify and hold harmless Authority from and against any thirdparty suit, proceeding, judgment, costs and expenses (including, reasonable attorney
fees) to the extent such action or claim is based on allegation that the Services or
Deliverables as provided to Authority by Supplier and the use thereof by Authority as
stated in the Tender constitutes an infringement of or misappropriation of the copyright,
patent, trademark or trade secret rights of any third party.

44

10.13Force Majeure
Should either Party be prevented from performing any of its responsibilities (as detailed
in this proposal) by reason caused by an Act of God or any cause beyond its reasonable
control including but not limited to work stoppages, fires, riots, terrorist strikes,
accidents, explosions, floods, cyclones, storms wars, revolutions, acts of public enemies,
blockages, embargos any laws, orders, proclamations, ordinances, demands or
requirements for any government or authority or representative of any such government
including restrictive trade practices or regulations strikes, shutdowns, labor disputes
which are not instigated for the purpose of avoiding obligations herein failures and/or
fluctuations in electric power, light, telecommunications or air-conditioning equipment
the time for performance shall be extended until the operation or such cause has
ceased, provided the party affected gives prompt notice to the other of any such factors
or inability to perform, resumes performance as soon as such factors disappear or are
circumvented. Under this clause, if either party is excused performance of any obligation
for a continuous period of 30 days, then the other party may at any time thereafter
while such performance continues to be excused, terminate the Contract without
liability, by notice in writing to the other. However, the aforementioned reasons do not
include lack of personnel and non-performance of third parties hired.
The Supplier shall not be entitled to any termination payment from the Authority in case
of force majeure, including termination of contract due to force majeure. Authority shall
pay the Supplier all payments due as of the termination date as stated in the notice,
including those for the proportion of work completed fully in the on-going stage, until
termination. Performance security shall, subject to the Authoritys right to receive
amounts, if any, due from Supplier under this contract, be duly discharged and released
to the Supplier.
10.14Independent Contractor
Supplier shall be deemed to be acting as an independent contractor of Authority and
shall not be deemed an agent, legal representative, joint venture or partner of Authority.

45

Neither party is authorized to bind the other to any obligation, affirmation or


commitment with respect to any other person or entity.
10.15No Assignment
Neither party shall assign or transfer all or any of its obligations under this arrangement
including any Statement of Work to any person without the prior written consent of the
other party, which consent shall not be unreasonably withheld or delayed.
10.16No Consortium
No Joint Ventures or Consortium is permitted to bid. Only single legal entities which are
either a registered body, Government agency or statutory body shall be allowed to bid
for this tender.
10.17Tender Disqualification Criteria
The proposal is liable to be disqualified in the following cases:
1. Proposal submitted in incomplete form.
2. Proposal is not accompanied by all requisite supporting documents.
3. Information submitted in technical bid is found to be misrepresented, incorrect or
false, accidentally, unwittingly or otherwise, at any time during the processing of the
contract (at any stage) or during the tenure of the contract including the extension
period if any.
4. Bidders may specifically note that while evaluating the proposals, if it comes to
Authoritys knowledge expressly or implied, that some Bidders may have compounded in
any manner whatsoever or otherwise joined to form an alliance resulting in delaying the
processing of proposal then the Bidders so involved are liable to be disqualified for this
contract as well as for a further period of two years from participation in any of the bids
floated by Authority. It is also clarified that if need arises Authority would go in for
appointment of outside party(s) to undertake the work under the captioned bid.

46

10.18Understanding of terms
By submitting a proposal, each Bidder shall be deemed to acknowledge that it has
carefully read all parts of this Tender, including all forms, schedules and annexes hereto,
and has fully informed itself as to all existing conditions and limitations.
10.19Conflict of Interest
Bidder shall furnish an affirmative statement as to the existence of, or potential for
conflict of interest on the part of the Bidder or any prospective subcontractor due to
prior, current contracts, engagements, or affiliations with Authority. Additionally, such
disclosure shall address any and all potential elements (time frame for service delivery,
resource, financial or other) that would adversely impact the ability of the Bidder to
complete the requirements as given in the Tender.
10.20Authoritys right to accept any proposal and to reject any proposal
Authority reserves the right to accept or reject any proposal, and to annul the bidding
process and reject all proposals at any time prior to award of contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform the
affected Bidder or Bidders of the grounds for Authoritys action.
10.21Notification of Award
Prior to the expiration of the validity period, Authority will notify the successful Bidder in
writing or by fax or email, to be confirmed in writing by letter, that its proposal has been
accepted. The notification of award will constitute the formation of the contract. Upon
the successful Bidders furnishing of performance security, Authority will notify each
unsuccessful Bidder.
10.22Signing of Agreement
At the same time as Authority notifies the successful Bidder that its proposal has been
accepted,

Authority

shall

enter

into

separate

Agreement,

incorporating

all

correspondence (to be discussed and agreed upon separately) between Authority and
the successful Bidder. The terms and conditions of this tender shall constitute the major
part of the agreement. Such Agreement may have additional clauses and/or provisions

47

that further explain or clarify provisions of this tender, or certain provisions which
Authority may be required to include as per law or being a publicly owned institution, as
per its practices.
10.23 Failure to agree with the terms and conditions
Failure of the successful Bidder to agree with the Terms & Conditions of the Tender shall
constitute sufficient grounds for the annulment of the award, in which event Authority
may award the contract to the next best value Bidder or call for new proposals.
10.24 Severability and Waiver
If any provision of this Tender, or any part thereof, shall be found by any court or
administrative body of competent jurisdiction to be illegal, invalid or unenforceable the
illegality, invalidity or unenforceability of such provision or part provision shall not affect
the other provisions of this Tender or the remainder of the provisions in question which
shall remain in full force and effect. The relevant Parties shall negotiate in good faith in
order to agree to substitute for any illegal, invalid or unenforceable provision a valid and
enforceable provision, which achieves to the greatest extent possible the economic, legal
and commercial objectives of the illegal, invalid or unenforceable provision or part
provision. No failure to exercise or enforce and no delay in exercising or enforcing on the
part of either Party to this Tender of any right, remedy or provision of this Tender shall
operate as a waiver of such right, remedy or provision in any future application nor shall
any single or partial exercise or enforcement of any right, remedy or provision preclude
any other or further such right, remedy or provision or the exercise or enforcement of
any other right, remedy or provision.
10.25REPRESENTATIONS AND WARRANTIES, DISCLAIMER
10.25.1 Representations and Warranties of the Supplier
The Supplier represents and warrants to Authority that:
(1)

it is duly organized, validly existing and in good standing under the laws of India;

(2)

it has full power and authority to execute, deliver and perform its obligations
under the Tender and to carry out the transactions contemplated hereby;

48

(3)

it has taken all necessary corporate and other action under Applicable Laws and
its constitutional documents to authorize the execution, delivery and performance
of the Tender;

(4)

it has the financial standing and capacity to undertake the Project;

(5)

the Tender constitutes its legal, valid and binding obligation enforceable against it
in accordance with the terms hereof;

(6)

it is subject to civil and commercial laws of India with respect to the Tender and it
hereby expressly and irrevocably waives any immunity in any jurisdiction in
respect thereof;

(7)

the execution, delivery and performance of the Tender will not conflict with, result
in the breach of, constitute a default under or accelerate performance required by
any of the terms of the Suppliers Memorandum and Articles of Association or any
Applicable Laws or any covenant, agreement, understanding, decree or order to
which it is a party or by which it or any of its properties or assets is bound or
affected;

(8)

there are no actions, suits, proceedings, or investigations pending or, to the


Suppliers knowledge, threatened against it at law or in equity before any court or
before any other judicial, quasi judicial or other authority, the outcome of which
may result in the breach of or constitute a default of the Supplier under the
Tender or which individually or in the aggregate may result in any Material
Adverse Effect;

(9)

it has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any
Government Agency which may result in any material adverse effect or
impairment of the Suppliers ability to perform its obligations and duties under the
Tender;

(10)

it has complied with all Applicable Laws and has not been subject to any fines,
penalties, injunctive relief or any other Civil or criminal liabilities which in the
aggregate have or may have Material Adverse Effect;

49

(11)

no representation or warranty by the Supplier contained herein or in any other


document furnished by it to Authority or to any Government Agency in relation to
Applicable Permits contains or will contain any untrue statement of material fact
or omits or will omit to state a material fact necessary to make such
representation or warranty not misleading; and

(12)

no sums, in cash or kind, have been paid or will be paid, by or on behalf of the
Supplier, to any person by way of fees, commission or otherwise for securing the
Tender or entering into of the Contract or for influencing or attempting to
influence any officer or employee of Authority in connection therewith.

10.25.2 Disclaimer
(1)

Without prejudice to any express provision contained in the Tender, the Supplier
acknowledges that prior to the execution of the Contract, the Supplier has after a
complete and careful examination made an independent evaluation of the
Specifications, Project Site and all the information provided by Authority , and has
determined to the Suppliers satisfaction the nature and extent of such difficulties,
risks and hazards as are likely to arise or may be faced by the Supplier in the
course of performance of its obligations hereunder.

(2)

The Supplier further acknowledges and hereby accepts the risk of inadequacy,
mistake or error in or relating to any of the matters set forth in (a) above and
hereby confirms that Authority

shall not be liable for the same in any manner

whatsoever to the Supplier.


10.25.3 Representations and Warranties of Authority
Authority represents and warrants to the Supplier that:
(1)

Authority has full power and authority to grant the Tender;

(2)

Authority has taken all necessary action to authorize the execution, delivery and
performance of the Contract;

50

(3)

The Contract constitutes its legal, valid and binding obligation enforceable against
it in accordance with the terms hereof.

10.25.4 Governing Law and Jurisdiction


The Contract shall be construed and interpreted in accordance with and governed by the
laws of India and the Courts at Ahmedabad shall have jurisdiction over all matters
arising out of or relating to the Contract.

10.25.5 Survival
Termination of the Contract (a) shall not relieve the Supplier or Authority of any
obligations hereunder which expressly or by implication survives Termination hereof,
and (b) except as otherwise provided in any provision of the Tender expressly limiting
the liability of either Party, shall not relieve either Party of any obligations or liabilities
for loss or damage to the other Party arising out of or caused by acts or omissions of
such Party prior to the effectiveness of such Termination or arising out of such
Termination.
10.25.6 Amendments
This Tender and the Schedules together constitute a complete and exclusive statement
of the terms of the Contract between the Parties on the subject hereof and no
amendment or modification hereto shall be valid and effective unless agreed to by all
the Parties hereto and evidenced in writing.

10.25.7 No Partnership
Nothing contained in the Tender shall be construed or interpreted as constituting a
partnership between the Parties. Neither Party shall have any authority to bind the other
in any manner whatsoever.
10.26Miscellaneous
10.26.1 Language

51

All

notices

required

to

be

given

under

this

Tender

and

all

communications,

documentation and proceedings which are in any way relevant to this Tender shall be in
writing in Hindi/Gujarati/English language.
10.26.2 Ownership and Protection of Property
(1) The ownership of the units being supplied by the Supplier shall pass on the
Authority only on successful installation, issue of Completion Certificate and raising
of invoice by the Supplier. The Authority shall not be obliged to pay for any
incompletely installed works.
(2) Authority shall retain the title and ownership of any site allotted by Authority to
Supplier for purposes of carrying out Suppliers obligations in relation to this
Project. Such title and ownership of Authority of any such site shall not pass to
Supplier.
(3) The Authority shall permit the Supplier to work on the project site to execute its
obligations in accordance with the Tender. The Supplier shall have the exclusive
right to enter upon, occupy and use the Project Site for the specific purpose of
ensuring installation, repair, maintenance and smooth operations of the System.
(4) The Supplier shall ensure that the work of installation and maintenance does not
obstruct, interfere or deactivate any other equipment, Systems, utilities, security
Systems, electrical lines and any other such equipment which is part of BRTS or
public infrastructure. If such obstructions, interference is unavoidable, it should be
done through prior approval of the Authority and in a manner that causes the least
difficulty/closure.

52

Formats for documents to be submitted


Annexure 1: Forwarding Letter
Dated:
To,
Municipal Commissioner,
Ahmedabad Municipal Corporation,
Sardar Patel Bhavan,
Danapith, Ahmedabad 380001
Subject: With respect to tender for the supply of Flap Gates and Tunrstiles for Bus
Stations for Bus Rapid Transit System (BRTS) in Ahmedabad city.
Dear Sir,

With respect to above mentioned subject, we are pleased to submit the tender. This
offer is subject to all terms and conditions contained in the tender document. I have not
made any changes either directly or indirectly in terms and conditions of the Tender. In
additions to terms and conditions of this tender, I am not given any written or oral
promise from the Authority.
The EMD draft details are as follows:
Amount: _______________ DD No. ____________ Dated:______________
Payable at Ahmedabad on Bank: _______________________
We are pleased to submit the following documents towards the same.
1. Technical bid
2. Price bid.

53

I am fully aware that the Authority has right to accept any tender or reject any/all
tenders without giving any reason and upon rejection of tender/tenders I shall not be
entitled to any right with related to the Authority.

I have thoroughly read and understand all the terms and conditions of this tender and I
promise to observe all the terms and conditions of this tender. I have signed and sealed
each and every page of this tender document.

(Signature and stamp of the Bidder with date)

54

Annexure 2: Format for Power of Attorney of Bidder


appointing Designated Representative
(Applicable in case of bid not being signed by the person directly authorized by the firm)
Dated:
To,
Municipal Commissioner,
Ahmedabad Municipal Corporation,
Ahmedabad
Dear Sir,
REF: Your Tender Ref.:
<Bidders name> hereby authorizes <Designated Representatives name> to act
as a representative of <Bidders name> for the following activities vide its Board
Resolution/ Power of Attorney attached herewith.
To attend all meetings conducted by Ahmedabad Municipal Corporation (AMC) or other
entities associated with Flap gates/ Turnstiles for Ahmedabad Municipal Corporation and
to discuss, negotiate, finalize and sign any bid or agreement and contract related to
supply tender for supply of Flap gates/ Turnstiles.
Yours faithfully,
<Signature and Name of appropriate authority of the Bidder >
<Signature and name of the Designated Representative of the Bidder for
acceptance of this Power of Attorney>
For
<Name of Bidder >
Encl: PoA or Board Authorization

55

Annexure 3: Format for Technical Bid

3.1 Capability Statement


(1)

Bidders name and contact details.

(2)

Registered Office Address

(3)

Bidders Registration Certificate

(4)

Bidders audited annual report with profit and loss statement and balance sheet
for the last three (3) financial years

(5)

Turnover for last three years in the following format:

Year

Turnover from business in India


(Rs. in crore)

Seal and Signature of Auditor / Registered Chartered Accountant with Registration


Number:

<Signature, name of the Designated Representative of the Bidder>


<Company Seal >

56

3.2: Format for Providing References


References may be provided in the following format. Add more columns for references if
necessary.
Details
Name

and

Reference1

Reference2

Reference3

Contact

Details of the customer


Organization including
phone/email
Nature of Work
Number

of

Units

supplied
Value of Work
Duration of Work
Government/Nongovernment
Supporting Documents

<Signature, name of the Designated Representative of the Bidder>


<Company Seal >

57

3.3: Quality and Technical Solution


The technical proposal should explain the solution proposed by the Bidder and should
highlight its salient features (if any). If so desired, the Bidder can include any other
relevant information.
Minimum Checklist for Technical Proposal
Sr.

Item

Documents

No
1

Remarks

(If

any)
Detailed technical Solution

Data Sheets

Literature / Datasheets
2.

Quality Assurance

Details of the Bidders


quality assurance activities
and any certifications
received

List of Deviations from Technical


Specifications, if any, clearly laid
out.

Any Supporting Documents

<Signature, name of the Designated Representative of the Bidder>


<Company Seal >

58

Annexure 4: Format for Price Bid


The financial proposal should contain the cost of all components of solution in the
following format:

Operational Entity

Approximate Nos.

Bus Stations

39

Total number of Flap gates

175

Total number of Turnstiles

175

Pricing Format
Sr.

Items

No.

Number of

All inclusive

Total Cost

units to be

Rate per Unit

C = (A * B)

supplied
A
1

Flap

gates

as

specifications

per

(in Rs.)
B

175

in

Annexure 6 inclusive
of 3 year warranty
period
2

Turnstiles

as

specifications

per

175

in

Annexure 6 inclusive
of 3 year warranty
period

59

Comprehensive Annual Maintenance Contract for Flap Gates (for 4 years after
warranty period)
Particulars

AMC

Rate

per AMC

unit per annum

Rates

per AMC Rate for all

unit for 4 years

units

for

all

(A* 4 years)

years for all 4


years (B x 175
units)

Comprehensive AMC
fees for Flap Gate
unit as per tender
specifications
Comprehensive AMC
fees for Turnstile
unit as per tender
specifications

I agree that the authority shall retain the right to purchase additional units without any
price variation and the Authority shall select final Bidder for one or a combination of
both items for Flap Gates and Turnstiles. Final decision regarding the same shall vest
with the Authority.

<Signature, name of the Designated Representative of the Bidder>


<Company Seal >

60

Annexure 5: Format for Performance Bank Guarantee

To:
Ahmedabad Municipal Corporation,
Opposite Khamasa Gate,
Sardar Patel Bhavan,
Danapith, Ahmedabad 380001
WHEREAS

_________________________________

(name

and

address

of

Contractor/Supplier) (Hereinafter called the Contractor) has undertaken, in pursuance


of

Contract

No.

____________dated

___________________________

____________

to

execute

[Name of Contract and brief description of Works]

(Hereinafter called the Contract);


AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligations in accordance with Contract; AND
WHEREAS we have agreed to give Contractor such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Contractor, up to a total of Rs.___________________ (amount of
Guarantee) _____________________________ (in words) such sum being payable in
the types and proportions of currencies in which the Contract Price is payable, and we
undertake in which the Contract Price is payable, and we undertake to pay you, upon
your first written demand and without cavil or argument, any sum or sums within the
limits of _________________________ [amount of Guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum
specified therein.
We hereby waive the necessity of your demanding the said debt from Contractor before
presenting us with the demand.

61

We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed there under or of any of the Contract
documents which may be made between you and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any
such change, addition or modification.
This guarantee shall be valid until the date ___________________
Name and Signature of the guarantor: ____________________
Date: ________________________
Name of the Bank: __________________
Address:___________________________
____________________________
____________________________

62

Annexure 6: Technical Specifications and Service Level


Conditions for Flap gates and Turnstiles
1 Specifications
(1)

FLAP GATES/ FLAP BARRIERS

The flap barrier possesses superiority over the traditional management mode. Whether
on the control of rights of passenger, tolling, attendance or counting, traditional
management mode requires a great deal of man power and material. Flap gate
overcomes such inefficiency and greatly ease off the work to manage high flow of
human traffic. The flap barrier should feature great ascetic looks, stainless finish and
durable. The System should be provided with a standard electric interface and should be
easily integrated with various forms of access control.

FUNCTION
The Gates should be provided with fare processing ability to ensure that the System is
only used by fare-paying passengers. It shall process the fare media of each passenger
wishing to enter or leave the System and allows or denies passage through the gate

63

aisle according to the validity of the fare media. The gate can operate either under
control of a station computer system or in a stand-alone mode. The barrier mechanism
separates the paid zone and unpaid zone and gives an effective compromise between
fraud prevention and physical safety of adult, child and handicapped passengers. The
physical barriers shall automatically open in case of a mains power or during emergency
evacuation.
The flap barriers used for entry/exit into the secure hold area in the bus station shall
also have mechanism for RFID single journey coin collector system which can be
interfaced to the coin reader for the purpose of fare collection. The coin collector
interface shall be flexible for tag and go or drop-off at the entry. The process of the fare
collection shall be in the purview of the AFCS service provider; however the system
provided shall be flexible enough to incorporate the AFCS process.
The supplier shall also supply UPS battery within the barrier system to cater to electricity
outages and same should provide backup time of at least 1 Hour.

SECURE ACCESS
The gate is identified by an electronics tag. Downloading security keys is protected
through an authentication process between the gate and its host.

FEATURES
The different gate operating modes may be set locally or remotely. The modes are:
-

In service: Entry/Exit/Bi-Directional

Out of service: Out of service/Maintenance/Station Closed/Power Failure

Different fare modes are permitted by the business rules (set remotely or locally)

Business rules, operating parameters and fare tables updated by the central
system

FARE PROCESSING

64

Fare media are checked for validity and updated in accordance with the business rules
and fare tables currently in force
-

Media acceptable: Mifare 1KB, Desfire 4K and equivalent

Other Media acceptable: RFID Tokens

FLAP GATES
-

Operate in normally- Open mode or Normally- Closed mode

Contact less smart Card or Token Passenger throughput: 60 passengers/min

Barrier types: Central retractable flaps

Gap between flaps < 50 mm

Flap opening < 0.5 sec

Flap MCBF: > 1,000,000 operations

Consumption: 250VA, 550VA peak

Minimum Clear Passage: 1000 mm

PHYSICAL CHARACTERISTICS
-

Combined to form a modular gate array

Integral body type unit made from stainless steel with a brushed finish

Passenger detection by optical sensors

Directional Display by LED Pictograms: Entry or Exit aisles visible up to 10m

User friendly 6.4 color TFT display or LCD display provides clear and logical
passenger interface

Invalid transaction warning (alarm and display)

Intrusion and fraud management (alarm and display)

Modular design with ease of maintenance

ENVIRONMENT
-

Power supply: 220V 10% 50Hz 2%

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Operating Temperature Range: 0 oC to +50 oC

Humidity: 20% to 80% (non-condensing)

(2)

TURNSTILES
Specifications for Turnstiles
Main specifications

Parameter Specification

Height of turnstile

1000 mm

Aisle width

910 mm preferred (minimum 900 mm


required)

Length of turnstile

(short length designs are preferred)


910 mm

Electricity input Voltage VAC

230 V AC (50 Hz)

Frequency- Hz
Duty Cycle %

100%

Protection

IP 32 or better

Locking Mechanism

Magnetic / Solenoid

RFID Token

Collector Mechanism

Materials
All materials should meet the ASTM standards as set forth by the materials industry.
a) Operating mechanism should consist of precision machined, interchangeable parts
made out of high quality steel materials. No parts incapable of sustaining wear and
tear should be used. All relevant components hardened and surface treated to ensure
long life and reliable service. Self centering mechanism should be used in order to

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automatically return arms to the basic position regardless of force used to pass
through the turnstile. Rotation mechanism is cushioned through shock dampening.
b) The modular mechanism design to be mounted on a thick steel plate so as to allow
rapid maintenance.
c) Environmentally friendlier and biologically safer through e-coated surfaces
d) The outer cabinet should be constructed from thick steel with stainless steel finish
e) The hub should have openings for three arms 120 degrees apart. The hub should be
manufactured so as to be protected against oxidation and discolouring.
f) Arms fabricated from stainless steel tubing with about 1 external diameter or more.

Fabrication
a) The operating mechanism should consist of a hardened locking assembly and
interchangeable precision fabricated parts using high quality steel materials.
b) All important sub-assemblies made of machined high quality wear and tear resistant
material.
c) Self-centering, sealed, maintenance free main bearing supports shaft and ratchet
assembly.
d) The operating mechanism should contain of all electrical components (including power
supply, transformers, reset system and access control interface)
e) Stainless steel cabinet has rounded edges and corners with no sharp exposed edges
in order to prevent injuries.
f) Equipped with a locking mechanism to prevent tampering.

Operational specifications
a) The locking and unlocking of the turnstile accomplished by use of a low voltage,
12/24 V DC, system. Activation is via a momentary, isolated, normally open dry
contact closure.

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b) Electrical controls provided in both entrance and exit directions. Controls may be
failsafe, fail-lock or any combination, in either controlled direction.
c) Once a direction of passage is opened, it remains open until the user proceeds
through to the other side of the turnstile, and the reset System automatically relocks
the turnstile and readies it for the next user. The System shall stay open until the
user proceeds through unless an optional time-out relay is used.

Locking mechanism
a) Magnetic / Solenoid locking mechanism (Magnetic shall be preferred)
b) Ultra low noise levels during turnstile operation
c) Lower power consumption since turnstiles not to be continuously powered on and
turnstiles intelligent to sense any movement (or erroneous presentation of the card)
and switch on the power

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2 Service Level Conditions (SLC)


(1) System Availability
The System could be required to be functional round the clock, and the availability of the
System should be in excess of 99% of the operations time.

Any other service level

metrics, as might be appropriately required, would be finalized during the contract


signing stage.
(2) Service monitoring
(a) Supplier will put in place a monitoring mechanism to monitor all Components
Supplier through its monitoring System should provide data which is sufficient to
allow analysis and reporting of Component performance and availability to the
detail and frequency described in these Conditions.
(b) Supplier will additionally use data gathered from its monitoring of the Components
to inform & take approval from competent authority for its decisions in respect of
any changes to its infrastructure which in its sole discretion, deems necessary to
maintain or improve the availability and performance of the services delivered to
Authority.
(3) Performance reporting
Supplier shall record performance and availability of each of the Customer Components
and report this information to the Customer. Where periodic account reviews are agreed
by both parties to be held between the Customer and Supplier, these reports will form
an agenda for such reviews. If the Customer Components include access to Suppliers
service System, Supplier will enable the Customer to view the reports via Suppliers
service system.
(4) Complaints procedure
If the Customer has any complaints about the way in which Supplier support facilities
are being managed, the Customer Representative should contact the Supplier.

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(5) General Maintenance Conditions:


(a) The maintenance shall include both Preventive Maintenance and Corrective
Maintenance.
(b) This Service Level Conditions shall cover each and every part/component of the
System.

The

supplier

shall

examine,

clean,

lubricate

and

adjust

various

components/parts of the entire System including all parts and components every
month and shall take necessary measures to maintain the units in proper working
conditions in accordance with the Specifications in the Service Level Conditions.
(c)

The supplier shall supply and replace any part/components which are discovered to
be potentially detrimental to the safety of the user and/or to the efficient and cost
effective operation of the units and which require immediate replacement.

(d) In case of need to replace any part/component, the supplier shall provide original
make genuine parts/components of similar/higher quality.
(e) In case of emergencies, the supplier shall respond immediately to take the
necessary actions irrespective of the provisions regarding time limit in these SLCs.
(f)

The supplier shall be liable for any kind of damage to the user of the units caused
by poor maintenance, delay in any repair/maintenance works and shall pay for the
damage.

(g) Repairs may be carried out generally during non operational hours.

(6) Nature of Distress, Remedy Periods and Damages payable for Breach.
The Supplier shall during both the warranty period and the AMC period attain following
standards of remedy for each nature of distress specified. In the event of the Supplier
not being able to deliver the services, damages shall be payable by the Supplier against
default in service as shown as follows.

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Nature of Distress

Maximum

Damages

Turnaround

Remedy

period

(hours)

allowed

payable

for

delay

in

restoring operations beyond remedy


period.

per incident
Operations

not

possible/

jammed
Reader sensing issues

0.02% of the value of the unit/s* not


remedied per every hour of delay.

0.02% of the value of the unit/s* not


remedied per every hour of delay.

Performance below capacity

in terms of number of people

0.04% of the value of the unit/s* not


remedied per every hour of delay.

being able to pass per minute


Any other

To be specified by

0.01% of the value of the unit/s* not

the Supplier at the

remedied per every hour of delay.

time of call login.

*For the purposes, the value of the unit shall be the billed value of the unit.
In addition to the above, for any non availability of the System below 99% of total
operations time in hours, damages shall be recoverable separately on a pro rata basis
per every hour of non operations below 99%. The AMC fees quoted will be used as a
basis to calculate the damages on an hourly basis.
(7) Training Requirements
Training is an important activity for the successful implementation of Work. To make the
Work a success, the following training programs shall be arranged by the Supplier from
time to time depending on the requirement and understanding of the service centre
operators, participating users, etc. For all these training programs, Supplier shall provide
adequate course material documents. The following are the trainings to be imparted by
the Supplier:

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Supplier shall impart training to Authority nominated trainer staff, so that they are
aware of the operations of the solution and further impart training to the relevant staff
of Authority ensuring smooth running of System at the selected sites.
Supplier shall also be responsible for re-training the Authority nominated trainers staff
whenever changes are made in the System and it shall be the responsibility of the
Supplier to ensure that the operators are familiar with new versions of system and its
allied services.

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