ODISHA MINERAL EXPLORATION CORPORATION

LIMITED

(A STATE PSU)

BHUBANESWAR-751001

ODISHA

TENDER DOCUMENT

FOR

HIRING OF VEHICLES THROUGH AGENCIES FOR

OMECL

NIT No: 01/OMECL/2021 dated: 21.05.2021

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NOTICE INVITING TENDER

NIT NO. 01/OMECL/2021

Sealed tenders in conformity with the terms & conditions of the tender document available at

OMECL’s website http://www.omecl.in, are invited by OMECL from interested/ reputed travel

agencies, fulfilling the eligibility criteria as stipulated in the tender document for providing hired

vehicles on “monthly hire basis” & “As and When Required Basis” for a period of 05 years subject

to renewal on year to year basis upon satisfactory performance of the agency, for use at its Head

Office at Bhubaneswar and other area as required.

Interested bidders may download the tender document from OMECL’s website & submit the filled-

in bids as per the instructions in the tender documents through registered post/courier/hand

delivery/speed post so as to reach the office of the undersigned on or before 5.00 P.M. of

dt.23.06.2021.

Tenders received after the expiry of the above stipulated date and time shall not be entertained.

The authority reserves the right to cancel any or all the tenders without assigning any reason

thereof.

Director (Geology)

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1 Data sheet

NAME OF THE WORK: - “HIRING OF VEHICLES THROUGH AGENCIES FOR OMECL.

1. NIT No. 01/OMECL/2021

2. Item Description Hiring of vehicles through agencies for OMECL for a period

of 05 years, subject to renewal on year to year basis upon

satisfactory performance of the agency, for use at its Head

Office at Bhubaneswar and other area as required.

3. Type of Tendering Open tendering

4. Availability of tender documents on OMECL’s

website (www.omecl.in)

Date: 21.05.2021; Time: 5:00 PM (IST)

5. Last date for sending queries to OMECL Date: 31.05.2021; Time: 5:00 PM (IST); queries may be sent by email to omecloffice@gmail.com

6. Pre-bid meeting Date: 02.06.2021; Time: 11:00 AM (IST).

Venue: 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001 or to be held via Video Conferencing (VC) – Link shall be shared via email with the prospective bidders based on Covid-19 situation

7. Issue of responses to pre-bid queries, addendum/ corrigendum, if required

Date: 09.06.2021

8. Bid due date Date: 23.06.2021; Time: 5:00 PM (IST)

9. . Place of Submission of Bid OMECL, 3rd floor, Boyan Bhawan, Unit-3,

Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001,

Odisha

10. Date & Time of Opening of Part-I: Techno

Commercial Bid

25.06.2021 at 02:30 PM (IST).

11. Date & Time of Opening of Part-II: Price bid To be intimated

12. Earnest Money Deposit (Bid Security) Rs.50,000/- (Indian Rupees Fifty thousand only)

13. Performance Security INR 3,00,000 (Rupees Three Lakh only) including GST

Amount shall be submitted in the shape of Bank Guarantee

in the format provided in Annexure

VII

14. Zero Date of Contract The ‘Zero’ date of the contract will be the date to be

intimated in LoA (Letter of Award).

15. Validity of Tender 180 days from the bid due date

16. Cost of Bidding Document (Non-Refundable) Rs.5,900/- (Rupees Five Thousand Nine Hundred only)

inclusive of GST @ 18%.

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2 BIDDER’S COVERING LETTER

To

Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha Dear Sir,

Ref: Tender No.: _____________________________

I/We________________________________________ offer for the works as indicated in the Tender notice and the Tender documents, at the rate quoted and hereby bind myself/ourselves to execute the work as per the scope stipulated in the Tender Documents.

I/We have read the conditions of N.I.T. and the Tender document attached hereto and agree to abide

by these conditions. I/We undertake that, if my/our bid is accepted, I/we shall execute the work in accordance with terms

& conditions stipulated in the tender documents. If my/our bid is accepted, I/we shall submit the securities as per the conditions mentioned in the contract.

I/We agree to abide by this bid for a period of 180 days from the bid due date and it shall remain

binding upon me/us and may be accepted at any time before the expiry of that period. Until a formal agreement is prepared and executed, this bid together with your written acceptance

thereof in your notification of award along with the LoA issued by OMECL shall constitute a binding contract between us.

Bid submitted by me/us is properly prepared and sealed so as to prevent any subsequent addition,

alteration or replacement.

Dated: This ………… Day of ………………… (the month and year) Signature of Authorized Signatory ………………………………………. In capacity of ………………………………………………………………… Duly authorized to sign the bid for and on behalf of …………………… Name of Bidder/ Bidding Firm : Address : Telephone No. : E-mail address : Website : Status of Bidder : Ltd. Companies/ Partnership Firm/ Limited Liability Partnership/ Proprietorship firm

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3 SCOPE OF WORK:

Odisha Mineral Exploration Corporation Limited, Bhubaneswar, invites sealed tenders under two-bid

system from interested/ reputed travel agencies for providing Air conditioned (AC) vehicles of different

types as detailed below for use on both “Monthly Basis” & “As and When Required Basis” at its Head

Office at Bhubaneswar and other areas as required for a period of 05 years, on year to year renewal

basis .

TABLE-I

Sl. No.

Basis of engagement

Type of vehicle Condition of the vehicle

Mode of utilization

Tentative requirement

1 Monthly Hire Basis

Category I Swift Dzire (AC) or *equivalent. *Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

i. Must have been purchased on or after 01.02.2020

ii. Must be in perfect running condition.

i. To be utilized for a minimum of 12 hrs. daily

ii. Vehicle shall be utilized for both local & outside travel (inclusive of travel to other States)

iii. Monthly two* off-days.

*Note: Any two Sunday in a month as per

OMECL’s approval

4 nos.

Category II Toyota Innova (AC)

i. Must have been purchased on or after 01.02.2020 Must be in perfect running condition.

i. To be utilized for a minimum of 12 hrs. daily

ii. Vehicle shall be utilized for both local & outside travel (inclusive of travel to other States)

iii. Monthly two* off-days.

*Note: Any two Sunday in a month as per

OMECL’s approval

2 nos

2 As and When Required Basis

Category I Swift Dzire (AC) or *equivalent.

*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

Category II Toyota Innova (AC)

Category III Mahindra Scorpio (AC)

Category IV Mahindra Bolero (AC)

i. Must have been purchased on or after 01.02.2020

ii. Must be in perfect running condition.

To be utilized for both local & outside travel (inclusive of travel to other States)

Selected bidder to provide vehicles as and when requisitioned by OMECL. Requirement is frequent.

However, OMECL reserves the right to distribute the work among maximum two number of participating

bidders, agreeing to provide vehicles at the L1 price in the ratio 70:30 (70- Original L1, 30- Original L2) as

applicable.

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OMECL may ask to provide additional vehicle for “Monthly hire basis” apart from the number of vehicles

mentioned in Table-I. Selected bidders have to provide the additional vehicles (up to 100% increase on

number of vehicles in Table-I) at same rate as quoted in the price bid. Additional vehicles, within increase

of 100% , to be provided by the bidders shall be distributed in same fixed ratio of 70:30 (L1:L2).

For requirement beyond 100 %, rate at which vehicle would be provided should be negotiated with the

Original L1 bidder. These additional vehicles to be provided by the bidders shall be also distributed in same

fixed ratio of 70:30 (L1:L2). Negotiated rate would be applicable to all the vehicles to be provided by the

bidders. Negotiation shall take place before issue of the Letter of Award by OMECL.

In case, any one of the bidders expresses inability to provide vehicle requirement within/beyond increase

of 100 %, OMECL at its sole discretion may decide to reallocate the number of vehicles among the bidders.

Contract may also be terminated in case both the bidders express their inability to provide additional

vehicles within/beyond increase of 100 %. In such case, bidder shall inform OMECL in writing about their

inability to provide vehicle as per OMECL’s requirement.

Note: Original L1, L2 bidders are the technically qualified bidders who had submitted the lowest price bid

and second lowest bid respectively.

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4 BIDDER’S ELIGIBILITY CRITERIA: Bidders intending to participate must fulfill the following eligibility criteria

# Criteria Required Documents

1. Bidder shall be any one of the following: i A company within the meaning of

Companies Act, 1956 or 2013 or ii Partnership firm registered under the

registered Partnership Act 1932 or iii A Limited Liability Partnership under

Limited Liability Partnership Act of India, 2008

iv Proprietorship firm

The bidder should submit Certificates of Incorporation, Memorandum of Association and Articles of Association, Partnership deed, Registration Certificates, ownership proof and other documents as applicable.

2. The bidder shall be a Travel Agency having minimum 12 no. of passenger cars/SUVs with Taxi Permit under its control.

Documents in support of possession of minimum 12 (twelve) nos. of Passenger cars/SUVs with Taxi Permit is mandatory for Qualification. The list of Vehicles with Make, Model, Registration No. and authenticated photocopy of RC Book and other documents as applicable are to be enclosed by the bidder while submitting its bid. Besides in case the bidder has entered into an agreement with any vehicle owner to use its vehicle, then the copies of such agreements between the Owner(s) of the vehicles and the bidder agency shall be furnished by the bidder while submitting its bid.

3. The bidder must have experience of supplying vehicles to Govt. Organization/PSU/ Large private bodies ( A company within the meaning of Companies Act, 1956/2013 or Partnership firm registered under the registered Partnership Act 1932 or A Limited Liability Partnership under Limited Liability Partnership Act of India, 2008) in last 3 financial years (FY 2017-18 to 2019-20).

The bidder shall submit the proof certified by the client to the effect that it has the experience of supplying vehicles to Govt. Organization/PSU/ large private bodies ( A company within the meaning of Companies Act, 1956/2013 or Partnership firm registered under the registered Partnership Act 1932 or A Limited Liability Partnership under Limited Liability Partnership Act of India, 2008) in last 3 financial years (FY 2017-18 to 2019-20).

4. Must have a minimum Annual Turnover of Rupees One Crore during any one of the last three financial years (FY 2017-18 to 2019-20).

The copy of Audited Balance Sheet and Profit Loss Account in support of Bidder’s minimum Annual Turnover of Rs.1 Crore (Rupees One Crore) only during any one of the last three years (FY 2017-18 to 2019-20). In case the audited Balance Sheet & Profit Loss Account is not available, for the year 2019-20, the provisional Balance Sheet & Profit Loss Account certified by statutory auditor may be submitted

5. The Bidder should have valid PAN and GSTIN registration.

• Copy of PAN

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• Copy of GST registration certificate – REG 06.

6. The bidder must have submitted Income Tax Return for last three years i.e. FY 2017-18 to 2019-20

Authenticated copy of Income Tax Return for last 03 (three) years (FY 2017-18 to 2019-20) to be attached.

7. The Bidder should not have been banned/blacklisted by OMECL or any government agency or any PSU as on the date of submission of Bid

Declaration to this effect, as per the format given in Annexure VI

8. A power of attorney with due authorization in the name of the person signing the bid and Board resolution.

Original Power of Attorney Copy as per the format in Annexure VIII and Board Resolution

9. Tender Paper Fee Account payee Demand Draft drawn on any Scheduled or Nationalized Bank in favour of “Odisha Mineral Exploration Corporation Limited” payable at Bhubaneswar towards cost of tender document (Non-refundable) as per Clause No.5 (c).

10. Earnest Money Deposit (Bid Security)

Account payee Demand Draft drawn on any Scheduled Bank having branch at Bhubaneswar, in favour of “Odisha Mineral Exploration Corporation Limited”. payable at Bhubaneswar, towards Earnest Money Deposit (EMD) as at Clause No.5(d).

11. Bidder must submit their bank details Bank details along with a cancelled Cheque.

Note: Consortium Bids are not acceptable.

5 SUBMISSION OF BID: (a) The entire tender document is available in the OMECL’s website i.e. http://www.omecl.in.

The Bidder shall download the “Bid Document” and submit the same duly signed on each page.

The Bidder shall carefully check the specification and shall satisfy itself regarding completeness of the

document.

Bids received after due date and due time shall not be considered and liable for rejection.

(b) The bidder shall submit its bid in two parts in separate sealed cover: Part-I: Cost of Tender Document & EMD/Bid Security, Eligibility Documents, Technical Part &

Commercial Part and any other relevant document Part-II: Price Bid

Part-I of the Bid submitted shall contain the followings:

i) Downloaded tender document (unpriced) signed at each page

ii) DD towards Cost of the bidding document as at Clause No. 5 (c).

iii) DD towards EMD Clause No. 5 (d).

iv) Techno Commercial Bid format completely filled in, as at Annexure-II.

v) Self-attested copy of documents as at Clause No. 4 above.

vi) Filled in Tender Compliance Sheet, as at Annexure-IV.

vii) Declaration by the Bidder - Annexure VI

viii) Power of attorney as per Annexure VIII

ix) Board resolution, if applicable

x) Any other relevant document as mentioned in this RfP

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These documents will be placed inside an envelope & sealed. Bidders shall clearly super scribe on the envelope the following information:

Part-I: Techno-Commercial Offer

NIT No.: 01/OMECL/2021

Due date & time: 23.06.2021.

From: Name & Address of the Bidder

Similarly, the Price Bid will be submitted as per the price bid format at Annexure-I. Bidders shall clearly super scribe on the envelope the following information:

Part-II: Price Bid

NIT No.: 01/OMECL/2021

Due date & time of opening: To be intimated

From: Name & Address of the Bidder

Both the envelopes will be placed inside the third envelope, which will be sealed and super scribed with the following information:

Tender document for hiring of vehicles through agencies for OMECL for a period of 05 years NIT No.: 01/OMECL/2021

Name, Address of the bidder and of the addressee

This will be submitted to the office of the following so as to reach his office on or before 23.06.2021

by 5.00 PM.

Director (Geology)

Odisha Mineral Exploration Corporation Limited

3rd floor, Boyan Bhawan, Unit-3,

Pandit Jawaharlal Nehru Marg,

Bhubaneswar, 751001, Odisha

(c) Cost of Tender Paper: The Tenderer has to submit an Account Payee Demand Draft drawn on any

Nationalized/ Scheduled Bank in favour of “Odisha Mineral Exploration Corporation Limited” , payable

at Bhubaneswar for Rs.5,900/- (Rupees Five Thousand Nine Hundred) only inclusive of GST towards

cost of the tender documents( Non-refundable) along with Techno Commercial Bid.

The Bidders, who are exempted to deposit Tender Paper Fee due to any exemption granted by the

Government of Odisha, are required to attach scanned copy of relevant documents evidencing such

exemption granted, along with the Techno-commercial Bid document. The Bidders, who does not

submit Tender Paper Fee claiming exemption but does not submit relevant document, is ineligible for

bidding and such bid shall be summarily rejected.

(d) Earnest Money Deposit (EMD):

i) The bidder shall deposit Rs.50,000/- (Rupees Fifty Thousand) only by way of an Account Payee

Demand Draft drawn on any Nationalized/ Scheduled Bank in favour of the “Odisha Mineral

Exploration Corporation Limited”, payable at Bhubaneswar towards EMD against this work. The

bidder shall not be permitted to withdraw his offer or modify the terms & conditions thereof. In case,

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the bidder fails to observe and comply with the stipulations made herein or backs out after quoting

the rates, the EMD will be forfeited. No interest shall be paid on the amount of EMD, deposited

against this tender.

The Bidders, who are exempted to deposit EMD amount due to any exemption granted by the

Government of Odisha, are required to attach scanned copy of relevant documents evidencing such

exemption granted, along with the Techno-commercial Bid document. The Bidders, who does not

submit EMD amount claiming exemption but does not submit relevant document, is ineligible for

bidding and his bid shall be summarily rejected.

ii) Return of EMD: The EMD along with the unopened price bid of the technically disqualified bidders

will be returned within a month after evaluation of Techno-commercial Bid. However, the EMD of the

bidder/bidders found successful will be returned after submission of Performance Security along with

the bidder’s acceptance of the LoA. But the EMD of those unsuccessful bidders will be returned

within a month after signing of the agreement with the successful bidder/bidders.

iii) Forfeiture of EMD: The EMD shall be forfeited under the following circumstances:

1. If a bidder withdraws his bid during the period of bid validity

2. If the successful bidder fails to sign the Agreement

3. If the successful bidder fails to provide the vehicle within the stipulated days of award of LoA.

(e) All correspondences with regards to this tender enquiry shall be made at the following

address:

Director (Geology)

Odisha Mineral Exploration Corporation Limited

3rd floor, Boyan Bhawan, Unit-3,

Pandit Jawaharlal Nehru Marg,

Bhubaneswar, 751001, Odisha

E-mail: omecloffice@gmail.com

Telephone No.: 0674-2399914

(f) Pre-bid meeting

Applicants may seek clarification on this Tender document. Any request for clarification must be

sent to omecloffice@gmail.com in below format.

S.no Page No Clause No/Point

No

Original clause as

per tender document

Bidder’s query

A pre-bid meeting shall be organized by OMECL; the date and time of the pre-bid meeting is indicated

in the Data sheet. Queries received after the last date for sending queries may not be considered by

OMECL. The responses to the queries received shall be published by OMECL on its website.

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Bidders wishing to attend the pre-bid meeting should inform OMECL by email (Refer Data Sheet),

along with the names and email ids of the officials/ representatives of the Bidder who would be

attending the meeting, at least 1 (one) working days before the pre-bid meeting.

However, attendance of the Bidders at the pre-bid meeting is not mandatory. A maximum of two

officials/ representatives from each bidder will be allowed to attend the pre-bid meeting. All costs of

the Bidder related to attending the pre-bid meeting shall be borne by the Bidder.

The participating Bidder shall be deemed to have full knowledge of the role and responsibilities of the

work, whether it attended pre-bid or not.

6 OPENING OF BIDS:

On the tender opening date Part-I (Techno-commercial Bid) shall be opened first. The offer received

without EMD/ Bid Security shall be rejected.

Bidders are expected to submit all necessary documents in support of fulfillment of Eligibility Criteria

as per Clause No. 4. However, in case any further document is found necessary for proper

assessment, the Bidder shall have to furnish the same within stipulated time from the date of intimation,

failing which the Bid will be considered as non-responsive & in-eligible and their offer will not be

processed any further.

The bids will be opened in presence of the bidders or their authorized representatives, who choose to

attend, on the date and time specified in Tender Documents or any other date which will be

communicated by OMECL sufficiently ahead of opening of the bids. In case the bidder opts to depute

its authorized representative, then the bidder has to issue authorization certificate as per the format at

Annexure-III to enable its authorized representative to participate in the bid opening process.

Attendance in Bid Opening is not Mandatory.

The Price Bid of those bidders qualifying in the Techno-Commercial evaluation process shall be

opened on a later date upon prior intimation to such qualified bidders.

7 EVALUATION OF TECHNO COMMERCIAL BID:

7.1 The OMECL shall evaluate the Techno-commercial Bids to determine whether they are complete, and

no computational errors have been made. The OMECL shall also determine whether required

documents have been furnished and the documents have been properly signed.

7.2 The OMECL may waive any minor infirmity or non-conformity or irregularity in a bid which does not

constitute a material deviation.

Material deviations in the bids received shall include, inter alia, the following:

i. The Techno commercial Bid or any accompanying document or Price Bid submitted by the

Bidder is not in accordance with the formats given in this tender document.

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ii. The Techno commercial Bid is not accompanied by all the documents required to be submitted

in terms of this tender document as per Clause 5 (b)

iii. The Techno commercial Bid included details of costs of the services

iv. The Tender Fee and EMD is not received by the Authority.

v. It does not contain all the information (complete in all respects) as requested in this tender document (in accordance with the formats provided in this tender document).

vi. The Techno commercial Bid is not accompanied by documentary evidence of the credentials of the Bidder(s).

vii. The Techno commercial Bid or Price Bid submitted by the Bidder is conditional or qualified.

viii. The bid submitted by the Bidder is not valid for the minimum bid validity period.

ix. It is otherwise substantially/materially in deviation of the terms and conditions of the tender document.

7.3 The Techno-commercial Bids will be evaluated in respect to their substantive responsiveness or

otherwise. Thereafter, OMECL shall open the Price bids of only those bidders whose Techno-

commercial Bids are found to be qualifying in the evaluation.

7.4 The Techno-commercial Bids shall be evaluated strictly on the basis of the eligibility conditions of the

tender document. If any bid does not conform to any of the eligibility conditions, that will be summarily

rejected.

7.5 The bids, which are found responsive, shall be considered for opening of the Price Bids.

7.6 No post bid clarifications shall be entertained.

7.7 OMECL reserves all right to accept/reject any bid at any stage of tender process without

assigning any reason thereof.

8 EVALUATION OF PRICE BID:

(a) The bidder has to quote its rate as per the price bid format as at Annexure- I of this document. The

following procedure shall be followed by OMECL for evaluation of the bids found techno-

commercially acceptable:

STEP-1: CONSIDERATION OF WEIGHTAGE ON TYPE OF VEHICLE:

(I) WEIGHTAGE FOR “MONTHLY BASIS”

Sl. No.

Name of the vehicle

Rate quoted by the bidder

(monthly hire charge)

Applicable weightage

1 Category I R1 0.70

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Swift Dzire (AC) or *equivalent.

*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

2 Category II Toyota Innova (AC)

(II) WEIGHTAGE FOR “AS & WHEN REQUIRED BASIS

Sl. No.

Segment of vehicle

Name of the vehicle

Rate quoted by the bidder

(per KM hire charge)

Applicable weightage

1

Category I

Swift Dzire (AC) or *equivalent.

*Equivalent- Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

R2 0.30

2 Category II Toyota Innova (AC) R3

3 Category III Mahindra Scorpio (AC) R4

4 Category IV Mahindra Bolero (AC) R5

STEP-2: FINANCIAL BID EVALUATION:

(I) EVALUATION FORMULA TO FIND L1, L2, L3:

Overall Evaluation point= R1*0.70+ 50*0.7*0.3*(R2+R3+R4+R5)

360

Where, R1, R2, R3, R4, R5 are as indicated in the above table.

(II) Decision Rule: Lowest evaluation Point among the bidders will be the L1 bidder and the second

lowest point will be the L2 bidder and so on.

(III) In case of a tie between two or more bidders, preference will be given to the bidder having highest

annual turnover in any one year during last three years (FY 2017-18 to 2019-20).

9 NEGOTIATION:

OMECL reserves the right to negotiate with the L1 bidder. The bidder is to produce all the Original

Documents of the vehicle for verification by the designated official of OMECL.

10 COMMUNICATION OF ACCEPTANCE: The successful bidder/bidders will be informed of the acceptance of his tender by way of “LoA” (Letter

of Award). The Successful Bidder shall have to acknowledge and accept the “LoA” by returning a

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signed copy of the “LoA” within a period of 7 (seven) days of issue thereof, along with submission of

the Performance Security.

If after award of the “LoA”, the service provider does not acknowledge the receipt of award or fails to

furnish the Performance Security within the prescribed time limit (as the case maybe), the OMECL

reserves the right to cancel the “LoA” and forfeit the EMD.

The selected bidder/ bidders will have to provide the vehicles from the date intimated through

the LoA issued by OMECL.

11 SIGNING OF AGREEMENT:

After acceptance of LoA by the Agency and on submission of Performance Security an Agreement

will be signed with the successful bidder/bidders on the non- judicial stamp paper valued Rs.100

(Rupees One Hundred).The invoices of the selected agencies will not be processed unless the

agency/ agencies sign the agreement with OMECL.

While signing the agreement, the selected bidder/bidders will have to submit an Affidavit to take full

responsibility and fulfillment of all statutory matters as per the format at Annexure-V of this document.

12 PERIOD OF CONTRACT:

The period of contract shall be for a period of 05 years from the commencement of the Contract which

shall be communicated by OMECL to the successful bidder/bidders in the LoA. Initially the Contract

shall be awarded for one year which shall be renewed for successive years- i.e. the 2nd ,3rd ,4th and

5th year based on the satisfactory performance of the selected bidder/bidders and at the sole

discretion of OMECL.

13 TERMINATION OF CONTRACT:

If the service provider fails to fulfil the terms and conditions of the Service Order / Agreement which

are spelt out in the Tender Document, OMECL shall have the right to terminate the Service Order /

Agreement and award the total or balance work (if any) to any other service provider at the risk and

cost of the said service provider after giving 30 days’ notice to the service provider as to why the said

work shall not be awarded to another entity at his risk and cost. Further the Service Order/Agreement

could be terminated if

13.1 In case of any default by the successful bidder/bidders with regard to any of the terms and

conditions of the agreement, OMECL may without prejudice to any other right or remedy which

shall have occurred or shall occur thereafter, terminate the contract, in whole or in part by giving

30 days’ notice in writing to the Agency.

13.2 There is a force-majeure situation,

13.3 Service provider has given false declaration or document including affidavit,

13.4 There is conflict of interest between OMECL & service provider during the Service Order /

Agreement execution,

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13.5 The service provider defaults in proceeding with the work and/or in complying with any of the terms

and conditions, stipulated in the Service Order / Agreement,

13.6 The service provider or firm or any of the partner represented by the service provider, in the subject

Service Order / Agreement is adjudged as Insolvent by the concerned authority and further if the

Service Provider has been wound up and dissolved,

13.7 The service provider assigns/transfers/sub-lets the entire work or a portion thereof without the

approval of the Competent Authority,

13.8 The service provider offers to give or agrees to give gift or any other consideration tangible or

intangible, as inducement or reward for seeking or offering benefits in the Service Order /

Agreement as the case may be,

13.9 A court order or an order of a competent statutory forum is received in respect of the Service under

consideration of the Service Order / Agreement.

13.10 Agency is an individual or a proprietary concern and the individual or the proprietor dies

13.11 All instructions, notices and communications etc. under the contract issued in writing and sent to

the last known place of business, shall be deemed to be have been delivered to the Agency even

in ordinary post. Notwithstanding anything contained herein OMECL also reserves the right to

Terminate the contract at any time or stage during the period of contract, by giving 30 days’ notice

in writing without assigning any reason and without incurring any financial liability whatsoever to

the selected bidder/bidders and in such case the Performance Security deposited shall be returned

to the selected bidder/bidders.

13.12 In case the selected bidder/bidders withdraw during the first year of the contract period, the

Performance Security shall be forfeited & it shall not be allowed to participate in any tender for the

next three years. However, if the agency withdraws from the contract within any time during the

next four years of the contract period, penalty by way of forfeiture of Performance Security Deposit

shall be imposed.

13.13 In case the selected bidder/bidders intend to withdraw the services of his vehicle and terminate the

agreement, it shall be mandatory upon him to grant one-month notice such withdraw of service and

termination of agreement.

Termination of the agreement shall not relieve the service provider of any obligations which

expressly or by necessary implication survives termination. Except as otherwise provided in any

provisions of the agreement expressly limiting the liability of the service provider, shall not relieve

the service provider of any obligations or liability for loss or damage to OMECL arising out of or

caused by acts or omissions of the service provider prior to the effective date of termination or arising

out of such termination. Even if Service Order / Agreement is terminated/abandoned prematurely,

OMECL reserves the right to deduct/impose penalties and shall remain indemnified, till such time all

or any such claims are suitably addressed. OMECL reserves the right to appropriate the

Performance Security, as a genuine pre-estimated damage suffered by OMECL for the non-

performance by the service provider. OMECL may also impose further penalties on the service

provider such as holidaying/banning/blacklisting for a specific period of time. In all such cases, the

decision of OMECL shall be final.

14 PERFORMANCE SECURITY:

(i) The amount of the Performance Security is INR 3,00,000/- (Rupees Three Lakhs Only including

GST) as indicated in the Data Sheet. The Selected Bidder shall submit the Performance Security

at Head Office, OMECL upon issue of LoA within a period of 7 (seven) days. Performance

16

Security shall be in the form of a Bank Guarantee(BG) from any Nationalised/ Scheduled Bank

invocable at their branch in Bhubaneswar as per the format given in Annexure VII. Performance

Security in the form of BG should be operable for invocation at any Nationalized/ Scheduled bank

at Bhubaneswar.

(ii) The Performance Security shall remain valid for 15 (fifteen) months for each contractual year

from the start of each year. The performance security shall be recalculated for the subsequent

contract years. The revised Performance Security amount shall be the maximum of

a. 10 % x {Annual approved invoice amount (excluding taxes) of the Service Provider in

the previous contractual year};

b. INR 3,00,000 (Rupees Three Lakh only)

(iii) the service provider shall then provide the Performance Security of the revised amount within 15

(fifteen) days of the start of the relevant contract year. Upon submission of the Performance

Security of the revised amount and acceptance of the same by OMECL, the previous

Performance Security shall be returned.

(iv) The Final Performance Security shall be released after a period of 3 (months) post completion of

the contract period, as evidenced by issue of completion certificate by OMECL designated officer.

Also, the service provider shall submit a No-claim Certificate to OMECL stating that the service

provider shall have no other claim against the Agreement, other than the Performance Security.

(v) In case of bidders who have availed exemption to pay EMD under Clause No.5(d), if selected, they

will also have to deposit required Performance Security.

(vi) The Performance Security can be forfeited by the OMECL in the event of any breach or negligence

or non-observance of any Terms/conditions of contract or for unsatisfactory performance.

15 GENERAL CONDITIONS FOR HIRING AND RUNNING & MAINTENANCE OF

VEHICLE ENGAGED:

15.1 For vehicles provided on “Fixed Monthly Charge Basis”, the vehicles are required to be in service/

operation for a minimum of 12 hours daily. The vehicles will be utilized as per the time schedule

and instructions of Authorized representative of OMECL. The vehicles will be kept in good running

conditions at all times by the selected bidder/bidders. Procurement of fuel, lubricants spares etc.

will be arranged by the selected bidder/bidders at its own cost. Fuel expense reimbursement as

applicable will be done by OMECL. Maintenance, repair, frequent checkup, servicing, overhauling,

payment of wages to driver etc. will be the responsibility of the selected bidder/bidders. The

selected bidder/bidders must submit authenticated photocopies of documents such as RC Book,

Insurance Certificate, Taxi Permit, Name, Contact Number, & Driving License of the driver deployed

etc. in respect of the vehicles to be provided to OMECL on monthly hiring basis.

15.2 Normal maintenance kit, first-aid box, one torch light and one umbrella shall be always made

available with the vehicle by the selected bidder/bidders at their own cost. The selected

bidder/bidder shall ensure proper functioning of speedometer of the vehicles deployed for correct

17

recording of KM run during OMECL duty. Any deviation/ tampering of meter reported will be viewed

seriously and OMECL will take penal action as deemed fit.

15.3 The selected bidder/bidders have to make his own arrangement to procure fuel, spare parts and

repairs etc. In case the vehicle is sent to Garage or Petrol Pump, the selected bidder/bidders cannot

claim for the mileage covered and time consumed for the purpose.

15.4 Payment under schedule of rates is applicable only after reporting of the vehicle at Head Office of

the OMECL, Bhubaneswar or any specified place.

15.5 The vehicle must possess valid original RC Book, Insurance certificate, Pollution Certificate, Road

Permit, Taxi Permit and Driving License as required under law and other documents as applicable.

On demand for verification by OMECL Officials, the driver shall produce these documents.

15.6 The Contractor/ Travel Agency will not refuse to send the vehicle to any place as directed by the

authorized representative of OMECL. Defaults in this regard shall be recorded and intimated.

15.7 The selected bidder/bidders shall be responsible for proper behavior of all the persons employed

by it/them. Without prejudice to the generality of above, the selected bidder/bidders shall be bound

to prohibit and prevent any employee from being intoxicated while on duty, trespassing or acting in

any way detrimental or prejudicial to the interest of the Corporation.

15.8 The selected bidder/bidders shall designate one/two responsible persons with landline phone No.

and active Mobile No. and E-mail ID, who shall be contacted by the authorized representative of

OMECL, regarding deployment of vehicle on a day to day basis.

15.9 The selected bidder/bidders will comply with all statutory provisions of law and keep the OMECL

indemnified against all actions arising due to or act of the contractor/ his employees.

15.10 All taxes and insurances presently in force or to be levied in future during the contractual period in

respect of the vehicles shall have to be entirely borne by the selected bidder/bidders. Proof of

having paid all taxes, insurances etc. shall be furnished on demand.

15.11 The selected bidder/bidders shall have valid permit as per statutory provisions. All such vehicles

which are required to go to outside the State, the selected bidder/bidders must prepare the valid

permit for the vehicle in advance and such expenditure on this account will be borne by the selected

bidder/bidders and the same will not be reimbursed by OMECL.

15.12 The selected bidder/bidders shall comply with all relevant Rules and regulations of Motor Vehicle

Act, and other laws as applicable at present and may be enforced from time to time. The selected

bidder/bidders will abide by all Statutory Law & Rules applicable in this Contract.

15.13 Drivers driving the vehicles must have valid professional Driving License/ Badge as provided under

the Motor Vehicle Act.

15.14 During the contractual period if the vehicle is seized or detained or requisitioned by the Government

Authorities for non-compliance of relevant Acts/ Statutory requirements etc. or for any reason

18

whatsoever, the selected bidder/bidders has to provide a substitute vehicle immediately, failing

which, penalty/ compensation as determined vide Clause No.16 will be applicable, besides the

liability to provide for alternative vehicles without any loss of time.

15.15 The vehicles shall be equipped with seat belts both on front and back seats.

15.16 The speed of driving shall be within the limit indicated at various sections of the road/ highway. The

driver shall comply with the requests from the officer/ passenger travelling in the car to reduce the

speed, if exceeding the limits.

15.17 The selected bidder/bidders shall furnish safe pick up at the designated places by providing

sufficient proof of identify to ensure the right person is met.

15.18 All drivers will be in uniform with shoes. Pattern of the uniform and shoes will be decided by the

selected bidder/bidders.

15.19 In case, it is observed that some Bidders have joined hands to form a cartel, those bidders will be

disqualified and blacklisted.

15.20 To cater to the timely requirement, OMECL shall assign the job, to more than one bidder, but limited

to 2 bidders provided they agree to the L1 rate. However, the work will be distributed among the

vendors as per the discretion of the management keeping the interest of the Original L-1 bidder in

mind in the ratio as mentioned in the scope of work. In case two or more agencies are not available

during the tender process, OMECL management has the discretion to allot the work to the single

bidder.

15.21 The selected bidder/bidders shall assign the job of driving of the hired vehicle only to qualified and

expert licensed drivers and also assumes full responsibility for the safety and security while driving.

Any direct or indirect liability arising out of negligent, rash and impetuous driving and any loss

caused to the property of OMECL have to be suitably compensated by the Agency. OMECL shall

not bear any tortuous liability, vicarious or otherwise for want of any reasonable case or caution on

the part of the drivers in the act of driving or use for illegal purpose of the vehicle engaged/supplied

to OMECL.

15.22 Besides others, the selected bidder/bidders of the Vehicle shall be liable for the followings. (i)

Damage caused due to any accident of the vehicle (ii) Payment for any legal action/Court Cases

of compensation payable arising out of any act of the vehicle. (iii) Payment of taxes/surcharges

levied by Central/State Govt. (iv) compensation to their employees in case of accident as per

Workman’s Compensation Act and other law as applicable.

15.23 The selected bidder/bidders shall pay the wages not less than the Minimum Wage of the respective

drivers/workers engaged for the purpose corresponding to the nature of work.

15.24 The selected bidder/bidders shall be fully responsible to comply with all his statutory obligations as

employer including all contributions under P.F. and Pension Scheme (EPF) etc. under the

Employees’ Provident Fund and Misc. Provision Act, 1952, Employees’ Deposit Linked Insurance

(EDLI), Employees’ State Insurance Act, 1948, etc. and all other such obligations/liabilities in

19

respect of their labour engaged by them for the job undertaken under the contract as per applicable

statutory provisions/ law and Government Notifications, and will take full liability on this account.

OMECL will not take any financial liability on this account. The selected bidder shall have to submit

an affidavit to this effect as per the format at Annexure-V, while signing the agreement.

15.25 The selected bidder/bidders shall be responsible to make payment of Retrenchment

Compensation/bonus to their drivers/workers as per statute.

15.26 In case of emergency, the driver will have to report for duty as per the requirement of hirer including

on holidays. No extra payment shall be demanded for the same.

15.27 Monthly hire charges and reimbursements towards cost of fuel (as per actual) of selected

bidder/bidders will be made in every succeeding month, as far as possible within 30 (Thirty) days

of the submission of bills by the selected bidder/bidders and no advance payment will be made.

15.28 The vehicle must have been purchased on or after 01.02.2020 and also in good running condition

during the period of contract.

15.29 If the services are found to be unsatisfactory the OMECL shall give one-month notice and terminate

the agreement.

16 COMPENSATION & PENALTY: 16.1 For vehicles to be provided on fixed monthly charges basis, the vehicle shall remain in service for

a minimum of 12 hours duty per day. In case of non-reporting of the vehicles, the selected

bidder/bidders shall provide replacement by an equally good vehicle immediately, failing which

OMECL will treat the vehicle not-on-job for the aforesaid period and will deduct twice the rate per

day for the absent period without prejudice to any other rights under the contract including

termination and consequences. In such a case, OMECL reserves the right to get the vehicle

through other agencies.

16.2 For vehicles to be provided on “As and When Required Basis”, if the selected bidder/bidders fails

to provide the vehicles as enumerated in the Agreement/ Order, OMECL reserves the right to get

the vehicle through other agencies laying a penalty of Rs.1000/- for non-supply/ refusal to

supply of vehicle per occasion.

16.3 If the selected bidder/bidders fails to provide vehicles(s) on at least 04 (four) number of occasions

per year, then OMECL has the discretion to reduce its share of business and allot the same share

to Agency/Agencies whose performance is better or may be distributed between the other parties

.

16.4 The Corporation reserves the right to terminate the contract, if the selected bidder/bidders fail to

provide vehicles on more than 10 (ten) number of occasions per year of contract. In such cases,

the Performance Security of the concerned bidder will be forfeited besides imposition of penalty as

per Clause No.16.1 & 16.2 above.

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17 MAINTENANCE OF LOGBOOK FOR VEHICLES TO BE PROVIDED ON FIXED

MONTHLY HIRE BASIS:

17.1 The Logbook of the respective vehicle shall be maintained on day-to-day basis by the selected

bidder/bidders to record details of use of vehicle(s) & KM run. At end of the day the concerned

official availing the service/ Authorized representative of OMECL shall sign the logbook

authenticating the journey & KM recorded in the logbook. For this the logbook of a month will be

kept in the vehicle. The KM run for OMECL duty (as per logbook) of a month will be the basis for

claiming reimbursement of cost of diesel. The selected bidder/bidders shall submit relevant

logbooks within the first week of following month for verification & records. The selected

bidder/bidders can keep a duplicate copy of logbook for his record. Authorized representative of

OMECL may verify the logbook of a vehicle at any time during duty.

17.2 The selected bidder/bidders shall ensure perfect functioning of speedometer in all vehicles. It/they

shall arrange to repair/ replace the speedometer within 24 hours without any failure. In case the

speedometer of the vehicle does not function for a specific period, the distance covered by the

vehicle for any purpose shall be assessed by the Authorized representative of OMECL whose

decision shall be final and binding.

18 PROCEDURE AND MAINTENANCE OF RECORD FOR VEHICLES HIRED ON

“AS AND WHEN REQUIRED BASIS”:

All the vehicles hired on “As and When Required Basis” will report for duty to concerned officials as

directed by Authorized representative of OMECL timely as per duty requirement. The starting time &

initial KM recording duly recorded in the duty slip shall be produced by the driver at the time of

reporting for verification to the user official. Similarly, after completion of journey/ return from duty,

the driver will produce the duty slip to the user official for recording the final KM reading and duration

(in hour and date) of the journey performed and certifying the mileage and duration of the journey

performed. The Agency will produce the duty slips of the journey made during a week in the

succeeding week to the HO official nominated for this purpose for necessary checking. Thereafter he

will countersign the duty slip and return it to the Agency for billing purpose.

19 PAYMENT OF BILLS:

19.1 For the vehicles to be provided on “As and When Required Basis”, the bill for the duty made in a

month shall be submitted by the 7th of the succeeding month by the Agency to Authorized

representative of OMECL. Bill shall be prepared/ raised as per GST Acts & Rules at the approved

rate based on the time and KM of each journey as per duty slip. The countersigned duty slip shall

be enclosed with the bills. The Toll Gate charges/ Airport Parking charges and other legitimate

parking charges will be reimbursed by OMECL. The original receipt/proof of payment shall be

enclosed along with the bills.

19.2 For the vehicles provided on “Fixed Monthly Charges Basis”, the bills will be paid once in a month.

The selected bidder/ bidders are required to submit the monthly bills as per GST Acts & Rules

claiming monthly hire charges and cost of diesel at prevailing price for quantity of diesel at

21

contractual rate for the KM run as per the log book of the vehicles during the month with applicable

GST and any other relevant original documents for reimbursement of legitimate parking/ Toll Gate

charges, by the 7th of the succeeding month to Authorized representative of OMECL .

19.3 Payment will be made within 30 days from the date of submission of bills to OMECL by NEFT/

RTGS if those are complete in all respects and are found to be in order and after effecting any

deductions under the contract.

19.4 TDS will be deducted from the bills as per I.T. Rules.

19.5 In case of non-fulfillment of any obligation under the Contract or Law, the Authorized representative

of OMECL reserves the right to withhold payments due, to the selected bidder/bidders.

19.6 The Service provider agrees to and, hereby accepts full and exclusive liability for payment of any

and all taxes, duties, charges and levies as per the Applicable Laws as applicable for the Scope of

Supply in accordance with the provisions of this Service Order / Agreement. In case it is increased

or decreased under any statute, rules, regulations, notifications, etc. of any Authority, the impact

shall be to the account of OMECL subject to submission of documentary evidence to the

satisfaction of OMECL.

19.7 In case any fresh tax is imposed by any Authority under any Applicable Law during the Contract

Period, the Service provider shall deposit the same to the appropriate Authority which shall be

reimbursed by OMECL on actuals and upon submission of documents evidencing such payment.

19.8 Obligations relating to Goods and Services Tax (GST)

i. The service provider should have registration under GST Acts

ii. The service provider has to raise Invoice as required under section 31 of the GST Act and

relevant Rules made there under.

iii. The Invoice should contain the following particulars as required under Rule 46 of CGST

Rules;

a. Name, address and Goods and Services Tax Identification Number of the

Supplier;

b. A consecutive serial number not exceeding sixteen characters, in one or multiple

series, containing alphabets or numerals or special characters- hyphen or dash

and slash symbolized as “-” and “/” respectively, and any combination thereof,

unique for a financial year;

c. Date of its issue;

d. Name, address and Goods and Services Tax Identification Number or Unique

Identity Number, if registered, of the recipient;

e. Harmonized System of Nomenclature code for goods or SAC code for services;

f. Description of goods or services;

g. Quantity in case of goods and unit or Unique Quantity Code thereof;

h. Total value of supply of goods or services or both;

i. Taxable value of the supply of goods or services or both taking into account

discount or abatement, if any;

j. Rate of tax (Central tax, State tax, integrated tax, Union territory tax or Cess);

22

k. Amount of tax charged in respect of taxable goods or services (Central tax, State

tax, integrated tax, Union territory tax or Cess);

l. Place of supply along with the name of the State, in the case of a supply in the

course of Inter-State Trade or Commerce;

m. Address of delivery where the same is different from the place of supply;

n. Whether the tax is payable on reverse charge basis; and

o. Signature or digital signature of the supplier or his authorized representative.

iv. The service provider should file the GST Returns as required in the GST Acts, and details of

Invoice submitted to OMECL and GST amount charged thereon should reflect in Form

GSTR-2A within a reasonable time, so as to make OMECL enable to take Input Tax Credit

(ITC) of the GST amount paid against those Bills.

v. If due to any reason attributable to the service provider, Input credit of the GST amount paid

on Invoices raised by the service provider is not available to OMECL/denied by the dept. then

the same will be recovered from the payments of the service provider or the service provider

has to deposit an equivalent amount.

vi. The service provider has to comply with all the Provisions of GST Acts, Rules and

Notifications issued there under.

vii. The service provider will comply with the "Anti profiteering Measure" as required under

Section 171 of the CGST Act.

viii. The service provider hereby undertakes to indemnify OMECL, from any liabilities arising in

future due to noncompliance by the service provider of the GST Acts, Rules and any other

Acts currently in force and applicable to the service provider in relation to the job assigned to

the service provider by OMECL.

19.9 Direct taxes

TDS as applicable shall be deducted under Income Tax Act,1961 and certificate of deduction shall

be provided by OMECL to the Service provider in accordance with the provisions of Income Tax

Act,1961.

19.10 In case of Public Strike, OMECL shall not be liable to make any payment towards retention charges

for the period of absence nor shall be liable for any other claims.

19.11 OMECL shall be at liberty to reject the vehicles found defective during duty time in which case the

selected bidder/bidders shall be liable for all consequences and penalty.

19.12 One representative of the selected bidder/bidders shall report to the Authorized representative of

OMECL at least once every day for collecting reports and providing vehicles requirement. He

should produce the duplicate copies of the duty slip to the Authorized representative of OMECL on

the following day of the completion of the journey.

19.13 For hiring of vehicles for out station duty, the journey hours will be determined by the actual

kilometer covered divided by fifty KM per hour. Accordingly, the detention hour will be calculated,

after deducting journey hours from the total hours of the vehicles used. Refer Appendix-I for

illustration.

19.14 OMECL will not pay for the distance covered by the vehicle from the office of the selected bidder

to the Head Office of OMECL.

23

19.15 The selected bidder/bidders shall provide vehicles to the OMECL, Bhubaneswar on “As and When

Required Basis” only on getting the written or telephonic requisition from the Authorized Officials of

OMECL.

19.16 The Drivers of the vehicles of the Owner/ Travel Agencies are required to pay the incidental

expenses like Parking charges, Toll tax and Entry fees etc. during their duty period directly and the

same may be claimed for reimbursement along with the bills on production of Original Receipts.

20 ESCALATION/DE-ESCALATION OF CONTRACT PRICE: (a) Vehicles utilized on Fixed Monthly Hiring Basis:

i) Monthly hire charge: There will be no escalation on the charges during the contract period

ii) Reimbursement of cost of fuel by OMECL: As per the prevailing HSD rate at IOCL, Bhubaneswar

and hence the cost will be reimbursed at actual.

(b) Vehicles utilized on “As and When Required Basis”:

For such deployment the escalation/de-escalation of the per KM rate will be made on monthly basis,

basing on the diesel price at IOCL, Bhubaneswar Branch on the 15th day of the corresponding

month as per the following formula:

Escalation amount shall be = P1 – P0 x 30 x Awarded KM rate

P0 100

In case of increase/decrease in fuel price (Diesel) escalation/ de-escalation amount shall be paid/

deducted as follows:

• P0: Base rate of Diesel shall be the market rate as notified by IOC Branch, Bhubaneswar on the

bid due date.

• P1: Rate of Diesel notified by the IOC Branch, Bhubaneswar prevailing on 15th day of that month

21 ADDITION OR DELETION OF SCOPE:

The Scope of the Work/ Services may be altered, in quantum, depending on exigencies of Work.

Accordingly, OMECL will intimate the selected bidder/bidders with a minimum notice period of 7 days.

The selected bidder/bidders shall accordingly provide services as may be required by the Authorized

representative of OMECL.

22 FORCE MAJEURE:

22.1. Force Majeure Event” means any event or circumstances or combination of events or

circumstances which:

A) Are beyond the reasonable control of the Party affected by such event (the Affected Party);

and cannot by exercise of reasonable diligence, reasonable precautions and reasonable

alternative measures (where sufficient time to adopt such precautions or alternative

measures before the occurrence of such event or circumstances is available), be prevented

or caused to be prevented;

24

B) Materially and adversely affects such Party’s performance of its duties or obligations or

enjoyment of its rights under this Service Order / Agreement.

22.2. As soon as practicable and in any case within 7 (seven) days from the date of occurrence of a

Force Majeure Event or the date of knowledge thereof, the Affected Party shall notify the other

Party of the same, setting out the details of the Force Majeure Event.

22.3. If the Affected Party is rendered wholly or partially incapable of performing any of its obligations

under this Service Order / Agreement because of a Force Majeure Event, it shall be excused from

performance of such obligations to the extent it is unable to perform the same on account of such

Force Majeure Event.

22.4. Any delay in or failure of performance by either party to the contract shall not constitute default or

give rise to any claims for damages/ compensation against said party if & to the extent caused by

matters beyond the control of said party including but not limited to, acts of God, general strikes or

other concerned acts of workmen, lockouts, fires, floods, explosions, riots, war (declared on

undeclared), rebellion, sabotage, extra ordinary severe weather and civil commotion.

22.5. If a Force Majeure Event described above, in the reasonable judgment of the Parties, is likely to

continue beyond a period of 6 (six) months or any other period as stipulated in the NIT, the parties

may mutually decide to terminate the Service Order / Agreement or continue the Service Order /

Agreement on mutually agreed revised terms.

23 RIGHT TO RISK PURCHASE: If the Agency fails to fulfill the terms and conditions of the contract, OMECL shall have the right to

procure the services from any other agency for execution/completion of the contract and recover from

the Agency all charges/expenses/losses/damages suffered by OMECL, at the risk and cost of the

Agency after giving 15 days’ notice to the Agency. This will be without prejudice to the rights of OMECL

for any other action including termination.

24 DISPUTE RESOLUTION:

Any dispute, difference or controversy of whatever nature howsoever arising under, or out of, or in

relation, to this tender or the Service Order / Agreement (including its interpretation) between OMECL

and the service provider, and so notified in writing by either party to the other party shall, in the first

instance, be attempted to be resolved amicably and the parties agree to use their best efforts for

resolving all disputes arising under or in respect of this tender promptly, equitably and in good faith. In

the event of any dispute between the parties, it is agreed that a discussion shall be held between the

service provider and OMECL within 7 (seven) days from the date of reference to discuss and attempt

to amicably resolve the dispute. If such meeting does not take place within the 7 (seven) day period

or the dispute is not amicably settled within 15 (fifteen) days of the meeting, the dispute, if referred to,

shall be decided by the Civil Court of competent jurisdiction at Bhubaneswar. There shall be no

arbitration between the Parties. The provisions of Arbitration & Conciliation Act, 1996 as amended

from time to time, shall have no application to the present work.

25

25 JURISDICTION/ GOVERNING LAWS: This Service Order / Agreement shall be construed and interpreted in accordance with and governed

by the laws of State and Central Government in force in India. The Courts at Bhubaneswar shall have

exclusive jurisdiction over all matters arising out of or relating to this Service Order / Agreement.

26 STATUTORY LAWS: All prevailing statutory laws and regulation / acts and rules etc. as applicable to this contract shall be

complied by the agency/ service provider. In case of failure to do so, OMECL may at its discretion

ensure compliance directly on its behalf and recover the expenses including penalties and/or takes

such action as deemed fit at service provider’s risk and at agency/ service provider ‘s cost. The agency/

service provider shall always keep the company indemnified against all dues, claims; payments of

benefits relating to the employees engaged by them and shall reimburse such money as may be

demanded by the company.

26.1. The agency/service provider shall engage manpower according to the statutory provisions

specified in several employment Acts and shall be responsible for compliance with the applicable

laws, amendment rules and regulations & order during the contract period.

26.2. In case the agency/service provider fails to observe and perform and discharge its / his obligation

under the applicable laws, OMECL shall recover from the service provider any cost or expenses

that it may have incurred or suffered on account of failure of the service provider.

26.3. The agency/service provider shall abide by the decision / recommendation / award of the labour

court/ industrial tribunal / wage board or commissions appointed by the appropriate authority and

shall arrange implementation of the decision / recommendation / award from time to time and

maintain such relevant records and registers as are required to be maintained under the Applicable

Laws including such legislation / award / decision and produce them before the OMECL and other

authorities as and when required under any Applicable Laws. The agency/service provider shall be

fully responsible for his workers with regard to terms of employment / non-employment and

condition of service. OMECL will not be held responsible in any manner whatsoever in respect of

the worker engaged by the service provider for carrying out the job in OMECL.

26.4. All the statutory liabilities and obligations should be taken into account while quoting of rate by the

service provider and payment to its workers to be made accordingly.

26.5. There will be no relationship of Employer – Employee between the OMECL and man-power

engaged by the service provider under the contract and no claim of employment will be entertained

or tenable. It shall be the responsibility of service provider to regulate and effect any terms of

employment with the engaged manpower without any liability whatsoever to the OMECL.

Signature of Tenderer

Address:

26

Annexure-I

PRICE BID

We have studied the Terms & Conditions as mentioned in the Tender Schedule. In compliance to such Terms & Conditions, we offer our rate as follows:

PRICE BID PART-1

SCHEDULE OF RATES FOR VEHICLES ON “FIXED MONTHLY CHARGES BASIS”

Sl. No.

Type of Vehicle (A)

Quantity (B)

Monthly Charges per vehicle (12 hours basis)

(C)

Monthly Charges (12 hours basis) (D) = B X C

(in Rupees) (in Words) (in Rupees) (in Words)

1 Category I Swift Dzire (AC) or *equivalent

*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

4

2 Category II Toyota Innova (AC)

2

Total (R1)

Note: 1. Fuel expense reimbursement:

o Payment towards fuel expense reimbursement shall be made on monthly basis. Fuel reimbursement to be made by OMECL as per the daily price of diesel and KM run for the OMECL duty for that day as per below conditions:

2. Logbook maintained by the bidders shall contain start time and end time on day to day basis to

calculate the number of duty hours. This shall be signed by concerned official availing the service for authentication.

3. For the duties beyond 12 hours in a day, additional payment shall be done as below:

Additional payment = Number of additional hours X (Monthly charges per vehicle as quoted by bidder/(Number of days in that month * 12))

S. No Type of Vehicle Rate of Fuel to be supplied

by OMECL for each category of vehicle (Km/Ltr), Diesel

1 Category I

Swift Dzire (AC) or *equivalent.

*Equivalent - Honda Amaze (AC), Hyundai Aura

(AC), Tata Tigor (AC), Ford Aspire (AC)

17

2 Category II

Toyota Innova (AC) 09

27

PRICE BID PART-2

SCHEDULE OF RATES FOR VEHICLES ON

“AS AND WHEN REQUIRED BASIS”

Category of vehicle

Type of vehicle

Rate per KM to be quoted in

rupees

Detention charges (except journey period) (Journey period will be

calculated @ 50KM/hour)

Category I

Swift Dzire (AC) or *equivalent.

*Equivalent - Honda Amaze (AC), Hyundai Aura (AC), Tata Tigor (AC), Ford Aspire (AC)

R2 35

Category II Toyota Innova (AC) R3 40

Category III Mahindra Scorpio (AC) R4 40

Category IV Mahindra Bolero (AC) R5 40

Note: 1. Reimbursement towards fuel expense for vehicle hired on “As and when required basis” will not be

made by OMECL. 2. Refer Appendix-I for Illustration of calculation of detention hours. Note: i. Handwritten and over written Price Bid will be rejected. Only Type Written Price Bid will be accepted.

ii. The rates to be quoted shall be as per the Price Bid Format and it shall include costs/expenses and

statutory taxes excluding Goods and Service Tax. OMECL shall pay Goods and Service Tax as

applicable at prevailing rates on submission of invoices as per rule (46 B) of the Goods and Service

Tax Rule.

iii. Evaluation method to find L-1, L-2, L-3…….. Bidder shall be guided by the formula as stated in Clause

No.8 of tender document.

iv. In case of discrepancy in prices between figure and word, price in words will prevail over price in figure.

Date (Signature of bidder with seal)

28

Annexure-II TECHNO-COMMERCIAL BID FORM

To

Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha

Subject: - Submission of Techno-commercial Bid in respect of Tender for Hiring of ______.

Reference: -___________/OMECL/______________, dated ______________

Sir,

The Techno-commercial Bid contains the following details-

1. Name of the bidder: ________________________________________________

2. Address of Bidder (with Tel. & Mob. No.) : _______________________________

___________________________________________________________________________________

3. Nature of the Ownership: (Proprietorship firm / Partnership firm/ Limited Liability Partnership/ Company)

___________________________________________________________________

4. PAN Number of the bidder: ___________________________________________

5. GST Registration No. __________________________________________

6.EPF Code Number (If available already): _________________________________

7. Whether existing Vehicle already on hire with OMECL or not: YES/NO (Put a tick mark as applicable)

The Details of Vehicles are as below:

8. Quantity & Type of Vehicles proposed to be engaged;

Sl.

No.

Type of

Vehicles

Quantity

proposed for

engagement

Vehicle

Registration No

Make &

Model of

Vehicle

Manufacturing

year & date of

Registration of

the Vehicle

Date of

Purchase

of the

Vehicle

Remarks

(Self-attested photocopy of supporting documents for Sl.No.3, 4, 5 & 6 as well as the RC, Purchase

Invoice of the vehicle, Permit License, Contract Carriage License if applicable to be attached.)

9. Earnest Money Deposit. (Details): ______________________________________

10. Cost of Tender Paper details: _________________________________________

Original tender document signed each page by me (Bidder).

I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters

of the proposed work of the office of OMECL and shall abide by them.

I/We further undertake that the information given in this tender are true and correct in all respect and I/we

hold the responsibility for the same.

Dated at ---------- (Signature of the bidder)

(With seal of the firm)

29

Annexure-III

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

To

Director (Geology) Odisha Mineral Exploration Corporation Limited 3rd floor, Boyan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg Bhubaneswar, 751001, Odisha Subject: - Authorization for attending bid opening on ________ in the Tender respect of Tender for Hiring

of vehicles through agencies for OMECL for a period of 05 years.

Reference: -_________________/OMECL/ dated _________

Sir,

I hereby authorized the following person to attend the bid opening for the tender mentioned above on behalf

of _________________ (Bidder)

Name:

Specimen Signature:

I.

Signature of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder

(In case of proprietary concern, the certificate is to be given by the proprietor, for partnership firm by all

partners and in case of limited company by all the directors of company)

Note:

1. Maximum of One representative will be permitted to attend bid opening. Alternate representative will

be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as

prescribed above is not received.

30

Annexure-IV Tender Compliance Sheet

Sub: Tender for Hiring of vehicles through agencies for OMECL for a period of 05 years. Ref: _____/OMECL/ Dated------------

Sl. No Description of the document to be submitted Whether complied (Yes/No)

Remarks if any

Put a if qualified & if disqualified (To be marked by Tender Opening

Committee) 1 Demand Draft towards cost of tender document of

Amount Rs 5,900/-

2 Demand Draft towards cost of EMD

3 Submission of ownership proof (for proprietorship firm) / copy of partnership deed and RC (for partnership firm)/ copy of MoA and RC of the firm (for Ltd Company.)/Registration certificate (for Travel Agency) as other document as applicable

4 Manufacturing Year, Date of Purchase of Vehicle

5 Self-attested Copy of GST registration

6 Self-attested Copy of PAN

7 Self-attested Copy of Vehicle Registration and Insurance Cover

8 Filled up Techno-commercial Bid Form

9 Filled up Price Bid

10 Each page of Tender Document Signed

11 Letter of Authorization for attending the bid opening

12 Declaration of exempted/Non exempted of GST.

13 Other documents as applicable

Signature:

Name:

Name & address of the firm: ------------------------------------------------------------------------------------------------------

-------------------------------------------------------

(Signature of the bidder) (With seal of the firm)

31

Annexure-V

(Affidavit to take full responsibility on all Statutory related matters throughout the Contract period of engagement of the Vehicles to be executed before a Notary)

(Part of Agreement for vehicle hire)

I/We ______________________________________ (Name of the owner/ Agency) do hereby solemnly affirm and state as follows:

1. That I/We shall pay the wages not less than the minimum wages to the drivers/workers engaged for

the work under this contract.

2. That I/We shall be solely responsible to comply with all the statutory obligations as employer including all contributions under P.F and Pension Scheme(EPF) etc. under the Employees’ Provident Fund and Misc. Provision Act 1952,Employees’Deposit Linked Insurance (EDLI), Employees’ State Insurance Act 1948,etc and all other such obligations/liabilities in respect of the Driver/Workers engaged by me for the job under this contract as per applicable statutory provisions /Law and Government Notifications and will take full liability on this account.

3. In the event of failure of the above on my part to comply with the above ,OMECL shall be entitled to recover the amount by deduction from any amount payable to me/my firm under this contract including the Security Deposit ,or as any debt payable by me.

4. Further I /we affirm that I/We shall be responsible to make payment of retrenchment compensation to my workers as per statute.

5. That this affidavit is being produced before the authority of Odisha Mineral Exploration Corporation Limited in respect of the work “Hiring of vehicles through agencies for OMECL for a period of 05 years”.

Signature of the firm/Agency/Owner of the vehicle.

32

Annexure -VI Declaration by the Bidder

(to be executed on INR 100 non judicial stamp paper and to be duly notarized)

Date: ______________

Sub: Tender No. ______________________

In response to the Tender Document above stated, I/We hereby declare and solemnly swear that our

Company/ firm ___________________ is not banned/blacklisted as on date by any competent court of

Law, forum or any State Government or Central Government or their agencies or by any statutory entities

or any PSUs.

AND, if at any stage the declaration/statement on oath is found to be false in part or otherwise, then without

prejudice to any other action that may be taken, I/We, hereby agree to be treated as a disqualified Bidder

for the ongoing Contract.

In addition to the disqualification our concern/entity may be banned/blacklisted.

AND, that I/We, shall have no right whatsoever, to claim for consideration of my/our bid at any stage and

the money deposited in the form of EMD shall be liable for forfeiture in full, and the tender, if any to the

extent accepted may be cancelled.

Signature of the Deponent

(Authorized signatory of the Bidder with Seal)

Date:

Place:

33

Annexure -VII Format for Performance Security

BG should be obtained from Nationalized/ Scheduled Bank and should be operable and invokable at its

Branch in Bhubaneswar

(To be executed on INR 100/- non-judicial stamp paper)

B.G. No. Dated:

WHEREAS:

(A) ………………….. (“AGENCY”) and The Odisha Mineral Exploration Corporation Limited having its

head office at 3rd floor, Bayan Bhawan, Unit-3, Pandit Jawaharlal Nehru Marg, Bhubaneswar,

751001, Odisha ("OMECL") has issued a Letter of Award (LoA) dated …………….. (the "LoA")

whereby OMECL has agreed to engage the Agency for

……………………………………………………………………………………………………………….

(the “agreement”).

(B) The LoA requires the AGENCY to furnish Performance Security to OMECL of a sum of INR

________/- (the "Guarantee Amount") as security for due and faithful performance of its obligations,

under and in accordance with the AGREEMENT, for a period of ______ (the “Guarantee Period”).

(C) We, ………………………. through our branch at ……………………..(Bhubaneswar) (the "Bank")

have agreed to furnish this bank guarantee ("Bank Guarantee") as Performance Security. NOW,

THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as

follows:

1. The Bank hereby, unconditionally and irrevocably, guarantees and undertakes to pay to

OMECL upon occurrence of any failure or default in due and faithful performance of all or any

of the AGENCY’s obligations, under and in accordance with the provisions of the agreement,

on its mere first written demand, and without any demur, reservation, recourse, contest or

protest, and without any reference to the Agency, such sum or sums up to an aggregate sum

of the Guarantee Amount as OMECL shall claim, without OMECL being required to prove or to

show grounds or reasons for its demand and/ or for the sum specified therein.

2. A letter from OMECL that the AGENCY has committed default in the due and faithful

performance of all or any of its obligations under and in accordance with the agreement shall

be conclusive, final and binding on the Bank. The Bank further agrees that OMECL shall be

the sole judge as to whether the AGENCY is in default in due and faithful performance of its

obligations under the agreement and its decision that the Agency is in default shall be final,

and binding on the Bank, notwithstanding any difference between OMECL and the Agency, or

any dispute between them pending before any court, tribunal, arbitrator or any other judicial or

quasi-judicial body or by the discharge of the Agency for any reason whatsoever.

3. In order to give effect to this Bank Guarantee, OMECL shall be entitled to act as if the Bank

were the principal debtor and any change in the constitution of the Agency and/ or the Bank,

whether by their absorption with any other body or corporation or otherwise, shall not in any

way or manner affect the liability or obligation of the Bank under this Bank Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for OMECL to proceed

against the Agency before presenting to the Bank its demand under this Bank Guarantee.

5. OMECL shall have the liberty, without affecting in any manner the liability of the Bank under

this Bank Guarantee, to vary at any time, the terms and conditions of the agreement or to

extend the time or period for the compliance with, fulfilment and/ or performance of all or any

of the obligations of the AGENCY contained in the agreement or to postpone for anytime, and

from time to time, any of the rights and powers exercisable by OMECL against the AGENCY,

34

and either to enforce or forbear from enforcing any of the terms and conditions contained in the

agreement and/ or the securities available to OMECL, and the Bank shall not be released from

its liability and obligation under this Bank Guarantee by any exercise by OMECL of the liberty

with reference to the matters aforesaid or by reason of time being given to the AGENCY or any

other forbearance, indulgence, act or omission on the part of OMECL or of any other matter or

thing whatsoever which under any law relating to sureties and guarantors would, but for this

provision, have the effect of releasing the Bank from its liability and obligation under this Bank

Guarantee and the Bank hereby waives all of its rights under any such law.

6. This Bank Guarantee is in addition to, and not in substitution of, any other guarantee or security

now or which may hereafter be held by OMECL in respect of, or relating to, the agreement or

for the fulfillment, compliance and/ or performance of all or any of the obligations of the Agency

under the agreement .

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Bank

Guarantee is restricted to the Guarantee Amount and this Bank Guarantee will remain in force

until the expiry of the Guarantee Period, and unless a demand or claim in writing is made by

OMECL on the Bank under this Bank Guarantee no later than twelve (12) months from the

date of expiry of the Guarantee Period, all rights of OMECL under this Bank Guarantee shall

be forfeited and the Bank shall be relieved from its liabilities hereunder.

8. The Bank undertakes not to revoke this Bank Guarantee during its validity, except with the

previous express consent of OMECL in writing and declares and warrants that it has the power

to issue this Bank Guarantee and the undersigned has full powers to do so on behalf of the

Bank.

9. Any notice by way of request, demand or otherwise hereunder may be sent by hand/messenger

or by post addressed to the Bank at its above referred branch, which shall be deemed to have

been duly authorized to receive such notice and to effect payment thereof forthwith, and if sent

by post it shall be deemed to have been given at the time when it ought to have been delivered

in due course of post and in proving such notice, when given by post, it shall be sufficient to

prove that the envelope containing the notice was posted and a certificate signed by an officer

of OMECL that the envelope was so posted shall be conclusive.

10. This Bank Guarantee shall come into force with immediate effect and shall remain in force and

effect until the expiry of the Guarantee Period (including the claim period) or until it is released

earlier by OMECL pursuant to the provisions of the agreement.

11. Capitalized terms used herein, unless defined herein, shall have the meaning assigned to them

in the agreement.

12. Notwithstanding anything contained herein:

i) Our liability under this Bank Guarantee shall not exceed INR ..........................

ii) The Bank Guarantee shall be valid up to ………. (“Expiry Date including claim period”

………………. of the Bank Guarantee).

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee

only and if you serve upon us a written claim or demand made in the manner prescribed in

this Bank Guarantee on or before ………… (Claim Period of the Bank Guarantee) at our

Branch at _________________________Bhubaneswar.

iv) After claim period all your rights under this Bank Guarantee will be forfeited and we shall

be relived and discharged from all liabilities thereunder, irrespective of whether the original

has been returned to us or not.

13. The Bank Guarantee is issued in paper form and Advice transmitted through SFMS with

required details to the beneficiary’s advising bank (ANDHRA BANK, OMC CAMPUS BRANCH,

BHUBANESWAR, IFSC Code ANDB0001059)

35

Signed and Delivered by ________ Bank By the hand of Mr./Ms. ________, its ________ and authorized

official.

(Signature of the Authorized Signatory) (Official Seal)

NOTE: (i) The Bank Guarantee should contain the name, designation and code number of the officer(s)

signing the Bank Guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as well as of

issuing branch should be mentioned on the covering letter of issuing Branch.

For _____________________________________________ [Indicate name of Bank]

Signature……………………………………………………………………….

Full Name…………………………………………………………………..….

Designation……………………………………………………………………

Power of Attorney No…………………………………………………….

Date……………………………………………………………………………….

Seal of the Bank……………………………………………………………..

WITNESS: (SIGNATURE WITH NAME AND ADDRESS)

(1)

Signature……………………………………………………………………..

Full Name……………………………………………………………………..

(2)

Signature……………………………………………………………………..

Full Name……………………………………………………………………

36

Annexure-VIII

Power of Attorney for Authorized Signatory

(to be executed on INR 100 non judicial stamp paper and to be duly notarized)

Know all men by these presents, We_______________ (name of the firm and address of the registered

office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms. (name), ____________

son/daughter/wife of ____________ and presently residing at ___________, holding the position of

___________________], as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in

our name and on our behalf, all such acts, deeds and things as are necessary or required in connection

with or incidental to submission of our Bids[s] for Hiring of vehicles through agencies for OMECL for a period

of 05 years, subject to renewal on year to year basis upon satisfactory performance of the agency, for use

at its Head Office at Bhubaneswar and other area as required, including but not limited to signing and

submission of all applications, Bids and other documents and writings, participate in Pre-Applications and

other conferences and providing information/ responses to OMECL, representing us in all matters before

OMECL, signing and execution of all Agreements and undertakings consequent to acceptance of our Bid,

and generally dealing with OMECL in all matters in connection with or relating to or arising out of our Bid

for the said tender and/ or upon award thereof to us and/or till the entering into Agreements with OMECL.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and

things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers

conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise

of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, __________________, THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ____ DAY OF ________, 20__

FOR_______________________

(Sign and Seal)

(NAME, TITLE, ADDRESS)

WITNESS:

1.

2.

(ACCEPTED) (Sign and Seal) (NAME, TITLE, ADDRESS OF THE ATTORNEY)

[NOTARIZED]

(a) The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,

laid down by the applicable law and the charter documents of the executant(s) and when it is so

required, the same should be under common seal affixed in accordance with the required procedure.

(b) Also, wherever required, the Applicant should submit for verification the extract of the charter

documents and documents such as a resolution/ power of attorney in favor of the person executing this

Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

(c) For a Power of Attorney executed and issued overseas, the document will also have to be legalized by

the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued.

37

Appendix- 1 – Illustration for calculation of detention hours.

Start time: 9 AM, Day1 | End time: 9 PM, Day 3

Day KM run Start time

End time Hours based on 50km/hr.

(A)

Actual hours*

(B)

Detention hours (B)-(A)

Day 1 500 9:00 AM 11:59 PM 10 15 5

Day 2 300 12:00 AM 11:59 PM 6 24 18

Day 3 400 12:00 AM 9:00 PM 8 21 13

Total 36