NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

NIT / Tender Ref No.

RGPPL/C&M/CS-2851/OT-135-Category III dtd. 11/05/2020

Hiring of Multi-Utility Vehicles (Other than Passenger Jeeps”.

Last date of bid submission: 02/06/2020 15:00 Hrs

Bid Opening on: 02/06/2020, 15:30 Hrs

at RGPPL Site, Anjanwel, Ratnagiri, Maharashtra - 415634

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Dear Bidders,

Please find enclosed one complete set of Tender Document for the cited work in the following order, with a request to submit your Bid after necessary compliance:

Bidding System

Single Stage Bidding (02 Envelope Systems)

A complete set of bidding documents may be downloaded from web sites www.ntpctender.com & www.rgppl.com and submit the same by utilizing the downloaded document, along- with required non- refundable tender fee.

If tender document fees amount is paid online, then bidder must sent /submit / copy of documentary evidence as proof of submission of tender fees in the envelope of Tender Fees. If bidder fails to submit the same his/her offer may not be considered.

The EMD shall be made payable without any condition to RGPPL, the EMD shall be valid for the period of seven (7) calendar months from the date set for the opening of the technical bids . EMD of the bidder shall stand forfeited if he/she revokes or cancels his tender after submission or vary any terms thereof without the consent of RGPPL within validity period of offer (06 months).

The EMD of the successful bidder to whom a contract is awarded will be returned after the said bidder provides the Contract Performance Guarantee (CPG)/FDR/DD (Format Enclosed) as mentioned in the contract documents. EMD of all other unsuccessful bidders will be returned after award of contract.

Any bid not accompanied by an acceptable security in a separate sealed envelope shall be rejected by RGPPL as being non-responsive and returned to the bidder without being opened

No interest will be payable by RGPPL on the EMD and CPG as may be applicable

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Any revision, clarification, addendum, corrigendum, time extension, etc. to the above tender will be communicated to prospective bidders through e-mail / hard copy/ over telephone

Applicable

GCC

GCC

A prospective bidder requiring any clarification (s) of the bidding documents may notify RGPPL in writing or by fax or email at RGPPL's mailing address indicated in the bid document not later than 05 (five) days prior to bid opening date. RGPPL reserves the right to ignore the bidders request for clarification if received after the aforesaid period. RGPPL may respond in writing to the request for clarification. RGPPL's response including an explanation of the query, but without identifying the source of the query will be communicated to prospective bidders through e-mail.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

For any queries, bidders may contact following personnel:

i.Shweta Verma, Manager (C&M) Ph. No.: 02359-241134

e-mail: shweta.verma@site.rgppl.com

ii.Dipak Patil, DGM (C&M), Ph. No.:02359-241134

e-mail: dipak.patil@site.rgppl.com

Offer consisting of any deviations with respect to any term & conditions of bid document shall be liable to be treated as NON-RESPONSIVE and may be rejected.

Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of bid

This is a NIL Deviation Tender

Tender Document must be sent through Speed / registered post / In person only. Submission of tender document in any other shall liable for rejection.

Yours faithfully,

For & on behalf of RGPPL

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Section-I

INSTRUCTIONS TO BIDDERS

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

About the RGPPL:

1)M/s Ratnagiri Gas and Power Pvt. Ltd (RGPPL) is a joint venture Company promoted by NTPC Ltd & GAIL (India) Ltd., 1967 MW gas-based power generation plant. Ratnagiri Gas & Power Project is situated at village Anjanwel, Taluka – Guhagar, Dist. Ratnagiri (Maharashtra). The project site is located at a distance of approx. 10 KMs North of Guhagar Town & 50 kms from Chiplun City (On Mumbai-Goa highway).

Nearest Airport: Mumbai at a distance of 300 kms. by road.

Nearest Railway Station: Chiplun station (Mumbai–Madgaon Route, KONKAN Railways) at a distance of about 50 km from the site.

Understanding and clarification on bid documents:

2)The bidder is required to carefully examine the bid documents and fully inform him/her-self to all the conditions and matters which in any way affect the scope of the works or the cost thereof. The bidding documents together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidder(s). The deviation / additional conditions mentioned elsewhere in the offer shall not be considered by RGPPL and therefore shall have “Null & Void” status. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder’s risk and may result in the rejection of his bid.

3)If any bidder finds discrepancies or omissions in the bid documents or is in doubt as to the true meaning of any part, he/she shall request in writing for an interpretation / clarification to RGPPL. After receipt of such interpretations or clarifications the bidder shall submit his bid within the time and date as specified in the bid Notice.

4)All such interpretations and clarifications as are issued by RGPPL in the form of amendment to the tender documents shall form a part of the tender documents and accompany the bid. Verbal clarifications and information given by RGPPL or its employees or representatives shall not in any way be binding on RGPPL.

Assessment of the work & local conditions:

5)It will be imperative on the part of each bidder to have FIRST HAND ASSESSMENT OF THE WORK and fully inform himself/herself of all local conditions and factors which may have any effect on the execution of the works covered under those documents.

6)The bidder shall inspect the site and its surroundings and shall satisfy himself of and all circumstances affecting the site and the works, the form and nature of the site, the extent and nature of the work, completion of the works, the means of communication with and transportation and access to the site, the accommodation it may require and in general all risks and contingencies influencing or affecting the works. The bidder shall not, except as expressly provided in these conditions be entitled to any extension to any guaranteed completion date or to any adjustment of the Contract price on grounds of misinterpretation or misunderstanding of any such matter, nor shall except as so provided, it be released from any of the risks accepted or obligations undertaken by it under the Contract on the ground that it did not or could not reasonably have foreseen any matter which affects the execution of the works. Site conditions shall not relinquish the bidder from any of his obligations/responsibilities to be discharged and performed under the Contract as per schedule within the Contract price. The rates quoted by the agency shall be all inclusive for provision of all incidental expenses necessary for proper execution and completion of work in full in accordance with the terms and conditions of bid documents.

7)Language of the bid:

The bid and all correspondence and documents relating thereto exchanged by the Bidder and the Employer shall be written in English. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an appropriate translation of pertinent passages into English, in which case, for the purpose of interpretation of the bid such translations shall govern.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

8)The units of measurement shall be SI system of measures, unless otherwise specified elsewhere.

Bidders profile:

9)Name and Address (es) of the sole Proprietor/Partners/Board of directors and photocopy of Affidavit of Proprietorship / Partnership Deed / Memorandum of Articles of Association to be submitted.

10)Bidder’s name stated on the proposal should be the exact legal name of the Firm.

11)Copies of documents defining the constitution or legal status, place of registration and principal place of business of the company or firm or partnership to be submitted.

Signature on bids:

12)The bid must contain the name, residence and place of business of the person or persons making the bid and each page of the Proposal must be signed and sealed by the Bidder with his/her usual signature. The names of all persons signing should be typed or printed below the signature.

13)Bid by the partnership firm must be furnished with all names of the partners and be signed with the partnership name, followed by the signature(s) and designation(s) of the authorized partner(s) or other authorized representative(s).

14)Corporation/Company must be signed with legal name of the corporation/company by the persons authorized to bid on behalf of such corporation/company in the matter.

15)Valid evidence of authority of the person signing on behalf of the agency should be furnished along with the bid.

16)Erasures or other changes in the bid documents must bear the signature of the persons signing the bid.

17)Bid not conforming to the above requirements of signing may be disqualified at the discretion of

RGPPL.

Price basis currencies & payments:

18)The bidder must quote the rates as required in the Bill of quantities (BOQ) for the entire scope/description of the work. Rates shall be quoted, in the prescribed BOQ separately for each item of scope of work. Bids based on a system of pricing other than that specified may be rejected. Unless & until specifically mentioned, bid rates should be in INDIAN Rupees only and all the due payments shall be paid in INDIAN Rupees. The bill of quantities is / are to be read in conjunction with the form of tender, special conditions of contract, terms & conditions of contract, general condition of contract & drawing etc. These documents must be jointly complementary to each other & are explanatory & descriptive of the work involved in the contract.

19)The rates and amount quoted by the bidder shall remain firm till award of contract for all

costs, including escalation of labour, material, transport and/or storage charges, insurance, increase in cost due to government and other charges, direct and indirect.

Late Bids:

20)Bids submitted after the time and date fixed for the receipt of bids as set out in the tender document are liable to be rejected. However, RGPPL reserves the right to consider the delayed bid under certain circumstances.

21)Conflict of interest:

21.1Each Bidder shall submit only one bid either by himself, or as a partner in a joint venture or consortium, if so, permitted in the Bidding Documents. A Bidder who submits or participates in more than one bid in this bidding will be disqualified from the bidding.

21.2Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates that has been engaged by RGPPL to provide consultancy services for the preparation of the design, specifications, and other documents to be used for the execution of Works under this Invitation for Bids.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

22)Submission of bids:

22.1Bid must be received by RGPPL at the address referred in the NIT/Tender Enquiry, no later than the time and date stated in the NIT/Tender Enquiry. In the event of the specified last date for submission of bids being declared a holiday for RGPPL, the bids will be received up to the appointed time on the next working day.

22.2RGPPL may, in exceptional circumstances and at his own discretion, extend the deadline for submission of bids by issuing an amendment.

22.3Bidder has to sign all the pages of tender document as a token of acceptance of all the terms & conditions mentioned in tender document. Same has to be submitted as mentioned in tender document (s). All annexure(s) of this tender document must be filled fully duly signed & stamped

23)Modification, substitution and withdrawal of bid: The bidder may modify or withdraw its bid after submission, provided that written notice of the modification or withdrawal is received by RGPPL prior to the deadline prescribed for bid submission. For both, bid modification and bid withdrawal, the bid submitted by the bidder has to be withdrawn by the bidder from RGPPL office by making a written request to RGPPL to return the bid submitted to RGPPL. A bidder wishing to withdraw/modify its bid shall notify RGPPL in writing prior to the deadline prescribed for bid submission. A withdrawal notice may be sent by mail from the registered e-mail id or post or by telefax so as to be received by RGPPL before the deadline for submission of bids. The notice of withdrawal shall

(a)be addressed to RGPPL at the address named in the NIT/Tender Document, and

(b)bear NIT/Tender enquiry number, Package name, and the words “BID WITHDRAWAL

NOTICE”.

RGPPL shall on receipt of the “BID WITHDRAWAL NOTICE” from the bidder, return the bids. Bidder in their own interest is advised to follow-up with the package coordinator through mobile/phone also so as to have the bid returned before the bid submission deadline. The bidder can thereafter re-submit its bid within the time line specified for bid submission. RGPPL shall NOT be responsible for the inability of the bidder to submit its bid again within the time line specified. Bidders are NOT allowed to submit any modification through any letter/ e-mail/fax etc. Such communications will not be considered. Bid withdrawal notices received after the bid submission deadline will be ignored, and the submitted bid will be deemed to be a validly submitted bid. No bid will be withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period specified. Withdrawal of a bid during this interval may result in the bidder’s forfeiture of its bid security.

OPENING OF BIDS:

24)Bids shall be received and opened at the address given below in the presence of bidder's representatives available to attend the bid opening. The Bidder’s representative, who are present, shall sign the format evidencing their attendance.

DGM (C&M),

RATNAGIRI GAS AND POWER PRIVATE LIMITED, AT & POST ANJANWEL, TAL-GUHAGAR,

DIST: RATNAGIRI, MAHARASHTRA-415634

25)If the last date of receipt of application / bid opening date happens to be holiday, then applications shall be received / bid opening will be done on the next working day.

26)Anything not mentioned explicitly in this tender document and if same is required for smooth completion / running for this job is in the scope of contractor.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Bid Evaluation Criteria & comparison of Bids:

27)Any bid not accompanied with the EMD (if specifically mentioned in tender document) shall liable to be disqualified.

28)RGPPL shall evaluate the qualifying requirements of each bidder as per NIT after opening of technical bid and the bids of the bidder who is not meeting the qualifying requirement shall be treated as non-responsive and the price bid shall be returned to the concerned bidder without being opened.

29)A non-responsive offer is one which affects in any way the Prices, Quality, Quantity or Contract Period or which limits in any way the responsibilities or liabilities of the bidders or any rights of RGPPL as required in these documents. However, RGPPL may waive off any minor informalities or irregularities in the bid.

30)Bid price shall mean the total price in bid proposal schedule/BOQ for complete scope of work. The overall cost arrived shall be taken for cost comparison & final evaluation.

31)The evaluation criteria override all other similar related clauses appearing anywhere in the bid documents & such clauses are deemed to have been modified to the extent stipulated above.

32)If the rates/prices quoted by the successful bidder for certain items of the bill of quantities are found to be abnormally high or low in relation to the Engineer’s (RGPPL) estimate of the cost of work to be performed under the contract, then RGPPL may require the bidder to produce detailed rate/price analysis for any or all items of the bill of quantities to demonstrate the internal consistency of those rates/price with the construction methods’ and schedule proposed. After evaluation of rate/price analysis, RGPPL may require that the amount of the performance security be increased at the expense of the successful bidder to a level sufficient to protect RGPPL against any financial loss in the event to default by the bidder under the contract, if award is placed on successful bidder.

33)Notwithstanding anything above, RGPPL reserves the right to assess the bidder’s capability and capacity to perform the contract, should the circumstances warrant such assessment in the overall interest of RGPPL and decision of RGPPL in this regard shall be final.

34)Clarification of Bids: Bidder's attention is drawn that during the period, the bids are under consideration, the bidder is advised to refrain from contacting by any means, the Employer and/or his employees/representatives on matters related to the bids under consideration and that if necessary, RGPPL will obtain clarifications from the Bidder in writing. Any effort by a bidder to influence RGPPL’s processing of bids or award decisions will result in the rejection of the Bidder’s bid.

During the bid evaluation the Employer may, at its discretion, ask the Bidder for a clarification of its bid including documentary evidence pertaining to only the Work Orders/Purchase Orders/Letter of Awards/Contract Agreements declared in the bid for the purpose of meeting Qualifying Requirement specified in NIT/Bidding Documents. The request for clarification and the response shall be in writing and no change in the price or substance of the bid including substitution of reference Work Orders/Purchase Orders/Letter of Awards/Contract Agreements in the bid by new/additional work orders/Purchase Orders/Letter of Awards/Contract Agreements for conforming to Qualifying Requirement shall be sought, offered or permitted.

Policy forbids under considerations:

35)RGPPL reserves the right to cancel this tender any time either in whole or in parts as the case may be and reject or accept any tender without assigning any reason thereof.

Bids shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award/rejection is made by RGPPL to the Bidders. When the bids are under consideration, Bidders and/or their representatives, or other interested parties are advised to refrain from contacting by any means, RGPPL and/or its employees/ representatives on matters related to the bids under consideration. The bidders will not be permitted to change the substance of bids, after the bid has been opened formally.

36)RGPPL is not bound to enter into any correspondence with the bidders or his/her representatives on any matter or to give reason for its decisions other than as specifically stated in this document.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Effect & validity of bid:

37)The submission of any bid connected with these documents shall institute an agreement that the bidder shall have no cause of action of claim, against RGPPL for rejection of his bid. RGPPL shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the bidder shall have no claim in that regard against RGPPL.

38)The submitted bid shall be valid for a period of 180 days from the actual date of opening of technical bid.

39)In exceptional circumstances, prior to the expiry of the original bid validity period, RGPPL may request the Bidders to extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing. A bidder agreeing to the request will not be permitted to modify his bid, but will be required to extend the validity of his bid security for the period of the extension.

Award of contract:

40)The contract will be awarded to the best qualified and responsive Bidder’s offer in the lowest evaluated bid in conformity with the requirement of these documents. RGPPL shall be sole judge in this regard, subject to the provisions of instructions to Bidders and other terms & conditions detailed in these tender documents.

41)Notification of award of contract will be made in writing to the successful agency by RGPPL.

42)The bidder shall be responsible and shall be bound to perform the job allocated to him/her at awarded rates accepted by RGPPL.

Taxes, duties & levis etc.

43)“Goods and Services Tax” or “GST” means taxes or cess levied under the Central Goods and Services Tax Act, Integrated Goods and Services Tax Act, Goods and Services Tax (Compensation to States) Act and various State/Union Territory Goods and Services Tax Laws and applicable cesses, if any under the laws in force (hereinafter referred to as relevant GST Laws), which shall be fully complied with by the Bidder.

44)The Bidder shall quote the prices giving breakup in the manner specified in the Price Schedule. The Bidder shall quote the applicable rate of GST in the Price Schedule.

45)For the purpose of Evaluation, GST quoted in the Bid shall only be considered.

46)The Bidder shall indicate the taxes and duties as applicable seven (7) days prior to last date of bid submission.

47)The bidder is required to quote the rate of GST applicable under GST Law in the Price Schedule while giving the breakup of prices.

48)In case GST registered bidder has quoted GST rate as ‘0’ (Zero) or kept as blank then, the quoted price shall be considered to be inclusive of GST as applicable.

49)In case of bid received from dealers who have opted for the composition scheme under GST Law, the Bidder shall specifically mention the same in his Bid. RGPPL shall not be liable to pay/reimburse any GST on the supplies made by such dealers under the Order/Contract.

50)In case of bid received from unregistered dealer, for evaluation their bid shall be cost compensated as per the GST rate applicable in view of Reverse Charge Mechanism (RCM) as per GST Law.

51)In case of all materials identified by the Contractor and RGPPL to be dispatched directly from the sub-vendor's work to RGPPL's site, the contractor shall ensure that his sub-vendors (if allowed by RGPPL) raise Tax invoices as per the provisions of GST Law, billed to the Supplier and shipped to RGPPL’s site. The contractor shall further ensure that he raises his corresponding Tax Invoices in the name of RGPPL during transit of the materials before the delivery of materials is taken by

RGPPL.

52)For items not covered under GST, the Bidder is required to quote Excise Duty/VAT/CST as applicable in the Price Schedule while giving the breakup of prices.

53)Notwithstanding anything to contrary contained in the award letter/Contract, the supplier’s right to payment under the Order/Contract is subject to issuance of valid tax invoice/bill of supply as the case may be, payment of applicable GST to the credit of appropriate Government and submission of valid particulars of tax invoice under GST returns in accordance with GST Law.

54)RGPPL shall deduct GST at source at the applicable rates in case transactions under the Order/Contract are liable to GST deduction at source.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

55)Unless expressly stated otherwise, a common mechanism for reconciliation of input credit mismatch, to be followed by both RGPPL and Supplier, shall be mutually agreed so that both parties follow the same procedure for disclosing the transactions in their respective returns.

56)Notwithstanding anything in the Order/Contract, penalty / damages shall be recovered in case the contractor makes a default in following the agreed procedure. The implications of GST on return of goods will be as per the provisions of the relevant GST Laws.

57)The contractor shall issue tax invoices/bill of supply as applicable, file appropriate returns, and deposit the applicable GST to the account of appropriate government within the time limit prescribed under the GST Law. In the event of any default, Contractor shall be liable to pay the amount which may be imposed on RGPPL due to such default.

58)Contractor should comply with the provisions of e-way bill notified by appropriate authorities from time to time. The existing provisions regarding road permit will continue till such time if applicable.

59)RGPPL shall make necessary tax deductions under Income Tax Act or any other laws, if applicable.

60)Provisions of GST law in respect of Related Persons/Parties may appropriately be taken into consideration by Bidders while submitting the bid.

61)If any rates of tax are increased or decreased, a new tax is introduced, an existing tax is abolished, or any change in interpretation or application of any tax occurs in the course of the performance of Order/Contract, which was or will be assessed on the Contractor in connection with performance of the Order/Contract, an equitable adjustment shall be made to take into account any such change.

62)The payment/reimbursement of statutory variations in the rates of tax and/or of new tax, duty or levy imposed under statute or law in India as above would be restricted only to direct transactions between RGPPL and the Bidder.

63)Agency shall clearly mention the taxes, duties & levies applicable over their quoted rates, in case nothing is mentioned, quoted rates shall be construed as inclusive of all taxes, duties & levies. No Post BID request shall be entertained.

64)However, during the currency of the contract, due to any new enactment of Law, any tax and/or duty becomes payable by RGPPL in respect of the transaction between RGPPL and the agency and it is actually paid by the Contractor to the concerned Government, then it shall be reimbursed by RGPPL at actual cost on production of the necessary valid documentary evidence.

65)As regard Income-Tax, Surcharge in Income-Tax and any other corporate Taxes as applicable, RGPPL shall not bear any tax liability in respect of the contract irrespective of the mode of contracting. The Contractor shall be liable and responsible for payment of such tax, if attracted, under the provision of the Indian laws, RGPPL shall deduct Income-Tax at source from all the payments to be made to the Contractor in accordance with the provisions of Indian Income-Tax law as applicable from time to time and deposit the same to the concerned Government authorities.

66)Custom duty /clearance from custom dept

Clearance of Custom, stevedoring or any other activities (if required) shall be performed by Contractor at his sole cost and expenses.

67)Limitation of Liability: Successful bidder’s total liability shall be limited to award value only.

68)PRE-BID CONFERENCE (If specified in the NIT/Tender Enquiry)

RGPPL at its discretion may organize a pre-bid conference with the prospective bidders. The purpose of the conference will be to clarify the package related issues and to respond to the bidder’s queries, which may arise from the bidding documents, site visit etc. RGPPL will give a notice of the pre-bid conference to the bidders at least fifteen (15) days prior to the said pre-bid conference unless otherwise fixed or informed in the tender.

Bidders are required to submit their questions/ clarifications/queries etc. in writing including by way of email from the registered email Id so as to reach RGPPL at least one week before the pre-bid conference. It may not be practicable at the conference to answer the questions which are received late.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Record notes of the pre-bid conference including RGPPL’s response to the queries raised by the bidders in writing may be prepared and transmitted to all the prospective Bidders by RGPPL. Further, any modification to the bidding documents which may become necessary as a result of the pre-bid conference shall be made by RGPPL exclusively through an amendment to the bidding documents. The record notes of the pre-bid conference shall not be treated as amendment to the bidding documents.

Non-attending the pre-bid conference will not be a cause for disqualification of a bidder or his bid.

Laws Governing the Contract:

69)This contract shall be governed by the Indian Laws for time being in force. The court at Mumbai shall have exclusive jurisdiction in all matters arising under this contract

70)These ‘INSTRUCTIONS TO BIDDERS’ & Special Conditions of Contract shall form an integral part of the contract. The contract besides shall also be exclusively governed to the extent applicable by the General Conditions of Contract of NTPC available at RGPPL website www.rgppl.com & its subsequent amendments. In case of any contradiction in the clauses of GCC & other tender documents, other tender documents shall prevail. (While referring the GCC, the name “M/s Ratnagiri Gas & Power Pvt. Ltd.” shall be read and understood in place of “NTPC” / “M/s National Thermal Power Corporation”).

71)The bidder shall comply with all the legal requirements and obtain all necessary licenses/permissions under various applicable Laws/Acts.

72)Bidders not confirming to these requirements may be rejected and no correspondence whatsoever thereof shall be entertained.

73)In case of any violation of statutory provision under labour laws/or otherwise on behalf of the Bidder there will not be any liability on RGPPL.

74)The successful bidder shall at all times during the continuance of the contract comply fully with all existing Acts, Regulations and bye laws including all statutory amendments and re-enactment of State or Central Government and other local authorities and any other enactments and acts that may be passed in future either by the State or Central Government or local authority including Indian Workmen's Compensation Act, Contract labour (Regulation and Abolition) Act 1970 and Equal Remuneration Act 1976, Factories Act, Minimum Wages Act, Provident Fund Regulations, Employees Provident Fund Act etc. in so far as they are applicable to this contract. The successful bidder shall indemnify and keep RGPPL indemnified in case any proceedings are taken or commenced by any authority against the RGPPL for any contravention of any of the laws, bye laws or scheme by the successful bidder. If as a result of successful contractor's failure, negligence, omission, default or non-observance of any provisions of any laws, the RGPPL is called upon by any authority to pay or reimburse or required to pay or reimburse any amount, the RGPPL shall be entitled to deduct the same from any money due or that may become due to the successful bidder under this contract or any other contract or otherwise recover from the successful bidder any sum which the RGPPL is required or called upon to pay or reimburse on behalf of the successful contractor.

75)RGPPL shall not be responsible financially or otherwise for any injury to the contractor’s personnel in the course of performing the job.

76)The individual signing the quotation tender form or any document forming part of the contract on behalf of another or on behalf of a firm shall be responsible to produce a proper power of attorney duly executed in his favour stating that he has authority to sign/ other such person of the firms as the case may be in all matters pertaining to the contract including the arbitration clauses. If subsequently the person so signing fails to provide the said power of attorney within a reasonable time the RGPPL, may without prejudice to other civil and criminal remedies cancel the contract and hold the signatory liable to all costs and damages. In case of registered or unregistered Partnership Firm, all the partners should sign the quotations; alternatively, if a single partner is signing the bids, he shall produce authorization letter / Power of attorney from all the partners of the firm authorizing him to sign the bids. In case where any person is signing the agreement on behalf of limited Company or firm, he will produce letter of authority/resolution passed by the company empowering him to sign the agreement on behalf of the company or firm.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

77)Fraud Prevention Policy: “The Bidder” along with its associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall strictly abide by the provisions of ‘Fraud prevention Policy’ of RGPPL displayed at website http://www.rgppl.com. An undertaking regarding adherence to the fraud policy shall be submitted by the Bidder along with the bid as per format provided in Section II of this tender document.

78)Water/Power Supply: RGPPL may provide free of cost following at a single point only at the sole discretion of RGPPL.

a.50Hz single phase/ 3Φ power supply

b.Water Supply

79)Work Performance: RGPPL reserves the right to cancel the contract or to withhold the payment in the event of non-commencement within time or unsatisfactory performance of the work. In such an event RGPPL further reserves the right to get the work done at the risk and cost of the Contractor from open market or through some other bidders and the Contractor will be barred in RGPPL for a period of 2 years from participating in such type of tender in addition to forfeiture of earnest money/security deposit/contract performance guarantee, if so warranted.

80)Addenda/Corrigendum /Amendment: Addenda/Corrigendum to the tender documents may be issued prior to the date of opening of the tender to clarify or effec t modification in specification and/or contract terms included in various tender documents. The Bidder shall suitably take into consideration such Addenda/Corrigenda while submitting his tender. All Addenda/Corrigenda shall be signed and stamped on each page by the bidder and shall become part of the tender documents. In order to provide reasonable time to prospective bidder for taking an Addenda/Corrigenda/Amendment into account for preparing his bid, RGPPL may, at its discretion, extend the deadline for the submission of bid. Such extension of the deadline for the submission of bid shall be such that the time between date of issue of Addenda/Corrigenda/Amendments and date of bid opening is at least seven (7) days.

81)Anti-profiteering clause: As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices. The Contractor of Goods / Services may note the above and quote their prices accordingly.

82)In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed, then the bids may be rejected by RGPPL. Further, in case rating of bidder is negative / black listed after award of work for supply of goods / services, then RGPPL shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by RGPPL.

83)GST Invoice shall contain the following:

a)Name, address and GSTIN of the supplier.

b)A consecutive serial number containing only alphabets and/or numerals, unique for a financial year.

c)Date of its issue.

d)Name, address and GSTIN/ Unique ID Number, if registered, of the recipient.

e)Name and address of the recipient and the address of delivery, along with the name of State and its code, if such recipient is unregistered and where the taxable value of supply is fifty thousand rupees or more.

f)HSN code of goods or Accounting Code of services.

g)Description of goods or services.

h)Quantity in case of goods and unit or Unique Quantity Code thereof.

i)Total value of goods or services.

j)Taxable value of goods or services taking into account discount or abatement, if any.

rate of tax (CGST, SGST or IGST) amount of tax charged in respect of taxable goods or services (CGST, SGST or IGST)

k)Place of supply along with the name of State, in case of a supply in the course of inter-State trade or commerce.

l)Place of delivery where the same is different from the place of supply.

m)Whether the tax is payable on reverse charge.

n)The word “Revised Invoice” or “Supplementary Invoice”, as the case may be, indicated prominently, where applicable along with the date and invoice number of the original invoice; and

(q)signature or digital signature of the contractor or his authorized representative.

84)The award of contract shall be on “work contract basis”. The bidder shall be responsible for

payment of GST levied on the work contracts services in accordance with the applicable Act or

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Notification(s) by the State or Central Government or other authorities and rules made there under including amendments, if any. The liability on account of such tax as per the rates of tax prevailing as on seven (7) days prior to the date of bid opening shall be included in the bid price. In case of any variation in the rates of the tax after the date seven (7) days prior to date of bid opening, the same shall be paid/reimbursed to/recovered from the successful Bidder subject to submission of documentary evidence and proof of having made the payment at the revised rate and on certification by Engineer-in-charge.

85)It shall be incumbent upon the successful bidder to obtain a registration certificates under GST law and other law(s) relating to levy of tax, duty, cess etc and necessary evidence to this effect shall be furnished by the successful Bidder to RGPPL. If the successful Bidder intends to engage itself in quarrying or miming of soil/earth, sand, stone/aggregates, metals, minerals or minor minerals required for the Works, as the case may be, it shall obtain necessary permits under the applicable law for such mining or quarrying from the State/Central Government authorities and pay the fee or charges applicable thereto.

86)The bid price shall also be inclusive of Royalties or Seigniorage, Fee or Cess or other charges payable on the quarried or mined metals, minerals or minor minerals as the case may be, at the rate(s) prevailing as on seven (7) days prior to the date of Techno-Commercial bid opening.

87)Insurance of plant, equipment, during transit and during commissioning shall be included in above Bill of Quantity (BoQ) / Schedule of Rates (SoR) like Marine / Inland Cargo / Erection all Risk (EAR) /Third Party /Public liability etc. for which RGPPL will not pay separately.

88)Bid Security (EMD):

1.The Bidder shall furnish, as part of its Bid, a Bid Security in a separate envelope in the amount and currency as stipulated in the Bid Data Sheet.

2.The Bid Security shall, at the Bidder's option, be in the form of a crossed Demand Draft/Pay

Order/Banker’s Cheque from any of the banks specified in the Bid Documents.

4.Any bid not accompanied by an acceptable Bid Security in a separate sealed envelope shall be rejected by RGPPL as being non-responsive and returned to the Bidders without being opened.

5.In case of Single Stage Single Envelope bidding process, the Bid Security/EMD of the unsuccessful Bidders shall be returned immediately after placement of award on the successful bidder.

In case of Single Stage Two Envelope and Two Stage bidding process, the Bid Security of the Bidders whose Technical Bid has not been found acceptable, shall be returned along with letter communicating rejection of Technical Bid. The Bid Security of the Bidders who are unsuccessful after opening of Price Bids shall be returned immediately after placement of award on the successful bidder.

6.The Bid Security of the successful Bidder to whom the contract is awarded will be returned when the said Bidder has signed the Contract Agreement and has furnished the required Performance Securities (if any as per tender document).

7.The Bid Security may be forfeited.

a.If the Bidder withdraws or varies its Bid during the period of Bid validity; b.If the Bidder does not accept the correction of its Bid Price.

c.If the Bidder refuses to withdraw, without any cost to RGPPL, any deviation, variation, additional condition or any other mention anywhere in the bid, contrary to the provisions of bidding documents.

d.In the case of a successful bidder, if the bidder fails within the specified time limit

i)To sign the Contract Agreement, in accordance with ITB and/or various clauses of tender document.

ii)To furnish the required Contract Performance Guarantee/Security Deposit in accordance with various clauses of tender document.

e.If the bidder/his representatives commit any fraud while competing for this contract pursuant to Fraud Prevention Policy.

f.In case the Bidder/Contractor is disqualified from bidding process in terms of various Sections of bid Document including GCC.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

89)Other Terms & conditions:

i)Compliance of labour laws:

The Contractor shall be liable to make payment to all the employees / personnel working for the contract and make compliance with prevailing provisions of labour laws. If RGPPL, is held liable as ‘PRINCIPAL EMPLOYER’ to pay contribution etc. under ESI Act or any other legislation of Government or Court decision, in respect of the employees / manpower engaged by the Contractor, then the latter would reimburse, the amounts of such payments so paid by RGPPL.

ii)Co-operation with other agencies: The Contractor & its personnel shall fully cooperate with other contractor’s person working at RGPPL’s site to avoid any hindrance to the smooth progress of ongoing works.

iii)Gate Pass/Identity Cards: The contractor shall issue photo entry pass for their personnel to be deployed inside plant, which they shall be required to display prominently during the period of their stay within the company premises. The contractor shall obtain proper gate pass for entries and exists of all materials and equipments inside the plant. For gate pass ‘Non-Criminal Certificate’ along with photo id proof may be required.

iv)Suspension & termination of work: In the event that the progress of execution is found below acceptable time schedule and the contractor is not able to improve despite the three- repeated notice, RGPPL shall have the right to suspend / terminate the order by giving a notice of 15 days. Suspension/ Termination of work in part or full shall be governed as per respective clause(s) of General condition of contract (GCC) (NTPC/RGPPL).

v)Force Majeure: Either party is prevented from the performance of its obligations in whole or in part for reasons of force majeure viz. Acts of God, acts of Government, acts of public enemy, war, hostility, civil commotion, sabotages, fire, floods, explosions, epidemics; lawful strikes and lock outs, then provided notice of happening of any such eventuality is given by the affected party to the other party within 15 days from the date of occurrence and cessation of the force majeure, the period of force majeure shall be excluded from the time specified for fulfillment of obligation of the party prevented by force majeure. If any of the events specified in this clause lasts for a continuous period of less than seven days, such events shall not be construed to be force majeure events. If force majeure event continues beyond a period of six months, the parties shall mutually decide further course of action. Neither party can claim any compensation from the other party on account of force majeure event.

vi)Safety Obligations: Agency shall STRICTLY follow and FULLY comply with the RGPPL’s safety norms enclosed at Section V, in addition to the “SAFETY CODE” of NTPC displayed at

RGPPL website www.rgppl.com (while referring the SAFETY CODE, the names NTPC Ltd/National Thermal Power Corporation shall be replaced & read by name Ratnagiri Gas & Power Pvt. Ltd) & specific instructions of RGPPL Safety-in-Charge.

vii)General Environmental obligations: Agency shall STRICTLY follow and FULLY comply with the RGPPL’s General Environmental Guidelines as per Section II.

viii)Rate Validity: The rates agreed to herein shall remain fixed till the expiry of the contract and the contractor shall not be entitled to any increase or any other right or claim whatsoever by way of representation, explanation or statement or alleged representation or any understanding or assurance given or alleged to have been by any employee of the company or due to, contractor own ignorance or on account of any difficulties or hardships faced by him.

ix)Discipline: The contractor shall be responsible for the proper behavior of the persons employed by him and exercise control over them. He shall also bound to prohibit and prevents his employees from taking any direct or indirect interest and/ or support assist maintain or employees from taking any direct or indirect interest and/ or support assist maintain or help any person or persons engaged in any antisocial activities, demonstration, riots or agitation, which may in any way be detrimental or prejudicial to the interest of the Company or of the proprietors or occupiers of land/ properties in the neighborhood. In the event of any such action by his person or persons, Contractor shall be fully and exclusively responsible therefore and shall keep the company harmless and indemnified from any consequential claims actions, suits, proceedings, loses or damages on any ground whatsoever.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

In any case the company considers presence of any of the persons of the contractor undesirable for whatever reasons including integrity, conduct, competence, 24 hours’ notice in writing will be given by the Company to the Contractor and such persons shall be necessarily removed from the site by the Contractor on receipt of said notice. Such a person will not be re-employed without the express and written authorization of Engineer In-Charge of the Company. Suitable replacement/ arrangement to be made by the contractor to ensure uninterrupted services under above circumstances as per the instruction of the Company representative.

x)Handing over of site: Efforts will be made by RGPPL to hand over the site to the Contractor free of encumbrance. However, in case of any delay in handing over of the site to the Contractor, RGPPL shall only consider suitable extension of time for the execution of the work. It should be clearly understood that RGPPL shall not consider any other compensation whatsoever. RGPPL reserves the right to hand over the site in parts progressively to the contractor. The Contractor will be required to do work on such released fronts in parts without any reservation whatsoever.

xi)Damage: Company shall not be liable for or in any respect of any damages or compensation for any injury or for any occupational disease peculiar to the employment to any person engaged through the Contractor and the contractor shall keep the Company indemnified.

While execution of work, the agency should not cause any damage to the available structures around. In case of damage by contractor or his men, the same shall be replaceable on the risk and cost of contractor. Also, the contractor shall be liable for making good all damages/losses arising out of theft, breakage, pilferage of any furniture, equipments, fittings and fixtures as may be caused directly or indirectly by the persons engaged through him/ work carried out by them.

xii)Contractor’s Responsibility:

a)The contractor and its working personnel have to observe safety rules existing in RGPPL.

b)The contractor has to provide the necessary PPEs to its workers to the satisfaction of EIC.

c)All the persons engaged by the contractor shall be on his established pay roll and be paid by him and company has to no liability whatsoever in this regard. The contractor shall make regular and full payment of wages & salaries to the persons engaged by him as required under relevant Labour laws and submit one copy of the payment sheet/ register to the company as a proof there of for its record.

d)The contractor shall ensure regular and effective supervision and control of the personnel deployed by him and gives suitable direction for undertaking the contractual obligations.

e)The contractor shall indemnify RGPPL against all losses or damages, if any, caused to it on account of acts of the personnel deployed by him.

f)Contractor shall be solely responsible for the payment of wages and other dues to the personnel deployed by him latest by 7th of subsequent month. The contractor shall be directly responsible and indemnify RGPPL against all charges, dues, claims etc. arising out of the disputes relating to dues and employment of personnel deployed by him.

g)The contractor shall be responsible for required contributions towards P.F, pension, ESI workmen compensation or any other statutory payments to be made in respect of the Contract and the personnel employed for rendering service to RGPPL & shall deposit these amounts on or before the prescribed dates. Every contractor shall submit the proof of depositing the employee and employers’ contributions. The contractor shall also be responsible to pay any administrative/ inspection charges thereof, wherever applicable, in respect of the personnel employed by him for the work of RGPPL.

h)Contractor shall exclusively be liable for non-compliance of the provision of any act, laws, rules and regulations having bearing over engagement of workers directly or indirectly for execution of work and contractor hereby undertakes to indemnify the Company against all actions, suits, proceedings, claims damages etc. which may arise under the Minimum Wages act payment of wages Act. Employees Provident Fund Act or statutes not herein specifically mentioned but having direct or indirect application for the persons engaged under this Contract.

xiii)The contractor shall not engage any person less than 18 years of age.

xiv)The consumables brought by the agency shall be in good condition and of good quality and brand.

xv)General Conditions of Contract (GCC): The contract shall also be governed as per GCC (NTPC), displayed at RGPPL website (www.rgppl.com) to the extent applicable. In case of any

contradiction between GCC and LOA, LOA shall prevail. (While referring the GCC, the names

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

NTPC Ltd / National Thermal Power Corporation Ltd shall be replaced & read by the name M/s Ratnagiri Gas & Power Pvt. Ltd.). If there is any ambiguity in tender Document and that in GCC-Civil then Conditions mentioned in Tender Document will prevail.

xvi)All payments to the employee are to be done through online payment only.

xvii)Contractor’s profit / service charges on minimum wages (if mentioned in tender document): It must be above 0.9999 %.

xviii)Dispute and Arbitration: The agencies hereto shall endeavor to settle all disputes and differences relating to and/or arising out of the Contract amicably. The decision of the Officer-In- Charge shall be binding on the agency. In case of any dispute or difference it shall be resolved through arbitration for which Head of RGPPL site shall be the arbitrator. However, in the event of non-acceptance by agency, any third-party arbitrator shall be appointed by mutual agreement. In the event of litigation, the court at Mumbai shall have the jurisdiction over the same.

a)In case of any violation of statutory provision under labour laws/or otherwise on behalf of the agency there will not be any liability on RGPPL.

b)In case of breach of any of the terms of agreement, the security deposit of the agency is liable to be forfeited. Any sum of money due, is payable to the agency including the security deposits refundable to him under the contract, can be appropriated by RGPPL against any amount which the agency may owe to RGPPL.

In the event of a dispute arising out in connection with the interpretation of any clause in the terms and condition of the contract, agreement, or otherwise the decision of Head of Project, RGPPL will be final and binding.

xix)Special conditions on coverage of employee’s provident fund

a. The agency shall be liable to extend Provident Fund benefits as provided under Employee’s Provident Fund Scheme to all employees from the date of their joining in the establishment as provided under para 26 of Employee’s Provident Fund Scheme - 1952.

b. The agency shall get their establishment covered under the Employee’s Provident Fund & Miscellaneous Provisions Act, 1952 and obtain independent PF Code No. directly from the appropriate Regional Provident Fund Commissioner.

c. The agency shall be liable to deduct the PF contribution from his Employee and deposit the contribution (Employees & Employers both) to the concerned Regional Provident Fund Commissioner before 15th day of every calendar month failing which RGPPL will take necessary action as deemed fit. d. After disbursement of wages (through bank payment), the agency shall submit certified copy of the wage sheet bank payment schedule to Officer-in-Charge latest by 15th day of every calendar month

for determination of Provident Fund Liability and other statutory obligations.

xx)Intentegrity pact (Applicable only for those tender when EMD amount exceeds Rs. 10,00,000): Bidders are required to unconditionally accept the “Integrity Pact” (executed on plain paper) as per the Annexure to the bidding documents (Section-II) which has been pre- signed by RGPPL and submit the same duly signed on all pages by the bidder’s authorized signatory along with the bid. Where the joint venture(s)/consortium are permitted to participate in the bid, the signing of Integrity pact (IP) by all JV Partner(s)/Consortium members is mandatory. Bidder’s failure to comply with the aforesaid requirement regarding submission of “Integrity Pact” (IP) shall be outright rejection of the bid and in such case the bids shall be returned unopened to the bidder.

The same has to be submitted along with the bid in a separate sealed envelope. Bids not accompanied by Integrity pact (IP) as per the requirement in a separate sealed envelope will be rejected and returned unopened to the Bidder. If RGPPL has terminated the contract pursuant to Section-3 of the Integrity Pact (IP), RGPPL shall encash the Contract Performance Bank Guarantee, in accordance with Section V of the Integrity pact.

90)These tender documents together with all its attachments / enclosures thereto, shall be considered to be read, understood and accepted by the bidders.

91)Security Deposit: As per GCC

92)Tax Deduction at Source (TDS)–

TDS shall be governed as per prevailing rules of Income Tax Act & GST Act

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

93)Important Notes for BoQ / SoR / Price Schedule

1.In the event of discrepancy between the rate quoted by the bidder as described in words and that stated in figures, the description in Words shall prevail.

2.Rates to be quoted both in figures and words. In case, the rate is not quoted in words, RGPPL reserves the right to reject the bid.

3.Evaluation shall be made on package basis.

4.In the event of an error occurring in the amount column of SoR/BOQ/Price Schedule as a result of wrong extension of the unit rate and quantity, the unit rate shall be regarded as firm and extended Price shall be amended on the basis of the unit rate.

5.Agency shall clearly mention the taxes, duties & levies applicable over their quoted rates, in case nothing is mentioned, quoted rates shall be construed as inclusive of all taxes, duties & levies. No Post BID request shall be entertained. As regard to income tax, Surcharge on Income-Tax and any other corporate Tax, RGPPL shall not bear any tax liability & as per the provisions of the Indian laws, RGPPL shall deduct Income-Tax at source from all the payments to be made to the Contractor in accordance with the provisions of Indian Income-Tax law as applicable from time to time and deposit the same to the concerned Government authorities.

6.These bidding documents together with all its attachments / enclosures thereto, shall be considered to be read, understood and accepted by the bidders, unless deviations are specifically stated seriatim by the bidder. However, if any additional conditions / variations are found in the proposal documents will not be given effect to. Any deviation will be loaded over & above the quoted price as per the standard RGPPL norms to arrive the bidder position for contract finalization.

7.The BOQ/SoR indicated is as envisaged. However, the executions of all the quantities in BOQ/SoR are not binding to RGPPL.

8.Increase or decrease in execution of BOQ will not affect the price of quantity executed.

9.HSN & SAC code to be filled by agency while quoting bid (if not mentioned by RGPPL specifically).

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Section-II

Qualifying Requirement/Criteria

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Qualification Requirement/Criteria

Qualifying Requirements for the Agency:

1.The bidder should have executed any of the following within preceding seven (07) years reckoned as on the date of technical bid opening –

a.One similar work of value not less than INR 5.38 Lacs.

OR

b.Two similar works of value not less than INR 3.36 Lacs each.

OR

c.Three similar works of value not less than INR 2.69 Lacs each.

Note –

Similar work means “Deployment of Vehicles

The word “executed” mentioned above means the bidder should have achieved the criteria specified above, even if the order has not been executed fully.

In case of order under execution, the value of work executed till the date of opening of technical bid as certified by the Client shall be considered.

2.The average annual turnover of the bidder in the preceding three (03) financial years as on date of technical bid opening shall not be less than INR 9.28 Lacs

Note –

Other income shall not be considered while computing annual turnover.

In cases where audited results for the last financial year are not available as on the date of technical bid opening, the financial results certified by a practicing Chartered Accountant shall be considered acceptable.

In case, the bidder is not able to submit the Certificate from a practicing Chartered Accountant certifying its financial parameters, the audited results of three consecutive financial years preceding the last financial year shall be considered for evaluating the financial parameters. Further, a certificate would be required from the CEO/CFO as per the format enclosed in the bidding documents stating that the financial results of the company are under audit as on the date of technical bid opening and the Certificate from the practicing Chartered Accountant certifying the financial parameters is not available.

In case of individuals / proprietors, copy of Income Tax Return filed under business / profession head for preceding three financial years is to be provided. ITR should be comprising of computation of income (if any) and ITR form with acknowledgement.

3.The bidder should have valid PAN and GST registration.

4.Notwithstanding anything stated above, RGPPL reserves the right to assess the capabilities and capacity of the bidder to perform the contract, should the circumstances warrant such assessment in the overall interest of RGPPL.

DOCUMENTS REQUIRED

A.Copies of Letter of Award / Work Order shall be submitted in support of Para 1 above along with Completion Certificate / Performance Certificate / any other document clearly establishing value of executed work and completion period. Certificate from Client as described under notes of Para 1 shall also be provided wherever required.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

B.Copies of audited Balance Sheet & Profit & Loss Account Statement confirming the turnover for preceding three financial years shall be submitted in support of Para 2 above. Certificate from practicing Chartered Accountant or CEO/CFO as described under notes of Para 2 shall also be provided wherever required. In case of individuals / proprietors, copy of Income Tax Return for preceding three financial years is to be provided along with computation of income (if any) and ITR form acknowledgement.

C.Copy of PAN Card and GST Registration Certificate in support of Para 3.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Section-III

Price Schedule / BoQ/ SoR

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Price Schedule / BoQ/ SoR

(Before filling BoQ bidders are advised to go through the “Important Notes for BoQ / SoR / Price Schedule” mentioned in tender document)

Non AC Passenger Bus on 24

Hrs. basis – Force Traveler /

1TATA Star Bus 26 seater + Per 36 DP capacity. First registration Month

of Jan-2020 or later.

Color- White (For CISF use) Total Amount (In figure) Total Amount (in words)

Note: Agency is not required to include fuel cost in above quote. Fuel cost will be paid for actual running of vehicle with mileage as specified in Clause No 7a Section IV.

SAC: ……………………………………………..

GST (in %): ………………………………………….

GST (in Amount): ……………………………………………………………………………………….

Total Amount including GST (In Figure): ......………………………………………………………

Total Amount including GST (In Words): ......………………………………………………………

Important Notes for BoQ / SoR / Price Schedule

1. In the event of discrepancy between the rate quoted by the bidder as described in words and that stated in figures, the description in Words shall prevail.

2. Rates to be quoted both in figures and words. In case, the rate is not quoted in words, RGPPL reserves the right to reject the bid.

3. Evaluation shall be made on package basis.

4. In the event of an error occurring in the amount column of SoR/BOQ/Price Schedule as a result of wrong extension of the unit rate and quantity, the unit rate shall be regarded as firm and extended Price shall be amended on the basis of the unit rate.

5. Agency shall clearly mention the taxes, duties & levies applicable over their quoted rates, in case nothing is mentioned, quoted rates shall be construed as inclusive of all taxes, duties & levies. No Post BID request shall be entertained. As regard to income tax, Surcharge on Income-Tax and any other corporate Tax, RGPPL shall not bear any tax liability & as per the provisions of the Indian laws, RGPPL shall deduct Income-Tax at source from all the payments to be made to the Contractor in accordance with the provisions of Indian Income-Tax law as applicable from time to time and deposit the same to the concerned Government authorities.

6. These bidding documents together with all its attachments / enclosures thereto, shall be considered to be read, understood and accepted by the bidders, unless deviations are specifically stated seriatim by the bidder. However, if any additional conditions / variations are found in the proposal documents will not be given effect to. Any deviation will be loaded over & above the quoted price as per the standard RGPPL norms to arrive the bidder position for contract finalization.

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Section-IV

Scope of work, Technical specifications

and Special terms & conditions

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

1.Scope of Work

a.The contractor shall deploy the vehicle at RGPPL Site along with uniformed driver (white shirt and black trouser). Fuel cost will be paid for actual running of vehicle with mileage as specified below in Clause 7 (a). The contractor shall also be responsible for regular maintenance, spares & consumables required for smooth running of deployed vehicle.

b.The Vehicle shall be deployed at RGPPL for 24 hrs basis on all days of the month as per RGPPL requirement.

c.The vehicle shall be required in all areas of RGPPL including but not limited to Power Block, Admin Block, high basin point, construction jetty, incinerator, intake pump house, township, etc. The vehicles may also be used for areas outside RGPPL based on RGPPL requirement.

2.Validity

a.Contract shall remain valid for a period of three years from the date of start as informed by EIC. Contract validity can be extended further at sole discretion of RGPPL for period of one year or part thereof at same rates, terms & conditions. Rate escalation is not allowed during the entire validity of contract including the extended period if any.

3.Engineer In-Charge

a.EIC for vehicle shall be communicated before start of contract.

4.Payment Terms

a.The payment for deployment of vehicles shall be made by RGPPL within 21 days from receipt of monthly bill from contractor complete in all aspects along with all relevant documents such as log book, fuel receipts, toll slips, parking slips, etc. duly certified by EIC.

b.GST as applicable shall be payable extra.

c.Income Tax and any other statutory levies / taxes / duties as applicable shall be deducted from the bill while making payment.

d.No interest shall be paid for any delay in payment.

5.Security Deposit: Security deposit will be deducted at the rate of 10 % at the time of making any payment to agency from the monthly RA Bills. The amount deducted towards SD will be released 100 % with the final RA bill.

OR

Alternatively, Vendor may submit Bank Guarantee in lieu of SD for a value of 10% of contract value. BG to be submitted within 30 days from the date of receipt of LOI / LOA, whichever is earlier. The same shall be valid for a period 3 months beyond the contract period (36+3 MONTHS) & will be returned after completion of contract. (Annexure-XXIX)

6.Vehicle

a.The contractor shall deploy diesel variant vehicles complying with applicable BS / emission regulations. The vehicle shall have Taxi Permit for plying in state of Maharashtra.

b.The vehicle provided at RGPPL should have first registration of January 2020 or later. Vehicle must be in white color only.

c.The vehicle should have power steering & should be equipped with all necessary requirements (i.e. fire extinguisher, first aid kits etc.)

d.The vehicle offered shall be registered in the name of the contractor only. If the

contractor desires to engage a new vehicle after receipt of LOA from RGPPL, then on

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

specific request, RGPPL shall agree to grant 45 days grace period to the contractor for procurement of the new Vehicle as per the tender specification.

e.In case the contractor avails grace period of 45 days as above, the contractor must provide equivalent vehicle from any source with first registration as mentioned at clause number- 6(b) in the interim period. If the contractor fails to provide vehicle owned by him/her within 45 days limit, then RGPPL may terminate contract for the said vehicle(s).

f.The contractor shall submit proof of taxes paid, Registration Book, Vehicle Insurance, Taxi Permit, Valid PUC etc. to the EIC for each hired vehicle. Original documents to be shown at the time of issue / renewal of vehicle pass.

g.The upholstery of the vehicle should be in excellent condition and to be maintained well throughout the contract period. All the tyres including stepney shall be in good road worthy conditions and in addition the vehicle shall have a necessary toolkit. If the condition of the vehicle is found unsatisfactory then the contractor should replace the vehicle immediately. The decision for clarifying the fitness of the vehicles will be given by RGPPL & will be considered final.

h.The speedometer and odometer (running distance meter) shall be kept in perfect working condition during the contract period. RGPPL reserves the right to verify the meter reading in case deemed necessary.

i.Change of Vehicle: In the event of change in ownership / Unserviceable condition of vehicle during the tenure of the contract by way of sale / major repair etc., the contractor shall propose the alternate vehicle conforming to the contract specification and submit all the relevant documents pertaining to the vehicle to the EIC for verification before the deployment.

7.Special Terms & Conditions

a.Cost of fuel shall be paid on the basis of actual running kilometers of the vehicle in a particular month. Contractor shall provide fuel receipts from nearby fuel pumps clearly indicating date of filling, vehicle number & rate of fuel for calculation of fuel cost. Mileage for fuel cost shall be as follows:

b.Monthly kms mentioned above is indicative only. There will be no effect on hiring charges if vehicle run more than 2500 kms.

c.Outstation Night halt charges will be Rs.300 per night provided lodging/ boarding is not arranged by RGPPL.

8.Operation and Maintenance of the Vehicles:

a.The vehicle shall be cleaned regularly both inside & outside and kept in well maintained road worthy condition with all standard fittings available throughout the contract period at their own cost.

b.The servicing / repairing of vehicle shall be carried out immediately on intimation of the controlling officer.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

c.One day in a month shall be allowed as off day with prior permission from the controlling officer for all types of services / maintenance work by the contractor and no deduction shall be made for this day. However, the kilometer running on the maintenance day shall not be taken in to account in the log book for payment.

d.The rate mentioned in the BOQ shall remain fixed for the hired period. The rates quoted by the contractor inclusive of all taxes, levies and salary of driver and insurance.

e.Toll tax, parking charges etc shall be reimbursed by RGPPL with monthly bill on production of receipts.

f.The driver(s) shall possess valid driving license, badge etc. as per the requirement of RTO rules and shall be literate and able to maintain logbook. They shall maintain discipline and perform under the direction of the controlling officer. The contractor has to comply with all statutory obligations towards engagement of drivers. They shall be well behaved, polite and courteous to the officer and staff.

g.The contractor shall instruct the driver to enter all RGPPL duty in the vehicle log book provided indicating the place of start, place(s) of the journey performed, Kms. travelled, reading (Starting & ending), name & designation of officer who performed the journey & his signature. Bills shall be processed with reference to the logbook.

h.The Contractor can raise the bill in the first week of every month for the vehicle running pertaining to the previous month.

i.Every day, the initial Kms. reading at the time of reporting and the final Kms. reading after completion of duty shall be got entered by the driver and should obtain signature of the officer at the start & end of journey for a particular date. Any difference in the final Kms reading for the previous day and initial Kms reading of the day of duty shall be to contractor’s account.

9.Default Liabilities:

a.The contractor shall deploy vehicle as per the programme / schedule given by RGPPL. Any noncompliance to the schedule shall be liable for deduction of minimum one-day proportionate charge of monthly rates, with additional penalty @ 25% of proportionate daily awarded rates shall be levied.

b.The deployed drivers shall obey / observe General Traffic Rules including specific speed limit at RGPPL Premises and not be rash and negligent in driving. For each incidence of over speeding / violation of traffic rules in RGPPL premises Rs.100/- per incident shall be levied as penalty.

c.The driver shall not take on-board unauthorized passengers while on RGPPL duty. For each such incidence an amount of Rs.100/- shall be recovered from the contractor’s bill as penalty.

d.In case of breakdown necessitating with drawl of vehicle, party shall provide RGPPL a replacement within a reasonable time of twenty-four hours of intimation. For such absence prorate deduction shall be applicable. In case replacement is not provided within 24 Hrs then there shall be pro-rata deduction on per day basis along with penalty @ 25% of prorate daily rate.

e.All the tyre(s) including the stepny shall be in good roadworthy condition. The contractor has to attend any specific complaint about the condition of the tyres. If the controlling officer is not satisfied with the condition of the tyre then penalty @ Rs.50/- per day shall be charged from the date of notice to the contractor, till the date of replacement with good condition tyre(s).

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

10.Termination of Contract:

If the performance of the contractor / vehicle is found repeatedly unsatisfactory on account of the following:

a.If any vehicles provided is found to be defective and the contractor fails to rectify the defects in three (03) days-time after giving the intimation or if the defects appear repeatedly the contractor may be asked to replace the vehicle with another vehicle in good running condition conforming to original specification of the contract. If the Contractor fails to replace the vehicle within seven (07) days of such notice the vehicle will be treated as withdrawn and could be terminated without further notice.

b.In case of involvement of the vehicle / driver / contractor in any unlawful illegal antisocial activities or in any action detrimental to the interest of RGPPL, RGPPL reserves the right to terminate the contract with immediate effect, without any notice.

c.RGPPL reserves the right to terminate this contract without assigning any reason by giving one-month notice.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

GENERAL TERMS & CONDITIONS FOR DEPLOYMENT OF VEHICLES AT RGPPL SITE

1.An Individual bidder shall be allowed to bid for all types of vehicles. The proposed Vehicles should be registered in the name of bidder only.

2.The Contract shall be on firm price basis throughout the contract period including the extended period if any. However, the reimbursement towards the fuel cost shall be based on the fuel payment receipts from nearby filling stations.

3.The Contractor shall engage only competent drivers with valid driving license and not less than 2 years relevant driving experience.

4.Deployment of the driver is to be done only after verification of their character & antecedents by the Contractor and provide such certification on Letterhead to RGPPL.

5.The driver should be neatly dressed and should wear formal dress while on RGPPL duty.

6.The driver should be provided with mobile phone for communication & shall carry the mobile phone & should be reachable over phone at all times during duty hours. The number of mobile phone and in case of change in number shall be intimated to the controlling officer. No Payment will be reimbursed from RGPLL towards these mobile phones.

7.The drivers shall not be allowed to report for duty and / or consume while on duty, alcoholic beverages or any other intoxicating substances.

8.In case any of drivers does not behave properly or does not keep the required time etc. RGPPL reserves the right to ask for replacement of the driver on three days notice.

9.The vehicles shall be parked at RGPPL premises or as may be agreed with the controlling officer after the daily duty hours.

10.There shall be no indiscriminate relation between RGPPL and drivers to be engaged by the Contractor.

11.The Contractor shall keep the vehicles insured against risk and pay all taxes as may be due.

12.The Contractor shall take necessary permission from local transport authority for deploying vehicles on commercial basis i.e. taxi permit. Contractor is required to produce necessary permission in original to the representative of RGPPL.

13.In case of any dispute / problem arising in respect of the agreement, the matter shall be resolved by mutual discussion and negotiation and neither party shall take recourse of any litigation as far as possible.

14.The Contractor alone shall be responsible and liable to meet all expenses towards hiring the services of driver to run their respective vehicle.

15.The Contractor shall be responsible for all violations pertaining to traffic, accident etc, and settle such claims directly. RGPPL shall not be responsible for any proceeding or claims arising out of hiring of your vehicle.

16.Indemnification: The Contractor shall indemnify and keep indemnified RGPPL from all the claims arising out of this contract execution other than those mentioned in BOQ including third party claims/liability whatsoever.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

SECTION-V

FORMS & ANNEXURES

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-I

BIDDER ’S PROPOSAL

(On Company’s Letter Head)

Date:

BIDDER ’s Proposal Ref.:

BIDDER’s Name and Address

Phone No._________________________

Mobile No.___________________________

Fax__________ Email id___________________

To,

DGM (C&M)

Ratnagiri Gas & Power Pvt. Ltd.,

Ratnagiri Gas & Power Project,

At: Anjawel, Tal. Guhagar,

Dist.: Ratnagiri – 415 703.

Dear Sir,

Sub.: Proposal for the work of ____________

Due for opening on ________against your tender No. ______

We the undersigned Bidder having read and examined in detail the tender documents for the subject work to be carried out against your above referred tender enquiry do hereby submit this proposal. We declare that the letter of award if awarded to us shall be strictly executed in accordance with your tender documents except for the variations and deviations all of which have been detailed out exhaustively in the deviation statement and attached to the proposal. We agree that any additional conditions if found in the proposal other than those stated in deviations schedule except those pertaining to any rebate offered shall not be given effect to. We also confirm that our offer shall remain valid for a period of 180 days from the date of opening of the tender.

We further confirm that the price schedule has been fully filled, signed and stamped and has been enclosed with this proposal. We also confirm compliance with the completion period indicated in the tender documents.

Thanking you,

Yours faithfully,

(SIGNATURE OF THE BIDDER)

Name

Designation

Company Seal

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-II

PROFORMA OF LETTER OF UNDERTAKINGS

(To be submitted by the Bidder along with his Bid)

(To be executed on non-judicial paper of requisite value)

Dear Sirs,

1.I*/We* have read, examined & understood the complete bid documents relating to the work of “______________________________________________________.

2.*/We* hereby submit our bid and undertake to keep our Bid valid for a period of six (6)

3.This undertaking is in consideration of RGPPL agreeing to open my/our bid and consider and evaluate the same for the purposes of award of Work in terms of provisions of clause entitled "Award of Contract" section in the Bid Documents. Should this Bid be accepted, I*/We* also agree to abide by and fulfill all the terms, conditions and provisions of the above-mentioned bid documents.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-III

Certificate of Acceptance of Important Conditions of Bidding

(To be submitted on BIDDER’s Letter Head)

With reference to the Tender No.: ______________________ dtd. _________, I/we hereby

confirm that I/we have read the provisions of the following clauses and further confirm that notwithstanding anything stated elsewhere to the contrary, the stipulation of the clauses are acceptable to me/us, and we have not taken any deviation to these clauses:

a)Bid Guarantee (EMD).

b)Terms of Payment.

c)Penalty & Liquidated damages Clauses.

d)Contract Performance Guarantee.

e)Contract Termination Clause.

f)Fraud Prevention Policy.

g)Safety norms & General Environmental guidelines of RGPPL.

We hereby declare that only the persons or firms interested in this proposal as principal or principals are named herein and that no other persons or firms other than those mentioned herein, have any interest in this proposal or in the Contract to be entered into, if we are awarded the contract, that this proposal is made without any connection with any other person, firm or party likewise submitting a proposal, and that this proposal is in all respects for and in good faith, without collusions or fraud.

Date this ______________ Day of _______________ 2020 _________

Thanking you, we remain

Yours faithfully:

For on behalf of...

Strike out whichever is not applicable.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-IV

Proforma of Letter of Authority for Attending the Bid Opening

(To be submitted on BIDDER’s Letter Head)

To,

RATNAGIRI GAS AND POWER PRIVATE LIMITED,

AT & POST: ANJANWEL, TAL: GUHAGAR,

DISTT: RATNAGIRI, MAHARSHTRA.

PIN 415 634

Atten:………………………..

Dear Sirs,

We …………………………………………… hereby authorize following representative(s) to attend the

technical bid opening and priced bid opening against your Bid No._____ dtd. ______ for ______

_________________________________(item name) …………………………………

We confirm that we shall be bound by all and whatsoever our representative(s) shall commit.

Yours Faithfully,

Signature………………………………

Name…………………………………..

Designation………………………….

For & on behalf of……………….

Seal………………………………………

Note: This Letter of Authority should be signed by a person competent and having the power of attorney.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-V

Form of acceptance of Fraud Prevention Policy

Name of Contract: __________________________________________________

To,

RATNAGIRI GAS AND POWER PRIVATE LIMITED,

At & Post: Anjanwel,

Tal.: Guhagar,

Dist.: Ratnagiri,

Maharshtra, India – PIN 415 634

Phone: 02359 – 241 134, Fax: 02359 – 241 093

Ladies and Gentlemen:

We have read & understood the contents of the Fraud Prevention Policy and undertake that we along with our associates/collaborator/subcontractor/sub-vendors/consultants/ service providers/personnel shall strictly abide by the provision of the Fraud Prevention Policy of RGPPL.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure- VI

RTGS Format

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-VII

Vendor Information Form

Bidders are requested to furnish the following information & enclose the valid documentary evidence against the same:

Bidders are requested to enclose the copy of supporting document along with the bid for verification.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-VIII

AGREED TERMS & CONDITIONS

To,

M/s RGPPL

Tender No.: __________________________ dtd. __________

This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and should be returned along with Un-priced Bid. Clauses confirmed hereunder need not be repeated in the Bid.

19Confirm that all Bank charges associated with Bidder’s Bank shall be borne by Bidder.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

1Is the BG on non-judicial stamp paper/e-stamp paper of appropriate value, as per Stamp Act?

Whether date, purpose of purchase and name of the purchaser are indicated on the stamp paper? (The date of purchase of stamp paper should be of any date on or before the date of execution of BG and

2the stamp paper should be purchased either in the name of the executing Bank or the party on whose behalf the BG has been issued. The stamp papers (other than e-stamp paper) should be duly signed by the stamp vendor.)

3In case of BGs from Banks abroad, has the BG been executed on Letter Head of the Bank?

4Has the executing Officer of BG indicated his name, designation and Power of Attorney No. / Signing Power no. etc., on the BG?

Is each page of BG duly signed /initialed by executant and whether

5stamp of Bank is affixed thereon? Whether the last page is signed with full particulars under seal of Bank as required in the prescribed proforma?

6Does the Bank Guarantees compare verbatim with the Proforma prescribed in the Bid Documents?

7Are the factual details such as Bidding Document No./Specification No., Amount of BG and Validity of BG correctly mentioned in the BG?

8Whether overwriting/cutting if any on the BG have been properly authenticated under signature & seal of executant?

9Whether the BG has been issued by a Bank in line with the provisions of Bidding documents?

In case BG has been issued by a Bank other than those specified in

10Bidding Document, is the BG confirmed by a Bank in India acceptable as per Bidding documents?

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-X

CERTIFICATE OF NIL DEVIATIONS

(To be submitted by the Bidder along with his Bid)

Dear Sir,

1.With reference to our Bid submitted against the tender, we hereby confirm that we comply with all terms, conditions and specifications of the Bidding Documents read in conjunction with Amendment(s) / Clarification(s) / Addenda/Errata (if any) issued by RGPPL prior to opening of TechnoCommercial Bids and the same has been taken into consideration while making our TechnoCommercial Bid & Price Bid and we declare that we have not taken any deviation in this regard.

2.We understand that in case the Products and/or Services offered do not meet the Technical requirements, then our bid shall be rejected as Technically non responsive

We also confirm that in case we refuse to withdraw additional conditions/deviations/variations/exception, implicit or explicit, found anywhere in the technocommercial bid, our bid shall be rejected as Technically nonresponsive.

We further confirm that if any deviation/variation in any form is found in our Price Bid, the EMD shall be forfeited.

Signature along with Seal of Company

..............................................

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XI

FRAUD PREVENTION POLICY

1.0POLICY OBJECTIVES: The “Fraud Prevention Policy” has been framed to provide a system for detection and prevention of fraud, reporting of any fraud that is detected or suspected and fair dealing of matters pertaining to fraud. The policy will ensure and provide for the following: -

a.To ensure that management is aware of its responsibilities for detection and prevention of fraud and for establishing procedures for preventing fraud and/or detecting fraud when it occurs.

b.To provide a clear guidance to employees and others dealing with RGPPL forbidding them from involvement in any fraudulent activity and the action to be taken by them where they suspect any fraudulent activity.

c.To conduct investigations into fraudulent activities.

d.To provide assurances that any and all suspected fraudulent activity will be fully investigated.

2.0SCOPE OF POLICY: The policy applies to any fraud, or suspected fraud involving employees of RGPPL (all full time, part time or employees appointed on adhoc/temporary/contract basis) as well as representatives of vendors, suppliers, bidder’s, consultants, service providers or any outside agency(ies) doing any type of business with

RGPPL.

3.0DEFINITION OF FRAUD: "Fraud" is a willful act intentionally committed by an individual(s) - by deception, suppression, cheating or any other fraudulent or any other illegal means, thereby, causing wrongful gain(s) to self or any other individual(s) and wrongful loss to other(s). Many a times such acts are undertaken with a view to deceive/mislead others leading them to do or prohibiting them from doing a bonafide act or take bonafide decision which is not based on material facts."

4.0ACTIONS CONSTITUTING FRAUD: While fraudulent activity could have a very wide range of coverage, the following are some of the act(s) which constitute fraud.

The list given below is only illustrative and not exhaustive: -

a.Forgery or alteration of any document or account belonging to the Company.

b.Forgery or alteration of cheque, bank draft or any other financial instrument etc.

c.Misappropriation of funds, securities, supplies or others assets by fraudulent means etc.

d.Falsifying records such as pay-rolls, removing the documents from files and /or replacing it by a fraudulent note etc. Willful suppression of facts/deception in matters of appointment, placements, submission of reports, tender committee recommendations etc. as a result of which a wrongful gain(s) is made to one and wrongful loss(s) is caused to the others.

e.Utilizing Company funds for personal purposes.

f.Authorizing or receiving payments for goods not supplied or services not rendered.

g.Destruction, disposition, removal of records or any other assets of the Company with an ulterior motive to manipulate and misrepresent the facts so as to create suspicion/suppression/cheating as a result of which objective assessment/decision would not be arrived at.

h.Any other act that falls under the gamut of fraudulent activity.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

5.0REPORTING OF FRAUD:

a.Any employee (full time, part time or employees appointed on adhoc/temporary/contract basis), representative of vendors, suppliers, bidders, consultants, service providers or any other agency(ies) doing any type of business with RGPPL as soon as he / she comes to know of any fraud or suspected fraud or any other fraudulent activity must report such incident(s). Such reporting shall be made to the designated Nodal Officer(s), nominated in every project/ HQ. If, however, there is shortage of time such report should be made to the immediate controlling officer whose duty shall be to ensure that input received is immediately communicated to the Nodal Officer. The reporting of the fraud normally should be in writing. In case the reporter is not willing to furnish a written statement of fraud but is in a position to give sequential and specific transaction of fraud/suspected fraud, then the officer receiving the information/Nodal Officer should record such details in writing as narrated by the reporter and also maintain the details about the identity of the official / employee / other person reporting such incident. Reports can be made in confidence and the person to whom the fraud or suspected fraud has been reported must maintain the confidentiality with respect to the reporter and such matter should under no circumstances be discussed with any unauthorized person.

b.All reports of fraud or suspected fraud shall be handled with utmost speed and shall be coordinated by Nodal Officer(s) to be nominated.

c.Officer receiving input about any suspected fraud/nodal officer(s) shall ensure that all relevant records documents and other evidence is being immediately taken into custody and being protected from being tampered with, destroyed or removed by suspected perpetrators of fraud or by any other official under his influence.

6.0INVESTIGATION PROCEDURE:

a.The "Nodal Officer" shall, refer the details of the Fraud/suspected fraud to the HR Department of RGPPL, for further appropriate investigation and needful action.

b.This input would be in addition to the intelligence, information and investigation of cases of fraud being investigated by the HR of their own as part of their day to day functioning.

c.After completion of the investigation, due & appropriate action, which could include administrative action, disciplinary action, civil or criminal action or closure of the matter if it is proved that fraud is not committed etc. depending upon the outcome of the investigation shall be undertaken.

d.HR shall apprise "Nodal Officer" of the results of the investigation undertaken by them. There shall be constant coordination maintained between the two.

7.0RESPONSIBILITY FOR FRAUD PREVENTION:

a.Every employee (full time, part time, adhoc, temporary, contract), representative of vendors, suppliers, bidders, consultants, service providers or any other agency(ies) doing any type of business with RGPPL, is expected and shall be responsible to ensure that there is no fraudulent act being committed in their areas of responsibility/control. As soon as it is learnt that a fraud or suspected fraud has taken or is likely to take place they should immediately apprise the same to the concerned as per the procedure.

b.All controlling officers shall share the responsibility of prevention and detection of fraud and for implementing the Fraud Prevention Policy of the Company. It is the responsibility of all controlling officers to ensure that there are mechanisms in place within their area of control to:

Familiarize each employee with the types of improprieties that might occur in their area.

Educate employees about fraud prevention and detection.

Create a culture whereby employees are encouraged to report any fraud or suspected fraud which comes to their knowledge, without any fear of victimization.

Promote employee awareness of ethical principles subscribed to by the Company through CDA Rules.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XII

DECLARATION ON BANNING POLICY

To

AGM (C&M)

Ratnagiri Gas & Power Pvt. Ltd.,

Ratnagiri Gas & Power Project,

At: Anjawel, Tal. Guhagar,

Dist.: Ratnagiri – 415 634.

i.We have read the contents of the Banning Policy of RGPPL displayed on its tender website http://www.rgppl.com and agree to abide by this policy. Further, in terms of requirement under Banning policy we hereby declare the following:

1.We have not been Banned/Blacklisted as on date of submission of bid by Ministry of Power or Government of India.

2.We have not employed any public servant dismissed/removed or person convicted for an offence involving corruption or abetment of such offences.

3.Our Director(s)/Owner(s)/Proprietor/Partner(s) have not been convicted by any court of law for offences involving corrupt and fraudulent practices including moral turpitude in relation to business dealings with Government of India or NTPC or RGPPL during the last five years.

ii.We further declare as under:

that if at any point subsequent to award of Contract, the declarations given above are found to be incorrect, RGPPL shall have the full right to terminate the Contract and take any action as per applicable laws for breach of contract including forfeiture of Bid Security/Performance Bank Guarantee.

Signature along with Seal of Company

..............................................

*While referring the policy, NTPC is to be read as RGPPL.

**While referring the policy, at S.no.3 clause vi), www.ntpctender.com shall be replaced & read as www.rgppl.com.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XIII

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XIV

Proforma for Bank Guarantee for "EMD"

(Applicable only in case of value of EMD is above INR 50,000)

(To be stamped in accordance with Stamp Act)

(The non-judicial stamp paper should be in the name of issuing bank)

Bank Guarantee No. …………………

Date………………………………………….

To,

Ratnagiri Gas and Power Pvt. Ltd.,

At & Post: Anjanwel,

Taluka: Guhagar,

District: Ratnagiri –

Maharashtra-415634

Dear Sirs,

In accordance with Invitation for Bids under your Bid Document No.……………………..………….,

M/s…………………………………(***)…………………………………………… having its registered/Head Office at

…………………………………………………………. (hereafter called the ‘Bidder’) wish to participate in the said

Bid for (Name of package)……………………………………………………………………………………………..

As an irrevocable Bank Guarantee against Bid Security for an amount of

……………….……………………..(*) ………………………………… valid for …………….……………………….. days from

………………………………….(**) ……………….…………………. required to be submitted by the Bidder as a

condition precedent for participation in the said bid which amount is liable to be forfeited on the happening of any contingencies mentioned in the Bidding Documents.

We, the ……………………………………… [Name and address of the Bank]…………………………………………

having our head office at ………………………………..(#)……………………………………. guarantee and

undertake to pay immediately on demand by …….……………………….. (Name of the

Employer)……………………., (hereinafter called the ‘Employer’)………………………………………… the

amount of ………………………….(*)……………………………… without any reservation, protest, demand

and recourse. Any such demand made by the Employer shall be conclusive and binding on us irrespective of any dispute or difference raised by the Bidder.

This guarantee shall be irrevocable and shall remain valid up to ………………….. (@)………………... If

any further extension of this guarantee is required, the same shall be extended to such required

period (not exceeding one year) on receiving instructions fromM/s

……………………………………….[Bidders name]……………………………………… on whose behalf this guarantee

is issued.

In witness whereof the Bank, through its authorized officer has set its hand and stamp on this

……………………………… Day of …………….2020……… at ………….

……………………………………………….

(Signature)

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

………………………………………………

(Name)

………………………………………………….

(Designation with Bank Stamp)

Vide authorized

Power of Attorney No.…………………………..

Date ……………………………………………………….

NOTE:

i)(*) The amount shall be as specified in the bidding documents. (**) This shall be the date of opening of bids.

(#)Complete mailing address of the Head Office of the Bank to be given.

(@) This date shall be minimum forty-five (45) days beyond the validity of bid.

(***) Write the name and addresses of all the Joint Venture partners, in case the bid is submitted by a Joint Venture in terms of Qualifying Requirements.

ii)The Bank Guarantee (BG) shall be from a bank as per provisions of the bidding documents.

iii)The BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the State where the BG is executed, whichever is higher. The Stamp Paper/e-Stamp paper shall be purchased in the name of Bidder/Bank issuing the guarantee.

iv)While getting the Bank Guarantee issued, bidders are required to ensure compliance to the points mentioned in Bank Guarantee Verification Check List in the bidding documents. Bidders are required to fill up this Check List and enclose the same along with the Bank Guarantee.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XV

Dear Sirs,

Subject: Extension of Bank Guarantee No. ………………………………………..dated …………………….for

………………[indicate value of bank guarantee]……………………favouring yourselves expiring on

…………………… on account of M/s…………………(Name of Bidder)…………… in respect of Contract for

(Insert Package name)………………………………..(Insert Project Name) ……………….…………….project,

Contract No. ………………………… dated …………………………….

(hereinafter called original Bank Guarantee)

At the request of M/s……………………………………………………… we ………………………………… Bank branch

office at ……………………………………. and having its Head office at ……………………………………………. do

hereby extend our liability under the above mentioned guarantee No…………………… dated….…..

for a further period of ……………… year/months from ………………………to expire on……………………..

Except as provided above, all other terms and conditions of original Bank Guarantee No. ……………………………… dated…………………hall remain unaltered and binding.

Please treat this as an integral part of the original guarantee to which it would be deemed to have been attached.

………………………………………………...

(Signature)

…………..…………………..……………….

(Name)

…………………………..………..……………..

(Designation with Bank Stamp)

Authorised vide

Power of Attorney No…..

Date……………………

Dated …………………………..

SEAL OF BANK

Note:

a)@ The extension of the Bank Guarantee should be forwarded to the Unit/Project/Corporate Centre, from where the extension has been sought.

b)The extension of BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the State where the BG is executed, whichever is higher. The Stamp Paper/e-Stamp paper shall be purchased in the name of

Bidder/Bank issuing the guarantee.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XVI

PROFORMA BANK GUARANTEE FOR CONTRACT PERFORMANCE

(To be stamped in accordance with stamp Act)

(The non-judicial stamp paper should be in the name of issuing bank)

Dear Sirs,

In consideration of the Ratnagiri Gas and Power Pvt. Ltd., (hereinafter referred to as the 'Owner', which expression shall unless repugnant to the context or meaning thereof

at……………………………………………………………………..(hereinafter referred to as the 'Contractor',

which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a Contract by issue of Owner's Letter of award No…………dated………….and the same having been unequivocally accepted by the

Contractor resulting in a 'Contract’ bearing No…………. dated………….valued

at………………….for……………………………………………………………(Scope of Contract)

and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire Contract equivalent to * % (percent) of the said value of the Contract to the Owner.

We …………………………………………………………………………………, having its Head Office (Name &

address) at ------------------------ (hereinafter referred to as the 'Bank', which expression shall,

unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any and all monies payable by the Contractor to the extent of --------- as aforesaid at any time

upto ……………………… without any demur, reservation, contest, recourse or protest and/or

(Days/month/year) without any reference to the Contractor. Any such demand made by the Owner on the Bank shall be conclusive and binding notwithstanding any difference between the Owner and Contractor or any dispute pending before any court, tribunal or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee.

The Owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vested in the m or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Owner and the Contractor or any other course of or remedy or security available to the Owner. The Bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other acts of omission or commission on the part of the Owner or any other indulgence shown by the Owner or by any other matters or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the Owner at its option shall be entitled to enforce this (SealGuarantee against the Bank as a principal debtor, in the first instance without

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

proceeding against the Contractor and notwithstanding any security or other guarantee that the Owner may have in relation to the Contractor's liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to …………. and it shall remain in force upto and including **…………………. and

shall be extended from time to time for such period (not exceeding one year), as may be

desired by M/s …………………… whose behalf this guarantee has been given .

NOTE:

a)*This sum shall be ten percent (10%) of the Contract Value.

b)PBG to be submitted within 30 days from date of issue of LOA/LOI whichever is earlier.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

NOTE: Guarantee from any foreign bank shall be confirmed by A SCHEDULED/NATIONALISED BANK IN INDIA.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XVIII

PERFORMANCE CERTIFICATE REGARDING LABOUR PAYMENT AND STATUTORY

REQUIREMENTS

CERTIFICATE NO – CCP – 9

(TO BE ISSUED BY THE CONTRACTOR)

Name of the Package : ___________________________________________

Letter of Award / Contract No: __________________________________________

This is to certify that we have made all labour payment including PF liabilities in respect of the above-mentioned LOA/Contract ______________ dtd. _______ & no other

payment in this regard is pending from us. Further we confirm that all statutory requirements have been complied with by us & in case any default is reported against us, we shall be solely responsible for the same.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XIX

We____________________________________________________________________

do hereby acknowledge and confirm that we have received the full and final payment due and payable to us from Ratnagiri Gas & Power Project Pvt. Ltd In respect of the aforesaid LOA No -

Datedincluding amendments, if any, issued by Ratnagiri Gas & Power

Project Pvt. Ltd., to our entire satisfaction and we further confirm that we have no claim whatsoever pending with Ratnagiri Gas & Power Project Pvt. Ltd., under the said contract.

Notwithstanding any protest recorded by us in any correspondence, documents, measurement books and / or final bill etc. we waive all our rights to lodge our claim or protest in future under this contract.

We are issuing this “NO DEMAND CERTIFICATE” in favour of Ratnagiri Gas & Power Project Pvt. Ltd., with full knowledge and with our free consent without any undue influence, misrepresentation, coercion, etc.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XX

GENERAL SAFETY OBLIGATION TO AGENCIES

1.Contractor has to arrange for all the safety equipments like safety shoes, Helmets, goggles, gloves, safety belts etc required for safety of their workers working at site.

2.The contractor shall issue photo entry pass for their personnel to be deployed inside plant, which they shall be required to display prominently during the period of their stay within the company premises.

3.The contractor shall obtain proper gate pass for entries and exists of all materials and equipments inside the plant.

4.Liabilities for Safety at site shall be strict in the observance of the existing safety and accident prevention regulations of RGPPL.

6.The Contractor shall have the group insurance/Workman’s compensation policy for the working manpower at site looking the scope of work and as per the statutory rules for the complete period of contract.

7.The Contractor shall ensure proper safety to all the workman, materials, plant and equipments belonging either to him or to other agencies or to RGPPL at the Site.

8.The Contractor will notify well in advance to the Engineer-in-charge of his intention to bring to the site any container filled with liquid or fuel or gas or explosive or petroleum substance which may involve chemical hazards, The Engineer-in-Charge shall have the right to prescribe the terms and conditions under which such container is to be handled and used during the performance of the works and the Contractor shall strictly adhere to and comply with such instructions. The Engineer-in-Charge shall have the right at his sole discretion to inspect any such container or such construction plant for which material in the container is required to be used and if in his opinion, its use is not safe, he may forbid its use,

9.All equipments used in construction and direction by Contractor shall meet Indian/International standards and where such standards do not exist, the Contractor shall ensure these to be absolutely safe. All equipments shall be strictly operated and maintained in accordance with manufacturer's operation manual and safety instructions and as per guidelines of RGPPL in this regard.

10.Periodical examinations and all tests for lifting/hoisting equipments and tackles shall be carried out in accordance with the relevant provisions of factories Act. 1948, Indian Electricity Act. 1910 and other applicable laws/rules in force from time to time. A register of examinations and tests shall be properly maintained and will be promptly produced as and when desired by Engineer - in -Charge or by the person authorized by him.

11.The Contractor shall fully responsible for the safe storage of his and his sub-Contractor's radio-active source in accordance with BAFO/DAE in connection with use storage and will be promptly taken by Contractor.

12.The Contractor shall provide suitable safety equipments of prescribed standard to all employees and workman according to the need or as may be directed by Engineer-in-Charge who will also have right to examine these safety equipments and determine their suitability, reliability, acceptability and adaptability.

13.Where explosives are to be used, the same shall be used under the direct control and supervision of an expert, experienced, qualified and competent person strictly in accordance with the code or practices/rules framed under Indian Explosives Act, pertaining to handling, storage and use of the explosives.

14.The Contractor shall provide safe working conditions to all workman and employees at the site including safe means of access railing, stairs, ladders, scaffoldings, etc. The scaffoldings shall be erected under the control and supervision of an experienced and competent person. For erection, good and standard quality of material shall be used by the Contractor.

15.The Contractor shall not interfere or disturb electric, fuses, cables and other electrical equipments belonging to RGPPL or other Contractor under any circumstances, whatsoever unless expressly permitted in writing by RGPPL to handle such fuses, cables or electrical equipment.

16.No weight of any description will be imposed on any cable and no ladder or similar equipment shall rest against or attached to it unless expressly permitted to do so by RGPPL.

17.No repair work shall be carried out on any live equipment. The equipment must be declared safer by engineer - in- charge and a permit to work shall be issued by Engineer-in-Charge before any repair work is carried out. While working on electric line/equipments whether alive or dead, suitable type and sufficient quantity of tools will have to be provided by Contractor to electricians/workmen/officers.

18.The Contractor shall employ necessary number of qualified, full time electricians/ Electrical. Supervisors to maintain his temporary electrical installations.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

As determined by the workmen compensation commissioner under Workmen’s Compensation Act 1923 and any subsequent amendment.

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

19.The Contractor employing more than 250 workmen, whether temporary, casual, probationer regular or permanent or on contract, shall employ at least one full time exclusively as safety officer to supervise safety aspects of the equipments and workman who will coordinate with the project safety officer. In case of work being carried out through Sub-Contractor the sub-Contractor's workman/employees will also be taken in to account as for the Contractors workman/employees, purpose of observing safety precautions and appointing safety officer. The name and address of such safety officer or Contractor will be promptly informed in writing to Engineer - in - Charge with a copy to project safety officer-in-Charge

20.In case of any accident occurs during the construction/erection or associated activities undertaken by the Contractor thereby causing any minor or major or fatal injury to his employees due to any reason, whatsoever, it shall be the responsibility of the Contractor to promptly inform the same to RGPPL's Engineer - in - Charge in prescribed form and also to all the authorized envisaged under the applicable laws.

21.The Engineer -in - charge shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the workmen and equipments. In such cases, the Contractor shall be informed about the nature of hazards and possible injury/accident and he shall comply to remove shortcomings promptly. The Contractor shall stopping the specific work, can, if felt necessary, appeal against the order or stoppage the specific work to the General Manager of the project within 15 days of such stoppage of work and his decision in this respect shall be conclusive and binding on the Contractor.

22.The Contractor shall not have any right to claim any damages/compensations for stoppage of work due to safety reasons as provided in para 21.0 above and the period of such stoppage of work will not be taken as an extension of time for completion of work and will not be exempted for purpose of levy of liquidated damages.

23.The Contractor shall follow and comply all RGPPL safety instructions and codes, relevant provisions of applicable laws pertaining to the safety of workmen, employees, plant and equipment as may be applicable from time to time without any demur, protest or contest or reservation. In case of conflict, the statutory provision shall over ride RGPPL instructions on any particular safety measure.

24.If the Contractor fails in providing safe working environment as per the safety instructions/ codes etc. or continues the work even after being instructed to stop work by Engineer-in -charge as provided in para 21.0 above, the Contractor shall be liable to promptly pay on demand by RGPPL such compensation amount per day or thereof as may be determined by the Engineer-in-charge, which shall not exceed Rs. 5,000/- per day or the actual loss suffered by RGPPL whichever is more. However, in case of accident taking place causing injury in any individual their provision contained in para 26.0 shall also apply in addition to the compensation mentioned in this para.

25.In case of continued violation of RGPPL safety instructions and codes and applicable laws which are prepared to ensure safety to men and material and plant and equipment or Contractor's will failure to comply with instructions of Engineer-in-Charge as aforesaid RGPPL shall have the right at its sole discretion of debar such Contractor’s for award of any contract in future, Further RGPPL shall not permit its Contractor’s also to award any of their sub- Contractor’s to any such defaulting Contractor’s under any circumstances, whatsoever.

26.If the Contractor does not take all safety precautions and/or fails to comply with the safety instructions as prescribed by RGPPL or under the applicable law for the safety of the equipment and plant and for the safety of its workmen and the Contractor does not prevent hazardous conditions which cause injury to his own employees who are working at site or adjacent thereto, the Contractor shall be responsible for payment of compensation to RGPPL as per the following schedule.

a) Fatal injury or accident causing death of workmen or employees

b) Major injuries or accident causing 25% or more permanent disablement to workmen or employee

27.The Compensation mentioned above shall be in addition to the compensation payable to the workmen/employees under the relevant provisions of the workmen's compensation Act & Rules framed there under or any other applicable laws as applicable from time to time. In case RGPPL is made to pay such compensation then the Contractor is bound to reimburse RGPPL such amount in addition to the compensation indicated above.

28.If the Contractor observes all the safety instruction, Laws and Rules during the currency of contract awarded by RGPPL and no accident (Fatal or major or minor accident/ injury) occurs to any of its workmen or equipment due to noncompliance of safety instructions and applicable law then RGPPL may consider the performance of the Contractor and award suitable "ACCIDENT FREE SAFETY MERITORIOUS AWARD" as per scheme detailed/ announced separately to such Contractor after successful completion of their contracts, which apart from monetary benefit may add to the Contractor’s qualification competing for other contracts of RGPPL.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXI

GENERAL ENVIRONMENTAL OBLIGATIONS TO AGENCIES

1.Ratnagiri Gas & Power Pvt. Ltd (RGPPL) environmental policy is documented implemented and maintained at RGPPL and shall be available to all interested parties on demand.

2.We expect our business partners to adhere to the requirements of our Environmental policy, salient features of which are:

a.Continual improvement in its environmental performance

b.Control and prevention of pollution

c.Conservation of natural resources

d.Waste minimisation

e.Compliance with regulatory requirements

f.Creating environmental awareness to its employees and associates working with it.

3.Accordingly, all the successful bidders shall also be responsible to act and comply towards our Environmental Policy. They shall also extend full co-operation to the authorized representative of RGPPL to achieve the objective of the Environment Policy.

4.The successful bidder may note that:

ii.The personnel employed by them have requisite knowledge to carry out the job entrusted to them in an environmentally conscious way and are aware of RGPPL Environment Policy. In case they require any clarification in the Environment Policy and its objectives, they can contact the Engineer-in-Charge for the same.

iii.The personnel engaged by them use the required personnel protective equipments while at work, wherever required.

iv.They should ensure that water, fuel and energy are used judiciously i.e. water & power points are closed/put off when not in use.

v.Limit to the speed limits while driving.

vi.For the hired vehicles of RGPPL the smoke emission from vehicles shall be as per norms laid down by Motor Vehicle Act, which is subject to change from time to time. Necessary PUC Certificate shall be produced to RGPPL officials on demand.

vii.The vehicles employed by them meet the requirement of the PUC norms. Check the vehicles for energy efficiency, vehicular emission, oil leakages, tyre pressure etc regularly and correct if needed.

viii.Any oil/chemical leakage shall be immediately brought to the notice of Engineer-in-Charge so that corrective action is taken quickly to avoid any water/land/air contamination.

ix.Care shall be taken while filling/removal of oil from the equipments that no spillage take place.

Any used oil removed from the equipment shall be filled in drum marked as “Used Oil Drums”.

x.Proper housekeeping shall be done after maintenance activity. The waste/garbage collected from various site by housekeeping contact personnel shall be disposed as per instructions of Engineer-in- Charge.

xi.Use recyclable material to the extent possible in packing.

xii.Take all precautions as necessary while carrying hazardous chemicals and hazardous wastes.

a.Insist for MSDS for hazardous chemicals and TREM card for hazardous wastes.

b.Comply with the requirements of Hazardous Chemicals (Handling & Management) (Amendment) Rules, 2003 and or Hazardous Wastes (Management, Handling and Trans- boundary Movement) Rules, 2008.

c.Comply with the provisions of Motor Vehicle Act1988.

xiii.Inform the Shift In-charge at 321, 331 or 332 in case of any accidents/emergency within the plant premises.

5.Any non-conformity or act which may be detrimental to the RGPPL Environmental Policy and to the environmental objectives and targets shall be dealt in by RGPPL sternly and suitable action may be taken as deemed fit.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXII

Form of Indemnity Bond to be executed by the contractor for the equipment handed over by RGPPL for the performance of its contract (Entire Equipment consignment in one Lot)

(On Non-Judicial stamp paper of appropriate value)

INDEMNITY BOND

__________________(hereinafter called the ‘Contractor’ or ‘Obligor’ which expression shall include its

successors and permitted assigns) in favour of RGPPL, a company incorporated under the Companies Act, 1956, having its Registered Office at Core-7 Scope Complex, Institutional Area, Lodi Road, New Delhi- 110 003, INDIA (hereinafter called ‘RGPPL’ {abbreviated name of Employer} which expression shall include its successors and assigns):

WHEREAS ………………@ …………. ……. has awarded to the contractor a contract for ……………… vide its

Letter of award / Contract No…………….. dated ……………….and its amendment no. …………………(applicable

when amendment have been issued) (hereinafter called the “Contract”) in terms of which …..@...... is

required to hand over various equipments to the Contractor for execution of the Contract.

And WHEREAS by virtue of Clause No. ………. of the said contract, the Contractor is required to execute

an Indemnity Bond in favour of ……@ ……for the Equipments handed over to it by ……@ …… for the

purpose of performance of the Contract / Erection portion of the contract (hereinafter called the ‘Equipments’)

AND THEREFORE Indemnity Bond witness as follows:

1.That the consideration of various Equipments as mentioned in the Contract, valued at (amount in

Fig)……………………..(amount in words) …………….handed over to the Contractor for the purpose of performance of the Contract, the Contractor herby undertakes the indemnify and shall keep ………..@

……….indemnified, for the full value of the Equipments. The Contractor hereby acknowledges actual receipt of Equipment etc. as per dispatch title documents handed over to the Contractor as detailed in the Schedule appended hereto. The Contractor shall hold such Equipment etc. in trust as a “Trustee” for and on behalf of ……..@............

@ fill in abbreviated name of Contractor.

2.That the Contractor is obliged and shall remain absolutely responsible for the safe transit/

Protection and custody of the Equipment at ………………….. @ .................. project site against all risks whatsoever till the Equipments are duly used / erected in accordance with the terms of the Contract and the plant / package duly erected and commissioned in accordance with the terms of the Contract is taken over by …………………. @ …………………. . The Contractor undertakes to keep

.................. @ ………………….. harmless against any loss or damage that may be caused to the

Equipments.

The Contractor undertakes that the Equipments shall be used exclusively for the performance / execution of the Contract strictly in accordance with its terms and conditions and no part of the equipment shall be utilized for any other work of purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of

the Contractor for all intents and purpose including legal/penal consequences.

3.That ………………….. @ ................... is and shall remain the exclusive owner of the equipments free from all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at all times be open to inspection and checking by the Project Manager or other employees/ agents authorized by him in this regard. Further, …………………. @ ………………….. shall always be free at all times to take possession of the Equipments in whatever form the Equipments may be, if in its opinion, the equipments are likely to be endangered, mis-utilised or converted to uses other than those specified in the Contract, by any acts of omission or com- mission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of …………………… @ …………………….

to return the Equipments without any demur or reservation.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

4.That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipments or the same or any part thereof is mis-utilised in any manner whatsoever, then the Contractor hereby agrees that the decision of the Project Manager of ………………….. @ …………………..

as to assessment of loss or damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged Equipments at its own cost and/or shall pay the amount of loss to ……………………. @ …………………….. without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to …………........... @ ……………………. against the Contractor under the Contract and under this Indemnity Bond.

NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of …………………. @ ……………………, THEN,

the above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the common seal of the Company, the day, month and year first above mentioned.

SCHEDULE

Particulars

of the

Equipments

handed

over

Quantity

Particulars of

Despatch title

Documents

RR/GRI Bill

of lading Carrier

No & Date

Value of the

Equipment

Signature of

Attorney in

token of

receipt

Signature .....................

Indemnity Bond are to be executed by the authorised person and (i) in case of contracting Company under common seal of the Company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity Bond, (iii). In case of (ii), the original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXIII

Form of Indemnity Bond to be executed by the contractor for the equipment handed

over in installments by RGPPL for the performance of its contract (On Non-Judicial stamp paper of appropriate value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this _____ day of ___________ 2020 by _______________

(contractor’s name a Company registered under the Companies Act 1956 / Partnership Firm / Proprietary concern having its registered office at __________________(hereinafter called the

‘Contractor’ or ‘Obligor’ which expression shall include its successors and permitted assigns) in favour of RGPPL, a company incorporated under the Companies Act, 1956, having its Registered Office at Core-7 Scope Complex, Institutional Area, Lodi Road, New Delhi- 110 003, INDIA (hereinafter called ‘RGPPL’ {abbreviated name of Employer} which expression shall include its successors and assigns):

WHEREAS ………………@ …………. ……. has awarded to the contractor a contract for ……………… vide its

Letter of award / Contract No…………….. dated ……………….and its amendment no. …………………

(applicable when amendment have been issued) (hereinafter called the “Contract”) in terms of which …..@...... is required to hand over various equipments to the Contractor for execution of the Contract.

And WHEREAS by virtue of Clause No. ………. of the said contract, the Contractor is required to execute

an Indemnity Bond in favour of ……@ ……for the Equipments handed over to it by ……@ …… for the

purpose of performance of the Contract / Erection portion of the contract (hereinafter called the ‘Equipments’)

NOW THEREFORE Indemnity Bond witness as follows:

1.That the consideration of various Equipments as mentioned in the Contract, valued at (amount in

Fig)……………………..(amount in words) …………….handed over to the Contractor in installments from time to time for the purpose of performance of the Contract, the Contractor herby undertakes to indemnify and shall keep ………..@ ……….indemnified, for the full value of the Equipments. The Contractor hereby acknowledges actual receipt of initial installment of the Equipment etc. as per details in the Schedule appended hereto. Further the contractor agrees to acknowledge actual receipt of the subsequent installments of the Equipments etc. as required by ……………….. @.................. in the form of Schedules consecutively numbered which shall be attached to this Indemnity Bond so as to form integral parts of this Bond. The Contractor shall hold such Equipment etc. in trust as a “Trustee” for and on behalf of ……..@.............

2.That the Contractor is obliged and shall remain absolutely responsible for the safe transit/ Protection and custody of the Equipment at ………………….. @ .................. project site against all risks whatsoever till the Equipments are duly used / erected in accordance with the terms of the Contract and the plant / package duly erected and commissioned in accordance with the terms of the Contract is taken over by …………………. @ …………………. . The Contractor undertakes to keep .................. @ …………………..

harmless against any loss or damage that may be caused to the Equipments.

3.The Contractor undertakes that the Equipments shall be used exclusively for the performance / execution of the Contract strictly in accordance with its terms and conditions and no part of the equipment shall be utilized for any other work of purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of the Contractor for all intents and purpose including legal/penal consequences.

4.That ………………….. @ ................... is and shall remain the exclusive owner of the equipments free from all encumbrances, charges or liens of any kind, whatsoever. The Equipments shall at all times be open to inspection and checking by the Project Manager or other employees/ agents authorized by him in this regard. Further, …………………. @ ………………….. shall always be free at all times to take possession of the Equipments in whatever form the Equipments may be, if in its opinion, the equipments are likely to be endangered, mis-utilised or converted to uses other than those specified in the Contract, by any acts of omission or com- mission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of …………………… @ ……………………. to return the Equipments without any demur or reservation.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

5.That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs to the Equipments or the same or any part thereof is mis-utilised in any manner whatsoever, then the

Contractor hereby agrees that the decision of the Project Manager of ………………….. @

………………….. as to assessment of loss or damage to the Equipment shall be final and binding on the Contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged

Equipments at its own cost and/or shall pay the amount of loss to ……………………. @

…………………….. without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to …………........... @ ……………………. against the Contractor under the Contract and under this Indemnity Bond.

6.NOW THE CONDITION of this Bond is that if the Contractor shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of …………………. @ ……………………, THEN, the above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through its authorized representative under the common seal of the Company, the day, month and year first above mentioned.

SCHEDULE

Signature .....................

Indemnity Bond are to be executed by the authorized person and (i) in case of contracting Company under common seal of the company or (ii) having the Power of Attorney issued under common seal of the company with authority to execute Indemnity Bond, (iii). In case of (ii), the original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of Attorney if it is General Power of Attorney and such documents should be attached to Indemnity Bond.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXIV

shall include its successors, administrators, executors and permitted assigns) and M/s ……................... a company registered under the ........................................………….having its

registered office at ................................................. (hereinafter called the Bidder/Contractor,

which expression shall include its successors, administrators, executors and permitted assigns) in favour of RGPPL, incorporated under the Companies Act, 1956, having its Registered Office at Core-7 Scope Complex, Institutional Area, Lodi Road, New Delhi- 110 003, INDIA (hereinafter called ‘‘RGPPL’’ or ‘‘Employer’’ which expression shall include its successors, administrators, executors and assigns).

Sheets of Bidding Documents and hence desires to associate with M/s ...............………………..

(hereinafter referred to as Associate).

A)who has executed the following works within the preceding seven (7) years as on the date of bid opening:

i)a) -----------------------------------------------------------------------

B.Who has achieved minimum average annual turnover in the preceding three financial years as on date of bid opening of Rs. ______________or above in case

And whereas a pre-condition for submitting the bid, the bidder and the Associate are required

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

to jointly execute and furnish along with the bid an irrevocable Deed of Joint Undertaking that they shall be held jointly and severally responsible and bound unto the Employer for successful

design, execution & completion of the ----------------------------------------works under the ---

--------------------------------------Package for its fully meeting the parameters guaranteed as per

the Bidding Documents, in the event the Bid is accepted by the Employer resulting in a Contract (hereinafter called the “Contract”).

WHEREAS M/s ...................................................... is submitting its proposal in response to

the aforesaid Invitation for Bid by the Employer bearing proposal No...............................…

NOW THEREFORE, THIS UNDERTAKING WITNESSETH AS UNDER:

1.That in consideration of the Award of the Contract by the Employer to the Contractor, we, the aforesaid Associate and the Contractor, do hereby declare and undertake that we shall be jointly and severally responsible to the Employer for successful design, execution &

2.In case of any breach of the Contract committed by the Contractor, we, the Associate, do hereby undertake, declare and confirm that we shall be fully responsible for the successful

design, execution & completion of the ------------------------------------------------- works

and undertake to carry out all the obligations and responsibilities under the contract in order to discharge the Contractor’s obligations and responsibilities stipulated in the Contract. Further if the Employer sustains any loss or damage on account of any breach of the Contract, we, the Collaborator/Associate and Contractor, jointly and severally undertake to promptly indemnify, and pay such losses/damages caused to the Employer on its written demand without any demur, reservation, contest or protest in any manner whatsoever. This is without prejudice to any rights of the Employer against the Contractor under the Contract and/or guarantees. It shall not be necessary or obligatory for the Employer to first proceed against the Contractor before proceeding against the Associate, nor any extension of time or any relaxation given by the Employer to the Contractor would prejudice to any rights of the Employer under this Deed of Joint Undertaking to proceed against the Associate.

3.Without prejudice to the generality of the undertaking in paragraph 1 above, the manner of achieving the objectives set forth in paragraph 1 above shall be as follows:

(a)The Associate will be fully responsible for design, engineering, execution, and successful

Further, the Associate shall depute their technical experts from time to time to the Contractor’s works/Employer’s project site as required by Employer and agreed to by the Contractor/Collaborator to facilitate the successful design, execution & completion of

Further the Associate shall ensure proper design, engineering, execution, testing and

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

accordance with the specifications and stipulations of the Bidding Documents and if necessary the Associate shall advise the Contractor suitable modifications of design and implement necessary corrective measures to discharge the obligations under the Contract.

(b)In the event the Contractor fails to demonstrate successful performance of the Plant as set forth in paragraph 1 above, the Associate and the Contractor shall promptly carry out all the measures at their own expense and shall promptly provide corrected designs to the Employer.

(c)Implementation of the corrected designs and all other necessary repairs, replacements, rectifications or modifications for ---------------------------------------- works and payments of financial liabilities, penalties and fulfillment of all other obligations as provided under the Contract shall be the joint and several responsibilities of the Contractor and Associate.

4.We, the Contractor and Associate do hereby undertake and confirm that the Undertaking shall be irrevocable and shall not be revoked till the expiry of defect liability period of the Plant under the Contract and further stipulate that the Undertaking herein contained shall terminate after 90 days of satisfactory completion of such defect liability period. In case of delay in completion of defect liability period, the validity of this Deed of Joint Undertaking shall be extended by such period of delay. We further agree that this undertaking shall be without any prejudice to the various liabilities of the Contractor, including the Contract Performance Security as well as other obligations of the Contractor in terms of the Contract.

5.The Contractor and Associate will be fully responsible for the quality of all ---------------------

-------------------------- works including the materials incorporated in such works whether fabricated at their works or at their Vendor’s works or fabricated/constructed at site, and their repairs or replacement, if necessary, for timely delivery/execution thereof to meet the work schedule under the Contract.

6.In case of Award, in addition to the Contract Performance Security furnished by the Bidder, the Associate shall furnish “as Security” and on demand Performance Bank Guarantee in favour of the Employer in a form acceptable to Employer as per provisions of the Bidding Documents. The value of such Bank Guarantee shall be equal to one and a quarter percent (1.25%) of the total contract price of the Contract awarded by the Employer to the Contractor and it shall be guarantee towards the faithful performance/compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The Bank Guarantee shall be unconditional, irrevocable and valid for entire period of Contract, i.e. till ninety (90) days beyond the end of the Defect Liability period of the Coal Handling Plant Package under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by the period of such delay. The Bank Guarantee amount shall be promptly paid to the Employer on demand without any demur, reservation, protest or contest.

7.Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per arbitration procedure/rules mentioned in the Contract Document. This Deed of Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Delhi shall have exclusive jurisdiction.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

8.We, the Associate and the Contractor agree that this Undertaking shall be irrevocable and shall form an integral part of the Contract. We further agree that this Undertaking shall continue to be enforceable till the successful completion of Contract and till the Employer discharge it.

9.That this Deed shall be operative from the effective date of the Contract.

IN WITNESS WHEREOF, the Associate and the Contractor, through their authorized representatives, have executed these present and affixed common seals of their respective companies on the Day, Month and Year first mentioned above.

Note: * Bidder and his Collaborator / Associate to strike out whichever is not applicable.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXV

The non-judicial stamp paper should be in the name of issuing Bank

Proforma BANK GUARANTEE FOR ADVANCE (To be stamped in accordance with stamp Act)

Ratnagiri Gas and Power Private Limited (RGPPL)

At & Post Anjanwel, Tal-Guhagar

Dist.: Ratnagiri

Maharashtra-415634

Dear sirs,

In the consideration of the RGPPL (hereinafter referred to as the 'Owner', which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s ……………………………with its Registered / Head Office

at………………………….hereinafter referred to as 'Contractor' which expression shall unless

repugnant to the context or meaning thereof, include its successors, administrators, executors, and assigns) a contract by issue of Owner's award letter No………..dated……………and the same having

been unequivocally accepted by the Contractor, resulting into a Contract bearing No…………….dated………….valued at………..for…………..(scope of work) contract (hereinafter

called the "Contract') and the owner having agreed to make an advance payment to the Contractor for performance of the above Contract amounting to………………………….(in words and figures) as

an Advance against Bank Guarantee to be furnished by the Contractor.

We………………………..(name of the bank) having its head office at………………………..(address)

(hereinafter referred to as the 'Bank' which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Owner immediately on demand any or all money payable by the Contractor to the extent of ……………………(in words and figures) at any time upto……………without any

demur, reservation, recourse, contest or protest and or without any reference to the Contractor. Any such demand made by the owner on the Bank shall be conclusive and binding not withstanding any difference between the owner and the Contractor or any dispute pending before any court, Tribunal, arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the owner discharges this Guarantee.

The owner shall give the fullest liberty without affecting in any way the liability of the Bank under this Guarantee from time to time to vary the advance or to extend the time for performance of the Contract by the Contractor. The owner shall have the fullest liberty without affecting this Guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner, and either to enforce or to forebear to enforce any covenants contained or implied in the Contract between the Owner and the Contractor or any other course or remedy or security available to the Owner. The Bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Owner or any other indulgence shown by the Owner by any other matter or thing whatsoever which under law would but for this provision have the effect of relieving the Bank.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

The Bank also agrees that on certification of the Owner the amount of the bank guarantee shall stand reduced to the extent so notified by the Owner semiannual. It is further agreed that the reduction so notified by the Owner shall be conclusive and binding on the bank without any reservation.

The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee against Bank as a principal debtor in first instance without proceeding against the Contractor and notwithstanding any security or other Guarantee that the Owner may have in relation to the Contractor's liabilities.

Notwithstanding anything contained hereinabove, our liability under this guarantee is limited to

……………………….and it shall remain in force upto and

including…………………..@...............................and shall be extended from time to time for such

period (not exceeding one year) as may be desired by M/s…………………………..on whose behalf

this Guarantee has been given.

Dated this………………. day of…………….2020…………….at……………….

Witness

*Strike out whichever is not applicable.

@ the date will be 90 days after the date of completion of the contract.

Note : * Please mention the full address of project / office where the Bank Guarantee is to be submitted.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXVI

PROFORMA OF CERTIFICATE FROM THE CEO/CFO

OF THE COMPANY

(To be submitted by bidder along with the bid)

1.0I, Mr/Ms ________________________ (*CEO of company/*CFO of the company), confirm

that this certificate is submitted on behalf of our companyM/s

_____________________ (Name of the Bidder) and we are responsible for the

declaration(s) mentioned herein.

2.0I certify that the financial results of the Company for the preceding financial year are under audit as on the date of Techno-commercial bid opening and the certificate from the practicing Chartered Accountant certifying the financial parameters is not available.

Yours faithfully,

(Signature)

*Strike off whichever is not applicable

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure XXVII

BIDDER'S QUERIES FOR PRE-BID MEETING

(Applicable only in case of pre-bid mentioned in tender enquiry)

To,

M/s RGPPL

TENDER NO: _________________________________

SL.

NO.

REFERENCE OF BIDDING DOCUMENT

BIDDER'S

QUERY

GAIL'S REPLY

NOTE: The Pre-Bid Queries may be sent by fax and also by e-mail before due date for receipt of Bidder's queries.

SIGNATURE OF BIDDER

NAME OF BIDDER

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXVIII

Integrity PACT

(Applicable only for those tender when EMD amount exceeds Rs. 10,00,000)

between

RATNAGIRI GAS & POWER PRIVATE LIMITED (hereinafter referred to as "The Employer")

and

.......................... , ... (hereinafter referred to as "The Bidder/Contractor ")

and

...................(hereinafter referred to as "JV Partner/ Consortium Members'

(if applicable))

Preamble

The Employer invites the bids from all eligible bidders and intends to enter into contract for

........................... with the successful bidder(s), as per organizational systems and

procedures. The Employer values full compliance with all relevant laws and regulations, and the principles of economical use of resources, and of fairness and transparency in its relations with its Bidder(s) and/or Contractor(s).

Section 1. Commitments of the Employer

1.The Employer Commits itself to take all measures necessary to prevent corruption and to observe the following principles in this regard:-

a)No employee of the Employer, either in person or through family members including relatives, will in connection with the bidding for or the execution of a contract, demand or accept a promise for or accept for him/herself or for a third person, any material or immaterial benefit to which he/she is not legally entitled to.

could obtain an advantage in relation to the bidding process or the contract execution.

c)The Employer will exclude from the process all known prejudiced persons.

2.If the Employer obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act or if there be a substantive suspicion in this regard, the Employer will inform the Chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2. Commitments and Undertakings by the Bidder / Contractor

1.The Bidder/Contractor commits and undertakes to take all measures necessary to prevent malpractices & corruption. He commits himself to observe the following principles during his participation in the bidding process and during the execution of the contract:

a)The Bidder / Contractor undertakes not to, directly or through any other person or firm offer, promise or give or influence to any employee of the Employer associated with the bidding process or the execution of the contract or to any third person on their behalf any material or immaterial benefit which he/she is not legally entitled, in order to obtain in exchange any advantage of any kind whatsoever during the bidding process or during the execution of the contract.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

b)The Bidder / Contractor undertake not to enter into any undisclosed agreement or understanding, whether formal or informal with other Bidders. This applies in

particular to prices, specifications, certifications, subsidiary contracts, submission or

of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically for purposes of competition or personal gain and will not pass the information so acquired on to others.

d)The Bidder/Contractor will, when presenting his bid undertakes, to disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2.The Bidder / Contractor will not instigate and allure third person / parties to commit offences outlined above or be an accessory to such offences.

Section 3. Disqualification from Bidding Process and Exclusion from Future Contracts

1.If the Bidder(s)/Contractor(s). before award or during execution has committed a transgression through a violation of any provisions of Section 2 or in any other form so as to put his reliability or credibility as Bidder into question, the Employer shall be entitled to disqualify the Bidder(s)/ Contractor(s) from the bidding process or to terminate the contract, if signed on that ground.

2.If the Bidder / Contractor has committed a' transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Employer shall be

entitled to exclude including blacklist and put on holiday the Bidder / Contractor for any future tenders/contract award process. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the Employer taking into consideration the full facts and circumstances of each case particularly taking into account the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 3 years.

3.A transgression is considered to have occurred if the Employer after due consideration of the available evidence concludes that no reasonable doubt is possible.

4. The Bidder with its free consent and without any influence agrees and undertakes

to respect and uphold the Employer's absolute fights to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

5.Subject to full satisfaction of the Employer. the exclusion of Bidder / Contractor could be revoked by the Employer if the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system in his organization.

Section 4. Compensation for Damages including Forfeiture of Earnest Money Deposit / Security Deposit / Performance & Advance Bank Guarantees.

1.If the Employer has disqualified the Bidder / Contractor from the bidding process or has terminated the contract pursuant to Section 3, the Employer shall forfeit the Earnest Money Deposit/Bid Security, encash Contract Performance Bank Guarantees in addition to excluding the bidder from the future award process and terminating the contract.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

2.In addition to 1 above, the Employer shall be entitled to take recourse to the relevant provisions of the contract related to Termination of Contract due to Contractor's Default.

Section 5. Previous Transgressions

1.The Bidder swears on oath that no previous transgression occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country conforming to TI approach or including with any Public-Sector Enterprise /Undertaking in India or any Government Department in India that could justify bidder's exclusion from the tender process.

2.If the Bidder makes incorrect statement on this subject, Bidder can be disqualified from the bidding process or the contract, if already awarded, can be terminated on this ground.

Section 6. Company Code of Conduct

Bidders are also advised to have a company code of conduct (clearly rejecting the use of bribes and other unethical behavior) and a compliance program for the implementation of the code of conduct throughout the company,

Section 7. Pact Duration

This Pact comes into force from the date of signing by all the parties. It shall expire for the Contractor 12 months after the last payment under the respective contract, and for all other unsuccessful bidders 6 months after the contract has been awarded.

Section 8. Miscellaneous Provisions

1This Pact is subject to Indian law. The place of performance and jurisdiction shall be Anjanwel, Dist: Ratnagiri.

2Should one or several provisions of this Pact tum out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

3The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

4If the Contractor is a JV partnership/Consortium, this agreement must be signed by all the partners of JV/Consortium Partners as the case may be.

The Parties hereby sign this Integrity Pact at...………...On this …...... day of…………..20 20

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

______ and having its Registered Office at:

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

Annexure-XXIX

BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT

To,

Ratnagiri Gas and Power Private Limited,

At & Post: Anjanvel,

Taluka: Guhagar,

Dist.: Ratnagiri – 415703

Maharashtra.

In consideration of the Ratnagiri Gas and Power Private Limited having its Registered office at NTPC Bhawan, SCOPE Complex, 7, Industrial Area, Lodi Road, New Delhi – 110 003 (hereinafter called the "Company" which expression shall unless repugnant to the subject or context include its administrators, successors and assigns) having agreed under the terms and conditions of the

Award Letter No.: dated:--/--/---- issued by Ratnagiri

Gas and Power Private Limited, which has been unequivocally accepted by the Contractor: M/s

for the Work: (hereinafter

called the said Contract) to accept a Deed of Guarantee as herein provided for Rs. ________

(Rupees _____ Only) valid upto --/--/---- from a Scheduled Commercial Bank in lieu of the

security deposit to be made by the Contractor or in lieu of the deduction to be made from the Contractor's bills, for the due fulfillment by the said Contractor of the terms and conditions contained in the said Contract. We, ______ (hereinafter referred to as "the said Bank" and

having Registered office at: and branch office at: do hereby undertake and agree to

indemnify and keep indemnified the Company from time to time to the extent of Rs. _______

(Rupees ______ Only) against any loss or damage, costs, charges and expenses caused to or

suffered by or that may be caused to or suffered by the Company by reason of any breach or breaches by the said Contractor of any of the terms and conditions contained in the said Contract and to unconditionally pay the amount claimed by the Company on demand and without demur to the extent aforesaid.

2.We, the said bank further agree that the Company shall be the sole judge of and as to whether the said Contractor has committed any breach or breaches of any of the terms and conditions of the said Contract and the extent of loss, damage, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Company on account thereof and the decision of the Company that the said Contractor has committed such beach or breaches and as to the amount or amounts of loss, damage, costs charges and expenses caused to or suffered by or that may be caused to or suffered by the Company from time to time shall be final and binding on us.

3.We, the said Bank, further agree that the Guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Contract and till all the dues of the Company under the said Contract or by virtue of any of the terms and conditions governing the said Contract have been fully paid and its claims satisfied or discharged and till the owner certifies that the terms and conditions of the said Contract have been fully and properly carried out by the said Contractor and accordingly discharges this Guarantee subject, however, that the Company shall have no claim under the Guarantee after XX days from the date of expiry of the Contract Period as provided in the said Contract, i.e. XX.XX.XXXX or from the date of cancellation of the said contract, as the case may be, unless a notice of the claim under this Guarantee has been served on the Bank before the expiry of the said period in which case the same shall be enforceable against the Bank notwithstanding the fact, that the same is enforced after the expiry of the said period.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458

NIT No: RGPPL/C&M/CS-2851/OT-135-Category III

Sub: Hiring of Multi-Utility Vehicles (other than Passenger Jeeps).

4.The Company shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee or indemnity, from time to time to vary any of the terms and conditions of the said Contract or to extend time of performance by the said Contractor or to postpone for any time and from time to time any of the powers exercisable by it against the said Contractor and either to enforce or forbear from enforcing any of the terms and conditions governing the said Contract or securities available to Company and the said Bank shall not be released from its liability under these presents by any exercise by the Company of the liberty with reference to the matters aforesaid or by reason of time being given to the said Contractor or any other forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Contractor or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so releasing the Bank from its such liability.

5.It shall not be necessary for the Company to proceed against the Contractor before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank, notwithstanding any security which the Company may have obtained or obtain from the Contractor shall at the time when proceedings are taken against the Bank hereunder be outstanding or unrealised.

6.We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the Company in writing and agree that any change in the Constitution of the said Contractor or the said Bank shall not discharge our liability hereunder. If any further extension of this Guarantee is required, the same shall be extended to such required periods on receiving instructions from M/s. ________ on whose behalf this guarantee is issued.

In presence of WITNESS 1…………………………..

a)*This sum shall be ten percent (10%) of the Contract Value.

b)Bank Guarantee to be submitted within 30 days from date of issue of LOA/LOI whichever is earlier.

c)Validity of bank guarantee shall be 36+3 months i.e. 39 months from the date of issue of LOA / LOI.

d)Value of Stamp Paper to be 0.5% of value of BG amount as per Maharashtra Stamp Act

e)List of acceptable scheduled commercial banks is given in the tender

document.

(Seal & Sign of the Bidder’s Authorized Representative)

Corporate Identification Number: U40105DL2005 PTC138458