SCOPE OF WORK CUM SPECIAL TERMS AND CONDITIONS

The scope of this contract shall comprise of deployment of 04 Numbers (02 nos. Balero & 02 nos. Tata Sumo)

Non AC as per the below mentioned clause 01, with drivers at NTPC Solapur to meet the transport requirements

of CISF staff / material or their authorized representatives.

The Engineer-In-Charge for all vehicles will be decided later. These vehicles shall be further allotted to

Controlling Officers who shall be maintaining the logbook / vehicle running record.

1. VEHICLE REQUIRED:

The Non AC Bolero/Tata Sumo is required as per the details given below:

Successful bidder shall be required to deploy 02 nos. Balero & 02 nos TATA sumo Non AC Vehicles

are to be deployed by the contractor on monthly basis for the entire period of the contact mentioned at clause

number 10 with fuel and driver as per the Terms and Conditions detailed hereafter. It shall be the

responsibility of the contractor to provide required fuel and driver / s beyond specified kilometers and

beyond normal driver’s deployment hours as mentioned at clause number 06. Vehicle should be perfectly in

good running condition, and registered as commercial vehicle with RTO / STA.

Model of the Vehicles required:

Vehicle to be deployed should be registered by

April 2018 or later

The vehicle shall be registered in the name of the bidder or his company or shall have the

Power of Attorney to use/ hire the vehicle from the owner of the vehicle.

The Bidder / agency must provide the vehicle from the date of start of the contract, failing which suitable

action may be taken at the discretion of Engineer-in-Charge.

The Bidder / agency must submit the following documents within 30 days from the date of start of the

contract, failing which the subject contract may be foreclosed:-

 Registration number of vehicle, copy of RC book and copy of valid taxi permit.

 Copy of fitness certificate and insurance.

 Owner's name and address

2 .PAYMENT:

Bidders shall quote monthly fixed cost for each vehicle and same shall be payable for the entire duration of

contract.

The cost of Fuel required for running the vehicle use shall be borne by the agency, which shall be

reimbursed monthly by NTPC Ltd, taking a mileage of 12 Km/Ltr.

The price of the diesel as on the date of award from a PSU petrol pump near Solapur STPP site shall be

taken as the base price and will be indicated in the P.O. Any rate revision in diesel price in the above petrol

pump shall be reimbursed as per the following formula.

P2-P1

------ X (KM run after rate revision)

P2 is the revised rate of diesel to be indicated/ confirmed by EIC/F &A department.

P1 is the base rate of diesel indicated in the P.O.

The payment on account of reimbursement of fuel shall be made on the actual running of the vehicle.

However it is made clear that it is not binding on NTPC that the vehicle shall run for some minimum km.

The bill shall be submitted in the format prescribed by the Engineer-In-Charge and the bills shall be raised

by Agency once in a month, preferably up to 7

of the following month. The bill along with logbook shall

be entered by controlling officers and have to be got verified from Engineer-In-Charge before 10

of every

completed month of running of vehicle.

Payment will be made within 15 days of the submission of correct bills with complete documents. There is

no defect liability period for the work. Income Tax as per Income Tax Act 1961 and rules in force shall be

deducted from contractors on account RA / Final bills unless exempted by Income Tax officer.

GST shall be dealt as per the GST Law.

3. DRIVER:

Driver shall be provided by Contractor without any extra cost. The contractor shall ensure that all applicable

labour laws are followed and at least the minimum wages as stipulated by Maharashtra Government are paid

to his driver. NTPC shall not contribute towards any other expenditure concerning drivers. Only experienced

driver, staying near by the SSTPP, preferably in Hotgi/Ahirwadi/Fatatewadi, with minimum 3 years

experience with valid TR driving license shall be provided. Under no circumstances, driver without valid

driving license shall be allowed to operate the vehicle. However, in case a driver is found to be operating /

driving the vehicle without valid TR driving license, then an amount of ` 100 /- shall be recovered as

liquidated damages for each such incidence and the contractor shall immediately arrange for replacement. In

case of non-deployment of driver ` 500 /- per day shall be recovered as compensation.

Drivers to be provided with a working mobile phone (preferably a BSNL connection)

4. MAINTENANCE:

It shall be the responsibility of the contractor to keep the vehicle in fully maintained condition, well-painted

and good condition throughout the contract period. All types of maintenance shall be the responsibility of

Contractor in totality. No expenses shall be borne by NTPC in any circumstances like normal maintenance,

break-down, accident etc. All minor repairs shall be carried out at NTPC Solapur site. The vehicle / s shall

not be allowed to ply with defects like self starting problem, non working of speedometer, head light, horn,

side mirror missing, stepny etc. and these defects should be immediately attended to, otherwise, deduction as

per clause number 08 shall be made, till the defect is rectified. Contractor shall get the speedometer

periodically checked by Engineer-in-Charge. In case, the speedometer is found defective, the bills will be

adjusted accordingly for such defect, for the period between immediate last and present checking in which

defect was noticed.

The tyres shall be replaced with new tyres, as and when they are worn out. Mobil Oil / Lubricants have to be

arranged by the agency at his own cost. The monthly fixed rate is inclusive of all consumables except Fuel.

The vehicle will be relieved for 12 hrs in a month for the purpose of maintenance/servicing. In this regard

prior permission (2 Days in advance) should be taken from the Engineer-in-Charge. A substitute vehicle is

to be provided to EIC during the period.

5. INSURANCE AND OTHER CHARGES:

The vehicle should be covered under comprehensive insurance & to be borne by the agency. In case of any

eventuality contractor has to pay compensation to the driver as per labour laws & other government

regulations.

The agency, at his / her own cost has to pay all statutory taxes of Maharashtra state applicable for

commercial vehicles, Photo copies of the same are to be enclosed with the 1

RA bill. NTPC shall not be

liable for any damages what so ever due to the usage of the vehicle.

6.6.

6. TIMINGS:

The vehicle should be deployed against 24 hours on each day with experienced, medically fit and well

behaved driver as per the instruction of Engineer-In-Charge or his representative all days including Sundays

and holidays and should be available during the period of job work on each day.

The driver may avail lunch / tea / dinner breaks as per directions of the Officer-in-charge or the official to

whom the vehicle is assigned to. NTPC shall not pay any charges for lunch, tea, dinner etc of the driver. i.e.,

the drivers should make their own arrangement for the same.

No overtime charges towards driver or vehicle are applicable for 24hr duty vehicles. The Contractor has to

compulsorily make available the vehicle along with the driver, failing which suitable action may be taken at

the discretion of Engineer-in-Charge. The vehicle and driver shall be at the effective disposal of Engineer-

In-Charge or his representative fully during the period of the contract.

In the event of a vehicle not required by Controlling Department on a particular day, the vehicle should

report to Engineer-In-Charge who in turn will decide further duty of the vehicle on that day keeping in view

of overall requirement.

7. PARKING ARRANGEMENT:

Open parking space without any shed etc. shall be provided at NTPC site office and the vehicle shall be

parked as per the instructions of Engineer-in-Charge.

During off duty hours the vehicle will have to be parked at the site / office / Guest House / Field Hostel or

any other premises of NTPC-CISF at Solapur etc., as directed by Controlling Officer / Engineer-In-Charge.

The agency may make its own arrangement for stay of driver near the designated parking place.

Contractor shall be required to make his own arrangement for putting tarpaulin cover and other things

required for the proper and safe storage of the vehicles. Any loss / damage occurred due to improper

working for protection shall be to the account of contractor.

8. DEDUCTION TOWARDS NON-SUPPLY OF VEHICLES:

In case the contractor fails to supply the vehicle on any day / s, pro-rata deduction shall be made from his

bills @ 150% of the fixed charges payable to him. Per day charges for this purpose shall be fixed monthly

charges divided by 30.

Further, at the discretion of Engineer-in-Charge, the recovery shall be made from the contractor’s bill at the

following rates for major defects, as follows:

 If vehicle is not self starting / batteries are weak then ` 100/- per day shall be deducted.

 If stepney is not provided, extra ` 100/- per day shall be charged.

 If headlight is not working, extra ` 100/- per day shall be charged.

 If speedometer is not working, extra ` 100/- per day shall be charged.

 If horn is not working, extra ` 50/- per day shall be charged.

In case contractor is not able to rectify the defects in 7 days time or if defects appear repeatedly, he may be

asked to replace the vehicle with another vehicle of same make and model and in good running condition. If

contractor fails to replace within 10 days of such notice, vehicle will be treated as withdrawn and the

security deposit of the contractor shall be forfeited. The contractor shall be penalized for absence in the

intervening period as well.

In case of breakdown, the contractor has to provide substitute vehicle. In case agency fails to provide a

substitute vehicle, the recovery, as detailed out above, will be made. In case the vehicle fails in the way

when concerned officials are traveling, then it will be the responsibility of the contractor to arrange similar

alternate vehicle at his own cost. The alternate vehicle shall be deployed till such time the original vehicle is

restored. If, however, the contractor fails to arrange alternative vehicle, the vehicle shall be treated, as absent

from the date of such breakdown and for subsequent non availability for such absence, recovery shall be

made as detailed out above.

9. LATE REPORTING / ABSENCE FROM DUTY AND ITS COMPENSATION:

If the vehicle, along with driver, reports late on any working days by 0 - 3 hours from the reporting time as

directed by the Officer in Charge the deployment hour (12 hours) shall be counted from the actual reporting

time. In addition, a deduction of ` 30/- per hours shall be made for such delay.

If the vehicle / driver reports late by 3 - 4 hours, it will be considered as absent for half day and fifty percent

of hire charges of a day shall be deducted.

If the vehicle / driver reports late by more than 4(Four) hours, it will be considered as absent for full day and

recovery @ 150% percent of daily hire charges shall also be made.

10. PERIOD OF CONTRACT:

Period of Contract is for a period of 24 months from the date of issue of Purchase Order. Period of

contract can be extended for a period of 03 months on same rates, terms and conditions, which is at

the sole discretion of NTPC.

11. TERMINATION OF CONTRACT:

NTPC reserves the right to terminate the contract in case the performance of the contractor is found

unsatisfactory, during the execution of the contract by giving short notice not exceeding seven days and call

another agency to provide the alternate vehicle(s) at the risk and cost of the original contracting agency and

no claim, whatsoever shall be entertained in this regard. Security Deposit as on that date will be adjusted

against alternative arrangements made by NTPC.

12. AREA OF OPERATION:

Normally with in state of Maharashtra i.e., Solapur district / beyond Solapur District and as per the

instruction of Engineer in Charge.

Road tax and temporary permit charges, if any payable (for plying the vehicle outside Maharashtra as per

requirement of NTPC and instruction of Engineer-In-Charge), in addition to passenger tax/ commercial tax

in the states other than Maharashtra, shall be reimbursed in full to the agency on production of documentary

evidence for the same.

If the vehicle is taken beyond 150 Kms (one way) from NTPC solapur site and the vehicle is detained

for night during outstation duty, no overtime chargess hall be payable in any case, only `

` 250 /- per

night shall be payable to meet driver lodging and boarding charges.

13. The contractor should give the registration book and insurance policy of the vehicle to the driver which

shall be required to be with him at all the time, when the vehicle is in operation. In case of default an amount

of ` 250/- shall be recovered from contactor bills for each such incidence / day and the contractor shall

immediately arrange for the registration book and insurance policy. If any penalty is imposed by statutory

authority for any default of the contractor / driver, the same shall be borne by the contractor.

14. Contractor should have full knowledge of Indian commercial and operation rules and contractor shall

remain responsible for any lapse of not following such rules during the tenure of contract.

15. Due to negligence and lack of proper care on the part of contractor’s driver, employee and men, any loss

or damage incurred will be recovered from contractor at twice the opportunity cost as determined by NTPC.

16. The contractor shall not at any time during the tenure of contract assign or sublet the work or any part

thereof to any person to become in any way interested therein in any manner whatsoever, without the

previous permission in writing of the NTPC Management. Any contravention of this condition shall entitle

the Corporation to cancel the contract and shall render the contractor liable for payment to the corporation, in

respect of any loss or damage arising out of or ensuing from such subletting of work.

17. NUISANCE:

The contractor and his staff, during the tenure of contract shall not cause or permit any nuisance at site or do

anything, which shall cause unnecessary disturbance / inconvenience in general. The drivers shall not be

allowed to drive after drinking / consuming alcoholic or similar drinks etc. or in state of inebriation. They

shall not be allowed to consume such items during driving.

18. REPLACEMENT OF DRIVER / STAFF:

The contractor shall employ only such persons as are skilled and experience in their trades and the Engineer-

In-Charge shall be at liberty to object to and require the contractor to remove from the job any person

employed by the contractor who in the opinion of the officer in charge misconduct’s self or is incompetent

or negligent in the proper performance of his duties and such person shall not be again employed upon the

job without permission of the Engineer-In-Charge. The Contractor should immediately arrange for suitable

replacement of the same.

19. The contractor or his authorized representative shall keep a close liaison with the NTPC Management

and collect all the instructions NTPC office.

20. MAINTENANCE OF RECORD:

The contractor shall be required to maintain records of journey by maintaining a logbook which shall be

provided by NTPC free of cost. All the records therein shall be properly maintained and got signed from the

concerned officers. There should be no cutting / fluid in the log book. The log book is a vital document and

it should be maintained and kept in safe custody. At the end of every month the log book shall be returned

to the Officer-in-charge and shall remain the property of NTPC. In case log book is lost, the payment for the

journey shall not be made and extra logbook shall be issued on payment of ` 100/- (Rupees One Hundred

only).

Also, all records, registers, etc shall be shown to Engineer-In-charge or his nominee if asked for.

21. SAFETY:

The contractors at his own expense arrange for the safety in respect of all his staff and travelling officials

and shall provide all facilities in connection therewith. During the contract period if any injury or accident

occurs to any person employed by contractor or any third party, the whole liability or responsibility shall be

that of contractor. NTPC will bear no responsibility or expense if any on this account.

The contractor must ensure that all safety norms, latest environment and emission norms as per applicable

Central Motor Vehicle Act and rules and guidelines issued by statutory authorities from time to time are

completed at his cost. Safety reflectors need to be put in the vehicle.

22. CONTRACTORS IDLE LABOUR / EQUIPMENT CHARGES:

No claim of the contractor for idle period of work in respect of charges of labour and equipment for any

reason will be entertained by NTPC.

23. OBSERVANCE OF LABOUR LAWS:

The contractor shall comply with or cause to be compiled with the contractor labour regulation and abolition

act and rules 1970 labour framed there under and all relevant labour laws in this regard in respect of driver /

staff engaged by him and must pay minimum wages to drivers as notified by the Government from time to

time..

The contractor shall abide by all Statutory Labour Regulations. Any liabilities arising of your non-

compliance of Statutory Labour Regulations shall be borne by you. The contractor shall be liable to comply

with provisions under the various labour legislations. Besides other obligations under the labour legislation,

he is required to ensure payment of Minimum Wages under the Minimum Wages Act, grant leaves as per the

notification of Chief Labour Commissioner, Provident fund under the Provident Funds Acts, Compensation

under the workmen Compensation Act, Maternity leave under Maternity Act, Retrenchment compensation

etc. He shall indemnify the Corporation against all claims, damages, compensations, damages on account of

his failure to comply with statutory provisions.

The contractor may apprise himself of latest applicable ruling regarding insurance of men engaged by him

and comply with same. The contractor will compulsorily take insurance under workmen compensation act

for all the contract labours engaged by him for the execution of contract. The contractor may apprise himself

of latest applicable ruling in this regard from the insurance company and comply with the same.

24. The contractor to whom the work is awarded shall comply all Statutory Rules and Regulations

25. Toll Tax/ Parking charges shall be paid by the owner of the vehicle for NTPC uses and the same shall

be reimbursed to the agency on production of documentary evidence, duly certified by Engineer-In-Charge,

along with monthly bills.

26. The Bidder along with its associate / collaborators / sub-contractors / sub-vendors / consultants / service

providers shall strictly adhere to the Fraud Prevention Policy of NTPC displayed on its tender website

http://www.ntpctender.com and shall immediately appraise the Employer about any fraud or suspected fraud

as soon as it comes to their notice. A certificate to this effect shall be furnished by the bidder along with his

bid. If in terms of above policy it is established that the bidder / his representatives have committed any

fraud while competing for this contract then the bid security of the bidder shall be forfeited.

Every bidder must accept and sign the format of acceptance of fraud policy placed in the documents and

submit the same along with documents.

27. Tender document issued to an intending bidder are NOT TRANSFERABLE.

28. The bidder / agency, to which the work for deployment of vehicle has been awarded, has to sign the

contract agreement within 30 days from the date of issue of service purchase order.

29. Any damage to the property by you / your workmen shall be made good by you at your cost otherwise it

shall be got done by NTPC at your risk and cost.

30. Force Majeure shall apply.

31. A Copy of “General Conditions of Contract for Civil Work”, along with its amendments, is placed in the

office of the NTPC Limited, which may be referred if required. This shall form part of the contract for all

other clauses which are not specifically brought out.

32. GENERAL CONDITION:

a) Vehicle provided shall be of good condition with neat clean interior Upholstery and fixed with seat

covers suitable for comfort journey.

The driver deployed on duty:-

 Shall be sober enough to take adequate care of the officials in the vehicle and he should not indulge

in any sort of arguments / behavior with the official / guest.

 Consumption of alcoholic drinks / intoxicants by the driver while on duty is strictly prohibited.

 Driver should carry activated mobile phone.

b) In case of requisition / seizure of the vehicle by Government / municipality Administration or any other

agency, it will be the responsibility of the contractor to get the vehicle released. During such period of

requisition / seizure, the contractor shall make alternative arrangement by providing Alternative vehicle to

NTPC.

33. Except where otherwise provided for in the contract all questions and disputes relating to the meaning

of the specifications, definitions, and instructions herein before mentioned and as to the quality of

workmanship or materials used on the work or as to any other question, claim, right, matter or thing

whatsoever in any way arising out of or relating to the contract, definitions, specifications, estimates,

instructions, orders or those conditions or otherwise concerning the works, or the execution or failure to

execute the same whether arising during the progress of the work of after the completion or abandonment

thereof shall be referred to the sole arbitration of the Project In-charge of the Project concerned of NTPC

and if the Project In-charge is unable or unwilling to act, to the sole arbitration of some other person

appointed by the Chairman and Managing Director, NTPC Ltd., willing to act as such arbitrator.

34. There will be no objection if the arbitrator so appointed is an employee of NTPC Ltd. and that he had

to deal with the matters to which the contract relates and that in the course of his duties as such he had

expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is

originally referred being transferred or vacating his office or being unable to act or any reason as aforesaid

at the time of such transfer, vacation of office or inability to act, Chairman-cum-Managing Director NTPC

Ltd, shall appoint another person to act as arbitrator in accordance with the terms of contract. It is also a

term of this contract that no person other than person appointed by Chairman-cum-Managing Director,

NTPC Ltd, as aforesaid should act as arbitrator and if for any reason that is not possible, the matter is not to

be referred to arbitration at all.

35. Subject as aforesaid the provision of the Indian Arbitration and Conciliation Act, 1996 or any statutory

modification or re-enactment thereof and the rules made there under and for the time being in force shall

apply to the arbitration proceeding under this clause.

36. It is a term of the contract that the party involving arbitration shall specify the dispute or disputes to

be referred to arbitration under this clause together with the amount or amounts claimed in respect of each

such dispute.

37. The arbitrator (s) may from time to time with consent of the parties enlarge the time, for making and

publishing the award.

38. The work under the contract shall, if reasonably possible, continue during the arbitration proceedings

and no payment due or payable to the Contractor shall be withheld on account of such proceedings.

39. The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both

the parties fixing the date of the first hearing. The arbitrator shall give a separate award in respect of each

dispute or difference referred to him.

40. The venue of arbitration shall be such place as may be fixed by the Arbitrator in his sole discretion.

The award of the arbitrator shall be final conclusive and binding on all parties to this contract. The cost of

Arbitration shall be borne by the parties to the dispute, as may be decided by the Arbitrator (s).

41. In the event of disputes or differences arising between one public sector enterprise and a Government

department or between two public sector enterprises, the above stipulations shall not apply. The provisions

of BPE office Memorandum No. 15/9/86-BPE (FIN) dated 1st January 1976 or its amendments for

arbitration shall be applicable.

42. The Sholapur Courts alone shall have the exclusive jurisdiction in all the matters relating to this work.

43. The NTPC reserves the right to foreclose the contract at any time without assigning any reason.