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THE ODISHA MINING CORPORATION LIMITED

(A GOLD CATEGORY STATE PSU)

(Name of the Region Barbil)

Tender No.: 04/OMC/ROB/MAT/2020 dated. 26.08.2020 Notice Inviting Tender for hiring of A.C. Scorpio. Open tender is hereby invited from the Agencies supplying vehicles of the following on monthly hire basis at Regional Office, Barbil, Dist- Keonjhar.

The EMD amount is Rs.15,000.00 only.

Cost of Tender Paper is Rs.1180/ (Including GST)

The schedule of tender is as under:

Last Date of availability of tender schedule from website 27.08.2020 to 10.09.2020 up to 15.00 Hrs.

Last date of receipt of tender: 12.09.2020 up to 15:00 Hrs.

Date of opening of tender (Technical bid/Financial bid): 15.09.2020 at 11:00 Hrs.

The Tender Document shall not be sold and is to be downloaded only from website of OMC, i.e., www.omcltd.in. The cost of the tender document and EMD in the form of Demand Draft in favour of “The Odisha Mining Corporation Ltd”, payable at Barbil is to be enclosed with the bid along with other documents. The tenders complete in all respect must reach this office by registered post/Courier or may be dropped in the Tender box kept at the Office of the Regional Manager, Barbil (Materials Section) & CGM (Materials), H.O., Bhubaneswar up to 15:00 Hrs. of 12.09.2020. The tenders received after the scheduled date and time will be rejected out-rightly. OMC reserves the right to cancel the tender at any stage of bidding without assigning any reason thereof.

Details of the vehicles Place of utilisation Quantity

A.C Scorpio(S-7 & above) R.O., Barbil 01

Sd/-26.08.2020

Regional Manager

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IMPORTANT INSTRUCTIONS FOR BIDDERS

The Bidders are advised to go through all instructions, forms, terms and conditions in

the Bid Documents. Failure to furnish, complete information required as per the bid

document or submission of bids not responsive to the bid documents in every respect

will be at the bidder’s risk and will result in rejection of the bid. The bidder must

read carefully all the terms & conditions of the tender schedule before filling up the

Price Bid. The bidder shall be bounded by all terms & conditions as detailed in this

tender document. The bidders, who are confident to execute the contract in time,

need only, participate in this tender.

SECTION-1

1.1 For Bangur, Angul, Rayagada Regions & Shipment Office, Paradeep: The participating bidder should be a (i) Sole Proprietor (Legal owner of the vehicle) or (ii) an Agency providing vehicles on hire duly recognized as such by the competent Authority, as applicable. The Sole Proprietor or Agency shall have all eligibility for providing vehicles on hire basis.

1.2 For Daitari, Barbil, Gandhamardan, Koira, J. K. Road Regions: The participating bidder should be an Agency providing vehicles on hire duly recognized as such by the competent Authority, as applicable. The Agency shall have all eligibility for providing vehicles on hire basis.

1.3 All types of commercial light vehicles (Scorpio, Bolero, Ambulance, Winger & Camper) & commercial heavy vehicles (Bus & Water Tanker) must be road worthy in excellent condition and the year of registration of the vehicle should be 2019 & 2018 or later respectively.

1.4 In case of a sole proprietor, the bidder must be in possession of the numbers of vehicles of same category he/she is bidding for such engagement. A sole proprietor is not eligible to engage any vehicle not registered in his/her name.

1.5 The bidder should submit TECHNO-COMMERCIAL BID FORM duly filled in as per Annexure-I & details of the vehicle it would provide in one Envelope (Envelope-I).

1.6 The bidder should submit EMD & Tender paper fee of specified amount in an Account payee Demand Draft in favour of The Odisha Mining Corporation Ltd payable at R.O., Barbil.The DD towards EMD & Tender paper fee is to be enclosed in the Envelope (Envelope-I).

1.7 The bidder should submit Price Bid as per Annexure-II duly signed and stamped in Envelope- II super-scribing as PRICE BID for Hiring of vehicles.

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SECTION -2

2. CONDITIONS FOR ELIGIBILITY: 2.1 The Bidder should have (a) GST Registration, (b) PAN & (c) EPF. A self

certified copy of the GST registration along with copies of last three (03) filed returns must be attached with the bid. In case of GST exemption, the sole proprietor/agency should submit a self declaration in this regard along with the bid.

2.2 In case of partnership firms, a copy of the Partnership Agreement, or General Power of Attorney duly attested by a Notary Public, should be furnished on a stamped paper duly sworn or affirmed by all the partners admitting execution of the partnership agreement or the general power of attorney. The attested copy of the certificate of registration of firm should also be enclosed along with the bid.

2.3 In case of Agency, it must be in possession of at least three(03)nos. of commercial light vehicles and/or two(02)nos. of commercial heavy vehicles registered in the name of proprietor/partners of the firm/ company at the time of bidding. The agency should meet total requirement of vehicles as specified in the tender. In case the Agency is unable to meet total requirement of vehicles on its own, it must produce authorization in shape of power of attorney from other legal vehicle owners in favor of the firm/company for the remaining vehicles so as to meet required number of vehicles as tendered.

2.4 OMC may allow the selected Agency to purchase & engage new light vehicle within 30 days & 60 days in case of heavy vehicle from the date of issue of Letter of Intent (LOI) in case the agency fails to meet total requirement of vehicles specified in the tender. However, the agency may engage one substitute vehicle before purchase of a new vehicle after consultation with the concerned Regional Head. The bidder has to submit a self declaration in this regard to be enclosed in Envelope-I.

3. OTHER DOCUMENTS REQUIRED FOR ELIGIBILITY: (i) The bidder should enclose self attested copy of all documents in support of

the vehicles supposed to be provided. All these documents are to be enclosed in Techno-commercial Bid cover (Envelope-I).

(ii) The bidder should submit valid Registration certificate as Commercial vehicle/taxi permit/Contract Carriage License , comprehensive insurance cover in favour of proprietor /partners /firm/ lessee /company, Fitness Certificate, Road Tax, Pollution certificate and any other documents as applicable under Motor Vehicle Act and Driving License & batch (where applicable) of the Driver proposed to be engaged.

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(iii) In case of vehicles to be engaged for Rayagada region, in addition to all documents as above, the Permit to operate in the state of Andhra Pradesh is required to be produced by the bidder within one month after receipt of the Letter of Intent (LOI).

(iv) In case of vehicles to be engaged in Shipment Office, Paradeep, required documents to operate inside the Port must be produced by the bidder within one month after receipt of the Letter of Intent (LOI) along with all other documents.

(v) The bidder must not be an employee of OMC. The bidder shall submit “No near relative certificate” as per Annexure-IV of the bid documents to be enclosed in Envelope-I.

4. TENDER PAPER FEE & EMD:

4.1 TENDER PAPER FEE: The cost of tender paper fee is Rs.1000.00 + GST

@18% (to be decided at RO level & put the value basing on the following slab) & shall be submitted in the form of an Account payee Demand Draft drawn on any Scheduled or Nationalized Bank in favour of “The Odisha Mining Corporation Ltd.”.

(a) Up to Rs. 10.00 lakh— Rs. 1,000.00 (b) Above Rs. 10.00 lakh & up to Rs. 25.00 lakh- Rs. 2,000.00 (c) Above Rs. 25.00 lakh & up to Rs. 2.00crore- Rs. 5,000.00

4.2 EMD (BID SECURITY): The cost of EMD is Rs.15,000.00 only for A.C. Scorpio Light Vehicle category (to be decided at RO level & put the value basing on the following slab) & shall be submitted in the form of an Account payee Demand Draft drawn on any Scheduled or Nationalised Bank in favour of “The Odisha Mining Corporation Ltd.

(a) Less than Rs. 5.00 lakh-Nil

(b) Rs. 5.00 lakh to Rs. 10.00 crore - EMD amount shall be calculated @ 2% of estimated annual value of the Services rounded to nearest hundred.

4.2.1 No interest shall be paid on the amount of EMD, deposited against

this tender. 4.2.2 The EMD of the technically disqualified bidders shall be returned

within 7 (seven) working days from the date of declaration of the list of technically qualified bidders. For all other successful bidders, the EMD shall be retained & returned within 15 (fifteen) working days from the date of signing of the agreement with L-1 bidder.

4.2.3 The EMD (Bid Security) of the successful bidder shall be forfeited for the following reasons. (i) If a bidder withdraws his bid during the period of bid validity OR (ii) If the successful bidder fails to sign the Agreement OR

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(iii) If the successful bidder fails to provide the vehicle within the stipulated days of award of Letter of Intent (LOI).

5. PREPARATION AND SUBMISSION OF BID: The tender should be submitted in two parts namely - Techno-commercial Bid

(Envelope-I) and Price Bid (Envelope-II). The Techno-commercial bid shall

contain all the pages of the NIT (except the Price bid, i.e., Annexure-II (which is

to be duly filled up, signed and enclosed in Envelope-II) signed in all pages and

duly filled up where ever required along with all the required documents. Both,

Envelope-I (Techno-commercial Bid) & Envelope-II (Price bid)separately sealed

with due super scribing are to be put in a bigger envelope which should also be

sealed and super-scribed as “Tender for Hiring of Light Vehicle / Heavy Vehicle ”

and shall be sent by post /courier addressed to The Regional Manager, The OMC

Ltd, Regional Office, Barbil-758035 or dropped in person in the Tender box kept

for the purpose in the Office of the Regional Manager, Barbil or office of the GM

(Mat), OMC Ltd ,Head Office ,Bhubaneswar . The responsibility for ensuring that

tenders are delivered in time would solely vest with the bidder. The OMC shall

not be responsible if the bids are delivered elsewhere or late.

6. BID FORM:

(i) The bidder should submit the Techno-commercial Bid (Annexure-I) and the Price Bid (Annexure-II) in the format as contained in the tender document.

(ii) The printed terms and conditions contained in the Tender Document shall form part of Bid as well as Agreement.

(iii) OMC shall not accept any deviations in respect of any conditions as laid down in the bid documents.

(iv) The envelope containing the bid should bear the name and complete postal address including telephone/mobile no. of the bidders.

(v) All the pages of the bid document should be signed by the bidder. (vi) The Bidder should submit the filled in Tender Compliance Sheet as per

Annexure-V in the tender document. 7. REJECTION OF BIDS:

Any one or more of the following actions/omissions will cause rejection of the bid: - (i) Any bid, received after the specified closing date & time. (ii) Any bid not accompanied by required EMD & Tender paper fee (iii) Any bid, without letter of authority from the principal, where ever

required. (iv) Any bid received unsealed. (v) Any bid, not signed by duly authorized signatory at appropriate places. (vi) Any bid, not accompanied by the required documents. (vii) Any bid with poor performance of the bidder in the past.

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(viii) Any bid of a bidder who is engaged in corrupt or fraudulent practices. (ix) Any conditional bid.

8. BID PRICES: (a) Bids with firm price only are accepted. (b) Rates should be quoted in figures as well as in words. (c) Rates must be quoted in the format as per Price Bid in Annexure-II

enclosed. (d) The rates for each category of vehicle to be engaged in Regional Office will

be quoted separately and for Mines under the region as one group will be quoted separately as per the Price Bid format.

9. PERIOD OF VALIDITY OF BIDS: The Bids shall remain valid for 180 days from the last date of submission of the bids. A bid valid for a shorter period shall be rejected by the OMC as non-responsive.

10. FORMATS AND SIGNING OF BID: 10.1. The Tender document shall be signed by the bidder or a person or

persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power of attorney accompanying the bid. The person or persons signing the bid shall initial all pages of the original bid.

10.2 Individual signing the bid or other documents connected with the

agreement shall indicate the full name below the signature. (a) A partner of the firm, if it be a partnership firm, in which case

he/she must have authority to execute contracts on behalf of the firm and to refer to arbitration disputes concerning the business of the partnership either by virtue of the partnership agreement or by a Power of Attorney duly executed by the partners of the firm.

(b) In case, the bidder is signing as partnership firms, a copy of the partnership agreement, or general Power of Attorney duly attested by a Notary Public, should be furnished on stamped paper duly sworn of affirmed by all the partners admitting execution of the partnership agreement or the general power of attorney. The attested copy of the certificate of registration of firm should also be enclosed along with the tender.

(c) In the case of partnership firms, where no authority to refer disputes concerning the business of partnership firm has been conferred on any parties the tender and all other related documents must be signed by all partners of the firm.

(d) A person signing the tender form or any documents forming part of the tender on behalf of another person should have an authority to bid such other person and if, on enquiry it appears that the persons so signing had no authority to do so, OMC may, without prejudice cancel the contract and hold the signatory liable for all costs,

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consequences and damages under the civil and criminal remedies available.

(e) The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be initialed by the person or persons signing the bid. In the absence of such an authorization the bid will be considered as non-responsive.

(f) The bidder should sign and affix his/her firm’s seal, in case of

partnership firm or company’s seal in the case of a company, at each page of the tender document as the acceptance of the offer. No page should be removed/ detached from the tender document.

10.3 The bidder will submit:

(a) Techno-commercial Bid: The Techno-commercial Bid Form shall be submitted in the format given in tender document (Annexure-I) along with all requisite documents. The tender document in original, duly signed in each page by the bidder, should also be enclosed with the Techno-commercial Bid. All the certificates submitted by the bidder should be valid on the date of tender opening.

(b) Price Bid: The Price bid shall be submitted in the format given in the tender document (Annexure-II).

11. SEALING AND MARKING OF BIDS:

11.1 The bidder shall seal the bid in an inner and an outer envelope. 11.2 (a) The inner and outer envelopes shall be addressed to the undersigned

at the following address: The Regional Manager, OMC Ltd., Regional Office, Barbil. (b) The inner and outer envelopes shall bear ”Tender for Engagement of “ Light / Heavy Vehicle “, the tender number and the words “DO NOT OPEN BEFORE THE DATE OF OPENING.” (c) The inner and outer envelopes shall indicate the name & address of the bidder to enable the bid to be returned unopened in case, it is declared late. (d) Bids delivered in person, shall be delivered in the tender box kept under the charge of the Regional Manager, OMC Office of the Regional Manager, OMC, or in the office of the GM(Mat) , The OMC Ltd. Bhubaneswar on or before the date and time specified in the tender document.

11.3 The OMC shall not be responsible if the bids are delivered elsewhere. The

OMC shall have no responsibility for misplacement of bids or their premature opening, if the outer envelope is not sealed and marked.

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12. SUBMISSION OF BIDS: 12.1 Bids shall be received by the undersigned at the address specified not

later than the date and time specified in the tender documents.

12.2 The OMC may at its discretion, extend the deadline for the submission of bids by amending the bid documents.

12.3 Any bid received after the deadline for submission of bids will be rejected and returned unopened to the bidder.

13. OPENING OF BIDS: The bids shall be opened in presence of the bidders or their authorized representatives, who choose to attend, at the date and time specified in Tender Documents. The bidder’s representatives, who are present, shall sign in attendance register. Authorisation letter to this effect shall be submitted, as per Annexure-III, by the bidder/representative before they are allowed to participate in bid opening. After techno-Commercial evaluation, the Price bids of qualified bidders shall be opened on a later date with due intimation to the bidders.

14. TECHNO-COMMERCIAL BID EVALUATION : 14.1. The OMC shall evaluate the Techno-commercial Bids to determine

whether they are complete and no computational errors have been made. The OMC shall also determine whether required documents have been furnished and the documents have been properly signed.

14.2. The OMC may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation.

14.3. The Techno-commercial Bids will be evaluated in respect to their substantive responsiveness or otherwise. Thereafter, OMC shall open the Price bids of only those bidders whose Techno-commercial Bids are found to be qualifying in the evaluation.

14.4 The Techno-commercial Bids shall be evaluated strictly on the basis of the eligibility conditions of the tender document. If any bid does not conform to any of the eligibility conditions, that will be summarily rejected.

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

14.6 No post bid clarifications shall be entertained. 15. EVALUATION OF FINANCIAL BIDS

Evaluation of the price bids shall be done as follows: The rates quoted by qualified bidders shall be ranked as L-1, L-2, and L-3 onwards in order of Lowest to Highest for each category of Vehicle separately for Regional Office & Mines. In case of any arithmetical error, such as discrepancy between words and figures, the amount shown in words shall prevail. The decision of OMC in this regards shall be final and binding on the parties.

16. RIGHT TO ACCEPT: The OMC does not bind itself to accept the lowest or any other tender. The OMC reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any

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reasons whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the ‟OMC” s action.

17. RIGHT TO RISK PURCHASE: If the Agency fails to fulfill the terms and conditions of the contract, OMC shall have the right to procure the services from any other agency for execution/completion of the contract and recover from the Agency all charges/expenses/losses/damages suffered by OMC, at the risk and cost of the Agency after giving 15 days notice to the Agency. This will be without prejudice to the rights of OMC for any other action including termination.

18. NEGOTIATION:

OMC may negotiate with the L-1 bidder so as to arrive at a reasonable rate, terms & conditions.

19. AWARD OF CONTRACT:

The contract will be awarded to the successful L-1 bidder. It is intended to award the contract to one bidder on the basis of L-1 rate provided the bidder is having the requisite number of vehicles of the category. In case the L-1 bidder is not capable of providing the required number of vehicles then L-2, L-3 bidders onwards will be asked to provide the vehicle at L-1 rate till the required number of vehicles are met. In such situation, the L-1 Bidder shall get the major quantity and the remaining quantity shall be distributed in the ratio of 70%:30% in case of two bidders and 50%:30%: 20% in case of three bidders as decided by the Regional Tender & Procurement Committee (RTPC).

20. DURATION/ PERIOD OF CONTRACT:

Total engagement period of each light vehicle shall be maximum 03(Three) years and 05(Five) years in case of heavy vehicles including Ambulance from the date of its engagement subject to renewal from year to year basis at the same terms & conditions as may be considered by the OMC based on the requirement and subject to assessment of performance of the bidder in a year by OMC. However, all light vehicles contract validity period shall be up to 31.03.2023 & 31.03.2025 in case of all heavy vehicles including Ambulance.

21. TAX DEDUCTION AT SOURCE:

Income Tax and any other taxes as may be applicable from time to time during the currency of the contract shall be deducted at source from the payments of the Agency.

22. TERMINATION OF THE CONTRACT :

If the agency fails to fulfill the terms and conditions of the Contract which are spelt out in the tender schedule, OMC shall have the right to terminate the Contract and award the total or balance service (if any) to any other agency i.e. L-2 onward at the risk and cost of the said agency after giving 15 days’ notice to the agency. Further it could be terminated if: (i) There is a force-majeure situation enforceable,

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(ii) Agency has given false declaration or document including affidavit, (iii) Due to conflict of interest between OMC & Agency during the Contract

execution, (iv) The Agency defaults in proceeding with the work and/or in complying with

any of the terms and conditions, stipulated in the Contract, (v) The Agency or firm or any of the partner represented by the Agency, in the

subject Contract is adjudged as Insolvent by the concerned authority and further if the Agency entity has been wound up and dissolved,

(vi) The Agency assigns/transfers/sub-lets the entire service or a portion thereof without the approval of the Competent Authority,

(vii) The Agency offers to give or agrees to give gift or any other consideration tangible or intangible, as inducement or reward for seeking or offering benefits in the Contract as the case may be,

(viii) Agency is an individual or a proprietary concern and the individual or the proprietor dies.

(ix) A court order or an order of a competent statutory forum is received in respect of the Service under consideration of the Contract.

Termination of the agreement shall not relieve the Agency of any obligations which expressly or by necessary implication survives termination. Except as otherwise provided in any provisions of the agreement expressly limiting the liability of the Agency, shall not relieve the Agency of any obligations or liability for loss or damage to OMC arising out of or caused by acts or omissions of the Agency prior to the effective date of termination or arising out of such termination. Even if Contract is terminated/abandoned prematurely, OMC reserves the right to deduct/impose penalties and shall remain indemnified, till such time all or any such claims are suitably addressed.

23. PERFORMANCE SECURITY/SECURITY DEPOSIT: The successful Agency shall have to submit Performance Security/Security Deposit in the form of Demand Draft or any other prescribed mode drawn on any Scheduled or Nationalised Bank in favour of “The Odisha Mining Corporation Ltd.” before execution of the agreement. Performance Security/Security Deposit shall be 10% of the Contract value (excluding taxes).

If L-1 Agency fails to submit the Performance Security/Security Deposit within the stipulated time period, EMD of such L-1 Agency shall be forfeited. In case of exigency, OMC reserves the right to award the work to L-2 Bidder at L-1 price if L-1 fails to submit the Performance Security/Security Deposit.

Performance Security/Security Deposit shall be extended by the Agency in the event of delay in completion of services as defined in the Contract document for any reason whatsoever. OMC’s claim period shall remain valid for two months after the expiry of the contract/Defect Liability Period or till the satisfactory performance of the objectives of the Contract, whichever is later.

In case after execution of the agreement, the successful agency fails to provide the vehicles with valid papers within the stipulated days or dates, its performance guarantee (security deposit) will be forfeited and it may be debarred from taking part in any tendering process in OMC for next three years.

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On breach of any conditions of the Agreement by the Agency, the Performance Security/Security Deposit shall be invoked by OMC with due approval of the Competent Authority.

24. ACCEPTANCE & SIGNING OF AGREEMENT: The successful bidder will be informed of the acceptance of the tender by way of Letter of Intent (LOI) as per Annexure-VII. Before issue of Letter of Intent (LOI), the agency is to produce all the Original Documents for verification by the designated official of OMC. After acceptance of Letter of Intent (LOI) by the Agency and on submission of Security Deposit, an Agreement will be signed with the agency/service provider on non- judicial stamp paper as per Annexure-VIII within seven days of issue of Letter of Intent (LOI). The performance shall be reviewed in a year and if found satisfactory the same contract may be extended further.

25. PRICE ESCALATION: The price finalized in the tender shall be applicable for the first year(Financial Year). In case contract period is extended further for subsequent years, price escalation @1.5% per year on the base price of first year shall be applicable for remaining period so as to take care of the enhancement of wages & VDA etc. of the wages component of the Hire Charges.

26. HOURS AND LIMITATION OF EMPLOYMENT:

26.1 Weekly day of rest: No person/driver shall be allowed to work for more than six days in any one week. The concerned person/driver shall be allowed one day rest/off day per week for undertaking any repair, maintenance of the vehicle. However, as per the discretion of the local authority, rest/off day can be allowed.

26.2 Working time: Generally, all vehicles shall be deployed for 12 hours or 24 hours basis. In case of the vehicles engaged on 24 hours basis, the agency shall have to provide required numbers of qualified drivers for the vehicle having requisite licenses. Normally, these vehicles are to be put on duty in those mines/regions where 3-shift operation is going on or in case of exigency. The period or work of any person/driver shall be so arranged that along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than five hours continuously before he has had an interval for rest of at least half an hour.

27. VARIATION IN QUANTITY:

During any time of the Contract period, OMC reserves the right to increase or decrease the quantity of vehicles depending upon its requirement. In case of increase or additional requirement of vehicle, the L-1 bidder shall be given preference first to meet the requirement at the same rate, terms & conditions. If the L-1 bidder fails to provide the vehicle, the concerned Regional Manager shall invite quotation from interested bidders giving the same rate, terms & conditions prevailing at their region by way of a Notice displayed in the Notice Board. The

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engagement period of such vehicle shall be ended with completion of that contract period finalized against a tender. Beyond contract period, no vehicle shall be engaged further. OMC at its discretion shall terminate the contract of the vehicles (not required) considering the age according to the date of registration/purchase.

28. DISPUTE RESOLUTION AND JURISDICTION:

When dispute/difference arises, both OMC and the agency shall make earnest effort in resolving the same amicably by mutual consultation and they may do so in writing, highlighting their respective point of view/case. The aggrieved party is duty bound to raise its case/grievance within 30 days from the date it occurred, whether in writing or otherwise amicably. In case of non-resolution of such disputes, the decision taken by Chairman/CMD/MD of the OMC shall be final and binding and shall not be amenable to any challenge. While processing a case for dispute resolution/litigation, OMC shall take legal advice, at appropriate stages. The Contract shall be governed by and construed according to the laws in force in India and subject to the exclusive jurisdiction of the Courts of Bhubaneswar only.

29. SET OFF:

Any sum of money due and payable to the Agency (including security deposit refundable) under this contract may be appropriated by Corporation and set off the same against any claim of the Corporation for payment of a sum of money arising out of this contract or under any other contract made by Agency with the Corporation.

30. FORCE MAJEURE:

“Force Majeure Event” means any event or circumstances or combination of events or circumstances which:

a) Are beyond the reasonable control of the Party affected by such event (the

Affected Party); and cannot by exercise of reasonable diligence, reasonable precautions and reasonable alternative measures (where sufficient time to adopt such precautions or alternative measures before the occurrence of such event or circumstances is available), be prevented or caused to be prevented;

b) Materially and adversely affects such Party’s performance of its duties or obligations or enjoyment of its rights under this Agreement.

Force Majeure Events shall include the following events to the extent they satisfy the above requirements and results in Material Adverse Effect;

(1) Act of God, including, but not limited to lightening, drought,

earthquake, volcanic eruption, landslide, flood, cyclone, typhoon,

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tornado, or exceptionally adverse weather conditions which are in excess of statistical measures for the last hundred (100) years;

(2) Fire caused by reasons not attributable to any Party or its employee or agents;

(3) Acts of terrorism;

(4) Strikes, labour disruptions or any other industrial disturbances not arising on account of the acts or omissions of any Party;

(5) Action of any Authority having Material Adverse Effect, including but not limited to;

a) Acts of expropriation, compulsory acquisition or takeover by any Authority of the mine facilities or any other part thereof or of the service provider’s rights in relation to the works,

b) Any judgment or order of a court of competent jurisdiction or statutory authority in India made against any party in any proceedings which is non-collusive and duly prosecuted by the said party, and

c) Any unlawful, unauthorized or without jurisdiction refusal to issue, or to renew, or revocation of any applicable permits, for reasons other than a Party’s breach or failure in complying with the obligations under this Agreement, Applicable Laws, Applicable Permits, any judgment or order of any Authority, or of any Contract by which the said Party is bound.

(6) Any events of national emergency or national security;

(7) War, hostilities (whether declared or not), invasion, act of foreign enemy, rebellion, riots, armed conflict or military actions, civil war, ionizing radiation, contamination by radioactivity from nuclear fuel, any nuclear waste, radioactive toxic explosion, volcanic eruptions;

(8) Geological conditions those were not reasonably foreseeable, as a result of which the mining is affected;

(9) Delay or refusal in renewal/ extension of the Mining Lease by the Government of Odisha or delay or refusal in renewal of environmental clearances by MOEF & CC, Government of India, and such other things as are incidental thereto, in favour of OMC.

30.1 Notice of Force Majeure Event:

As soon as practicable and in any case within 7 (seven) days from the date of occurrence of a Force Majeure Event or the date of knowledge thereof, the Affected Party shall notify the other Party of the same, setting out, inter alia, the following in reasonable detail:

(a) The nature and extent of the Force Majeure Event;

(b) The estimated Force Majeure period;

(c) The nature of and the extent to which, performance of any its

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obligations under this Agreement is affected by the Force Majeure Event

(d) The measures which the Affected party has taken or proposes to take to alleviate/mitigate the impact of Force Majeure Event and to resume performance of such of its obligations affected thereby; and

(e) Any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the parties under this Agreement.

As soon as practicable and in any case within 5 (five) days of notification by the Affected Party in accordance with the preceding, the Parties shall, meet, hold discussion in good faith and where necessary, conduct physical inspection / survey of the Site in order to: (a) Assess the impact of the Force Majeure Event,

(b) To determine the likely duration of Force Majeure period and,

(c) To formulate measures for mitigation of damage and steps to be undertaken by the Parties for resumption of obligations, the performance of which have been affected by the Force Majeure Event.

The Affected Party shall during the Force Majeure Period provide to the other Party regular (not less than weekly) reports concerning the matters set out in the preceding Clause, as also any information, details or document, which the other party may reasonably require.

30.2 Performance of Obligations:

If the Affected Party is rendered wholly or partially incapable of performing any of its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such obligations to the extent it is unable to perform the same on account of such Force Majeure Event provided that:

(a) Due notice of the Force Majeure Event has been given as specified above;

(b) The extent of non-performance shall not be greater and of no longer duration than is necessitated by the Force Majeure Event;

(c) The Affected Party has taken all reasonable efforts to avoid, prevent, mitigate and limit damage, if any, caused or is likely to be caused to the mine facilities as a result of the Force Majeure Event and to restore the mine facilities, in accordance with the Standard Industry Practice and its relative obligations under the Agreement;

(d) When the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party written notice to that effect and shall promptly resume performance

15

of its obligations hereunder, the non-issue of such notice shall be of no excuse for any delay for resuming such performance;

(e) The Affected party shall continue to perform such of its obligations which are not affected by the Force Majeure Event and which are capable of being performed in accordance with the Agreement; and

(f) Any insurance proceeds received shall be entirely applied to repair, replace or restore the assets damaged on account of the Force Majeure Event, or in accordance with Standard Industry Practice.

Save and except as expressly provided in the article above, neither party hereto shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to, or arising out of, occurrence or existence of any Force Majeure Event.

30.3 Termination due to Force Majeure Event: If a Force Majeure Event described above, in the reasonable judgment of the Parties, is likely to continue beyond a period of 6 (six) months or any other period as stipulated in the tender, the parties may mutually decide to terminate the Agreement or continue the Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, either Party shall, after the expiry of the above said period, be entitled to terminate the Agreement.

30.4 Termination Notice: If the Party, having become entitled to do so, decides to terminate the Contract pursuant to Clause above, it shall issue the Termination Notice setting out: (a) Details of the Force Majeure Event and the reasons what for it is

invoked;

(b) Termination date which shall be a date occurring not earlier than 2 (two) months from the date of such Termination Notice; and

(c) Any other relevant information.

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SECTION - 3

GENERAL CONDITIONS OF THE CONTRACT: 3.1 Submission of bid against this offer will bind the bidder to the acceptance of all

the conditions specified herein or in NIT unless otherwise agreed by the OMC. 3.2 The contract period as stipulated in the Letter of Intent (LOI)/ Agreement/

Contract shall be deemed to be essence of the contract. 3.3 The agreement shall be governed by the Indian Laws. The Courts at

Bhubaneswar shall have jurisdiction to entertain any dispute or the claim arising out of the contract-agreement

3.4 The vehicle to be supplied by the bidder is to report to the designated Officer of

OMC which will be informed in the Letter of Intent (LOI). The vehicles must be available at any time of day as desired by OMC. In course of contract period, the said vehicle shall not be utilized elsewhere other than OMC.

3.5 The bidder should fulfill all criteria for engagement of School Buses as per Sl.

No. 8 of Section-4. 3.6 The bidder shall have to produce proof of EPF Registration Number. if awarded

the Work within 45 days of Issue of Letter of Intent (LOI) failing which no payment of Hired charges shall be made and the work so awarded shall be rescinded.

3.7 Once the hiring of vehicles commences from a particular sole

proprietor/agency, the vehicles and drivers should not be changed unless so requested for by the OMC.

3.8 The agency shall indemnify the OMC against all other damages/charges for which the Government/Department may be held liable or pay on account of the negligence of the agency or his staff or any person under his control whether in respect of accident/injury to the person or damages to the property of any member of the public or any person or in executing the work or otherwise and against all claims and demand thereof. The OMC shall not be responsible financially or otherwise for any injury to the driver or person deployed by the agency/service provider during the course of performing the duties.

3.9 Operation and function of vehicles and Drivers shall be governed by Motor Vehicles Act/Motor Vehicles Rules and Odisha Motor Vehicles Rules and these shall be the responsibility of the agency.

3.10 The vehicles to be provided by the agency should be in perfectly good and sound condition.

3.11 In case of breach of any of the terms and conditions mentioned above, the

OMC, shall have the right to cancel the contract without assigning any reason and shall also have right to forfeit the security deposit.

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3.12 The Agency shall not assign or sublet the work or any part of it to any other person or party.

3.13 The tender is not transferable. 3.14 PENALTY :

3.14.1 (a) In case the sole proprietor/ agency fails to provide the vehicle within the stipulated period or fails to meet the requirement, unless such failure is due to force majeure situation, as defined in the Contract or due to OMC’s default, agency shall pay to OMC by way of penalty for delay. Penalty shall be 2% per month of the delayed portion or part thereof subject to maximum of 10% of the total Contract value (excluding taxes).

(b) In case of break down, the vehicle has to be replaced by other vehicle of same type within a period of 08 hours which can be put to service till the resumption of duty of the original vehicle or up to seven days whichever is earlier. The hire charges for the absence period shall not be paid.

(c) In case of non-availability of the original vehicle beyond seven days due to major break down, accident, legal dispute etc., the Agency has to substitute a similar vehicle for the remaining period of the contract with same terms & conditions informing the details to the OMC management. However acceptance of the substitute vehicle will be at the sole discretion of OMC who will nominate a committee to inspect the detail document and condition of the substitute vehicle. In this case, a new agreement is to be entered in to by the Agency.

(d) In case it is found that the fuel supplied to the vehicle is short in the vehicle as per log book, the cost of such shortage quantity shall be recovered at the actual rate of purchase with 17.5% storage charge from the running bill for the same month along with applicable GST.

(e) In case the agency withdraws during the first year of the contract period, the Security Deposit (SD) shall be forfeited & it shall not be allowed to participate in any tender for the next three years. However, if the agency withdraws from the contract within any time during the next two years of the contract period, penalty by way of forfeiture of Security Deposit shall be imposed.

3.14.2 All sums payable by way of penalty under any of the conditions will be

considered as reasonable compensation without reference to the actual loss or damage, which will be sustained. Payment of penalty shall not affect the agency/service provider liabilities towards statutory variations including all taxes, duties, levies etc. GST on penalty shall be recovered along with penalty.

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3.14.3 Unless and otherwise stipulated in the Contract/Agreement, during the extended period of the Contract, the Contract rates shall remain firm and there will not be any additional increment of idle charges. The escalation clauses of the Contract shall not be applicable if the Contract is extended with imposition of penalty.

3.14.4 The Competent Authority is authorized to waive penalty arising out of Service under the delegation of powers.

3.14.5 When the agency fails to engage the vehicle in time, the Competent Authority may levy or may completely waive the compensation recoverable from a agency after recording the reasons there for.

3.15 MODE OF PAYMENT: 3.15.1 No payment shall be made in advance and no loan from any bank or

financial institution shall be recommended on the basis of award of work. No payment towards hire charges shall become due and payable to the agency/service provider until Contract/agreement is signed.

3.15.2 The Agency shall submit the bill/invoice in triplicate for utilization of the vehicle for the preceding month within the first week of succeeding month before the utilizing authority, along with the Log-Book. The utilizing authority shall certify on the body of the bill, the number of days the vehicle utilized during the month and forward the same to the concerned vehicle section. The In-charge of vehicle section shall forward the bill/invoice to the officer dealing with statutory matters.

3.15.3 The Officer of Regional Office dealing with statutory matters to check the following documents: (a) Proof of payment of monthly wages of the current month to the

driver of the vehicle by way of copy of updated Bank Pass Book.

(b) Copy of EPF deposit Challan with online confirmation slip for the month preceding the previous month for which bill is submitted. However EPF documents for the first month of engagement shall not be checked for effecting payment of that months hire charges.

3.15.4 Labour Welfare section shall verify the invoice & certify that the

agency/service provider shall fulfill all statutory compliance and forward the invoice to the concerned vehicle section.

3.16.5 Mode of payment: The head of vehicle section after making necessary Service Entry in system shall forward the certified bills to finance section for validation and release of payment. The Concerned Finance section of the Regional Office shall make payment of the recommended amount by e-mode only. Any relaxation to this mode of payment shall require the approval of the Competent Authority. The agency should be

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asked to furnish his bank details while submitting the bills for settling the dues through bank. The Agency shall be encouraged to open bank account with OMC banker at Regional Office/Head Office for facilitating direct transfer of dues through RTGS to agency’s bank account. In such case, the Agency should submit filled in format (Mandate Form) as per Annexure-VI. Where there is no scope for direct transfer to the agency’s bank account, the payment would be made by DD/Cheque, which would be sent to the agency by registered post by the Accounts section. The bills presented for payment must contain GST if applicable. The GST shall be paid extra as per Government rates applicable from time to time. At the time of payment of bills, the taxes liable to be deducted, if any, shall be deducted at source as per Government rules and guidelines as may be prevailing at the time of payment. The amount of penalty shall however be withheld/deducted (as the case may be), by the finance department, from the bills of agency/service provider, while releasing payments as per the terms mentioned in the Contract subject to waiver of the same latter by the Competent Authority.

3.16.6 The office of OMC shall be at liberty to withhold any of the payments in

full or in part subject to recovery of penalties mentioned in Cl.No:3.12 of the tender document.

3.16.7 Defective bills shall be returned to the agency within 07(seven) working days. No payment shall be made on defective/incomplete bills. Payment against any amount under dispute can be made when the objection has been removed /settled and the agency submits fresh invoice for the same.

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SECTION - 4 SPECIAL TERMS AND CONDITIONS: 4.1 Fuel shall be provided by OMC at the following rate specified below.

Sl. No. Type of Vehicle

Rate of Fuel to be supplied by OMC for

each category of vehicle(Km/Ltr)

1 Bolero(AC)/ Ambulance (AC) 11

2 Scorpio/ Xylo (A/C) 10

3 Camper/ Winger/Pick up(Non AC) 08

4 Camper/ Winger/Pick up (AC) 07

5 16/17 Seated Bus (Non AC) 07

6 16/17 Seated Bus (AC) 06

7 24/32/36 seated Bus (Non AC) 06

8 24/32/36 seated Bus (AC) 05

9 52 seated Bus (Non AC) 04

10 52 seated Bus (AC) 03

11 9KL Water Tanker 04

12 12KL water Tanker 03

4.2 A POL Slip will be used for getting fuel which will be signed by a designated

Officer of OMC after verifying the balance stock of fuel in the fuel tank of the vehicle with the Log Book of the vehicle considering the proposed distance to be travelled daily. No lubricants shall be provided by OMC. Lubricants required in course of the run of the vehicle shall be supplied by the agency/service provider.

4.3 The vehicles to be provided by the Agency should be kept neat and clean and in sound working condition and suitable for usage by the Corporation Officers.

4.4 All repair & maintenance of the vehicle in course of the contract period shall be the sole responsibility of the agency/service provider.

4.5 All statutory & other liability of the vehicle which may arise in course of operation during the contract period shall be to the sole responsibility of the agency/service provider.

4.6 The hired vehicle so supplied by the Agency shall be well equipped with fire safety as per the standards of the Motor Vehicle Act as applicable.

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4.7 The Agency shall assign the job of driving of the hired vehicle only to qualify and expert licensed drivers and also assumes full responsibility for the safety and security while driving. No direct or indirect liability arising out of negligent, rash and impetuous driving which is an offence under section 279 of the IPC and any loss caused to the property of OMC have to be suitably compensated by the Agency. OMC shall not bear any tortuous liability, vicarious or otherwise for want of any reasonable case or caution on the part of the drivers in the act of driving or use for illegal purpose of the vehicle engaged/supplied to OMC.

4.8 Agency/Owner of the Vehicle shall be liable for the followings. (i) Any theft, burglary, fire, accident, traffic rule violations or any other

unlawful acts/deeds by his staff/driver.

(ii) Payment for any legal action/Court Cases of compensation payable arising out of any act of the vehicle.

(iii) Payment of taxes/surcharges levied by Central/State Govt. (iv) compensation to their employees in case of accident as per Workman’s Compensation Act.

(iv) All statutory payment of benefits to their employees as applicable.

4.9 The Vehicles will generally be required by the OMC offices for operating in their jurisdiction which covers the state of Odisha including Andhra Pradesh for vehicles engaged for Rayagada zone.

4.10 The driver should be in proper uniform, well versed with Odisha/Andhra routes and he should be well behaved and courteous to the officers. The driver should have a mobile connection with him for the purpose of communication.

4.11 Normally no accommodation shall be provided to the driver of the vehicle or for the employees of the agency by OMC. However in case of availability, OMC may consider for providing the same on chargeable basis as applicable.

4.12 The Terms and conditions once finalized shall be valid and firm for a period of

one year and if extended for subsequent years.

4.13 Parking Charges, Toll Charges, Municipal/Cantonment board Charges and Inter State Tax while on duty to OMC Office shall be payable on actual basis on submission of the payment receipts / challan / token with the monthly bill.

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5. STATUTORY LAWS: All prevailing statutory laws and regulation / acts and rules etc. as applicable to this contract shall be complied by the agency/ service provider . In case of failure to do so, OMC may at its discretion ensure compliance directly on its behalf and recover the expenses including penalties and/or takes such action as deemed fit at service provider’s risk and at agency/ service provider‘s cost. The agency/ service provider shall always keep the company indemnified against all dues, claims; payments of benefits relating to the employees engaged by them and shall reimburse such money as may be demanded by the company. 5.1 The agency/service provider shall engage manpower according to the

statutory provisions specified in several employment Acts and shall be responsible for compliance with the applicable laws, amendment rules and regulations & order during the contract period including but not restricted to the following:

i) Minimum Wages Act - 1948 ii) Payment of Wages Act - 1936 iii) Mines Act- 1952 and Rules - 1955 iv) Workmen’s Compensation Act -1923 v) Contract Labour (R&A) Act -1970 vi) Payment of Bonus Act -1965 vii) Employees PF and Miscellaneous Provision Act-1952 viii) Employees State Insurance Act-1948 ix) Leave and Leave Encashment x) Payment of Gratuity Act & Rules-1972 xi) Industrial Dispute Act-1947

5.2 In case the agency/service provider fails to observe and perform and

discharge its / his obligation under the applicable laws, OMC shall recover from the service provider any cost or expenses that it may have incurred or suffered on account of failure of the service provider.

5.3 The agency/service provider shall abide by the decision / recommendation / award of the labour court/ industrial tribunal / wage board or commissions appointed by the appropriate authority and shall arrange implementation of the decision / recommendation / award from time to time and maintain such relevant records and registers as are required to be maintained under the Applicable Laws including such legislation / award / decision and produce them before the OMC and other authorities as and when required under any Applicable Laws.

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5.4 The agency/service provider shall be fully responsible for his workers with regard to terms of employment / non-employment and condition of service. OMC will not be held responsible in any manner whatsoever in respect of the worker engaged by the service provider for carrying out the job in OMC.

5.5 All the statutory liabilities and obligations should be taken into account while

quoting of rate by the service provider and payment to its workers to be made accordingly.

5.6 There will be no relationship of Employer – Employee between the OMC and

man-power engaged by the service provider under the contract and no claim of employment will be entertained or tenable. It shall be the responsibility of service provider to regulate and effect any terms of employment with the engaged manpower without any liability whatsoever to the OMC.

5.7 The name of the driver of each vehicle shall be maintained in the B-register

as per Mines Act wherever applicable. 6. GST CLAUSE:

i) Bidders should have registration under the GST Act or provide an undertaking that it is not required to obtain GST registration under GST Act..

ii) The agency whose services are taken by OMC has to raise invoices as

required under section 31 of the GST Act and relevant rules made there under.

iii) The invoice should contain the particulars as required under Rule 46 of CGST

Rules. iv) The agency should file the GST Returns as required in the GST Acts, and

details of invoice submitted to OMC and GST amount charged thereon should reflect in Form GSTR-2A within a reasonable time, so as to make OMC enable to take Input Tax Credit (ITC) of the GST amount paid against those invoices.

v) If due to any reason attributable to the agency, the input credit of the GST

amount paid on invoices raised by the agency is not available to OMC/ or is denied to OMC, then the same will be recovered from the dues of the agency or the agency has to deposit an equivalent amount with OMC.

vi) The agency has to comply with all the provisions of the GST Act, and rules

and notifications issued there under. vii) The agency hereby undertakes to indemnify OMC, from any liabilities arising

in future due to non-compliance by the agency of the GST Act, rules and any other Acts currently in force and applicable to the agency by OMC.

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7. COMPLIANCE TO SOCIAL ACCOUNTABILITY – 8000 STANDARD: 7.1.1 OMC has implemented SA-8000 International standard. As part of due

diligence to meet SA-8000 requirement, the bidder / agency shall be required to ensure / adhere to the following in the entire supply chain:

a) The organization shall not engage in or support any form of child labour.

b) The organization shall refrain any form of forced labour. c) The organization shall provide safe work place and healthy work

environment and shall adhere to all statutory provisions / notifications, rules and regulations made there under.

d) The organization shall respect the right of worker to organization themselves and bargain collectively.

e) The organization shall not allow or support any form of discrimination among its workers and shall not engage in or tolerate any form of corporal punishment.

f) The organization shall follow the statutory rules and regulation pertaining to normal working hours.

g) The organization shall respect the right of the workers to minimum wages as prescribed by State / Central Government from time to time.

h) The organization shall meet all requirement specified by this international standard from time to time.

7.1.2 OMC shall conduct a due diligence survey (through questionnaire) in your organization as step towards further extension of the commitment towards Social Responsibility in our supply chain.

8. CRITERIA FOR SCHOOL BUS:- (a) School buses should be painted yellow. (b) School Bus must be written on the back and front of the bus. If it is hired bus,

“On School Duty” should be clearly indicated. (c) Bus should have a First Aid Box. (d) Bus should be fitted with speed governor of specified standard. (e) The windows of Bus should be fitted with horizontal grills. (f) There should be a fire extinguisher in the Bus. (g) School Name & Telephone No. must be written on the Bus. (h) The doors of the Bus should be fitted with reliable locks. (i) To keep the school bags safely, there should be a space fitted under the

seats. (j) There must be a qualified attendant in the Bus to attend to Children. (k) Any guardian or a teacher sitting in the bus may also travel to ensure these

safety norms. (l) The driver should have at least 05(five) years of experience of driving heavy

vehicles. (m) A driver who has been challenged more than twice in a year for offences like

red light jumping, violation of lane discipline or allowing unauthorized person to drive, cannot be employed.

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(n) A driver who has been challenged even once for the offence of over speeding, drunken driving and dangerous driving etc. cannot be employed/re employed.

9. WATER TANKER:

The chassis of the Water Tanker must be designed according to the carrying capacity prescribed as per Motor Vehicle Act of the Government. The Water Tanker should be associated with pumps and its accessories for drawing, pouring and spraying of water. The fuel used for water pump shall be provided by OMC at actual basing on the running hour recorded in the concerned log book of water tanker.

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ANNEXURE-I

TECHNO-COMMERCIAL BID FORM To, RM, OMC Ltd. Regional Office, _____________

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

NIT Reference:-______/OMC/_____________, dated ____________

Sir,

The Techno-commercial bid contains the following details- 1. 1. Name of the bidder: _____________________________________________ 2. Address of Bidder (with Tel. & Mob. No.) :

_______________________________ __________________________________________________________________________________________________________________________________

3. Nature of the Ownership: (Sole Proprietor/ Partnership firm/ Company) _________________________________________________________________

4. PAN Number of the bidder: ___________________________________________ 5. GST No: ______________________________________________________ 6. EPF Code Number (If available already): ________________________________ 7. Whether existing Vehicle already on hire with OMC or not: Yes/No (Put a tick

mark as applicable) The Details of Vehicles are as below: 8. Quantity & Type of Vehicles proposed to be engaged;

Sl. No.

Type of Vehicle

Qty proposed for engagement

Vehicle Registrati

on No

Make & Model

of Vehicle

Manufacturing year & date of Registration

of the Vehicle

Date of Purchase

of the Vehicle

Remarks

(Self attested photocopy of supporting documents for Sl.No.3, 4, 5 & 6 as well as the RC, Purchase Invoice of the vehicle, Permit License, Insurance, Pollution certificate & Contract Carriage License etc. if applicable to be attached.) 9. Earnest Money Deposit. (Details): ______________________________________ 10. Tender Paper fee (Details): ___________________________________________ Original tender document, signed each page by my authorized representative or me. I/We undertake that I/we have carefully studied all the terms and conditions and understood the parameters of the proposed work of the office of OMC, and shall abide by them. I/We further undertake that the information given in this tender are true and correct in all respect and I/we am/are responsibility for the same. Date: ___________ (Signature of the bidder)

(With seal of the firm)

27

ANNEXURE-II

PRICE BID FORM

To

The Regional Manager, OMC Ltd, Regional Office ______________. Subject:- Submission of Price Bid in respect of Tender for Hiring of ___________ Vehicles

NIT Reference:-________/OMC/ dated _____________ .

Sir,

The Financial bid contains the following details-

For supply of ________________ Vehicle:

Sl.No

Type of Vehicle

Quantity of Vehicle

to be provided

Place of Utilisation

Rate per Month excluding GST (in Rupees )

12 hours basis 24 hours basis In

Figures In

Words In

Figures In

Words 1. Regional

Office

2. Mines of the region

NB. Bidders shall have to quote the rate of each vehicle for 12 hours & 24 hours basis positively. Certificates: 1. Certified that the rates quoted above are inclusive of all Levies excluding GST

imposed by State Government / Central Government for operating light/heavy vehicle and shall be firm throughout the contract period.

2. Certified that I have carefully quoted the rates both in words and figures. In case of dispute, rates quoted in words shall be final.

3. Certified that I agree with all the terms and conditions of the tender document.

Date: -----------

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

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ANNEXURE-III

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

To

The Regional Manager, OMC Ltd, Regional Office ______________. Subject: - Authorization for attending bid opening on ________ in the Tender respect of Tender for Hiring of Light/heavy Commercial Vehicles.

NIT Reference:-_________________/OMC/ dated _________

Sir,

I hereby authorize the following person to attend the bid opening for the tender mentioned above on behalf of _________________ (Bidder)

Name :

Specimen Signature :

I.

Signature of bidder Or authorized person to sign the bid documents on behalf of the bidder

(In case of proprietary concern the certificate is to be given by the proprietor, for partnership firm by all partners and in case of limited company by all the directors of company)

Note:

1. Maximum of One representative will be permitted to attend bid opening. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.

Signature of the Bidder with seal

29

ANNEXURE-IV

CERTIFICATE (FOR NEAR RELATIVES IN OMC)

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

I.................................. S/o............................hereby certify that none of my relative(s) as defined in the tender document is/are employed in OMC unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/incorrect, OMC shall have the absolute right to take any action as deemed fit/without any prior intimation to me. I/We hereby declare that the information furnished above is true and correct Place: ----- Signature of Bidder/Authorized Signatory------ Date: ------ Name of the Bidder------------------------------

Seal of the Bidder-------------------------------- The near relative (s) means: a) Members of a Hindu Undivided family; b) They are husband and wife. c) The one is related to the other in manner as father, mother, son(s) & son’s wife

(daughter-in-law),Daughter (s) & daughter’s husband (son-in-law),brother (s) and brother’s wife, sister (s) and sister’s husband (brother-in-law)

In case of proprietorship firm, certificate will be given by the proprietor, and in case of partnership firm, certificate will be given by all the partners and in case of Ltd. Company by all the Directors of the company or company secretary on behalf of all directors. Any breach of these conditions by the company or firm or any other person, the tender/work will be cancelled and earnest money/security deposit will be forfeited at any stage whenever it is so noticed. The OMC will not pay any damages to the Company or Firm or the concerned person. The company or firm or the persons will also be debarred for further participation in the OMC.

Signature of the Bidder with seal

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ANNEXURE-V

TENDER COMPLIANCE SHEET Sub: Tender for hiring of ________ vehicles in OMC. NIT Ref: _____/OMC/___________________, Dated. ______________

Sl. No

Description of the document to be submitted

Whether complied/ submitted (Yes/No)

Page reference of

the document

Remarks if any

1 Demand Draft towards cost of tender fee

2 Demand Draft towards cost of EMD 3 Submission of ownership proof (for

proprietor firm) / copy of partnership deed and RC (for partnership firm)/ copy of MoA and RC of the firm (for Ltd Company.)/Registration certificate (for Travel Agency)

4 Manufacturing Year ,Date of Purchase/Registration of Vehicle

5 Self attested Copy of GST registration 6 Self attested Copy of PAN 7 Self attested Copy of Vehicle

Registration, Insurance, Pollution, Permit, Driver License Cover

8 Filled up Techno-commercial Bid Form 09 Filled up Price Bid 10 Each page of Tender Document signed 11 Letter of Authorization for attending

the bid opening

12 Affidavit of No Near Relative Certificate

Signature :

Name :

Name & address of the Agency: ______________________________________

_________________________________________________________________

(Signature of the bidder with seal)

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ANNEXURE-VI

MANDATE FORM (FOR ENABLING E-PAYMENT) (Preferably in payee's Letter Head)

TO THE ODISHA MINING CORPORATION LIMITED, ______________________________ ______________________________ ______________________________ Sub: Mandate for getting payment through electronic mode i.e. EFT/NEFT/RTGS. Dear Sir,

We are hereby giving our consent to get all our payments due from The Odisha Mining Corporation Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this regard. (Please furnish the information in capital letter) 1. Name of the Vendor 2. Address of the Vendor

PIN Code IT PAN E-mail ld Mobile No Phone FAX No

3. Bank Particulars: Bank Name Branch Name Branch Place Account No. Account Type Saving/Current/Cash

Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank Enabled * Yes/No Branch Code MICR Code IFSC Code

* In case of Vendors having Bank account in Andhra Bank 4. Effective Date

We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or not effected for incomplete/incorrect information/any other technical reasons, we will not hold The OMC Ltd. responsible. Date: Signature of the Party with seal

Certified that the Bank particulars furnished are correct as per our record. Date: Signature of the Party with seal

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ANNEXURE – VII

LETTER OF INTENT (LOI)

Ref. No. _____________ Date: ____________ To: _____________________________ _____________________________ _____________________________ _____________________________ LOI No. ______________________________ SUB: ___________________________________________________ (Bid Doc. No. : ___________________________________________) This has reference to your offer No. __________________ dt. ____________ for the

aforesaid bid and various correspondences resting in your final letter Ref. No.

_________________, dt. _____________. OMC is pleased to award the subject

service/work to you at a total price of Rs. _____________ (Rupees ______________

___________________________ only) on monthly service rate basis. The amount is

exclusive of tax which shall be paid extra.

The date of commencement of work shall be reckoned from the date of issue of this

Letter of Intent i.e. ____________ and the work shall be completed in all respect

within a period of ________ months unless otherwise duly extended.

___________________________________ is the Manager/ Engineer/ Officer-In-

charge for this work. Please contact ___________ for commencement of the work.

Please confirm your acceptance by post: ___________________________________ Please make necessary arrangement for submission of Security Deposit and other

formalities as per the terms of the tender.

(_________________) Authorize person to sign

PCC: To above address by Speed Post. Cc: ____________________________________________

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ANNEXURE-VIII

AGREEMENT FOR VEHICLE HIRE (to be executed on non-judicial stamp paper and to be duly notarized)

This agreement is made on this ______________ day of 2020 between M/s_________________________________________ (herein after called the Agency whose term includes its successors and assignees) whose registered office is at __________________________________________ and is registered under __________________________________________ and acting through its authorized official. __________________________________, and The Odisha Mining Corporation Ltd. (Herein after called OMC whose term includes its successors and assignees) whose registered office is situated at OMC House, Bhubaneswar and acting through its authorized official, _____________________, at ____________ Office at __________________. The Agency will provide vehicles on hire basis for OMC for official use on the terms and conditions herein contained, and at the rate of Rs._____________ per Month. The “Agency” has deposited Rs.__________ (Rupees ___________________________________) as interest free Performance Security. Now these present witnesses and it is hereby agreed and declared by and between the parties to these present as followings.

1. The Agency shall during the period of this contract that is to say from _________ to ________ or until this contract is determined by such notice as herein after mentioned, will provide _____________ vehicles not older than ____________ year model, on the rates accepted as described in schedule vide Appendix-I to this agreement.

2. The Agency shall comply with all the terms and conditions of TENDER

documents contained which are part and parcel of this agreement and forms integral part of this agreement and also the following.

3. The authorities of OMC indicated in Appendix-I shall engage the vehicles on

monthly basis. It is anticipated that the Agency will supply vehicles to these authorities on regular basis until such time the contract is valid and the parties in agreement are satisfied with the performance of the contract.

4. The Agency agrees with the OMC that every contract of hire order should be

subject to the terms of this Agreement for vehicle Hire and in the event of a conflict between these terms and the terms in hire order, the terms of this Agreement for vehicle Hire shall prevail.

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5. Agency will provide vehicles to OMC not older than year ____________ model, and registered for the commercial purpose only and taxes; insurance etc. due on such vehicles shall be the liability of the Agency.

6. The Agency should provide the particular model and make of vehicle as agreed upon in the contract. The OMC only reserves the right to substitute it with another similar vehicle. If for any reason whatsoever the OMC is not happy with the condition of the vehicle provided, the Agency will be informed immediately and they should accept the liability to replace it as per requirement.

7. Agency will submit bills to the ____________ Section of _____________, of OMC on monthly basis for release of payment by OMC.

8. The driver of the vehicle shall be provided with the RC Book, Driving License and other relevant papers of the vehicle which should be produced as and when required by the Officers or the statutory authorities.

9. If the Agency fails to provide the vehicle to OMC and if the service is not found satisfactory enough, the OMC shall have the right to terminate the contract in whole or part as per Clause 22 of Section-2 of Tender Document.

10. In the event of any mechanical failure/ break down of vehicle after its reporting duty, the Agency shall arrange for replacement by another suitable vehicle. Non compliance may attract penalty as per Clause 3.12 of Section-3 of Tender Document.

11. In the event of failure on the part of Agency to supply vehicles as mentioned in the preceding paragraph, penalty as per Clause 3.12 of Section-3 of Tender Document shall be imposed.

12. In case of any accident resulting in loss or damage to property of life, the sole responsibility for any legal or financial implication would vest with the Agency. OMC shall have no liability whatsoever.

13. The Tender Document No. __________ Dated _______, which is annexed to this agreement shall form part and parcel of this Agreement and integral part of this agreement. The terms & conditions not specified here in the agreement but given in the Tender document shall form part and parcel of the agreement.

14. That Agency is liable for any legal dispute/cases/claims that have arisen or may arise during the currency of the agreement in respect of vehicles provided by Agency. OMC will not be liable for any loss, damages, etc. suffered/ to be suffered by Agency or third party as the case may be.

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15. The Agency shall also be liable for all fines, penalties like parking, traffic and other criminal offences etc. arising out of or concerning the use of the vehicle during the hire period.

16. In the event of any question, dispute or difference arising under the agreement or in connection therewith, the same shall be decided through civil court.

Signed ____________________ Signed ____________________ For and on behalf of the OMC For and on behalf of the Agency Name (in capital letter) __________ Name (in capital letter) ________ Position _______________________ Position ____________________ Date ____________ Date _____________ In the presence of Witnesses In the presence of Witnesses 1. 1. 2. 2.

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Appendix – I

THE ODISHA MINING CORPORATION LTD (Part of Agreement for Hiring of vehicle)

Period of Contract: _________________________________

Name of Unit: _____________________________________

Sl. No

Name of

Unit

Address

Regd.No. of

Vehicles Allotted for Hire

Monthly Hire

Charges Per vehicle

Make Model

1.

2.

Signed ___________________________

(On behalf of OMC)

Name (in capital letters):_____________ Position:__________________________ Date: ____________________________

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Appendix – II

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

(Part of Agreement for Hiring of vehicle)

I/We ______________________________________ (Name of the owner/ Agency) do hereby solemnly affirm and state as follows: 1. That I am/we are the owner of the Vehicle bearing Regn.

Number___________________.

2. That I/We shall pay the wages not less than the minimum wages to the drivers/workers engaged for the work under this contract.

3. That I/We shall be solely responsible to comply with all the statutory obligations as employer including all contributions under Clause No-5 of Section-4 of the tender document i.e. P.F and Pension Scheme(EPF) etc under the Employees’ Provident Fund and Misc. Provision Act-1952, Employees’ Deposit Linked Insurance (EDLI), Employees’ State Insurance Act 1948,etc and all other such obligations/liabilities in respect of the Driver/Workers engaged by me for the job under this contract as per applicable statutory provisions /Law and Government Notifications and will take full liability on this account.

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

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

6. That this affidavit is being produced before the authority of The Odisha Mining Corporation Ltd in respect of the work “Engagement of the Vehicle bearing Regd. No. ____________________ on hire” for the period from ___________ to ___________at ___________office/Mines of OMC Ltd.

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