CA NO.

: CDR 44TF/ /2024-25

TENDER NO. : 8002/CDR 44 TF-02/2024-25/E8

NAME OF WORK: “HIRING OF 02 NOS MAHINDRA SCORPIO DIESEL (4X4) ALONG

WITH DRIVER WITHOUT POL FOR CONVEYANCE OF TROOPS TO VARIOUS
LOCATIONS UNDER AOR OF HQ 44 BRTF/PROJECT BRAHMANK IN ARUNACHAL
PRADESH STATE FOR FINANCIAL YEAR 2024-25”

DATE OF PUBLISHING OF : Jul 2024

TENDER DOCUMENTS

DATE OF RECEIPT : Jul 2024 up to 16:00 Hrs

DATE OF OPENING : Jul 2024 at

16:30 Hrs(UN-PRICED BID / TECHNICAL BID)

DATE OF OPENING : WILL BE ANNOUNCED LATER &

(PRICED BID) INTIMATED TO TECHNICALLY
QUALIFIED TENDERERS BY GeM

PLACE OF OPENING : HQ 44 BRTF, ALONG,

ARUNACHAL PRADESH.

ESTIMATED TENDER COST: 9.64 LACS

CA AMOUNT :…….………..

CA Awarded on : 2024
 BORDER ROADS ORGANISATION
MINISTRY OF DEFENCE
HEADQUARTERS 44 BORDER ROAD TASK FORCE
PROJECT BRAHMANK

NAME OF WORK: HIRING OF 02 NOS MAHINDRA SCORPIO DIESEL (4X4) ALONG WITH
DRIVER WITHOUT POL FOR CONVEYANCE OF TROOPS TO VARIOUS LOCATIONS UNDER
AOR OF HQ 44 BRTF/PROJECT BRAHMANK IN ARUNACHAL PRADESH STATE FOR
FINANCIAL YEAR 2024-25.

1. Tendering procedure shall be single-stage two bid system and documents shall be
prepared in two parts as under
Part-I (‘Technical Bid’ – ‘T’ Bid) Part-II (‘Price/Commercial-‘Q’ Bid)

2. Part-I (Technical Bid – ‘T’ Bid)

2.1 (a) Tender to be submitted (Online) by the bidder will be comprised of following
documents: -
(i) Scanned copy of Bid security declaration (Enclosed as Annexure I)

(ii) Scanned copy of Earnest Money Deposit by un-enlisted Contractor and enlisted
Contractors who have not submitted standing security deposit.

(iii) Scanned and signed copy of all the Eligibility/ Qualification documents required as
per tender conditions given at Technical Evaluation Criteria below.

(iii) Scanned and signed copy of under taking by tenderer (Enclosed as Annex II).

(b) Following documents will be deemed to be part of the contract during the time of
acceptance of contract: -

(i) Part-I Technical Bid of the tender document.

(ii) General Conditions of the Contract IAFW 2249.

(iii) Special Conditions of Contract.

(iv) Particular/ Technical Specifications.

(v) Any other Amendment to the tender document.

2.2 Technical Evaluation Criteria

2.2.1 If Contractor is not enlisted with BRO or enlisted with BRO has not submitted standing
security deposit/ not registered as MSME, he should have submitted Earnest Money.

2.2.2. All the pages of T-bid should have been signed by the bidder/ authorized rep having valid
Power of Attorney

3. Eligibility Criteria: Tenderers shall meet the following eligibility criteria for qualifying in
Technical bid.
(a) The tenderer should have working capital and/ or credit facilities of at least 10% of the
estimated cost of the work (Applicable only for non – enlisted Contractors).

3.1 Experience: Tenderer should have successfully completed or substantially completed

with any Govt. agencies/PSU/Municipal Corporation/local Govt. bodies/private company three
similar works costing not less than the amount equal to 40% of estimated cost of work or two
similar works costing not less than the amount equal to 50% of estimated cost of work or one
similar work costing not less than the amount equal to 80% of estimated cost of work in last
seven & current financial years.

Similar work means – 02 NOS MAHINDRA SCORPIO DIESEL (4X4).

Notes: -
1. Substantially completed works means those works which are 90% completed on
the date of submission (i.e. gross value of work done up to the last date of submission is
90% or more of the original contract price) and continuing satisfactorily.

2. Tenderer shall submit list of work executed in the past 7 years in their letter head
duly signed by the proprietor/partner/director of the firm in the proforma contained in
Clause 4.1

3. Completion cost of works shall be brought to common base date of receipt of

tender as per following formula: -
Completion cost X {1 + (Period in days from date of completion to date of receipt of
tender/365 days) X0.10}

3.2 Available Bid Capacity (ABC)

3.2.1 ABC as per formula given here under should be more than estimated cost of work given
in NIT. Tenderer shall calculate ABC and submit details duly signed on letter head. Available
Bid Capacity = 2. 5 x A x N- B

A- Maximum value of all Civil Engg works in any one year during the last 5 financial
years (updated to the current price level with enhancement factors as given below)
supported with duly certified Balance Sheets/ Certificates from Chartered Accountant.

Year Multiplying factor

Last first year 1.10
Last second year 1.20
Last third year 1.30
Last fourth year 1.40
Last fifth year 1.50

N- Number of years prescribed for completion of work for which the current bid is invited

B- Value of the balance ongoing works to be executed in period N

Note-
Turnover is not required to be attached with tender by the valid MSME registered firms
as per Rule 170 (i) of GFR 2017 but it is required from other Contractors and to be
attached (scanned copy) with Technical Bid.
3.2.2 The tenderer shall indicate actual figures of completion cost of work and value of A
without any enhancement as stated above.

3.3 Vehicle, Equipment and Plant (VEP):

3.3.1 Tenderer should own or have assured access (through hire/lease/purchase agreement/
other commercial means) to the requisite Vehicle in good working condition (complete usage
life not more than 4 years)

Srl No Particulars A/U Qty Remark

1 Mahindra Scorpio (4X4) Nos 02

3.3.2 (a) Tenderer shall indicate source of requisite Vehicle alongwith vintage required for
execution of work in following format: -
(i) Item
(ii) Year of Manufacture
(iii) Source from where to be arranged (Owned/ lease etc.)
(iv) Location presently deployed
(v) Based on known commitments, whether will be available for use in the proposed
contract.

(b) Copy of documentary support of ownership/ assured access to the satisfaction of the
Accepting Officer.

Note: Tenderer should own critical VEP as per specific requirement of the work as
decided/specified by the Tender issuing authority in the tender.

3.4 Performance & Other Requirement

(a) There should not be poor/ slow progress in running work. (If yes, submit details
and reasons of delay to check that these are not attributable to him or are beyond his
control).
(b) There are no serious defect observed in work which stand un-rectified (if yes,
submit details and reasons)
(c) There are no cancelled/abandoned contracts in which Govt unrealized recoveries
exist (If yes, submit details and reasons)
(d) He/They have not been blacklisted by any Govt Deptt (if yes, submit details and
reasons)
(e) There are no any Govt dues outstanding against the firm (If yes, submit details
and reasons)
(f) Tenderer should not be habitual litigant i.e. having more than 3 unsuccessful
arbitration/court cases during last years in which his views/ claims are substantially
rejected.
(g) Proprietor/ partners/ directors of firm are not involved in anti-national/anti-social
activities and have neither been convicted nor are any proceedings pending in court for
such activities.
(h) Firm should have been considered capable of taking more load in work load return
circulated by DGBR. In case the firm is not considered capable for taking more work load
due to unsatisfactory performance in the running works, in the prevailing report
circulated by DGBR their technical bid shall be rejected.
3.5 Disqualification: Even though the tenderer meets the above criteria, they are liable to be
disqualified if they have made misleading of false information in bidding documents submitted.

4. List & format of eligibility documents to be attached along with Part-I of tender
documents to prove eligibility

4.1 List of works completed/ substantially completed in last seven and current financial
years and ongoing works in following format: -
Name of work & CA No.

Cost of completed work

reasons of delay if any

completion/ present

Remarks explaining
Brief Scope of work

Name & address of

Commencement of
Accepted Contract
employer/ client

Original Date of

Actual date of
Extended of
Completion

Completion

progress
Amount
Date of

work
Note:
1. Works proving criteria of experience shall be highlighted and performance
certificate from client in respect of these works shall be submitted.
2. Similar experience is not required to be attached with tender by the valid MSME
registered firms as per Rule 170 (i) of GFR 2017 but it is required from other Contractors
and to be attached (scanned copy) with Technical Bid.

4.2 Tenderer shall submit information of all arbitration/ court cases decided during last five
and current financial years and also presently in progress as per following format: -
(a) Name & Address of employer
(b) Cause of dispute
(c) Amounts involved
(d) Brief of Court Judgment/ arbitration award (if published) otherwise present
progress

4.3 Copies of PAN Card of proprietor/ partners/ directors.

4.4 Registration certificate under GST Act 2017.

4.5 Lowest bidder if un-enlisted firm in BRO (if his offer is decided for acceptance) will be
required to fill enlistment form for provisional enlistment.

Notes: -
1. Documents as listed at clause 4 above are exempted for tenderer enlisted with
BRO in any class.

2. Affidavits shall be submitted on Non-Judicial stamp papers of appropriate values

duly attested by the Magistrate/ Notary Public.

3. Photocopies of documents shall be attested by Gazetted officer/ Public notary and

also self attested.
 4. The bidder should meet all the technical evaluation criteria indicated in the bid
documents in order that the bid is considered to be technically responsive and the bidder
qualifying to have its commercial Bid opened.

5. Q- Bid Evaluation

(i) Commercial bids will be reviewed to ensure that the figures indicated therein are
consistent with the details of the corresponding technical bids.

(ii) For the purpose of evaluation ‘cost’ shall be inclusive of all taxes and duties.

(iii) Bidder who has quoted lowest total cost in Schedule ‘A’ (L-1) shall be considered
successful bidder and all other bidders shall be considered unsuccessful. Offer of
successful bidder (L-1) shall only be considered for acceptance. If L-1 backs out,
retendering shall be resorted in a fair and transparent manner.

(iv) Completion Period of work shall be up to 08 Months (Only) from the date of
acceptance.

5.1 The Commander 44 BRTF will be Accepting Officer here-in-after referred to as such for
the purpose of this contract.

5.2 The tenderers are advised to visit the work site to acquaint themselves of working and
site conditions, before submitting their tender. The submission of tender by a person implies
that he has read the conditions of contract and has made himself aware of the scope and
specifications of the work to be done and of the conditions and other factors, site conditions,
taxes & levies prevailing etc. which may affect the quotation and execution of the work.

5.3 Tenderer must be very careful to deliver a bonafide tender, failing which the tenders are
liable to be rejected. Tenderer are therefore, advised to ensure that their tender must satisfy
each and every condition laid down in the tender documents.

5.4 If tenderers desire that any condition or stipulation given in the tender documents is to
be modified or deleted, they submit their comments/ suggestion well before last working date of
clarification as shown in critical date details in subject tender ID for consideration by the
department for issue of corrigendum/ amendments to tender documents. If department
considers comments/ suggestion suitable, corrigendum/ amendments to tender documents
shall be issued and also uploaded on E-tendering Portal. If department does not consider
comments/ suggestion suitable, corrigendum/ amendments to tender documents shall not be
issued/ uploaded on E-tendering Portal and tenderers shall quote strictly complying with the
various provisions given in the tender documents. Any tender which stipulates any alterations
to any of the conditions/provisions laid down in tender documents (including corrigendum/
amendments) or which proposes any other conditions of any description whatsoever is liable to
be rejected

6. Earnest Money

(a) Earnest money is not required to be attached with tender by the enlisted Contractor with
BRO (term “enlisted Contractor” used in tender document means “enlisted Contractor with
BRO”) who have submitted standing security but same is required from un enlisted Contractor/
enlisted Contractors with BRO, who have not submitted standing security deposit.
(b) Un-enlisted Contractors with BRO/enlisted Contractors with BRO, who have not
submitted standing security deposit will submit the tender accompanied with earnest money
amounting to Rs. 19,289/- (Rupees Nineteen Thousand Two Hundred & Eighty Nine Only)
in the form of Deposit at Call Receipt/ Term Deposit Receipt/ Special Term Deposit Receipt
issued in favour of Commander 44 BRTF, C/O 99 APO by scheduled Bank. Technical Bid not
accompanied with earnest money will not be considered for opening of financial bid. The
amount of this receipt should be basic amount and not their maturity value. Any deposit lying
with the department in any form against any tender and/ or contract shall not be considered for
adjustment as the earnest money against the tender. Any tender not accompanied with the
earnest money in the form as indicated here-in-before or accompanied with any letter/
communication containing any request for adjustment of any other deposit as earnest money
shall be treated as non bonafide tender.

(c) Earnest money shall be returned to unsuccessful bidders (other than L-1) after opening
of price bids and to successful (L-1) bidder after receipt of Performance Security.

7. Performance Security: -

7.1 Within 28 days of receipt of the Letter of Acceptance, the successful bidder (L-1)
shall deliver to the Accepting Officer a Performance Security for an amount equivalent to
5% of the Contract sum.

7.2 The Performance Security shall be in favour of Accepting Officer and shall be in the
forms of Bank Guarantee Bond or Govt Securities, FDR or any other form of deposit stipulated
by the Accepting Officer. Work Order No.1 shall be placed only after submission of Performance
Security of adequate value by the Contractor. In case a fixed deposit of any Bank is furnished by
the Contractor to the Government as part of the Performance Guarantee and the Bank is unable
to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the
Contractor and the Contractor shall forthwith on demand furnish additional security to the
Government to make good the deficit.

7.3 In the event of contract being cancelled, under Condition 52, 53, & 54 of IAFW- 2249
General Conditions of Contracts the Performance Security & retention money as per last RAR
shall be forfeited. All T&P and material of Contractor lying at site shall be confiscated by the
Government and shall be absolutely at the disposal of the President of India and no
compensation whatsoever shall be allowed by department.

7.4 The period of validity of the Bank Guarantee Bond against Performance Security shall be
upto and including the scheduled date of expiry of Defects Liability Period.

8. The Accepting Officer reserves the right to accept a tender submitted by a Public
Undertaking, giving a purchase preference over other tender(s) as are admissible under the
Government Policy. No claim for any compensation or otherwise shall be admissible to such
tenders whose tenders may be rejected on account of the said policy.

9. On acceptance of tender, the name of authorized representative (s) of the Contractors who
would be responsible for taking instructions from Engineer-in-Charge or its authorized
representative shall be intimated by the Contractor within ‘07’ days of issue of Acceptance letter.

10. Revision/ Modification of quoted price

In case the tenderer has to revise/ modify/withdraw his quoted rates /offer after it is
uploaded in e-tendering portal he may do so on before bid submission end date & time in e-
tendering portal. Any revision/ modification in offer / withdrawal of offer in the form of an open
letter after bid submission end date & time and the same shall be considered as revocation of
offer and shall not be taken into account, while considering in his originally quoted offer.

11. Revocation of offer: -

In the event of lowest tenderer revokes his offer or revise his rates upward (which will be
treated as revocation of offer), after opening of tenders and before expiry of original validity
period stipulated in tender documents, the earnest money deposited by him shall be forfeited. In
case of BRO enlisted Contractors, the amount equal to the earnest money stipulated in the
Notice of tender, shall be notified to the tenderer for depositing the amount through MRO,
failing which the amount shall be recovered from any payment due to such Contractor or shall
be adjusted from the Standing Security Deposit. In addition, L-1 tenderer revoking offer and his
related firms shall not be issued the tender in second or subsequent calls of subject work.
 Annexure-I
(To be enclosed with bid document)

Bid Security Declaration

I, hereby, submit a declaration that the tender submitted by the undersigned, on behalf
of the bidder, ………………………………………[Name of bidder], either sole or in JV, shall not be
withdrawn or modified during the period of validity.

I, on behalf of the bidder, ……………………………………[Name of bidder], also accept the

fact that in case, the tender in withdrawn or modified during the period of its validity or if we fail
to sign the contract in case work is awarded to us or we fail to submit a performance security
before the deadline defined in the tender document, then …………………………………….(Name of
Bidder) will be suspended for participation in the tendering process for the works of BRO/
MoRT&H/ NHAI/ NHIDCL/ any other Govt. Deptt. And work under other centrally sponsored
schemes, for a period of one year from the bid submission end date of the subject work.

(Signature of the Authorized Signatory)

(Official Seal)
 Annexure II
UNDERTAKING BY AUTHORISED SIGNATORY

I, the under signed do hereby undertake that our firm M/s ____________________________
agree to abide by Terms and conditions of Bid No. ____________________ dated _______________
placed for “HIRING OF 02 NOS MAHINDRA SCORPIO DIESEL (4X4) ALONG WITH DRIVER
WITHOUT POL FOR CONVEYANCE OF TROOPS TO VARIOUS LOCATIONS UNDER AOR OF
HQ 44 BRTF/PROJECT BRAHMANK IN ARUNACHAL PRADESH STATE FOR FINANCIAL
YEAR 2024-25” from page No. _______ to __________ is advertised the GeM portal and it shall be
binding on us and may be accepted at any time before the expiration of that tender condition.

______________________________________
(Signed by an Authorized Officer of the Firm)

_____________________
Title of Officer

_____________________
Name of Firm

____________
Date
 SPECIAL CONDITIONS

NAME OF WORK: HIRING OF 02 NOS MAHINDRA SCORPIO DIESEL (4X4) ALONG WITH
DRIVER WITHOUT POL FOR CONVEYANCE OF TROOPS TO VARIOUS LOCATIONS UNDER
AOR OF HQ 44 BRTF/PROJECT BRAHMANK IN ARUNACHAL PRADESH STATE FOR
FINANCIAL YEAR 2024-25.

1. SCOPE OF WORK

1.1 The item of work on which the hired of 02 Nos Mahindra Scorpio Diesel (4x4) will be
generally deployed for “Conveyance of Troops to various road sectors in AoR of 44
BRTF/Project Brahmank in Arunachal Pradesh state for Financial year 2024-25.”

(a) Make, Type and Vintage: The vintage of the light vehicles to be provided under
this agreement shall have complete usage life not more than 5 years Kms run of
vehicles should not more than 50000 Km as on the last date of submission of bids with
valid registration and insurance alongwith PUC.

(b) Capacity: Mahindra Scorpio (4X4).

(c) Location: Various locations under AoR of HQ 44 BRTF/Project Brahmank in

Arunachal and Assam state. (AoR of HQ 44 BRTF comprises of Shi-Yomi District of
Arunachal Pradesh and Dibrugarh District of Assam)

(d) Driver: It will be the responsibility of the Contractor to provide the experienced
driver required for driving of light vehicles under hiring contract with valid driving
license.

(e) All vehicles shall have AC working fully along with thermostatic control and
functional music system. All vehicles should be in good running condition and well
maintained with preferably top safety features like Airbags, Fog Lamps, Parking
Lights/Indicators, etc. suited for extensive running on high traffic density highway,
kutcha roads, non-metallic roads, khadir area and Civil Construction Site. There shall
not be any lapse on safety aspect, for which selected bidder will be solely responsible

(f) All vehicles shall be available for duty at any time for all days regularly in a month.
Further, the vehicles shall be used for outstation travel from HQ 44 BRTF-Aalo to other
districts in Arunachal Pradesh and other states as well.

(g) Each vehicle shall have valid Registration Certificate, Pollution free
Certificate, Valid Permits, Vehicle Fitness Certificate, Requisite Insurance policy and other
necessary documents required for operating the vehicle on road. All necessary taxes for
operating the vehicles shall be fully paid by the Bidder/Owner as per prevailing Motor
Vehicles Act with Comprehensive Insurance Cover for each vehicle. The Driver should have
Mobile Phone and also valid Driving License issued by the State Transport Authority. All
these necessary papers must be available in the vehicle itself at all times

2. VISIT TO SITE

The Contractor is advised to visit the site of work by making prior appointment with
Commander HQ 44 BRTF, C/O 99 APO for all parts for deployment of light Vehicles to be
provided and make himself familiar with the working conditions, road accessibility etc which
affects the work and rates. The Contractor shall be deemed to have fully inspected the work site
and satisfied himself with the specifications of work contained in the tender documents and no
extra charges consequent upon any misunderstanding or otherwise which may arise later shall
be allowed. The Contractor shall be deemed to have been fully conversant with the conditions
prevailing at site where the work lies, like restrictions imposed by the security forces and also
the liability for the security check etc. The department will not be responsible for any
eventualities due to safety/security risks/requirements.

3. REQUIREMENT OF VEHICLE/ EQUIPMENT/ PLANT

The Contractor shall position the light vehicles as per table given below with all accessories and
shall be made functional in all respects after acceptance of contract. All the Vehicle mentioned
under will be arranged by the Contractor under his own arrangement without any extra cost.
The trial run of the light vehicles will be the sole responsibility of the Contractor. The running of
light vehicles depends on weather conditions and site conditions. The Vehicle will run only when
conditions are favorable. Average run of vehicle is considered as 2850 Km in a month. No
extra charges for less or more than 2850 Km run are applicable since HSD is being
provided by department free of cost. Minimum run of 2850 Kms in a month is assured
and if Contractor fails to fulfill 2850 Kms run in month on his default, then amount will
be recovered 50% higher than accepted rate for less Km run and in this regard the
decision of Accepting officer will be final.

Srl No Particulars A/U Qty Remark

1 Mahindra Scorpio (4X4) Nos 02

4. OFF ROAD PERIOD

4.1 Spare parts will be provided by the Contractor at his own arrangement to make the
Vehicle functional at all the time.

4.2 The Contractor shall be responsible for day to day maintenance and repair of Vehicle
without any extra cost.

4.3 A particular Vehicle should not be off road for more than 03 days continuously in a
month and maximum up to 07 days in a month including closed holidays. If the off road period
is anticipated to exceed the above, then an alternative vehicles be made available as a
replacement by the Contractor immediately upon expiry of period 03 days of continuous off road
or 07 days of intermitted period and if Contractor fails to fulfill above then amount will be
recovered 50% higher than accepted rate per off road days and in this regard the decision
of Accepting officer will be final. This condition is in addition to clause mention in Para-3
about Minimum run of 2850 Kms per months and in this regard the decision of Accepting
officer will be final.

4.4 Any damages occurring to the Vehicle will be sole responsibilities of the firm/ Contractor.
On occurring of major damages, another Vehicle in good condition will be provided by the
contactor immediately without any extra cost at his own arrangement on this account.
5. Condition of Vehicles

5.1 The condition of the light vehicles should be excellent and driver should be so skilled that
he must be able to drive vehicles in all weather condition for safe movement of Officers/Pers,
whichever is higher considering prevailing site condition.

5.2. However, based on ground condition, the fuel consumption of light vehicles shall be
accessed through Board of Officers consisting of Contractor or his authorized
representative as one of the member and OC workshop as PO at place of deployment of
each light vehicles. The convening authority for the BOO will be Commander Contract.
The Board Proceedings shall be approved by the Commander Contract and the same shall be
final and binding. The average KPL so finalized shall be compared with the prescribed KPL by
manufacturer and if found less than 80% thereof, the Vehicle shall not be accepted.

6. CONTRACTOR’S VEHICLE AT SITE

6.1 The Contractor shall furnish to the Engineer-in-Charge a distribution return of his
Vehicle on the work site stating the following particulars: -

(a) Particulars of Vehicle i.e. Make, Manufacture’s No, Model No, Registration No,
capacity, year of Manufacture, year of purchase etc.

(b) Total Number of Vehicle on work site.

6.2 No tool, Vehicle shall be removed from the site by the Contractor without written approval
of OC Contract.

7. HOLIDAYS

In case of bandh/ strike by locals, no idling charges will be paid extra to the Contractor.
No charges will be paid by Deptt on non-working days.

8. PERIOD

The period of hiring of Vehicle will be upto 08 Months from date of acceptance. The
period of hiring will be reckoned from the 30 days from placing Work Order.

9. MEASUREMENT FOR PAYMENT

The rate should be quote cumulative for three vehicles on monthly basis. The
measurement for payment will be done on monthly run basis and Average run of vehicle is
considered as 2850 Km in a month. No extra charges for less or more than 2850 Km run
are applicable since HSD is being provided by department free of cost.

10. ASSESSMENT OF CONSUMPTION AND ACCOUNTING OF FUEL

10.1 The HSD required for running the Vehicle once inducted at the site of work shall be
issued by the department based on the assessment of KPL/ HPL by a Board of Officers
constituted under the order of TF Commander. However, the maximum consumption/
issue of HSD per Kms shall not be more than as specified in the manual of particular
Vehicle.
10.2 As soon as the Vehicle are inducted the opening tank balance in the tanks of Vehicle will
be recorded in the Log Book.

10.3 The Contractor along with all RARs and before the submission of final bill will give
complete details of HSD utilized by Vehicle wise duly giving the justification for the HSD for
Vehicle based on KPL/ HPL fixed by the BOO.

10.4 In case of overdrawn of HSD by the Contractor, the recovery of overdrawn HSD will
be two time the stock book rate.

11. PAYMENT OF WORK

11.1 The payment shall be released through E-Payment mode, for which the Contractor is
required to submit the NEFT/ RTGS Mandate Form duly filled in specified details. Otherwise, it
shall be released through A/c Payee Cheque.

11.2 Payment to the parties will be made in INR in the following manner:
(a) Taxes (Income tax, service tax/ sales tax/ Vat on works contracts, labour cess etc.)
shall be deducted at source from the payment due to Contractors as per prevailing laws/
statutory orders and TDS certificate shall be issued to the Contractor.

(b) All payments will be made by e-payment through Account office 44 BRTF
11.3 In case where the payment is released through cheque it shall be sent by post to the
Contractor for which the postage charges shall be deducted from the net amount due to the
Contractor.

11.4 Payment of RAR/ Final bill will be made based on hours run of Vehicle at the rate quoted
in this bid to the Contractor after Standard Deductions (Security deposit/ Retention money/
Performance Guarantee) as applicable. Generally, only one RAR will be raised by Contractor
during the month. The retention money will be cleared in the final bill and security deposit/
performance guarantee will be released on production of No claim/ No demand certificate from
the Contractor and OC Contract respectively duly verified by AO.

12. POL

12.1 Diesel only shall be issued by the department free of cost based on actual consumption.
The quality as supplied to department by IOC will be made available. Contractor should make
necessary arrangement for storage and to check quality at their end.

12.2 POL will be issued for Vehicle from HQ 44 BRTF and under respective AOR.

12.3 The Contractor will have no claim on the quality of POL items supplied.

12.4 Lubricants for running the Vehicle will be arranged by the Contractor including changing
of Oils for engine and other components.

13. ISSUE OF FUEL FOR VEHICLE/ EQPT/ PLANT

13.1 As soon as the Vehicle are inducted the opening tank balance in the tanks of Vehicle will
be recorded in the Log Book and signed by both parties.
13.2 Immediately after satisfactory completion of work but before Vehicle are removed from
site of work, the Contractor shall return the HSD unutilized in tank of Vehicle/ Equipment/
Plant, which was issued by the Department at the place of issue and necessary entries thereon
will be made in the log book and signed by both the parties.

13.3 In case the Contractor fails to return the unutilized HSD held in the tank of
Vehicle/ Equipment/ Plant, the recovery will be affected for the unreturned unutilized
HSD at double the rate as per present Govt. rate at the time.

13.4 The Contractor before the final bill will give complete details of HSD utilized Vehicle wise
duly giving the justification for the HSD for Vehicle based on hour per Liter. If there is any over
issue/ utilization, the quantity of HSD will be returned by the Contractor at the place of issue or
the recovery will be affected for the unreturned HSD at double the rate as per present Govt rate
at the time.
.
13.5 Contractor to place the Vehicle at the location as per ground requirement, as demanded
by Engineer-in-Charge/ OC Contract as and when required. Any Vehicle which has been not
recommended by the Board of Officers due to low output shall be replaced by the Contractor at
no additional cost to the department.

14. CREW

14.1 The driver required to run the Vehicle shall be provided by the Contractor without any
extra cost. The driver must be in possession of valid license and experience in operating the
Vehicle. Sufficient number of backup crew will also be kept ready.

14.2 Only experienced personnel to be deployed on Vehicle to avoid accident. Driver must have
valid license approved by authorized transport authorities.

14.3 No manpower shall be provided by department for work.

15. RETURN OF VEHICLE

On completion of work, OC contract will issue completion certificate for the work and
further the Contractor will be permitted by OC contract in writing to take away the Vehicle
under his own arrangement and at his Risk and Cost.

16. Blank

17. PERMIT FROM LOCAL AUTHORITIES FOR PLYING VEHICLE

Contractor shall make his own arrangements for obtaining necessary permit from local
authorities for plying his Vehicle for the work in accordance with the rules and regulations of
the land. However, department shall provide full cooperation and assistance in obtaining the
necessary permission for the same.

18. PENALTY
18.1 In case of any loss/ unsound delivery/ damage of departmental stores/ property by the
person/ rep/ vehicles of the Contractor, cost of the same will be recovered from the Contractor.

18.2 Penalty shall be worked out by OC Contract @ 0.5% of contract value on each occasion
on liquidated damages/ direct damages to department including disobey of orders/ duties.
18.3 Penalty @ 0.1% contract amount per Vehicle will be charged in case of non reporting for
work without prior information on account of repairs/ maintenance of Vehicle and any other
reasons.

18.4 Penalty @ 0.1% of contract amount per Vehicle will be charged and the duties will not be
counted for the purpose of payment in case Vehicle not deployed at the designated location by
the person/ rep of Contractor.

18.5 No idling charges will be paid to the Contractor in case of Vehicle remaining idle due to
natural calamities and extremely adverse weather condition/ circumstances beyond the control
of department.

19. VEHICLE
19.1 Contractor has to ensure that the Vehicle run up to 08 Months from the date of
commencement of work.

19.2 Although, 8 Hrs per day is considered for evaluation but based on requirement and
site condition, Vehicle will be utilized more than 8 hrs.

20. MAINTENANCE OF DAILY RECORD

Log book for each Vehicle registration number wise shall be opened. Daily hour run by
Vehicle shall be entered in the log book. Logbook shall be signed daily by representative of
Contractor and Engineer-in-Charge. Monthly summary of log book shall be countersigned by
OC Contract.

21. REPLACEMENT OF DRIVERS

21.1 If at any stage Engineer-in-Charge / OC Contract find that Vehicle are not giving the
desired output, Contractor has to change the Vehicle immediately on written instructions from
Engineer-in-Charge/ OC Contract within 15 days.

21.2 If Engineer-in-Engineer/ OC Contract feels that driver is not skilled to do the job,
Contractor without any dispute has to change the driver on written instructions from Engineer-
in-Engineer / OC Contract within 15 days.

22. RE-IMBURSEMENT/REFUND ON VARIATION IN “TAXES DIRECTLY RELATED TO

CONTRACT VALUE

20.1 The rates quoted by the Contractor shall be deemed to be inclusive of all taxes (including
GST on materials, GST on works contracts, turnover tax, Labour welfare cess/tax, Ecological
and Environment Cess etc.), duties, Royalties, Octroi & other levies payable under the respective
statues. No reimbursement/refund for variation in rates of taxes, duties, Royalties, Octroi &
other levies, and/or imposition/abolition of any new/existing taxes, duties, royalties, Octroi &
other levies shall be made except as provided in sub Para (a) here-in below.

(a) The taxes which are levied by Government at certain percentage rates of contract
sum/amount shall be termed as “taxes directly related to contract value” such as GST on
works contracts, turnover tax, labour welfare cess/tax and like but excluding income tax.
The tendered rates shall be deemed to be inclusive of all “taxes directly related to contract
value” with existing percentage rates as prevailing on last due date for receipt of tenders.
 Any increase in percentage rates of “taxes directly related to contract value “with
reference to prevailing rates on last due date for receipt of tenders shall be reimbursed to
the Contractor and any decrease in percentage rates of “taxes directly related to contract
value with reference to prevailing rate on last due date for receipt of tenders shall be
refunded by the Contractor to the Govt/deducted by the Government from any payments
due to the Contractor. Similarly, imposition of any new “taxes directly related to contract
value” after the last due date for receipt of tenders shall be reimbursed to the Contractor
and abolition of any “taxes directly related to contract value “prevailing on last due date
for receipt of tenders shall be refunded by the Contractor to the Govt/deducted by the
Government from the payments due to the Contractor.

(b) Reimbursement for increase in percentage rates/imposition of “taxes directly

related to contract value” shall be made only if Contractor necessarily and properly pays
additional “taxes directly related to contract value” to the Government, without getting
the same adjusted against any other tax liability or without getting the same refunded
from the concerned Government Authority and submits documentary proof for the same
as the OC may require”.

Note: - The word Goods & Services Tax (GST) in the above clause includes Central, Goods
& Services Tax (CGST) state Goods & Services Tax (SGST) Union Territory Goods &
Services Tax (UTGST) & integrated Goods & Services Tax (IGST) all as applicable.

23. ARBITRATION

(REFER CLASUE 70 OF CONDITION OF CONTRACT OF IAFW- 2249)

23.1 All disputes or difference arising as aforementioned, other than those for which the
decision of the Accepting Officer or any other person is by the contract expressed to be final and
binding shall be referred to Sole Arbitrator under condition No 70 of General condition of
contract IAFW-2249 after written notice by either party of the contract to the other of them, in
accordance with the rules specified hereunder: -

Rules for Arbitration

(a) Matter to be arbitrated shall be referred to the sole arbitration of an Engineer

Officer to be appointed by Director General Border Roads, or in his absence the Officer
officiating as the DGBR whose decision shall be final and binding.

(b) The venue of arbitration be such a place or places as may be fixed by the
Arbitrator at his sole discretion.

(c) The arbitration proceedings shall be governed by the Arbitration and

Reconciliation Act, 1996.

(d) The Arbitrator shall give reasons for the award in each and every case irrespective
of the value of claims or counter claims.

(e) The award of the arbitrator shall be final and binding on both the parties.

(f) The appropriate Court at Aalo/ Pasighat shall alone have jurisdiction to decide any
dispute arising out of or in respect of this contract.
 (g) The expenses incurred by each party in connection with preparation, presentation,
etc. of its proceedings as also fees and expenses paid to the arbitrator shall be borne by
each party.

24. MINIMUM FAIR WAGES PAYABLE TO LABOUR

24.1. The Contractor shall pay wages not less than the minimum fair wages fixed from time to
time by the local authorities. He shall have no claim, whatsoever, if on account of any local
regulations or otherwise, he is required to pay wages in excess of the wages so fixed. The
Contractor shall observe the laws/rules/regulations of Government of Assam/Arunachal
Pradesh/Nagaland regarding the employment of labour, payment of wages and cognate matter
relating to the local conditions. The Contractor shall be required to obtain written permit from
appropriate authority of Assam/Arunachal Pradesh/Nagaland whichever is applicable to import
labour, if required by him.

24.2. Labour Regulation and Abolition Act 1970, Worksmen Compensation Act-1923, Child
Labour Act-1986 and Minimum Wages Act-1948 are applicable to the Contractors working
under this department. Rates quoted by the tenderer shall be deemed to have taken into
account the cost, etc required to comply with the provisions contend in the said Acts and the
rules framed under said Acts

25. BOARDING/LODGING AND EXPERIENCE OF REP OF CONTRACTOR

Boarding/ lodging arrangements for crew shall be the responsibility of the Contractor.
The department does not take any responsibility for the same.

26. DEDUCTION OF TAXES AT SOURCE

Income Tax at source at the rate notified by the Government of India from time to time
along with surcharge as applicable shall be deducted from the gross amount of payment of
RAR(s)/Final Bill. Similarly, GST at source, if applicable at the rate notified by the Government
from time to time as applicable shall be deducted from the gross amount of payment of RAR(s)/
Final Bill. The Contractor may ascertain full details in this respect from the concern
Department(s).

27. The Contractor shall have registration with EPFO and ESIC. The ESI and EPF
contributions on the part of employer in respect of this contract shall be paid by the Contractor.
These contributions on the part of employer paid by the Contractor shall be reimbursed by the
Commander Contract to the Contractor on actual basis.

28. ATTENDANCE OF DEPARTMENTAL WORKMEN AND OTHER AGENCIES

The Contractor shall permit free access and generally afford all facilities and usual
conveniences to other agencies and / or departmental workmen to carry out works, if any,
under separate arrangements. The Contractor shall not be allowed any extra payment on this
account.

29. RATES QUOTED

29.1 Quoted rates shall be deemed to include the provisions of all materials, processes,
operations and requirements detailed in the specifications, irrespective of whether those appear
as specific items, or not and the Contractor shall not be paid extra for the same. It is an express
condition of this contract that the rates quoted by the Contractor in the tender for various items
of works shall be deemed to include all taxes GST, royalties, etc and for entire completion of the
work in accordance with the provisions given elsewhere in the contract.

29.2 The rates quoted shall be deemed to be inclusive of all such arrangements as may be
involved in satisfactory delivery of supplies under this contract.

30. DISCREPANCIES / DOUBTS

In case of any disputes or discrepancies or any doubt or obscurity as to the interpretation

of any of the tender documents i.e. General conditions of Contract, Special Conditions,
Particular Specifications, etc, the matter shall be referred to the Accepting Officer, whose
decision in this regard shall be final and binding.

31. ROAD ENTRY PERMIT

The Government Departments are exempted from the levies of local bodies viz Octroi,
municipal tax, etc. A road permit to this effect will be issued by the OC, Contract to facilitate
transportation of stores.

32. IMPLEMENTATION OF SECTION 113 OF MOTOR VEHICLE ACT 1988

Hon’ble Apex Court verdict on the WP (C) No. 136 of 2003 in the matter of Paramjit
Bhasin and Ors Vs Union of India and Ors regarding implementation of Section 113 of MV Act
1988 shall be strictly adhered to during execution of this contract. No overloading of the
vehicles beyond permissible limit shall be carried out by the Contractor during transportation.

33. TERMINATION OF CONTRACT

Accepting Officer has the right to terminate the contract by giving one month notice to
the Contractor in case Vehicle are no more required by the Deptt or due to any other reasons or
due to unsatisfactory performance on the part of the Contractor. The Contractor shall have no
claim or right to represent on this account.

34. ISSUE OF COMPLETION CERTIFICATE

Within 24 hours of completion of work, the Contractor shall report this fact to the OC
Contract. Soon after completion of work to the satisfaction of OC Contract but in no case later
than 7 days a completion certificate shall be issued by OC Contract to the Contractor. Copies of
this certificate shall be send to the Accepting Officer.

35. PAYMENT OF FINAL BILL

The Contractor should submit the final bill to the office of OC Contract within 15 days
after completion of work. In case Contractor fails to submit final bill for any reason whatsoever,
delay in payment will be entirely his responsibility. Accordingly, after submission of final bill,
the OC Contract shall process the final bill within 15 days to the appropriate authority for
payment.

36. The Contractor/ Supplier be registered for Hiring of Vehicles.

37. The light vehicles hired would be a commercial vehicle i.e. with yellow number
plate.