CORRIGENDUM NO. 1 TENDER SCHEDULE IS ALSO REVIESD AND AVAILABLE WITH REVISED TENDER DOCUMENT. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 1

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1 CORRIGENDUM NO. TENDER NO 763 : HIRING OF NEW 00 FULLY BUILT, AIR CONDITIONED, HIGH TECH, NON AIR CONDITIONED / INTEGRAL / LADDER / MONOCOQUE BUSES AS PER MSRTC SPECIFICATIONS AFTER PRE BID MEETING FEW CHANGES HAVE BEEN MADE IN CONDITIONS AND SPECIFICATION OF TENDER. A REVISED TENDER DOCUMENT IS UPLOADED WITH THIS CORRIGENDUM. BIDDERS ARE ADVISED TO TAKE PRINTOUT OF THIS REVISED TENDER DOCUMENT FOR REFERENCE. TENDER SCHEDULE IS ALSO REVIESD AND AVAILABLE WITH REVISED TENDER DOCUMENT. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

2 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Central Office, Maharashtra Vahatuk Bhavan, Dr.Anandrao Nair Marg, Mumbai Central, Mumbai Traffic Department TEL. NO Website:-msrtc.maharashtra.gov.in FAX NO e-tender NOTICE Revised e-tender Schedule Sr.No. Activity Performed Start Expiry by Date Time Date Time. Tender Release Department Tender Bidders Download 3. Bid Preparation 4. Technical Department Bid Closing. Price Bid Closing 6. Bid Submission Bidders Technical Department Bid Opening 8. Price Bid Opening Digitally signed & unconditional online tender is invited by the General Manager (Traffic), Central Office, Maharashtra Vahatuk Bhavan, Dr. Anandrao Nair Marg, Mumbai Central, Mumbai from the tenderer for the work as mentioned in: e Tende r No. Name of Work EMD ( in rupees) Bank guarantee ( in rupees) Tender Document Price Contract period 08/ 0 HIRING OF NEW 00 FULLY BUILT, AIR CONDITIONED, HIGH TECH, NON AIR CONDITIONED /INTEGRAL/LADDER / MONOCOQUE BUSES AS PER MSRTC SPECIFICATIONS 0,00,000/- % Bank Guarantee of the Total bid cost up to Rs. 3 Crores and for over and above 3 Crores % extra Bank Guarantee from any Nationalized Bank or Scheduled bank,000/- + VAT@.% 3/- = 8 4 years + year. The complete bidding process will be online (E-Tendering) in two bid system. All the notifications & details terms & conditions regarding this tender notice, hereafter will be published online on website MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

3 . Bidding documents can be loaded on the website 3. Tender form fee and Earnest Money deposit (EMD) should be paid through online payment gateway mode only. 4. Bids will be opened as per the schedule mentioned in e-tender time schedule at office of General Manager (Traffic), Central Office, Maharashtra Vahatuk Bhavan,Dr.Anandrao Nair Marg, Mumbai Central, Mumbai E-tenderer should submit original documents (those were uploaded during bid operation) for verification at the time of technical bid opening. 6. E-tenderer should submit information & scanned copies in PDF format in technical envelope as mentioned in technical offer. 7. E-tenderer should have valid class II / III digital signature certificate (DSC) obtained from certifying authority. 8. The General Manager (Traffic) reserves the right to accept or reject any or all tenders without assigning any reason. 9. Guidelines to download the Tender Documents & Online submission of Bids can be downloaded from website help support: , support.gom@nextenders.com General Manager (Traffic) MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 3

4 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Central Office, Maharashtra Vahatuk Bhavan, Dr.Anandrao Nair Marg, Mumbai Central, Mumbai Traffic Department TEL. NO Website:-msrtc.maharashtra.gov.in FAX NO DETAIL TENDER NOTICE Digitally signed & unconditional online tender is invited by the General Manager (Traffic), Central Office, Maharashtra Vahatuk Bhavan,Dr.Anandrao Nair Marg, Mumbai Central, Mumbai from the tenderer for the work as mentioned in, subsequent paragraph for appropriate categories of tenderers.. MSRTC invites tender for hiring of 00 No.s of A.C. high tech high end, multi axel high tech, A.C. luxury, A.C. and non A.C. sleeper buses. The Fleet owner should have fleet of minimum all types of buses. However, for A.C. hightech highend buses Fleet owner should have fleet of minimum buses.. The number of buses to be provided on hire is likely to vary. The Corporation intends to hire near about 00 buses in second lot in addition to these 00 buses to be procured in this tender. The rates offered by the bidders will be applicable for the second lot also. 3. The period of contract will be of 4 years, to be extended subject to satisfactory performance & condition of the buses by years. 4. Tenderer should supply minimum 00 New Air Conditioned buses as per MSRTC specification. However, depending on number of participants found to be eligible, and subject to their willingness to match with the lowest bid, the allocation of buses will be made on pro-rata basis.. The bidder should upload scanned copy of undertaking duly notarized stating that his / their / her firm is not blacklisted in MSRTC / Government / Semi- Government institutions / Any STU on Rs. 00/- stamp paper in technical bid submission. 6. The tenders will be received online on above mentioned MSRTC E-tendering portal & will be opened as by General Manager (Traffic) on scheduled tender opening date. 7. The Competent Authority reserves the right to reject any or all the tender offers, without assigning any reason thereof. 8. The tenders shall be received online on above mentioned E-tendering portal in two envelope systems. 9. The Conditional tenders will be rejected. 0. Bidder should upload scanned attested photo copies of all documents on above mentioned E-tendering portal & produce in original at the time of technical bid opening.. While submitting e-ender, the tenderer /s shall take into consideration that they will have to pay service tax as per the rates decided and as and when revised by central excise department. The contractor will have to produce registration certificate for central excise department.. The acceptance of tender will be intimated by or otherwise by the authority competent to accept the tender or by the higher authority of MSRTC to the tenderer /s, which shall be deemed to be & intimation of the tender given by the authority competent to accept the tender. 3. The amount of EMD shall be forfeited in case after his / her / their tender is accepted if the bidder fail / fails to complete the contract document & submitting MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 4

5 bank guarantee within a specified time, that would be intimated in the Letter of Acceptance. 4. Decision of tender will vest with the Competent Authority who reserves the right of rejecting any or all the tenders without assigning any reason for doing so.. The tenders which are not accompanied by necessary information will be rejected without assigning any reason for doing so. 6. The tenderer whose tender is accepted will have to enter into a contract agreement with MSRTC & shall be required to pay the stamp duty for the execution of the contract agreement with MSRTC according to government rules and scale in force. 7. No alteration in the form of tender, specification etc. will be permitted. 8. While submitting tender the tenderer shall take into consideration that they will have to pay all type of taxes, statutory body charges at prevailing rates decided by and as and when revised by the competent authority/department. 9. If there is an amendment in the tender, the same shall not be published in the newspaper & that will be published on MSRTC' s website The bidder should visit the site, prior to submission of tender & ascertain the local site condition, working restrictions, obstruction, terms & conditions in tender document. ====== MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

6 GENERAL CONDITIONS OF e-tender AND INSTRUCTIONS TO TENDERERS.. GENERAL Maharashtra State Road Transport Corporation (MSRTC) has been set up under the Road Transport Corporation Act, 90 (RTC Act, 90) and jointly owned by the Government of Maharashtra and Government of India, Section 9 () of the RTC Act, 90 empowers the MSRTC to generate revenue exploiting its resources and infrastructure. MSRTC intends to operate Air Conditioned buses in Maharashtra and other States. MSRTC invites tenders from the fleet owners having minimum buses and buses for highend high-tech buses. These hired A.C. buses will be run on Kms. basis. Fleet owner will have no right to collect any charges from the passengers. M.S.R.T. Corporation's Conductor of the bus alone shall collect all the fare and luggage charges. Neither the private Fleet Owner nor the driver shall have any claim on the fare and luggage charges or any amount so collected.. EXTENT OF TENDER : The Tender called for herein is for hiring of HIRING OF NEW 00 FULLY BUILT, AIR CONDITIONED, HI TECH, NON AIR CONDITIONED /INTEGRAL/LADDER / MONOCOQUE BUSES AS PER MSRTC SPECIFICATIONS on Kms. basis as follows. Sr.N0. Type of A.C.Bus Air Conditioned buses for 34 assured days per year. Approximate Kms/day. NEW FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL BUSES OF 4 SEATS AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'A'. NEW MULTI AXEL FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL BUSES OF 3 SEATS AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE B' and Above and Above 3. NEW MULTI AXEL FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'C' MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 6

7 4. NEW FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/ MONOCOQUE BUSES OF 4 SEATS AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'D' A. NEW FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'E' Seats 30 & sleeper berths B NEW FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'F"' Seats -4 & 8 sleeper berths C NEW FULLY BUILT, AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'G' 30 sleeper berths 6A. NEW FULLY BUILT, NON AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'H' 6B Seats 30 & sleeper berths NEW FULLY BUILT, NON AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE and Above and Above and Above and Above and Above and Above MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 7

8 6C SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE "I" Seats -4 & 8 sleeper berths NEW FULLY BUILT, NON AIR CONDITIONED, HIGH TECH, INTEGRAL/ LADDER/MONOCOQUE SLEEPER BUSES AS PER MSRTC SPECIFICATIONS AS PER ANNEXURE 'J' 30 sleeper berths and Above and Above The fleet owner will have to operate those buses on the terms and conditions mentioned in this tender document and further subject to the general conditions of contract annexed hereto. The allocation of business for each category will be as under i). 60% for L-, subject to matching the rates by other bidders the distribution will be done on pro-rata basis at the discretion of Corporation. ii) Also while allocating the business on above principle, depending on the No. of participants category wise, the management rests the decision of combining or by drawing permutation and combination the no, of bidders category wise to allocate the business. 3. A) OFFERS FROM THE FLEET OWNER: The fleet owner who desires to provide minimum 00 new Air Conditioned buses (Registered in the August 0) has to offer their online quotations for the rates of Kms. The period of contract will be for 4 years and extendable for years if the performance of buses is satisfactory during initial period. The fleet owner will have to recondition the A.C. buses & Sleeper buses in respect of bus body, interior, air conditioning system, painting and technical & mechanical reconditioning including engine etc. after completion of 3 years period at their own cost. For this reconditioning work, the fleet owner will be entitled additional days vehicle off-road period. The fleet owner will produce a certificate from the vehicle manufacturers, that the vehicle reconditioning work is satisfactory. B) The bidder is at liberty to submit offer for each category or combination of one and more category of buses (Inclusive of quantity and amount). However, MSRTC at its discretion, can pick and choose the rates so quoted for allocation of business category wise. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 8

9 4. BANK GUARANTEE: The Fleet Owner will have to furnish % Bank Guarantee of the Tender cost up to Rs. 3 Crores and over and above 3 Crores % extra Bank Guarantee from any Nationalized Bank or Scheduled bank for the period of contractual term + Six Months. The Fleet Owner will have to furnish said Bank Guarantee before the commencement of the contract. The fleet owner may pay cash of the same amount instead of bank guarantee. i) The Bank guarantee will not be accepted in any other form, No interest ii) iii) shall be paid on the cash payment against bank guarantee. The Bank guarantee shall be refunded to the Licensee after 6 months on the expiry of the said or extended deed period. The Bank guarantee either in whole or in part thereof shall be liable to be forfeited without prejudice to the Licensor in the event of the Licensee's failure to observe any of the terms of the deed and or non-compliance with the conditions hereof.. EARNEST MONEY DEPOSIT i) Every tender for HIRING OF NEW 00 FULLY BUILT, AIR CONDITIONED, Non AIR CONDITIONED, HIGH TECH, INTEGRAL / LADDER / MONOCOQUE BUSES AS PER MSRTC SPECIFICATIONS be accompanied by the Earnest Money Deposit of Rs.0,00,000/- (Rupees. Fifty lac only). This deposit amount should be paid through online payment gateway mode only. ii) iii) iv) The tender without payment of Earnest Money Deposit will be rejected. No interest shall be paid on Earnest Money Deposit. The Earnest Money Deposit by the unsuccessful tenders(s) will be refunded as soon as possible. The unsuccessful tenderer(s) will have to surrender to the Financial & Chief Accounts Officer of the Corporation, the original receipt of the Earnest Money Deposit for getting its refund. v) The Earnest Money Deposit of the successful tender(s) will be refunded/ adjusted alongwith Bank gurantee. vi) If any times, it is discovered that Tenderer has submitted more than one tender under different name, all such tender (s) will be rejected / agreement cancelled / Earnest Money Deposit or Bank Gurantee will be forefeited. The tenderer would also be black listed and debarred from participating in future tenders. 6. QUOTATION: Quotation must be submitted online in TWO separate online envelopes called "TECHNICAL" and "FINANCIAL" envelopes in scheduled time. Note: Commercial Offers has to be entered online only. Bidder has to take a printout of the commercial envelope. The format of commercial envelope is shown at Annexure "K". Please fill the format and duly self certify it. Upload the same in PDF format in commercial envelope only. Eligibility conditions:- Following document should be uploaded in Online Technical Envelope (T) in PDF format, if required can be zipped as well and then uploaded. These MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 9

10 documents need to be digitally signed by individual contractor's digital signature and uploaded during Online Bid Preparation stage. The list of documents for Technical Envelope is as follows : N0TE: The bidder must purchase the the tender document via on-line payment gateway only by paying the cost of tender. Payment of EMD to be made as mentioned in para. Sr.No List of Documents Compulsory / Additional. The Fleet owner should have fleet of minimum all types of buses. However, for A.C. hightech highend buses Fleet owner should have fleet of minimum buses.. Certified copy of profit & loss account and balance sheet of last years certified by the Chartered Accountant. (i.e , 04-0) 3. Income tax returns for years 0-3 & 03-4 and professional tax and Service tax returns for last years. i.e , The bidder should upload scanned copy of undertaking duly notarized stating that his / there / her firm is not blacklisted in MSRTC / Government / Semi-Government institutions / Any STU on Rs. 00/- stamp paper in technical bid submission.. Certified copy of the latest list of Partners / Directors/proprietor Compulsory Additional Additional Compulsory Compulsory 6. Scanned copy of Annexure (L) on letter head Compulsory 7. Other information if any Additional 8. Reference of Bankers Additional 9. Letter from Bus Manufacturer that they are ready to give delivery of the buses within stipulated period. 0 Consent letter of bank to provide finance for purchase of buses in tender Additional Additional 7. () The Technical bid will be opened first. The technical bid so opened shall be evaluated and whether the same is acceptable or not will be decided by General Manager (Traffic), whose decision will be final. () The financial bid of only those bidders, whose technical bids have been found acceptable shall be opened. (3) The Earnest Money Deposit of the bidders, whose technical bid is not found acceptable, shall be refunded on production of Earnest Money Deposit receipt in original 8. SIGNATURE OF TENDERER The Online submission of bids by tenderer shall be construed as an acknowledgement on his part, that he has acquired all the information which he may require in order to quote his offer of Guaranteed Revenue. Further, the online submission of bids of the successful tenderer shall be construed as if the tenderer has entered into a binding agreement with the Corporation till he signs the contract / agreement document and he will abide by all conditions of the contract. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 0

11 9. CONTRACT PERIOD & ITS COMMENCEMENT a) The period of contract will be of 4 years, to be extended observing the performance of the buses by years. b) The Fleet Owner will have to execute Hire Agreement of buses in favour of the General Manager (Traffic), M. S.R. T. Corporation. The buses will be hired initially for a period of 4 years with assured business of 34 days per year renewable for more year based on the performance and experience of the operator at the sole discretion of the Corporation. Similarly the procedure mentioned in clause No. 3 above will be followed. c) The Corporation reserves its right to reject at any time any or all the tenders without assigning any reason thereof. Any attempt to contract anyone regarding matters relating awarding of the contract will disqualify the tenderer. 0) A) ACCEPTANCE OF TENDER The acceptance of Tender will rest with the Corporation which does not bind itself to accept the lowest or any Tender or reserves to itself the authority to accept, vary, modify, negotiate and/or reject at any time any or all the tender received at its sole discretion without giving any reason thereof. Any attempt to contact any one regarding matters relating to awarding the contract will disqualify the Tenderer. No alteration shall be made by the Successful tenderer in the contract and if so made, his tender will be disqualified. The conditional Tender shall be rejected. B) CONDITIONS GOVERNING ACCEPTANCE OF TENDER The acceptance of the tender shall be governed by the general terms & conditions of the contract and conditions of contract annexed hereto. In additions following conditions shall also be taken into consideration while deciding acceptance of tender. a) The Fleet owner should have fleet of minimum all types of buses. However, for A.C. hightech highend buses Fleet owner should have fleet of minimum buses. (Compulsory) b) The fleet owner must provide minimum 00 New Air Conditioned buses as per MSRTC specification. (Compulsory) c) The fleet owner must provide the New Air Conditioned 40% of buses within 60 days however all allotted Buses in 90 days after issue of letter of acceptance, failing which the penalty of Rs.000/- (Five Thousand only) per bus per day will be recovered from the tenderer. (Compulsory) d) The Tenderer should submit a letter from Bus Manufacturer that they are ready to give delivery of the buses within stipulated period. (Additional) e) Tenderer should supply minimum 00 New Air Conditioned buses as per MSRTC specification. However, depending on number of participants MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

12 found to be eligible, and subject to their willingness to match with the lowest bid, the allocation of buses will be made on pro-rata basis. f) The fleet owner shall produce bank certificate that the bank will provide the finance to the fleet owner for the purchase of these buses (Additional). g) Reference of Bankers (Additional). h) Certified copy of profit & loss account of last years by the Chartered Accountant (i.e , 04-0) (Additional) i) Balance sheet duly certified by the Chartered Accountant for last years. (i.e , 04-0) (Additional) j) Income tax returns for years 0-3 & 03-4 and professional tax and Service tax returns for last years i.e , 04-0 (Additional) k) Certified copy of the latest list of Partners / Directors. (Compulsory) ) All the tender forms that are opened will be scrutinized on the basis of documents and information furnished by Tenderers along with the tender document. The MSRTC may obtain clarifications whatever required and tenderers will ablde to clarify the same within stipulated time. ) IDENTICAL RATES : In case more than one tenderer(s) have quoted the identical rates, the Vice Chairman & Managing Director of the Licensor will have the discretion to assign the License to any tenderers. 3) A tender not in compliance with the aforesaid conditions will be rejected. 4) LAST DATE FOR SUBMISSION Online submission should be submitted as per the given schedule. ) VALIDITY OF OFFER (A) The offers submitted shall remain valid up to March, 06 from the date of opening of e-tender, if necessary, the Corporation may seek further extension to which the bidders are expected to agree. (B) The number of buses to be provided on hire is likely to vary. The Corporation intends to hire another 00 buses in second lot in addition to these 00 buses to be procured in this tender. The rates offered by the bidders will be applicable for the second lot also. 6. (A) OPENING OF e-tenders Opening of e- Tender will be done as per the given schedule. (B) All the e-tender forms that are opened will be scrutinized on the basis of documents and information furnished by Tenderers in Online Technical Bid. The MSRTC may obtain clarification whatever required and tenderers will abide to clarify the same within stipulated time. 7. OPENING OF FINANCIAL BID The financial bid of only those bidders whose technical bids are found acceptable shall be opened as per the given schedule. 8. The Vice Chairman and Managing Director, M.S.R.T. Corporation reserves the right to accept, modify and reject any or all tenders without assigning any reason and the decision of the VC&MD shall be final and binding on the tenderer in case of any dispute on the terms & conditions. ========== MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

13 GENERAL CONDITIONS OF CONTRACT. SCOPE OF CONTRACT : The Tender for hiring of NEW 00 FULLY BUILT, HIGH TECH, INTEGRAL / LADDER / MONOCOQUE BUSES OF 3 SEATS AS WELL AS 4 SEATS AC BUSES, A/C & NON A/C SLEEPER BUSES OF 30 SEATS & BERTHS, 4 SEATS & 8 BERTHS AND 30 BERRTHS, AS PER MSRTC SPECIFICATIONS owned by the fleet owner.. SPECIFICATIONS OF AIR CONDFITIONED BUSES: a. Specification for NEW 00 FULLY BUILT, AIR CONDITIONED, HIGH TECH, / NON A/C SLEEPER / INTEGRAL/ LADDER / MONOCOQUE BUSES is as mentioned at Annexure A, B,C,D,E,F,G,H, I & J. b. The Fleet Owner must provide NEW FULLY BUILT, AIR CONDITIONED/NON A.C., HIGH TECH, BUSES OF VARIOUS SEATS AND SLEEPER CAPACITY and these buses must comply with the specifications of the corporation and with latest emission standards. 3. CONTRACT AND CONTRACT PERIOD The contract will be in the manner explained herein after on the payment of Kms. Basis operated by hired Air Conditioned buses. This contract is operative for a period of 4 years initially with assured 34 days per year, renewable for two more year based on the performance of the buses. 4. The selected tenderer will have to enter into a written agreement with General Manager(Traffic) of the Corporation within 30 days from the date of Acceptance letter, failing which it shall be construed as if the tenderer has entered into a binding agreement with the Corporation.. STAMP DUTY AND HIRE AGREEMENT DEED The Fleet Owner will have to bear the cost of Stamp Duty, Registration charges, any other charges / fees payable for execution of this deed / agreement. Three copies ( Registered original copy ) be submitted to M.S.R.T.Corporation. 6. i) In case the Fleet Owner fails to make the bus available, the Corporation shall leavy a penalty of Rs.,000/- per day. If fleet owner intimates Corporation non availibility of bus before three hours of a second scheduled trip a penalty of Rs.00/- will be levied, failing to intimate not before 3 hours of second scheduled trip a penalty of Rs.000/- will be levied and same will be recovered from the charges payable to the Fleet Owner. ii) iii) The Fleet Owner has to operate the bus on the route allotted only. The Fleet Owner shall not allow operation of any other bus owned by him/ her or belonging to his / her family members illegally on the notified routes MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 3

14 infringing the monopoly of the Corporation and in case of violation, he / she is liable for action which includes termination of the agreement. iv) The Corporation reserves the right to allot any route to the Fleet Owner v) The Fleet Owner will have to execute an agreement with the Corporation at his own cost. vi) The Corporation shall have a right to hire buses from any other Fleet Owner. vii) The Vice Chairman & Managing Director,M.S.R.T.Corporation is authorised to modify or delete or add any terms & conditions of the agreement. viii) Any dispute or litigation arising out of or in connection with the terms and conditions of this contract, including any suit to enforce the right of other party under or in respect of this contract shall be instituted and exclusively triable by the Courts of Comp[etent Ordinary Jurisdiction within Mumbai Notwitstanding that part of the course of action may have aarisen outside the jurisdiction of such Courts. 7. The Licensee shall not assign, sublet or undertake or transfer the right granted under this deed to any person. 8. Any dispute or claim arising out of or relating to this agreement or part thereof shall be referred to the Vice Chairman & Managing Director of Licensor whose decision shall be final and binding on both the parties. However this will not be treated as Arbitration under the provisions of Arbitration and Conciliation Act KMS.PER BUS PER DAY I) The hired buses will be operated approximately 30 kms. Per day on monthly average basis not withstanding whatever mentioned in the earlier part of agreement. II) Incase of brakedown of Air Conditioned bus in other depot having Air Conditioned operation the duly repaired said brake down Air Conditioned bus can be used if necessary by other depot by fueling necessary diesel and ther charges of Kms. will be born by operating depot. 0. FOR SINGLE & MULTI AXEL HIGHEND BUSES : The Fleet onwer will be provided diesel by MSRTC on the basis of 3. Kms. per Ltr for 4/3 seater A/C buses for plain roads and.68 Kms. per Ltr for hilly and city area or as per actual kms. per Ltr. of diesel whichever is higher for effective kms. of the schedule. The higher ratio amongst the two will be considered for issueing diesel. If this ratio is below than kmpl fixed, then the cost of additional diesel will be born by the fleet owner. For 4 seater minimum 7 HP A/C buses and Sleeper buses: The Fleet onwer will be provided diesel by MSRTC on the basis of 4.3 Kms. per Ltr. For Non Air Conditioned Buses: The Fleet onwer will be provided diesel by MSRTC on the basis of 4. Kms. per Ltr. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 4

15 . PROVISION OF CONDUCTOR The M.S.R.T.Corporation will provide conductor wherever the services of conductor are necessary for booking and he will be provided with tickets and other conductor's required equipments. Incase of conductorless operation, traffic controller / conductor will be provided for collection of fare and luggage charges. Neither the fleet owner nor his driver shall have any claim on fare and luggage charges or any amount charged to the passenger.. RESPONSIBILITIES OF THE FLEET OWNER (i) The fleet Owner has to provide the bus with driver possessing vaild driving licence with P.S.V. badge and Certificate of medical fitness from the competent authority. The driver shall follow the instructions of the authorities of the M.S.R.T.Corporation. The driver will have to undergo training and test of driving. If necessary, the driver should undergo medical examination by Medical Officer of the Corporation. Only successful driver will be deployed on the buses to be given to Corporation on hire basis. Expenditure of the training to be given by M.S.R.T.Corporation of the driver will have to be borne by the Fleet Owner. The driver must fulfil the norms for driving prescribed by M.S.S.R.T.Corporation. (ii) It will be the responsibilty of Fleet Owner to ensure that the driver maintains close co-ordination with the conductor, provide facilities to the passengers and ensure that the passengers are not put to any incovenience. The driver shall have polite behaviour with public and passengers, and also with the M.S.R.T.Corporation staff. (iii) The Fleet Owner shall not employ a person as a driver for operating a bus on hire basis who has been removed or dismissed or retired on superannuation from the services of M.S.R.T. Corporation or any other Public Undertaking. Also, the driver must be of the age less than 8 years. (iv) The Fleet Owner shall provide uniform to the driver as prescribed by M.S.R.T. Corporation. The driver shall also be provided with an identity card with photo attested by the Fleet Owner and M.S.R.T. Corporation. The Fleet Owner shall furnish photocopy of the driving licenses of the driver M.S.R.T. Corporation. (v) The Fleet Owner shall bear the cost of the driver including his wages, daily allowance and meet all other statutory obligations such as P.F., E.S.I., etc., Similarly hours of work as Motor Transport Worker's Act, 96 and any other applicable laws in this respect. (vi) The driver shall scrupulously follow the Instructions issued by M.S.R.T. Corporation. As and When the M.S.R.T. Corporation finds behavior and conduct of the driver questionable, upon the notice, the Fleet Owner of hired MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

16 buses shall replace such a driver within a period of days of notice, thereafter, the bus assigned to that driver shall be liable to the discontinued without prior notice and no hire charges will be payable to Fleet Owner and Rs.,000/- per day as penalty, will be recovered from the Fleet Owner. (vii)the Fleet Owner shall keep the buses road worthy and clean as mentioned in Chapter-vii of the Motor Vehicle Act, 988 and Rules made there under, from time to time. (viii)the Fleet Owner shall supply lubricants, oil, tyres & tubes, spare parts, etc. required for running of buses including maintenance of the buses at his own cost. Generally the Fleet Owner will be exempted from providing bus for operation on route on the ground of maintenance or repairs for two day in a month with advance intimation to the M.S.R.T.C. Two days maintenance facility can be availed in two full or four half days from Monday afternoon to Friday before noon. If there is a Public Holiday prefix and suffix to Saturday and Sunday, then this facility shall not be availed on Monday and Friday. However in case of emergency VOR after due inspection and examination by the Depot Manager concerned the above restriction of Friday afternoon to Monday before noon can be waived. Also in case of major break down / major repairs the Vendor will be allowed a maximum of 7 days at one stretch. However the total maintenance and repairs days including major breakdown / major repairs shall not exceed 4 days in a year for one bus. However in case more than one bus private operator provided to the particular depot in such case the vehicle for maintenance days shall be cumulatively allowed. In case of Accident if more days than the permitted days in clause are required for repairs, the operator will arrange to provide substitute vehicle failing which penalty of Rs. 000/- per day levied after the total permitted period of repairs in a year i.e. 4 days. However operator has liberty to utilize the days from cumulative maintained days of depot, if available. The Fleet Owner shall ensure that the vehicle/bus provided; always conforms to the emission norms prescribed as per the law and rules in force and the Fleet Owner shall take all the steps to ensure the same. (ix) The Fleet Owner has to ensure that the bus will not get break down due to diesel shortage while the bus is in operation for the whole day. The cumulative effective and dead cumulative Kms. of the total buses of sane make fleet of the operator for the month will be considered for calculation of Kilo Meter per liter of diesel for the depot. While transferring a bus from one depot to another depot diesel shall be provided as per the norm fixed of Kilo Meter per litter and Incase withdrawal MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 6

17 of a bus from the operation diesel tank shall be topped up at the time of expiry/termination of contract as in case of vice versa of the agreement. (x) The Fleet Owner shall be responsible for damage or loss caused to the hired bus during the period of agitation, accident, etc. Under no circumstances M.S.R.T. Corporation should be made liable or responsible to any compensation to be awarded by Motor Accident Claim Tribunals or Courts. (xi) The Fleet Owner shall be duty bound for payment of Road Tax. The Passenger Tax, Toll Tax will be paid by M.S.R.T. Corporation. Any other taxes including Service tax and any other taxes made applicable in future relating to hired buses will be borne by the Fleet Owner. (xii) The Fleet Owner shall abide by all statutory provisions including those made under various labour enactments and defend the driver in Criminal and / or Civil Court in any Criminal / Civil liability arising out of any action of Court on the part of the driver except case of overloading (xiii) a) The Fleet Owner shall ensure the insurance of covering third party risk, passenger & other property damage including bus. The Insurance should be renewed in time. Under no circumstances M.S.R.T. Corporation be made liable or responsible to any compensation to be awarded by motor accident tribunal, tribunal or court. The Fleet Owner must ensure that the insurance policy is in force. Further, without prejudice to above, the Fleet Owner shall Indemnity the M.S.R.T. Corporation for all accident compensation claims if lodged against M.S.R.T. Corporation Non coverage of vehicle and third party comprehensive insurance entails in termination of agreement. The driver of the bus to which accident has occurred, should make necessary arrangements for hospitalization of the injured passengers. The Fleet Owner shall immediately attend the accident spot and complete all legal formalities along with hospitalization of the injured passengers or any other injured persons due to accident. b) The driver and the fleet owner should immediately contact to the nearest Depot Manager and report him about the incidence. c) The spot payment as an immediate relief to the injured or relatives of deceased S.T. passengers as per the M.S.R.T.C's procedure is made by the Fleet Owner. In case due to urgency if the payment is made by the Corporation, the same will be recovered from the Fleet Owner. All other claims including medical charges, payable under the Motor Vehicle Act/ Rules and accident claims, the Corporation shall under no circumstances be made liable or responsible to pay compensation that may be awarded by Motor Accident Claims Tribunal or Tribunal in respect of accidents. The free passes will be provided to the victims of the accidents by M.S.R.T. Corporation as per the current procedure. MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 7 The fleet owner will have to

18 submit the status report of the accident to the concerned Divisional Controller and to the General Manager (Traffic). d) The bus owner will be provided one day for major and fatal accident and next day for repairs, etc. for the purpose of levy of penalty, these days will not be counted for penalty. After these two days, he must provide a bus otherwise penalty of Rs. 000/- per day will be charged. In case of minor accident / minor incidence not reported with police fleet owner would be allowed maximum one day for repairs of bus upon production of certificate from AMC agency of the fleet owner. In case of accident, if more days than the permitted in clause are required, the operator will be allowed to replace the vehicle with other vehicle. (xiv) The Fleet Owner shall produce the vehicle for inspection at the time of deployment and also subsequently whenever required to the Mechanical Engineering Department of the M.S.R.T. Corporation. (xv)the hired vehicles will be parked at the respective depots at the risk of the Fleet owner provided space is available at the depot. Otherwise, the bus owner has to make his own arrangement for parking. Minor maintenance activity of these buses is permitted at the parking sites. Space will be provided by MSRTC at the workshop, Pune on the rent basis. Rent for Sq. ft. will be decided as per Ready-Reckoner. (xvi) In case of break down, the Fleet Owner will not be paid for the cancelled kms., of that particular day schedule. The refund paid to the passengers and Rs.0,000/- penalty will be levied for the cancelled kms. of the one breakdown of the day. However, he will be exempted from charging Rs. 000/- for non-providing the bus for the day. (xvii) However in case during the period of contract the operator for any reason desires to withdraw any particular vehicle, he has to provide substitute vehicle in order to maintain the exact number of vehicles. (xviii) The fleet owner shall provide bed roll consisting of bed sheets, pillow, blanket & hand towel in MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 8 A.C. Sleeper and Non A.C,. Sleeper buses. In A.C. non sleeper buses blanket & hand towel should be provided. (xix) All the buses being inducted under this scheme will have bus body with (xx) luggage compartment. Preference will be given for Maximum space to be provided for luggage space. Size of luggage compartment in case of single axle, multi axle and sleeper coach buses is as follows. Hightech highend A/C, Non A/C sleeper single & multi axle & A/C Seater coach Length Width.3 - Height. - Total area 6.9 cub.mtrs.(min) 4. cub.mtrs.(min) The provision of spare buses against No. of buses is mandatory, so as to cater for VOR days in a month per bus against B/d & against accident if

19 any. The spare buses provided for will not be paid any charges unless it is used for other than the provision made as above. Location of the spare buses will be decided by the Corporation. 4. CALCULATION OF KILOMETERS OF HIRED BUSES. (i) The M.S.R.T. Corporation shall pay hire charges for the actual effective kms. at the rate per kms. as per the agreement. (ii) Cancelled kms. on account of any reason beyond the control of M.S.R.T. Corporation shall be deducted from the guaranteed kilometers. (iii) The Fleet Owner shall make available the bus for minimum 6 hours a day, In case bus is not made available for minimum 6 steering hours a day, it will not be counted as a day for the purpose of reckoning the number of days operated in a month. (iv) Increase in route kms. due to enforcement of law and order shall not be reckoned for hire charges whereas M.S.R.T. Corporation has not changed its fare structure. However, such kms. will be considered for fuel only.. PAYMENT OF BILLS (i) Fortnightly bill for the payment of hire charges shall be prepared by the Fleet Owner and can be submitted to the concerned Divisional Controller of the Corporation on every 0th day of current month and bills for second fortnight can be submitted on every th day of succeeding month. (ii) The M.S.R.T. Corporation will make payment against the bills as far as possible within 0 days from the receipt of bills, provided they are in order. (v) The payment of the bill will made by the concerned Divisional Office. 6. DISPUTES AND CLAIM (i) (ii) (iii) (iv) The Fleet Owner shall have no claims or right whatsoever on stage carriage and contract carriage permit which would be obtained by M.S.R.T. Corporation. No bus provided under the hire agreement to M.S.R.T. Corporation will be allowed to be sold/ownership changed without prior permission of MSRTC during the tenure of contract. In case it is established that a bus had been sold or the ownership changed without prior permission of MSRTC during this period, the payment for that period will not be made and the Bank Guarantee will stand forfeited. Under no circumstances a hired bus will be diverted by the Fleet Owner for the personal use or a gain of any other business during contract period. The M.S.R.T. Corporation shall not be under any obligation to make payment for damage / compensation or in the event, the scheme as per MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 9

20 the Gove. Notification No.MVA-373/ XII-A- dated 9th November 973 is modified or withdrawn or abrupt termination or suspension of the hired bus in the event of legal order of the competent Court. 7. PENALTIES & FINES (i) The Fleet Owner shall be liable to pay penalties, fines whenever levied by M.S.R.T. Corporation. (ii) The M.S.R.T. Corporation shall have the right to deduct the penalties or fine levied from the amount due to Fleet Owner either towards hire charges or by way of forfeiture of bank guarantee. (iii) Fleet Owner will be provided list of existing stops/ halts of the bus and he shall be liable to be fined incase of bus not stopping at authorized stop declared in original / revised list or vehicle stopped at unauthorized stopped. 8. RESPONSIBILITIES OF THE FLEET OWNER TOWARDS DRIVER AND BUS (i) The M.S.R.T. Corporation is empowered to specify the colour of the bus provided by the Fleet Owner after getting permission from the authorities concerned. The Fleet Owner thereon shall act accordingly. The M.S.R.T. Corporation shall have the right to display the advertisements on the hired buses and also will have sole right of accepting and collecting revenue in connection thereof. (ii) The Fleet Owner shall ensure M.S.R.T.C's monogram on sides of the bus. (iii) The Fleet Owner shall deposit photocopy of the R.C. book, Insurance Policy of bus with the M.S.R.T.Corporation duly exhibiting the copy of the R.C. book in the bus, under the safe custody of the driver in the bus while on duty. (iv) The Fleet Owner shall not transfer or otherwise alienate the vehicle during the period of agreement. (v) It shall be the sole responsibility of the private Fleet Owner of the vehicle to meet or discharge any liability arising out of violation of traffic rules & regulations and statutory regulations and all rules in force. (vi) It shall be the responsibility of the private Fleet Owner to produce at his own cost the driver of bus or both before the Court of law and before the Police Authorities whenever required in case of accident or any other contingencies or an order or direction by the Judicial or Executive Authorities. (vii) The M.S.R.T. Corporation is at liberty to install any mechanical / electronic or such other device on hired bus to check and ensure punctuality and regularity or to compute the kms. of operations or any other purpose. The Fleet Owner shall ensure the safety of such device and MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 0

21 also ensure that those are not damaged or tampered. M.S.R.T. Corporation has the liberty to impose suitable penalty on the Fleet Owner if device is damaged / tampered to make the loss good. (viii) The total kms. operated in a day shall be certified as per kms. operated or the trip distance as per stage table whichever is less. For the purpose of calculation and certification of the total kms. performed on any day, the distance from point to point of such trip shall be based on the actual kms. Performed or the kms. as per the form IV of the schedule of M.S.R.T.C. whichever is less. (ix) (x) (xi) The private Fleet Owner shall maintain a vehicle log book indicating datewise operational particulars, which should be attested by the authorized officials of M.S.R.T. Corporation. The private Fleet Owner shall not use any of the buses covered by this agreement to ply for any other purpose at any time during the period of agreement. It shall be the responsibility of the private fleet owners to contribute towards the advertisement and promotion campaign of launching these A/C and Non A/C buses in various news papers, television & other media etc. Tentative expenditure for the entire campaign will be Rs. 4 crores and the expenditure will be borne by the fleet owners on pro-data basis. As far as advertisement expenditure is concerned, successful bidder has to carry out advertising campaign about operation of hired A.C./Non A.C. buses for the period of 3 months commencing from Sept.,0, time to time frequently, as per the norms specified by MSRTC. In addition the matter of advertisement campaign i.e. creative, script (Audio/Video) needs to be submitted for approval to MSRTC and it will be monitored by MSRTC. The expenditure so incurred will be apportioned amongst the successful bidders, who have submit the bills of expenditure to MSRTC. [ 9. NOTICE OF TERMINATION OF CONTRACT : a) The M.S.R.T. Corporation shall be at liberty to terminate the agreement for the violation of the terms & conditions of the agreement and no compensation shall be paid by M.S. R. T. Corporation of such termination of the agreement. b) Private Fleet owner terminate the hire contract by issue of three month's notice without assigning any reason. However, MSRTC can terminate the hire contract by issue of one months notice without assigning any reason. c) If during the period the contract remains in force, General Manager (Traffic) has reason to be dissatisfied with the service or the manner of the implementation of contract and / or the representatives of the fleet owner, the General Manager MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

22 (Traffic) may by notice in writing call upon the fleet owner to remove the cause of such dissatisfaction in the way to be indicated in the notice and if the fleet owner fails for a period of 30 days after receipt of such notice to remedy such causes of dissatisfaction to the satisfaction of the General Manager(Traffic) then notwithstanding anything contained in the Agreement to the contrary the General Manager(Traffic) shall be at liberty by giving notice of days to terminate the contract by en-cashing Bank Guarantee of the fleet owner. 0. Fleet owner shall take necessary permissions from concerned Govt. Authorities / Statutory bodies to run the Air Condition buses provided on hired basis.. The Corporation reserves the right of advertisements on / in these buses similarly the Corporation has the right to transport goods / parcels / couriers in these buses.. Fleet owner shall take necessary permissions from Police Dept./concerned Govt. Authorities regarding Air, Sound Pollution etc.. The fleet owner shall furnish information that may be required by the Corporation from time to time connected with their business. 3. The fleet owner shall provide the hired buses with suggested colour scheme from the approval of the Transport Commissioner in the name of the General Manager (Traffic) for the contractual period. ========== MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page

23 SR NO Annexure A SPECIFICATIONS FOR NEW 4 SEATER - AIR CONDITIONED, HI-TECH, FULLY BUILT, INTEGRAL COACHES PARAMETER ENGINE. 3. INSTRUMENT PANEL TRANS- MISSION 4. BRAKES STEERING 6 TYRES 7 8 FUEL STORAGE CAPACITY 4 VOLT ELECTRICAL MSRTC REQUIREMENT MINIMUM POWER-90 HP / 6 KW FUEL- DIESEL 3 LOCATION- REAR. 4 POLLUTION NORMS-BS III ELECTRONIC CONTROLL WITH ENGINE MANAGEMENT. ODOMETER WITH TRIP COUNTER IN KMS. ENGINE RPM METER. 3 FLASHING-SIDE INDICATOR AND SWITCH. 4 WARNING LAMP/BUZZER FOR LOW AIR PRESSURE. WARNING LAMP/BUZZER ENGINE OIL LEVEL. 6 WARNING LAMP FOR CHARGING OF BATTERIES. 7 AIR PRESSURE GAUGE. 8 TEMPERATURE GAUGE. 9 FUEL GAUGE. 0 ENGINE OIL PRESSURE GAUGE. VEHICLE DIAGNOSTIC DISPLAY. MINIMUM SIX FORWARD AND ONE REVERSE, SYNCHROMESH GEAR BOX WITH INBUILT HYDRODYNAMIC RETARDERS. ALL WHEELS MUST BE EQUIPPED WITH BRAKES INCLUDING ABS AND PARKING. ADJUSTABLE, POWER ASSISTED STEERING MOUNTED ON RIGHT HAND SIDE OF THE BUS 6 + = 07 NO. OF TUBELESS RADIAL TYRES WITH RIM. SIZE - 9/80-R-.. MINIMUM 400 LTRS.WITH LOCKING ARRANGEMENTS. MINIMUM-0 HEAD LIGHTS WITH HALOGEN BULBS. FOG LAMPS- MINIMUM ROOF TOP INDICATORS AS PER CMVR PROVISION. REAR TAIL LAMPS CONSISTING OF PARKING, 4 REVERSE INDICATORS & BRAKE LAMPS. FOR INTERNAL CEILING - MINIMUM 06 NOS OF LAMPS CONCEALED WITH BLUE NIGHT LAMPS. READING LAMP ASSEMBLIES FOR INDIVIDUAL 6 PASSENGER SEATS. CHARGING POINT - FOR ELECTRONIC TICKETING 7 MACHINE (ETM) IN DRIVER CABIN. CONCEALED TYPE SAFETY SOCKETS FOR EACH 8 ROW OF PASSENGER SEATS TO CHARGE MOBILE / LAPTOPS. A) BUS SHOULD BE FITTED WITH MASTER MULTIPLEX WIRING COMPATIBLE FOR AUXILLARY S LIKE INTELLIGENT TRANSPORT 9 (ITS), CCTV, WI-FI AND GPS. B) BUS SHALL BE PROVIDED WITH INTELLIGENT TRANSPORT, TWO CCTVS, WI-FI AND GPS MSRTC TENDER DOCUMENT FOR HIRING OF A/C BUSES Page 3