atcc bid document

8/8/2019 ATCC Bid Document

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Table of Content s

Section Particulars Page No

1. NOTICE INVITING TENDER 2

2. INSTRUCTIONS TO BIDDERS 4

3. GENERAL (COMMERCIAL AND LEGAL)CONDITIONS OF THE CONTRACT

19

4. SPECIAL CONDITIONS OF THE CONTRACT 23

5. SCOPE OF WORK 27

6. TECHNICAL REQUIREMENTS 31

7. FORMATS TO BE USED FOR SUBMISSION OFPROPOSAL

34

8. FORMATS FOR SUBMISSION OF BANKGUARANTEES

45

9. DRAFT AGREEMENT 48

10 ANNEXTURE-3 TRAFFIC COUNT STATIONS 51


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SECTION 1

NOTICE INVITING TENDER(International Competitive Bidding)

NIT No. RW/KOL/ATCC/1/2010-11

Sealed bids are invited by the Regional Officer (Civil), Ministry of Road Transport& Highways, Room No.106,1st Floor, CGO Complex, C-Wing, Salt Lake,Kolkata-700 064 for and on behalf of President of India only from the eligibleConsultants/Contractors for the following works:

Sl.No.

Name of work EstimatedCost of the

work

(Rs. in lacs)

EarnestMoney(Rs. inlacs)

Period

1.Procuring, Commissioning, Operationand maintenance for five years a Portablesystem* of Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identifiedsingle/intermediate/2/4/6 lane NationalHighways in the States of N.E states,WB, Orissa, Bihar, Jharkhand andChhattisgarh in India with dataprocessing unit Central Data Center(CDC) at Zonal Headquarters at Kolkata.

250 10.00

2. Operation & Technical supportsystem/staff for data processing at

Central Data Center at ZonalHeadquarters at Kolkata for five years fordata collection, analysis, monthly reportpublication of traffic data and provision ofan authorized/General user interface foraccessing the information through WorldWide Web (www), software up-gradationetc.

Included in theabove

Includedin the

above

5 Years

*The ATCCs and CDC system at Zonal Headquarters at Kolkata shall be capable of collectingweekly and long term traffic data, data storage in a secured database, data transmission fromATCC to CDC at Zonal Headquarters by suitable / reliable latest technology viz GSM (GlobalSystem for Mobile Communications) / GPRS (General Packet Radio Service), landline modem,CDMA (Code Division Multiple Access)

2. The bid documents may be purchased by the prospective bidders inperson or through authorized representative from the office of the Regionalofficer(Civil) on or after 11.10.2010 on written request/requisition indicating theirfull name and address and on submission of a non-refundable fee of Rs. 5,000(five thousand) in the form of Demand Draft drawn on any scheduled bank or anymultinational bank having its branch in India in favour of Regional Pay andAccounts Officer (NH), Kolkata, payable at Kolkata and attested copies of IncomeTax Permanent Account Number, VAT/Service Tax Clearance Certificate.

3. A pre-bid meeting will be held on 23.10.2010(FN) in Ministrys Headquarters atTransport Bhawan, No.-1 Parliament Street, New Delhi. The bids will be received


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in the office of Regional Officer (Civil) up to 11.00 A.M. on 29.11.2010 and bidswill be opened the same day at 3.30 p.m. in the office of Regional Officer (Civil) inthe presence of the intending bidders or their authorized representatives.

4. Bid documents may also be downloaded from the Ministry of Road Transport &

Highways website www.morth.nic.in, but in that case, prescribed fee of Rs.5,000may be furnished towards cost of bid documents along with the submission of bid.The format of the downloaded bid document should not be disturbed / altered;otherwise the bid will be rejected. The bid documents are non- transferable andonly the firms to whom the bid documents have been issued may submit theirbids.

5. In case of closure of office, due to any reason, the last date of bidsubmission/opening, stipulated in this notice would stand postponed to the nextworking day.

Regional Officer (Civil), Kolkata,Ministry of Road Transport & Highways


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SECTION 2

2. INSTRUCTION TO BIDDERS

2.1 INTRODUCTION

2.1.1 The Ministry of Road Transport & Highways (MORT&H) is responsiblefor the development, maintenance and management of NationalHighways and for matters connected or incidental thereto.

2.1.2 MORT&H officiates from Transport Bhawan located at 1, ParliamentStreet, New Delhi. MORT&H also has Regional offices in most of theState Capitals. Issues relating to Planning for National Highways arebeing done by MORT&H and the execution of work at site are beingdone through agencies namely, National Highways Authority of India(NHAI), National Highway (NH) wing of State Public Works Department

(PWD), Border Roads Organisation (BRO) etc.2.1.3 Bids are invited by MORT&H from established and reliablemanufacturers / suppliers / agencies / institutions for procuring,commissioning, Operation and Maintenance of portable type AutomaticTraffic Counter-cum-Classifiers (ATCCs) on sections ofsingle/intermediate/2/4/6 lane National Highways at identified locationsin the States of N.E states, WB, Orissa, Bihar, Jharkhand andChhattisgarh in India as given in Annexure-3 and providing technicalsupport system staff for data processing at Central Data Centre at ZonalHeadquarters at Kolkata ( East Zone).

2.2 DEFINITIONS

a) MORT&H means Ministry of Road Transport & Highwaysb) The Employer means the, Regional Officer (Civil), Ministry of

Road Transport & Highways, Department of Road Transport &Highways, Government of India, stationed at Kolkata.

c) The Contractor means agency appointed by MORT&H with astipulated mandate or Firm, or Institution undertaking Procuring,Commissioning, Operation and maintenance for five years a systemof portable Automatic Traffic Counter-cum-Classifiers (ATCCs) atidentified locations on identified single/intermediate/2/4/6 lane

National Highways in the States of N.E states, WB, Orissa, Bihar,Jharkhand and Chhattisgarh in India as given in Annexure 3 withdata processing unit Central Data Center (CDC) at ZonalHeadquarters at Kolkata.

d) The Bidder means a firm or JV or Consortium which participatesin the tender and submits its proposal.

e) The Products/equipment/ system means all the ATCCequipment and related software, which produces the desired report,which the Successful Bidder is required to supply to the Employer asper this tender.

f) Successful Bidder means the Bidder, who, after the completeevaluation process, gets the Letter of Award. The Successful Bidder


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shall be deemed as Contractor appearing anywhere in thedocument.

g) The Letter of Acceptance means the issue of a signed letter bythe Employer of its intention to accept the offer of successful bidderand awarding the work mentioning the total Contract Value.

h) The Contract means the agreement entered into between theEmployer and the Contractor, as recorded in the Contractdocuments signed by the parties, including all attachments andappendices thereto and all documents incorporated by referencestherein

i) The Contract Price means the price payable to the SuccessfulBidder under the Letter of Acceptance for the full and properperformance of its contractual obligations. The Contract Price shallbe deemed as Contract Value appearing anywhere in thedocument.

j) Factory Acceptance Test (FAT) is a process of verification of the

conformance of the Products/equipment (including hardware andsoftware) as per the Technical Specifications laid out in the TenderDocument at the factory before the dispatch of Products/equipmentto the respective sites.

k) Site Acceptance Test (SAT) is a process of testing thecontracted services provided by the Bidder at each site (location) ofthe Employer. SAT comprises of Product Acceptance Tests withrespect to Technical Specifications and Bill of Materials as specifiedin this tender, checking the installation, commissioning andintegration of sub-components.

l) Services means System Integration, Training and coordinatingwith the original equipment manufacturer (OEM) for installation,commissioning, system integration and maintenance of properworking of supplied equipment etc.

m) NIT is the Notice Inviting Tender. It is essentially the PressNotification of the Tender.

n) OEM - means Original Equipment Manufacturer and / or OriginalSoftware Developer.

o) Final Acceptance Certificate- means a signed letter issued bythe Employer of its approval for successful commissioning of all theequipment at respective locations and at Central Data Center at

Kolkata.

2.3 BID DOCUMENT

2.3.1 The process and procedures of bidding, the materials to be suppliedand the various terms and conditions of this tender are provided in theBid Document. The Bid Document include:

Section 1 Notice Inviting TenderSection 2 Instructions to BiddersSection 3 General (commercial & legal) Conditions of Contract

Section 4 Special Conditions of ContractSection 5 Scope of the work


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Section 6 Technical RequirementsSection 7 Formats for Submission of ProposalsSection 8 Formats for submission of bank guarantees.Section 9 Draft Contract Agreement.Section 10 Traffic Count Stations

2.3.2 The Bidder should carefully read all the instructions, terms andconditions, specifications and various forms that are provided in the BidDocument. The tender may be rejected if any or all of the informationasked for in this document are not furnished along with the tender or ifthe tender is not responsive with the Bid Document.

2.4 PRE-BID MEETING

Pre bid meeting is scheduled on 23.10.2010(FN) in MinistrysHeadquarters at Transport Bhawan, No.1 Parliament Street, New Delhi.Clarifications sought during the meeting will be issued at the same time

and if any issue could not be resolved on the same day, clarifications ofthe same can be collected from office of the , Regional Officer (Civil),MORT&H, Kolkata 5 days prior to bid submission. No separateinformation will be passed on to any individual Bidder in this regard.

2.5 AMENDMENT OF BID DOCUMENTS

At any time, 5 days prior to bid submission, the Employer may, for anyreason, whether at its own initiative or in response to a clarificationrequested by a prospective Bidder, modify bid documents byamendments.

2.6 COST OF BIDDING

The Bidder has to bear all the costs associated with the preparation andsubmission of the bid. Employer will, in no case, be responsible or liablefor any of the costs, regardless of the conduct or outcome of the biddingprocess.

2.7 APPLICATION FEE (AF) AND EARNEST MONEY DEPOSIT (EMD)

2.7.1 The proposal should be submitted along with EMD (for the amountgiven in table below) in the form of Demand Draft / pay order drawn onany scheduled bank or any multinational bank having its branch in Indiain favour of Regional Pay and Accounts Officer (NH), Kolkata, payableat Kolkata in the office of Regional Officer (Civil), Ministry of RoadTransport & Highways, Room No.106,1st Floor, C.G.O. Complex, C-Wing, DF Block, Salt Lake, Kolkata-700 064.

EMD can also be in the form of a Bank Guarantee and the formatspecified in section 8 of this document valid for a period of 180 days.The Bid submitted without EMD will be summarily rejected. Application

fees of Rs. 5,000/- should also be accompanied with the furnished offer,


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in case, the Bid documents has been downloaded from the Ministryswebsite www.morth.nic.in

Sl.No.

Name of work EMD(Rs. in lacs)

1. Procuring, Commissioning, Operation & Maintenance forfive years of a system of portable Automatic Traffic

Counter-cum-Classifiers (ATCCs) at identified locations

on identified single/intermediate/2/4/6 lane National

Highways in the States of N.E. States, West Bengal, Orissa,

Bihar, Jharkhand and Chhattisgarh in India as given in

Annexure-3 with data processing unit at Central Data

Center (CDC) at zonal Headquarters at Kolkata including

Technical support system/staff for data processing, data

collection, analysis, monthly report publication of traffic

data, provision of an authorized/General user interface for

assessing the information through World Wide Web

(www), and software upgradation etc

10.00

*The ATCC and CDC system shall be capable of collecting real time traffic data, datastorage in a secured database, immediate data transmission from ATCC to CDC by suitable/ reliable latest technology viz GSM (Global System for Mobile Communications) / GPRS(General Packet Radio Service), landline modem, CDMA (Code Division Multiple Access)

2.7.2 The EMD of the successful Bidder will be returned when the Bidder hassigned the Contract Agreement with the Employer and has furnishedthe required Performance Guarantee for the amount equivalent to 10%of the contract price on the prescribed format as enclosed in section 8,with in 15 days from the receipt of the Letter of Acceptance.

2.7.3 The EMD will be forfeited:

(a) If a Bidder withdraws its bid during the period of bid validity. Or(b) If the Bidder fails to accept the Employers corrections of arithmetic

errors in the Bidders bid (if any), or(c) If the Successful Bidder fails to sign the contract agreement with the

Employer with in the prescribed period, or(d) If the Successful Bidder fails to furnish the Performance Guarantee

with in the stipulated time.

2.7.4 The technically unqualified bidders would be informed regarding theirnon qualification, without any explanation and thereafter EMD, price bid(commercial proposal) would be returned unopened after the evaluationof the commercial proposal and signing the contract agreement with thesuccessful bidder.

2.8 BID PRICES

2.8.1 The Bidder shall give the pricing as individual and as a total compositeprice inclusive of all levies & taxes i.e. Sales Tax, Service Tax, Octroi,Entry Tax, Custom/ Excise Duty Packing, Forwarding, Freight,Insurance etc.
http://www.morth.nic.in/http://www.morth.nic.in/


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2.8.2 Custom/Excise duty exemption will be as per the applicable provisionsof relevant act. Octroi / Entry tax will be as applicable. For these taxesthe bidder may find out themselves the applicable exemptions andquote accordingly. The Employer would not be liable to pay them lateras these taxes are supposed to be taken in to account by the bidder in

the bid.2.8.3 The prices quoted by the bidder shall be in sufficient detail to enable the

Employer to arrive at the price of equipment/system offered.

2.8.4 If any or all of the information asked in the Section-7 are not available inthe Commercial Proposal, the bid is liable for rejection.

2.9 DISCOUNTS

The Bidders are informed that discount, if any, should be indicatedseparately at point 4, part I, para 7.1 of section 7.

2.10 BID VALIDITY

The bids shall remain valid for a period up to and including the date 180(one hundred and eighty) days from the last date of submission of bids.

2.11 ONLY ONE BID PER PARTY

Each bidder is permitted to submit ONLY ONE BID for zonalHeadquarters at Kolkata irrespective of whether he is the sole bidder, or

the Leader or Member of a duly formed JV or Consortium. In case it isfound that any party has submitted more than one bid for the subjectwork(s) in any of the above capacities, all bids so submitted shall besummarily rejected and the EMPLOYER shall not entertain anyrequest/correspondence in this matter.

2.12 SUBMISSION OF PROPOSALS

All the proposals will have to be submitted ONLY in HARD BOUND (Hard bound implies such binding between two covers through stitchingor otherwise whereby it may not be possible to replace any paperwithout disturbing the document ) form with all pages sequentiallynumbered either at the top or at the bottom right hand corner of eachpage eg. by writing page 1 of 10 on page 1, if total pages are 10. Itshould also have an index giving page wise information of abovedocuments. Incomplete proposal or those received without hard boundwill summarily be rejected.

The Bidders are required to fill up and submit the Section 7 documentswith their proposals. Clause-by-clause compliance should be providedagainst the technical specifications of the equipment mentioned in

Section 6.


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The proposals shall be submitted in three parts, viz.,

Envelope-1: Containing application fee of Rs. 5,000 (Rupees FiveThousand only) if a Bid document has been downloadedfrom the Ministrys website and an EMD as prescribed in

the tender document in section 2.7.1. The envelopeshould be superscribed as Envelope 1 EMD /Application Fee for ATCC Bid [East Zone] at the topleft corner.

Envelope-2: Pre-qualification Proposal and Technical Proposalsuperscribed as Envelope 2 Pre-qualification andTechnical Proposal for ATCC Bid [East Zone](Containing duly signed PRE-QUALIFICATIONPROPOSAL SUBMISSION FORM as prescribed inSection-7, Other required Prequalification documents,

clause-by-clause compliance to the technicalspecifications of the equipment as prescribed in Section-6, all technical literature, brochures etc.). In the technicalproposal, there should not be any indication about theprices (printed or otherwise) of any of the productsoffered.

Envelope-3: Commercial Proposal containing only the Section-7 Price Schedule superscribed as Envelope 3 Commercial Proposal for ATCC Bid [East Zone].

All the sealed envelopes should again be placed in a sealed coversuper scribed as ATCC Bid from: M/s ____________) NOTTO BE OPENED BEFORE 29.11.2010 which will be received in theoffice of the Regional Office (Civil), Ministry of Road Transport &Highways, Room No.106,1st Floor, CGO Complex, C-Wing, SaltLake,Kolkata-700 mentioned above up to the 29-11-2010at 1100 Hrs.

Any individual(s) signing the bid or other documents connected therewithshould specify whether he is signing the offer as Chief Executive of a singlefirm / agency / institution making the offer, Lead partner of the consortium

of firm / agency / institution making the offer, a Director, Manager orSecretary in case of the authority conferred by Memorandum ofAssociation.

The power of attorney should be executed separately by each member ofJV/ consortium authorizing the individual to sign the bid document onbehalf of JV/ consortium

2.12.1 In the case of a firm not registered under the Indian Partnership Act, all thepartners or the attorney duly authorized by all of them should sign the bidand all other connected documents. The original power of attorney or other

documents empowering the individual or individuals to sign should befurnished to the Employer for verification, if required.


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2.12.2 Each bidder would be required to bid for all the proposed locations in thezone, or otherwise the bid is liable for rejection.

2.12.3 The bids will be evaluated for all the proposed locations in the East zone.

2.12.4 The Bids and all correspondence and documents relating to the bids, shallbe written in the English language.

2.13 LATE BIDSAny bid received by the Employer after the time and date for receipt of bidsprescribed by the Employer in the tender as per Section-2 2.12 may berejected and returned unopened to the Bidder.

2.14 MODIFICATION AND WITHDRAWAL OF BIDS

2.14.1 The Bidder is allowed to modify or withdraw its submitted bid at any timeprior to the last date prescribed for receipt of bids, by giving a writtennotice to the Employer.

2.14.2 Subsequent to the last date for receipt of bids, no modification/withdrawalof bids shall be allowed.

2.14.3 The Bidders cannot withdraw the bid in the interval between the last datefor receipt of bids and the expiry of the bid validity period specified in theBid. Such withdrawal may result in the forfeiture of its EMD from theBidder.

2.15 LOCAL CONDITIONS

2.15.1 Each Bidder is expected to visit and examine the sites / its surroundingsfor getting fully acquainted with the local conditions & factors and toobtain all information, which would have any effect on the execution /performance of the contract and / or the cost for preparing the bid, at theirown interest and cost. The Employer shall not entertain any request forclarification from the Bidder regarding such local conditions.

2.15.2 The Bidder and any of their employees/agents/subcontractors will begranted permission by the Employer to enter upon its premises and landsfor the purpose of such inspection, but only upon the express conditionthat the Bidder and any of their employees/agents/subcontractors will beresponsible for any personal injury (whether fatal or otherwise), loss of ordamage to life, property and other loss damage, costs and expenseshowever caused, which, but for the exercise of such permission would nothave arisen.

2.15.3 It is the Bidders responsibility that such factors have properly beeninvestigated and considered while submitting the bid proposals and noclaim whatsoever including those for financial adjustment to the contractawarded under the bidding documents will be entertained by theEmployer. Neither any change in the time schedule of the contract nor

any financial adjustments arising thereof shall be permitted by the


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Employer on account of failure of the Bidder to know the local laws /conditions.

2.15.4 The site related information furnished by EMPLOYER in this BidDocument is only indicative. The bidders are advised to undertake site

visits and make their own assessment as to the correctness of theinformation. Requests for price revision after bid opening on account ofinaccuracies in information given by EMPLOYER shall not be entertainedat any stage

2.16 CONTACTING THE EMPLOYER

Any effort by a Bidder influencing the Employers bid evaluation, bidcomparison or contract award decisions may result in the rejection of thebid.

2.17 ELIGIBILITY/ PRE-QUALIFICATION CRITERIA

2.17.1 Bidders that meet ALL of the following pre-qualification criteria need onlyapply.

(i) The bidder should have average annual turnover over above IndianRs. 30 million per year in the last three financial years (for currenciesother than Indian Rupees, the applicable conversion [selling] rate ofReserve Bank of India on the last date of bid submission shall apply).Documentary proof in the form of a Certificate from the statutoryauditor /Chartered Accountant of the Bidders company strictly as per

the format specified in Section 7 duly signed and stamped by thestatutory auditor needs to be submitted as proof for the above. Anydeclaration or letter from the Bidder in any other format will not beaccepted.

(ii) The bidder must have successfully collected traffic data separately oras part of preparation of feasibility / detailed project reports for aminimum of 10 Count Stations during the last 10 years, or supplied /commissioned such equipment, or supplied equipment for highwayconstruction, operation / maintenance or highway safety during thelast 3 years. However, more weightage will be given if the bidder hasdone such collections through ATCC or commissioned successfullysuch equipment. This fact shall be supported by letters from the useragency (ies) concerned. The bidder shall furnish contact particulars ofthe relevant Officers of these agencies to enable EMPLOYER to verifythe claim of the bidder. The bidder should also furnish the following;

(a) Forms strictly as per format provided in Section 7.

(b) Successful completion certificate mentioning the Purchase Order,reference number and start and end date of the work duly signedby the client organizations project in-charge / any equivalent

officer / the authorized signatory


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(c) Copies ofwork orders / contracts from the client stating the projecttitle, project value and the brief scope of work of the project.

2.17.2 Bids submitted by a Joint Venture or Consortium shall meet thefollowing:

2.17.2.1 The Agreement signed should legally bind all partners/members.

2.17.2.2 Consortium or joint venture allowed (maximum 2 partners). One of themembers/partners shall be nominated by the JV / Consortium as beingin-charge, and this authorization shall be evidenced by submitting aPower of Attorney signed by legally authorized signatories of eachmember/partner.

2.17.2.3 The partner in-charge shall be authorized to incur liabilities and receiveinstructions for and on behalf of any and all partners of the JointVenture / Consortium during the entire execution of the Contract.

2.17.2.4 All partners of the Joint Venture/Consortium shall be liable jointly andseverally for the execution of the contract in accordance with theContract terms, and a statement to this effect shall be included in theAgreement (in case of successful bidder).

2.17.2.5 The joint-venture/consortium agreement shall indicate precisely theresponsibility of all members in respect of planning, design, constructionequipment, key personnel, work execution and financing of the project.All the members should have active participation during the currency ofthe contract. This shall not be varied/ modified subsequently withoutprior approval of the Employer.

2.17.2.6 Copy of the agreement entered into by the partners shall be submittedwith the Bid.

2.18 EVALUATION

2.18.1 The Employer reserves the right to modify the Evaluation Process atany time during the Tender Process, without assigning any reason,whatsoever, and without any requirement of intimating the Bidders ofany such change.

2.18.2 Any time during the process of evaluation, the Employer may seek for

clarifications from any or all Bidders.

2.18.3 Evaluation Procedure

Stage-1(a): Responsiveness w.r.t. Application Fee & EMD:

First, the envelope containing Application fee (in case of Bid Documentdownloaded from MORT&Hs web site) and Earnest Money Deposit willbe opened and if both are found furnished by the Bidders in theprescribed manner as mentioned in para 2.7.1, then the secondenvelope containing Pre-Qualification & Technical Proposal documentsshall be opened. At any stage during the evaluation, if the EMD is found

invalid, the respective Bidders bid will be summarily rejected.


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Stage-1(b): Technical Proposal Evaluation:The Bidder shall have to fulfill all the Pre-qualification Criteria asspecified in para 2.17.1, in totality and submit all the requireddocuments that relate to the Pre-qualification Criteria terms andconditions. These documents will be scrutinized along with the

Technical Proposal in this phase of evaluation. Those bidders who donot fulfill the terms and conditions of Pre-qualification Criteria asspecified in this tender or whose Technical Proposal is non-responsivewill not be eligible for further Commercial Proposals Evaluation.Technical Proposals of the Bidders would be evaluated for the clause-by-clause compliance of the technical specifications as mentioned in theBid document. Evaluation of Pre-qualification and Technical Proposalby MORT&H shall not be questioned by any of the Bidders. TheEmployer reserves the right to ask for a technicalelaboration/clarification in the form of a technical presentation from theBidder on the already submitted Technical Proposal at any point of time

before opening of the Commercial Proposal. During Technical ProposalEvaluation, the Employer also reserves the right to ask for any third-party benchmarking reports in support of any performance parametersmentioned in the Technical Specifications section (Section-6). Finallybidders would be evaluated for technical competence using thefollowing marking system and only those bidders who score > 75%marks shall qualify for commercial bid opening. Decision of Authoritiesin the technical evaluation shall be taken as FINAL and no questionsshall be entertained in this regard.

Stage-2: Commercial Proposal Evaluation: The Price Bids ofonly the qualifying firms who are short-listed in Stage-I will beevaluated. The proposals shall be opened in presence of theirrepresentatives who choose to attend. The date of opening shall beintimated to the qualified bidders at the appropriate time. Theunqualified bidders would be informed regarding their non qualification,without any explanation and thereafter price bid (commercial proposal)would be returned unopened after the evaluation of the commercialproposal and signing the contract agreement with the successful bidder.In respect of bids in other currencies, equivalent amount in IndianRupees shall be worked out based on the conversion (selling) rate for

the currency in question announced by the Reserve Bank of Indiaprevailing on the last date of bid submission.

The Commercial Proposal Evaluation will be based on the total payoutsincluding all taxes, duties and levies for procuring, commissioning,system integration of equipment, Operation, Maintenance and dataprocessing with technical support system costs as per financialproposal. Lowest of the total cost in Rupees will be successful bidder.

2.18.4 Evaluation of Technical bid shall be done based on the following:


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Max.Marks

1 Past experience of firm or Institution in collection of traffic dataseparately or as part of preparation of feasibility / detailed project

reports, or supplied, commissioned and operated similarequipment, or operated similar equipment or suppliedequipment for highway construction / Quality Control / operation &maintenance / highway safety.

30

2 Past experience of firm in commissioning or operating ormaintaining similar system

15

3 System Architecture & Work methodology 304 Establishment of firm by lead partner or any JV partners in India

for installation / post warranty services10

5 Operation & Maintenance planning 10

6 ISO 9000 Certification/Previous experience in collecting Trafficdata or evaluation of Traffic data by appointing a team leader. 5

TOTAL 100

Only bids securing > 75% marks shall qualify for further consideration.Bidders shall fill up all formats as given in Section 7

2.18.5 The marking criteria will be based on the following:

(a) Past experience of contractor in executing similar system as perclause 2.18.4(1) for installation of unit in following preference in last

5 years.

(i) on four lanes divided carriageway - 3 marks/unit or assignment,max of 30 marks

(ii) on two lane (bi/ unidirectional traffic) - 2 marks/unit or assignment,max of 20 marks

(iii) on single lane (bi/ unidirectional traffic) - 1 mark/unit or assignment,max of 10 marks

(b) Past experience of Contractor in commissioning or operating ormaintaining similar system in last 5 years Subjected to satisfactorycertificate from client as per clause 2.18.4(2)

Past experience of firm in commissioning or operatingsimilar system

1 mark/year, max of 5marks

Past experience of firm in maintaining similar system 2 marks/year, max of 10marks

(c) System Architecture & Work methodology as per clause 2.18.4(3)

Installed in India (preferably five units) max of 5 marksDependency on separate server (2), using existing

Web/NIC Server (5)

max of 5 marks

Counting the traffic to accuracy more than 95% 1 mark/ 1% more, max of 5


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marksClassifying traffic to the specified category with theaccuracy of 95%

1 mark/0.5% more, max of 10marks

Flexibility of the equipment to cater nos. of lanessimultaneously

1 mark/ extra lane (max. of5 lanes), max of 5 marks

(d) Establishment of firm by lead partner or any JV partners in India forinstallation / post warranty Services as per clause 2.18.4(4) -2 marks/year, max of 10 marks

(e) Operation & Maintenance planning with respect to outputreports, Direction wise category of vehicle, CVD, PCU, Number ofaxles, frequency for updation in a day as per clause 2.18.4(5) max of10 marks

(f) ISO 9000 certification as per clause 2.18.4(6)(i) by lead partner/JV partner - 2 marks(ii) Team leader having minimum BE / B.Tech qualification having experience incollection / evaluation of Traffic census data preferably using ATCC equipment forminimum three years or three projects. - 3 marks

The bidders are advised in their own interest to frame the technicalproposal in an objective manner as far as possible so that these couldbe properly assessed in respect of points to be given as part ofevaluation criteria.

2.19 Period of completion

2.19.1 Commissioning of ATCCs at the respective locations and technical datasupport at central data center should be completed in 3 months from thedate of the signing of agreement.

2.19.2 Technical support system and staff for Data Processing at Central DataCenter for data collection & analysis, maintenance of equipment/ units,software upgradation etc. for five years from the date of procuring of allthe equipment and issuance of final acceptance certificate by theEmployer. The Team Leader employed at CDC of the East Zone shallfrequently interact with the Regional Officer (Civil),MORT&H, Kolkata.

2.20 Space for installation of equipment

2.20.1 An air-conditioned CDC of 40 sqm (minimum) along with necessaryelectricity points shall be provided by the Contractor for the installationof various equipment required for data retrieval and processing at theCentral Data Center at the Zonal HQ near the ROs Office, without any

financial implication on the proposed work.


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2.20.2 Adequate space at the edges / median of highway section will beprovided by the Employer to the Contractor for the installation of theportable ATCC at site. Access to ATCC will remain valid for contractorduring the contract period.

2.21 Proposed locations and other details for installation of ATCCs :

The Contractor shall procure minimum six portable ATCCs for ofwhich one will be deployed for a longer duration of one year or more atidentified Count Stations in different States in the East Zone *with theremaining five used for seven day counts at various Count Stationsidentified by the Employer in different States in the East Zone every sixmonths (i.e., a total of 60 locations in all the States in the East Zone areexpected to be covered every six months, which may be different every sixmonths). The seven day Count in each Count Station is expected to becompleted in a cycle of 15 days (including dismantling, transportation and

commissioning). As such Monthly Reports of 7 day Counts from 10 CountStations (in addition to the long term location) shall be produced. Reachesto be declared as National Highways in future (or new States formed withinthe East Zone) shall also be covered (with the six ATCCs procured for EastZone) as required by the Employer.Year wise location of long duration andshort duration count stations are given in Annexure-3 as broad guidance.

2.22 NOTICES

Any notice to be served under this contract shall be deemed to be validlyserved if sent by registered post or fax to the Contractors registered office

herein before mentioned or in respect of the Employer, to theSuperintending Engineer, of the Regional Office (Civil) , Ministry of RoadTransport & Highways at Kolkata. Any notice so posted shall be prima-facie proof of serving at the expiration of the time within which in the normalcourse of posting, it would have reached the address to which it was sent.

2.23 MISCELLANEOUS

a. The contract or any interest there under shall not be assignable toany third party by the contractor unless such assignment is mutuallyagreed to in writing by both the Employer and the contractor.

b. No modification to the Contract document shall be binding unless itis in writing and signed by both the parties to the Contract.

c. The terms and conditions in the Bidding document and the bidssubmitted and accepted constitute the entire Contract Agreementbetween the parties. Signed contract agreement shall supersedeprevious communications, representations or agreements either oralor written between the parties with respect to the subject matter ofthe Contract Agreement and no agreement or understanding varying

or extending the Contract Agreement shall be binding on either theEmployer or the Contractor. Contract shall have to be executed in


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writing and signed by duly authorized officers or representatives ofboth the parties.

d. All the provisions of the contract agreement shall be harmoniouslyconstrued. In case of variation between certain points in the Tenderdocument and the attached specifications / requirements for the

inspection and acceptance of the system, the provision contained inContract Agreement shall have and over riding effect.

e. The contract shall be concluded in good faith and shall be keptconfidential by both the contracting parties.

f. The headings of Clauses are for the purposes of reference only andshall have no effect on the meaning or substances of any clause ofthe contract.

g. Any further modifications/improvements in the system desired by theEmployer shall be carried out by the contractor on mutually agreedterms.

h. The contract shall be governed, interpreted and executed according

to the Indian Law.i. The complete tender document comprising page 1 to page 63 forms

the "Accepted Tender" (AT). The authorised signatory of thecontractor i.e. the firm is supposed to initial every page of the ATwith complete signatures at places where the representatives of theEmployer has signed to acknowledge the acceptance of AT withinone week failing which it will deemed as accepted by the contractor.The number of this AT would be quoted in all future correspondence.

j. The joint inspection of the systems shall be carried out by theEmployers inspection team of two technical officers andContractors authorized representative at respective locations inaccordance with the technical requirements for the system. Theinspection facilities in all respect shall be provided by the contractor.

2.24 COMING INTO FORCE

The contract shall come into force with effect from the date of its signingcontract agreement by both the contracting parties. The contractagreement will be operated by the Authorized Representative ofDirector General (Road Development) & Special Secretary, Ministry of

Road Transport & Highways, New Delhi (India) on behalf of thePresident of India.

2.25 Force Majeure

a. Ifeither party is temporarily unable by reason of force majeure orthe laws or regulations of India to meet any of tits obligations underthe contract, and if such party gives to the other party writtennotice of the event within fourteen (14) days after its occurrence,such obligations of the party as it is unable to perform by reason ofthe event shall be suspended for as long as the inability continues.


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b. Neither party shall be liable to the other party for loss or damagesustained by such other party arising form any event referred to inabove mentioned section or delays arising from such event.

c. The term force majeure as employed herein shall mean acts of

God, strikes, lock outs or other industrial disturbances, acts of thepublic enemy, wars, blockades, insurrection riots, epidemics,landslides, earthquakes, storms, lightning, floods, washouts, civildisturbances, explosions, and any other similar events, not withinthe control of either party and which by the exercise of duediligence neither party is able to overcome.

2.26 ADDRESS AND COMMUNICATION

a. All communications to the Employer are to be addressed to theSuperintending Engineer, of the Regional Office (Civil) Ministry

of Road Transport & Highways, Room No.106,1st Floor, CGOComplex, C-Wing, Salt Lake,Kolkata-700 064 (India),

b. All communications to the contractor are to be addressed to

______(to be filled by the contractor at the time of bidding)


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SECTION 3

3.0 General (Commercial and Legal) Conditions of the Contract

3.1 WARRANTY

3.1.1 The Bidder will obtain on-site comprehensive warranty for all suppliedhardware and software from the OEMs and provide a copy to Employer.This warranty, for all equipment, shall remain valid for five years afterthe final acceptance certificate. No separate charges shall be paid forvisit of engineers or attending to faults and repairs or supply of spareparts during warranty period.

3.1.2 For the issuance of final acceptance certificate, the Bidder shall certify

that all the equipment procured under the contract is newlymanufactured and shall have no defect arising out of design, materialsor workmanship or from any act or omission of the Bidder that maydevelop under normal use of the procured equipment in the conditionsprevailing across the country.

3.1.3 If the Contractor, having been notified, fails to rectify the defect(s) withinthe period specified in the agreement, MORT&H may proceed to takesuch remedial action as may be necessary at the Contractors risk andexpenses and without prejudice to any other rights, which MORT&Hmay have against the Bidder under the contract.

3.2 PAYMENT TERMS

3.2.1. Payments will be made in Indian Rupees only

3.2.2 Operation/Staff & Maintenance:

For Data processing at Central Data Center, Staff, operation &maintenance and monitoring for five years along with training

(a) No advance payment.

(b) Payments will be made on quarterly basis within 30 days of

successful compilation of desired reports submitted to the RegionalOffice (Civil),Kolkata .

3.3 PRICES

3.3.1 The rates and prices quoted by the bidder shall be fixed for the durationof the contract and shall not be subjected to any adjustment.


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3.3.2 All duties, taxes, royalties and other levies payable by the contractor underthe contract, or for any other cause (including service tax if any), shall be includedin the rates, prices, and total bid price submitted by the bidder. Statutorydeductions like income tax, service tax etc shall be deducted at source whilemaking the payment.

3.4 EMPLOYERS RIGHTS

3.4.1 The Employer reserves the right to make changes within the scope ofthe Contract Agreement at any point of time.

3.4.2 The Employer reserves the right to accept or reject any bid, and toannul the bidding process and reject all bids, at any time prior to awardof contract without assigning any reason whatsoever and withoutthereby incurring any liability to the affected bidder or bidders on thegrounds of Employers action.

3.5 SUBCONTRACTING BY THE BIDDER

3.5.1 If sub contracting for specialized work, is required, the SuccessfulBidder will take prior permission from MORT&H. Under allcircumstances, the value of works sub-contracted by Successful Biddershould not exceed 25% of the Contract Price. The Bidder is required toprovide the details of the activities that it proposes to subcontract tothird parties as per format given in Section 7.

3.5.2 In any case, the Successful Bidder shall be solely responsible to ensurecompliance of all obligations under the contract.

3.5.3 Changes in a Firm(i) Where the contractor is a partnership Firm, a new partner shall not

be introduced in the Firm except with the previous consent inwriting of the Director General (Road Development) & SpecialSecretary, MORT&H, [DG (RD)&SS], which may be granted onlyupon exception of a written undertaking by the new partner toperform the contract and accept all liabilities incurred by the firmunder the contract prior to the date of such undertaking.

(ii) On the death or retirement of any partner of the contractor firm

before complete performance of the contract, the DG(RD) & SSmay, at the option of the contractor, cancel the contract, and insuch case the contractor shall have no claim whatsoever tocompensation against the Employer.

(iii) If the contract is not determined as provided in sub-clause (ii)above, notwithstanding the retirement of a partner from the Firm,he shall continue to be liable under the contract for acts of the Firmuntil a copy of the public notice given by him under section 32 ofthe Partnership Act has been sent by him to the DG (RD) & SS byregistered post acknowledgement due.


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3.6 STANDARDS GOVERNING THE TENDERWherever applicable, the standards published by following recognizedbodies shall be applicable for equipment to be supplied under thiscontract.(i) Bureau of Indian Standards (BIS)(ii) International Standards

Organisation ( ISO)

3.7 Delays in installation of ATCCs, commissioning of systems atCentral Data Centers and providing technical support / staff / TeamLeader.

Should any of the said system / services / personnel not be executed /provided during the contract period, the Employer shall in respect of anydelays, have the right to claim and deduct from the payments dueaffected by such delay as agreed, liquidated damages in respect ofsuch said system / services / personnel for the sum of 1% of the

Contract price of the unexecuted portion of the anticipated system /services / personnel for each and every week or part of a week subjectto a maximum of 10% of the contract price for delayed system /services / personnel. Only in case of Force Majeure, this clause can becondoned by the Employer.

Should the said delay in respect of execution of the said system /services / personnel exceed two and a half months, the Employer shallhave the right to terminate this contract fully, or in so far as it relates tothe system / services / personnel which are subject matter of suchdelay, by sending written notice to that effect to the Contractor, in whichcase the furnished performance Bank Guarantee will be revoked. .

The Employer is also entitled to cancel the contract either in whole or inpart in case rejected / defective assemblies/parts of the system cannotbe reinstalled / replaced by the Contractor within one month from thedate of its notification, in which case the furnished performance BankGuarantee will be revoked.

3.8 Laws Governing the Contract:

(a) This contract shall be governed by the laws of India for the timebeing in force.(b) Irrespective of the place of installation, the place of performance or

place of payment under the contract, the contract shall be deemedto have been made at the place from which the acceptance of tenderhas been issued.

(c) Jurisdiction of courts: The courts of the place from where theacceptance of tender has been issued shall alone have jurisdictionto decide any dispute arising out of or in respect of the contract.


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3.9 Consequence of breach:

The decision of the DG (RD) & SS, as to any matter or thing concerningor arising out of the contractor or any partner of the contractor firm hascommitted a breach of any of the conditions of the contract, shall be

final and binding on the contractor.

Should the contractor or a partner in the contractor firm commit breachof either of the conditions of the contract, it shall be lawful for the DG(RD) & SS, to cancel the contract and commission or authorize thecommissioning of the ATCCs system to other contractor at the risk andcost of the contractor.

3.11 Right of acceptance of offer

(i) The Employer reserves the right to accept partly or reject any offer

without assigning any reason thereof. The Employer does notpledge itself to accept the lowest or any other tender and reservesto itself the right of acceptance of the whole or any part of thetender or portion of the quantity offered and the contractor shallsupply the same at the rate quoted.

(ii) In respect of enquiries, which call for procurement of more thanone item, the Employer reserves the right to consider and acceptthe offer for any other items in the enquiry reserving the right toutilize the offer for balance items at a later stage within the validityof offer.

3.12 License

The Contractor shall obtain and maintain the necessary license andshall pay at his cost any fees connected therewith, or asked by thecompetent authorities. Failure to obtain and maintain any licenses shallnot be considered as Force Majeure. In case the contractor fails toobtain or maintain the license, or if the licenses are withdrawn, torestore them within 2 months from the date of suchcancellation/withdrawal, the Employer shall have the right to cancel thecontract and the contractor shall forthwith return the amount paid in

advance if any.

3.13 Bankruptcy

If the contractor commits any act of bankruptcy or goes into liquidationor shall commence winding up by reasons of its insolvency or shallmake an assignment for the benefit of creditor or goes into liquidation,this agreement may be terminated wholly or in part by the Employer andamount paid in advance if any received by the contractor shall becomedue to the Employer.


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SECTION 44. SPECIAL CONDITIONS OF THE CONTRACT

4.1 DEFINITION

These conditionsgiven in this Section 4, supplement the Instructions tothe Bidders given in Section 2 & "General (Commercial and Legal)Conditions of the Contract" given in Section 3 and in case of anyconflict, the conditions given herein shall prevail over those in Sections2 and 3.

4.2 EQUIPMENT AND SUPPORTING SOFTWARE

4.2.1 All the equipment / systems to be procured shall conform to the relevanttechnical requirements as mentioned in Section 4, 5 and 6 of thisdocument.

4.2.2 Bidders have to give clause-by-clause compliance to the clausesmentioned in Sections 5 & 6 of this document along with reference todocumentary support, giving the Page / Para number of the document.The clauses for which the compliances are required to be provided bythe Bidders are given in the Section-7.

4.2.3 Software version of the equipment being supplied must be latest & mustbe indicated. All software quoted as part of the solution shall belicensed for unlimited period.

4.3 SITE ACCEPTANCE TESTS (SAT)

The Employer may carry out all the tests detailed in the Acceptance TestSchedule to be furnished by the Contractor to confirm that the performance of thedifferent modules, sub-systems and the entire installation satisfies thespecification requirements. The Employer reserves the right to include any othertests which in his opinion is necessary to ensure that the equipment meets thespecifications. Separate Video of the traffic for a minimum of 2 hours continuouslymay be taken simultaneously with collection of traffic data through the ATCC ateach location and cross-checked before starting of the actual data collection work

at each location once for every seven day and every quarter for longer count.

The Employer reserves the right to ask for modifications/additions to theSite Acceptance Test Procedure at any point of time till the Site Acceptance sign-off for each set of six ATCCs.

Initial one time Site Acceptance Testing:

The contractor shall carry out the one-time Site Acceptance Tests for theequipment / software procured in the presence and supervision of the Employer orits designated agency at the sites identified by the Employer. Contractor, at his

own cost, shall provide the testing equipment / instruments /software/ programs/


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desired staff for 7 days 24 hrs traffic survey necessary for performing anddemonstrating the Site Acceptance Tests.

The Employer or its appointed testing authority shall supervise the tests, asdescribed in the Site Acceptance Test Procedure and performed by the contractorto confirm that the complete solution at site satisfies the technical requirementsincluding the service performance.

The contractor shall rectify all deficiencies immediately, if found, in theperformance of the system as per the requirement during the Site AcceptanceTests, at no cost to Employer.

10 days fault free operation after SAT (Site Acceptance Testing): Any non-conformity observed during this period shall be attended to by the contractor atthe topmost priority. In case, the installed systems fail to perform at theperformance levels as specified, penalty as applicable shall be levied in case thecontractor is not able to provide an acceptable and workable solution to Employer.

Once all the tests and 10 days fault free operation are completedsuccessfully, to the satisfaction of the Employer and the required onsite trainingfor the Contractors personnel is successfully completed, the appointed testingauthority and/or the MORT&Hs officer shall provide the Site Acceptance Sign-off.Only after this sign-off, regular traffic counts shall start.

Any components or modules failing during the acceptance tests shall bereplaced free of cost by the Contractor. This shall also not entitle the contractor toany extension of completion time.

The cost of all test and / or analysis shall be fully borne by the contractor.Material put up for inspection shall be those to be supplied and in quantities laid

down in the Schedule of Quantities. Any variation shall require the prior approvalof the Employer before the material is manufactured/ offered for inspection.

The Employer shall inspect and test the work at all stages and shall havefull powers to reject all or any work that may be considered defective or inferior inquality or material of poor workmanship or design. The Contractor shall carry outany additional tests at his cost as are necessary in the opinion of the Employer toensure that the specifications of the Contract are being complied with.

All material brought to site shall be permitted to be erected only after initialinspection / acceptance by the Employer.

The completed installation at all stages shall be subjected to checks andtests as decided by Employer. The contractor shall be liable to remedy all of suchdefects as discovered during these checks and tests and make good alldeficiencies brought out.

The contractor shall advise the Employer at least 15 days in advance forinspection when new equipment or a portion of the work is offered for inspection.The Employer shall carry out inspection upon receipt of such advice .

Even after inspection by the Employer as indicated above, the Contractorshall be liable for rectification of any defects observed during the course ofinstallation or in use at his own cost.


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4 .4 PERFORMANCE AND SPARES

Contractor shall maintain sufficient spares for the equipment procuredby him for the satisfactory performance of the Contract.

4 .5 DEVIATIONS

The Bidder shall clearly specify deviations from the clauses of thetender, if any, in the format given in Section-7.

4.6 INSURANCE

4.6.1 All insurances (e.g. all risk insurance including transit, fire, theft etc.,third party insurance, workmens compensation insurance etc.) are the

responsibility of the Bidder. The equipment procured by the Contractorunder the contract shall be fully insured by the Bidder against any kindof loss or damage incidental to manufacture or acquisition,transportation, storage, delivery and installation. The period ofinsurance shall be from the date of commissioning ofproducts/equipment at each site till the completion of contract period.

4.6.2 The contractor shall cause all its workmen and the workmen of any subcontractors of the Contractor to be covered by workmen's compensationinsurance in accordance with applicable laws. The contractor agreesthat the Employer shall not be liable for any damages or compensation

payable to any workman or other person in the employment of theContractor.

4.6.3 The Contractor hereby undertakes:

(a) adequate all-risks insurance in respect of all the equipment and(b) any additional insurance required by law in respect of the Contract

Works and the performance thereof by the Contractor, including inrespect of motor vehicles used by the Contractor in relationthereto.

(c) any other insurance sufficient to provide adequate coverage forthose types of risk which are reasonably foreseeable in the

performance of the Contract Works.

4.7 TECHNICAL SUPPORT FROM THE OEM

The bidder shall submit the confirmation from the OEMs of theequipment, indicating the technical compliance and product support for5 years from the final acceptance certificate.


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4.8 Arbitration

(a) In the event of any question, dispute or difference arising undergeneral conditions or special conditions of contract, or in connectionwith this contract (except as to any matters the decision of which is

specially provided for by the general or the special conditions), thesame shall be referred to the sole arbitrator, an officer to beappointed the arbitrator by the DG(RD) & SS . It will be not beobjectionable if the arbitrator is a Government Servant or that he hadto deal with the matters to which the contract relates or that in thecourse of his duties as a Government servant he has expressedviews on all or any of the matters in dispute or difference. The'Award' of the arbitrator shall be final and binding on the parties tothis contract.

(b) In the event of the Arbitrators dying, neglecting or refusing to act orresign or being unable to act for any reason, or his Award being set

aside by the Court for any reason, it shall be lawful for the DG(RD) &SS to appoint another arbitrator in place of the outgoing arbitrator inthe manner aforesaid.

(c) It is further a term of this contract that no person, other than theperson appointed by the DG(RD) & SS as aforesaid, should act asarbitrator and that, if for any reason that is not possible, the matter isnot to be referred to Arbitration at all.

(d) The arbitrator may, from time to time with the consent of all theparties to the contract, extend the time for making the Award.

(e) Upon every and any such reference, the assessment of the costsincidental to the reference and Award, respectively, shall be at thediscretion of the arbitrator.

(f) Subject as aforesaid, the Arbitration Act, 1996 as amended and therules there under and any statutory modification thereof for the timebeing in force shall be deemed to apply to the Arbitrationproceedings under this clause.

(g) If the value of the claim in a reference exceeds Rs. 1 lakh, thearbitrator shall give reasoned Award.

(h) The venue of arbitration shall be the place from which formalAcceptance of Tender is issued or such other place as the DG(RD)& SS at his discretion may determine.


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Section 5

5. SCOPE OF WORK

i) Procurement, Installation, Commissioning, Operation & Maintenance

for five years of a system of six portable Automatic Traffic Counter-cum-Classifiers (ATCCs) for collection of Traffic Data from various identifiedlocations on identified single/intermediate/2/4/6 lane National Highwaysin the States of N.E states, WB, Orissa, Bihar, Jharkhand andChhattisgarh in India with data processing unit at Central Data Center(CDC) at Zonal Headquarters at Kolkata including Technical supportsystem / staff / Team Leader for data collection, data processing,analysis, monthly reporting / uploading on the Web the traffic data,provision of an authorized / General user interface for assessing theinformation through World Wide Web (www), and software upgradationetc.

*The ATCC and CDCs system shall be capable of collecting real timetraffic data, data storage in a secured database, data transmission fromATCC to CDCs and the Employer by suitable / reliable latest technologysuch as GSM (Global System for Mobile Communications) / GPRS(General Packet Radio Service), landline modem, CDMA (CodeDivision Multiple Access)

5.1 INSTALLATION PRACTICE AND METHOD OF WORK

5.1.1 The work shall be executed to the highest standards using scheduledquality material. The system design shall use state-of-the arttechniques/tools. The contractor shall ensure that the entirespecification is complied with. It shall be the responsibility of thecontractor to demonstrate compliance of technical as well as functionalspecifications. Meeting individual requirements shall not be deemed asmeeting the overall efficient functioning of the total system

5.1.2 The completed installation shall be subject to checks at all stages andtests as prescribed in the bid or as deemed necessary by the Employer.The same shall be done by the Employer and the contractor shall be

liable to rectify such defects as brought out by the Employer duringthese checks and tests and make good all deficiencies at his own cost.

5.2 OPERATIONThe ATCC system shall store the data and transfer it every hour to theCDC and the Employer in case communication link is available at thelocation; otherwise the transfer shall be effected every week throughnearby networks. The design and structure of the database shall besubmitted to the Employer for approval prior to the final developmentthereof.


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5.2.1 The reporting shall consist of the following:(i) Position & status of the logger and in the event of failure, the time /

duration of the failure.(ii) Hourly traffic reports by count, class and direction.

(iii) Daily summary reports.(iv) Weekly summary reports.

In addition,(v) Monthly summary reports.(vi) Quarterly Summary Reports(vii) Annual Summary Reports (every January for the previous calendar

year)shall also be provided by the Contractor within a fortnight.

5.2.2 Only Employer and the authorized representative will have the authority

to see, print & study the reports. Contractor will provide the accesscontrolled facility for the authorized representatives of the Employer.

5.2.3 Any modifications in the desired report shall be carried out by thecontractor after written instructions from the Employer

5.3 OPERATION & MAINTENANCE OF THE INSTALLED EQUIPMENT

5.3.1 The contractor will be required to operate & maintain the installedsystems during the contract period.

5.3.2 The Contractor shall obtain a guarantee from the manufacturer thatspare parts for the system shall be available for the contract period. Atleast six months notice shall be given to the Employer before anyequipment or components are to be discontinued or phased out fromthe manufacturing plans. This will enable MORT&H / Contractor toassess the requirement of spares needed and order in sufficientquantity prior to stoppage of the manufacture.

5.4 PREVENTIVE AND CORRECTIVE MAINTENANCE DURINGWARRANTY

5.4.1 During the period of OPERATION & MAINTENANCE, theCONTRACTOR shall inter alia:

(a) Diagnose and rectify the equipment and configuration faults(b) Repair and replace the faulty equipment or part thereof(c) Carry out the periodic preventive maintenance. This also includes

periodic calibration of the sensors / other measuring devices.(d) Ensure commitments as per following Service Level Requirements:


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d.1 Unscheduled Downtime penalties for the faultsattributable to the Contractor:

(a) Unscheduled downtime is defined as the period of time forwhich the traffic data will not be collected and recorded.

(b) Up to first 5 hours total unscheduled downtime in a month perunit, the penalties shall be as below:

i. Rs. 5/- per minute for first 30 minutes unscheduleddowntime in a day per unit

ii. Rs. 10/- per minute from 31st minutes onwardsunscheduled downtime in a day per unit

iii. Unscheduled downtime more than 60 minutes in a dayshall be treated as non-performance under thecontract. Three Days continued non-performance in

such manner may lead to termination of the contract byEmployer by giving a notice of 30 days to thecontractor.

(c) Rs. 1000/- per hour from 6th hour onwards unscheduleddowntime in a month. Unscheduled downtime more than 10hrs in a month per unit shall be treated as non-performanceunder the contract. Three Months continued non-performance in such manner may lead to termination of thecontract by Employer by giving a notice of 30 days to thecontractor.

5.4.2 The CONTRACTOR shall prepare the schedule of preventivemaintenance for each quarter and shall submit the same to theEmployer in advance.

5.4.3 The CONTRACTOR shall be solely responsible for the maintenance,repair of the whole system integrated and Employer shall not be liableto interact with any of the partners/ collaborators or subcontractors ofthe CONTRACTOR.

5.5 DOCUMENTATION

5.5.1 Documents on design of the system, functional design specifications,installation drawings for all equipment, details of fault diagnostics,Operating and Maintenance manuals, SAT reports of all equipmentshall be submitted by the Contractor.

5.5.2 The contactor shall supply the following sets of documents. Alldocuments shall be in English language. An index of all hand books,drawing etc. shall be available with each set.a. Installation manual

b. Equipment layout drawingsc. Cabling and wiring diagrams


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d. Overall system specification and description of hardware, software,explaining facilities, functions & principles

e. Equipment installation drawingsf. Installation instructions and testing proceduresg. Fault location/trouble shooting instructions incl. Fault Dictionary

h. Operation Manuali. Acceptance testing schedules j. Emergency action procedure

5.5.3 The documents required for installation and those required for operationand maintenance shall be supplied in separate sets. Twosets of eachshall be supplied for each unit.

5.6 TRAINING TO EMPLOYERS PERSONNEL

5.6.1 The contractor shall arrange for an onsite and at Head Quarters trainingof at least Four (4) of Employers personnel. Hands-on operational anddiagnostic training in all aspects of software and hardware shall becovered in the training. The training shall be imparted free of cost for theTrainees whose TA/DA upto (and including) the zonal Headquarters atKolkata only will be met by the Employer.

5.6.2 Training shall be for two days duration each at site and at HeadQuarters, the contents of which shall be finalized in consultation with theEmployer.

5.7 ANALYSIS

5.7.1 The Contractor shall analyze the collected traffic data as per therequirement of the Employer for Hourly, daily, weekly, monthly andyearly traffic variation with pictorial diagrams/graphs for all types ofvehicles to determine, but not be limited to, the following:

i. Monthly traffic composition

ii. Traffic pattern in urban / rural locations

iii. Seasonal traffic variation factors

iv. Growth factors

v. Trend analysis

vi. Forecasting

vii. Peak hour and lean hour analysis and factors

viii. Modal shift

5.7.2 The Contractor shall perform any other analysis of collected traffic dataas per the requirement of Employer for which no additional cost shall be

payable.


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Section 6

TECHNICAL REQUIRMENTS

All equipment shall have built-in or have complete protection devices.

6.1 ATCC SYSTEM

The Automatic Traffic Counting & Classification system is proposed tobe installed on section of single/intermediate/2/4/6 lane NationalHighways at identified locations with the objective of carrying out trafficstudy and survey to enable the Ministry of Road Transport & Highways

to collect vehicle count data by classes.

6.1.1 GENERAL REQUIREMENT

a) The ATCC system shall classify the vehicles as defined in IRC:3-1983 and IRC:9-1972. Further calibration of the instrument / systemcan be done in consultation with Employer. Slow moving/under sizedvehicles which may not be able to be identified by the ATCCs due tolimitation of technology shall be counted & classified manually forseven days at each location and shall be included in the traffic data

being reported. The contractor under discussion with Employer shallplan such manual count. The approval of Employer shall be obtainedin writing before starting manual count and including it in the trafficdata at Central Data Centres.

b) This information of nos of categorised vehicle shall be stored in asecured database and further transmitted to the central data centresby using any of the available communication mode at site like GSM(Global System for Mobile Communications) / GPRS (GeneralPacket Radio Service), landline modem, CDMA (Code DivisionMultiple Access) or any other links depending upon the effective andeconomic operation of the particular mode available at the site.

c) The system should be able to work as true Multi-lane free flowoperation in which the Lane crossing classification should be possibletogether with simultaneous passages. The system should be capable ofrecognising the flow of traffic in either direction.

d) Vehicles that change the lanes while passing across the ATCCs,shall be detected and classified as accurate as vehicles.

e) Vehicles passing at the same time side by side shall be separatelydetected and classified.

f) Trailers with the shafts shall be detected and classified as onevehicle and not classified and counted as separate vehicles.

g) The system shall be electric/ solar power operated depending uponthe availability of source.


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h) The design and installation of ATCCs should be such that nomanpower shall be required at ATCC locations.

6.1.2 TECHNICAL REQUIREMENT

6.1.2.1 Performance RequirementThe system shall be capable of the following performance criteria:(i) Counting the traffic to an accuracy of 95% of actual traffic .(ii) Classifying traffic to the specified classes with the accuracy of 95%.(iii) Operating speed of vehicles shall be of upto 160 kmph.

(iv) Operating temperature shall be -10o C to +55o C(v) Sufficient stand alone storage for each device for 15 days of traffic

data.(vi) Each ATCC should have a unique local address that shall allow for

remote access.(vii)The software shall enable full remote and local status monitoring of

the following functions.(a) Power status(b) Sensor status(c) Memory status

(viii) The system shall be capable of operating using mains and batterypower. Batteries shall have sufficient capacity to operate the systemfor a period of not less than 7 days without recharging. Batteriesshall be fitted with a solar recharging device also that would enablethe batteries to support the system indefinitely in average daylightconditions.

(ix) The Road-side unit shall be lockable stainless steel cabinet andshall comply with IP 65 standards.

6.1.2.2 ATCC Reporting Requirements

It is a requirement that the ATCC system shall be capable of providingdata and reports on a regular, usually hourly, daily and weekly basis, byremote log in by the Employer / MORT&H. The ATCC and CDC systemshall be capable of collecting real time traffic data, data storage in asecured database, immediate data transmission from ATCC to CDC bysuitable / reliable latest technology viz GSM (Global System for Mobile

Communications) / GPRS (General Packet Radio Service), landlinemodem, CDMA (Code Division Multiple Access) or any other links, ifavailable at the location. The ATCC system shall validate process, storeand transfer the processed data at least every hour. The design andstructure of the data base shall be submitted to the MORT&H forapproval prior to the final development thereof.

In case there is no communication link available at the location, theseven day data shall be transmitted to CDC within 48 hours ofcompleting the seven day count.

The reporting shall consist of the following:


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(i) Position and status of the ATCC and in the event of failure the timeof the failure.

(ii) Hourly traffic reports by number, class and direction.(iii) Daily/ weekly/ monthly / quarterly / annual summary of the above

hourly reports.


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Section 7

7.0 FORMATS TO BE USED FOR SUBMISSION OF PROPOSAL

7.1 FINANCIAL PROPOSAL SUBMISSION FORM __________ (Location)

__________ (Date)

From ToThe Regional Officer (Civil)Ministry of Road Transport & Highways

Room No.106,1st Floor, C.G.O.Complex,C-Wing,DF Block,Salt Lake,Kolkata-700 064

Subject: Procurement, Installation, Commissioning, Operation & Maintenance for five years

of a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal,Orissa,Bihar,Jharkhand and Chhattisgarh in India with data processingunit at Central Data Centers (CDC) at Zonal Head Quarters at Kolkata including Technicalsupport system/staff for data processing, data collection, analysis, monthly reportpublication of traffic data, provision of an authorized/General user interface for assessingthe information through World Wide Web (www), and software upgradation etc

Ref.:NIT NO. RW/KOL/ATCC/1/2010-11

Dear Sir/Madam

We, the undersigned, offer to provide the services as required in the above referenced tender andour Proposal (Pre-Qualification, Technical and Financial). Our attached financial proposal forProcurement, Installation, Commissioning, Operation & Maintenance for five years of a system ofPortable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identified locations on identifiedsingle/intermediate/2/4/6 lane National Highways in the States of N.E. States, WestBengal,Orissa,Bihar,Jharkhand and Chhatisgarh in India with data processing unit at Central DataCenters (CDC) atZonal Head Quarters at Kolkata including Technical support system/staff for dataprocessing, data collection, analysis, monthly report publication of traffic data, provision of anauthorized/General user interface for assessing the information through World Wide Web (www),and software upgradation etc. is INR______________ (Amount in words) for a set of six portable units. This amount is inclusive of all taxes, duties etc.

Our Proposal is binding upon us and subject to the modifications resulting from contractnegotiations, up to expiration of the validity period of the Proposal.

We undertake that, in competing for (and, if the award is made to us, in executing) the abovecontract, we will strictly observe the laws against fraud and corruption in force in India namely"Prevention of Corruption Act 1988".

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized signatory:Name and title of Signatory:Name of Firm:Address:

Encl. Detailed Break up of Cost.


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Detailed Break up of Cost for Procurement, Installation, Commissioning, Operation &Maintenance for five years of a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identified locations on identified single/intermediate/2/4/6 laneNational Highways in the States of N.E. States, West Bengal,Orissa,Bihar,Jharkhand andChhatisgarh in India with data processing unit at Central Data Centers (CDC) at Zonal HeadQuarters at Kolkata including Technical support system/staff for data processing, data

collection, analysis, monthly report publication of traffic data, provision of anauthorized/General user interface for assessing the information through World Wide Web(www), and software upgradation etc

PART - I:

1. Procurement of equipmentSl.No Item Description Unit Qty. Unit Rate

Indian National Rupee(INR)

Amount(INR)

01 System Design LS

02 Automatic Traffic Counter cum

Classifiers (ATCCs)

Portable

units foruse at

differentlocations

Six

03 Control Data Centre equipmentincluding Database Servers at zonalHeadquarters

1

04 Any other item not mentioned abovebut required to meet the statedperformance requirements (bidder tofurnish full details and justification)

Total Amount (INR)

Total Amount in Words :

Note: The quantities mentioned above are indicative only. MORT&H reserves the right tochange the quantities.

2. Installation, Testing, Commissioning, Documentation and Training.Particulars Total no of

unitsTotal cost (INR)

Installation & TestingOn siteAt CDC

61

Commissioning

On siteAt CDCs

61

Documentation LSTraining LS

Total Amount (INR)Total Amount in Words:

3. Details of any other items considered necessary by the bidder for ATCC system.

Particulars Unit Price Qty Total cost (INR)

4. Discounts, if any: INR.


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Part II

1. Operation & Maintenance, Technical support system/staff for data processing, data cotraffic data, provision of an authorized/General user interface for accessing the informationupgradation etc.

Charges (IN1st Year 2nd Year 3rd Year Particulars

Annual Monthly Annual Monthly Annual Mon

Operation & Maintenance[including relocating atdifferent locations - 105locations within the Zone perannum (for 100 seven daycounts and 5 long duration

counts)]

Technical support/staff fordata processing, datacollection, analysis

Team Leader

Oth rse

Submission to the Employerof monthly report of trafficdata in the format approvedby Employer (Hard copy &Soft Copy 1 per East Zone+2 more for MORT&H)Submission to the Employerof annual report of traffic datain the format approved byEmployer (Hard copy & SoftCopy 2 per East Zone + 6


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more for MORT&H)

Software upgradationAny other items notmentioned above

Total year wise Amount a1 b1 a2 b2 a3 b3 Total amount for five years[a1+a2+a3+a4+a5+12x(b1+b2+b3+b4+b5)]

In Words Rupe

* The amounts intended to be incurred annually shall be filled in Annual Column and the amounMonthly Column. The duplication of cost in Annual and Monthly columns shall not be done.

2. Discounts, if any: INR

GRAND TOTAL AMOUNT:[(1+2+3) of Part I + 1 of Part II (4 of Part I + 2 of Part II)] = INR


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PRE-QUALIFICATION PROPOSAL SUBMISSION FORM

__________ (Location) __________ (Date)

From To

The Regional Officer (Civil)Ministry of Road Transport & Highways


Subject: Procurement, Installation, Commissioning, Operation & Maintenance for five yearsof a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal,Orissa,Bihar,Jharkhand and Chhatisgarh in India with data processingunit at Central Data Centers (CDC) at Zonal Head Quarters at Kolkata including Technical

support system/staff for data processing, data collection, analysis, monthly reportpublication of traffic data, provision of an authorized/General user interface for assessingthe information through World Wide Web (www), and software upgradation etc

Ref.: NIT NO. RW/KOL/ATCC/1/2010-11

Dear Sir/Madam,

We, the undersigned, confirm that we meet all the pre-qualification criteria listed in the biddocument.

We are submitting the following documents for our eligibility for the above assignment.

Form PQ-1,Form PQ-2,Form PQ-3Form PQ-4Annexure 1Annexure 2

Our Proposal is binding upon us and subject to the modifications resulting from contractnegotiations, up to expiration of the validity period of the Proposal

We undertake that, in competing for (and, if the award is made to us, in executing) the abovecontract, we will strictly observe the laws against fraud and corruption in force in India namely"Prevention of Corruption Act 1988". We understand you are not bound to accept any Proposal youreceive.

Yours sincerely,(Signature of the Authorized signatory):Name and Designation of the Authorized signatory:Name and Address of Firm:Phone, Fax & E-MailSeal:

page 38 of 63


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Form: PQ-1BIDDERS ANNUAL TURNOVER

Proof for clause 2.17.1 (i)__________ (Location) __________ (Date)



Subject: Procurement, Installation, Commissioning, Operation & Maintenance for five yearsof a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal,Orissa,Bihar,Jharkhand and Chhatisgarh in India with data processing

unit at Central Data Centers (CDC) at Zonal Head Quarters at Kolkata including Technicalsupport system/staff for data processing, data collection, analysis, monthly reportpublication of traffic data, provision of an authorized/General user interface for assessingthe information through World Wide Web (www), and software upgradation etc


Dear Sir/Madam,

We hereby certify that the average annual turnover of M/s. _________________ (name of thebidder) is not less than Rs.30 Million (Rupees Thirty Million) per year during the last three financialyears.

Year(2007-2008)

Year(2008-2009)

Year(2009-2010)

Sl.No.

Firm

Amount Amount Amount

1

If the audited figures for 2009-010 is available the same may be provided in lieu of 2007-08.

Yours Sincerely,

(Signature of Statutory Auditor)Name of the Statutory Auditor:Name of the Statutory Auditor Firm:Seal:

Important Notes: The above data should relate only to the Bidder /JV who has submitted thetender. Data relating to sister companies, group companies, parent company, subsidiarycompanies shall not be considered.

page 39 of 63


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Form: PQ-2SIMILAR WORK EXPERIENCE

Declaration for clause 2.17.1 (ii)__________ (Location) __________ (Date



Subject: Procurement, Installation, Commissioning, Operation & Maintenance for five yearsof a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal, Orissa, Bihar, Jharkhand and Chhattisgarh in India with data

processing unit at Central Data Centers (CDC) at Zonal Head Quarters at Kolkata includingTechnical support system/staff for data processing, data collection, analysis, monthlyreport publication of traffic data, provision of an authorized/General user interface forassessing the information through World Wide Web (www), and software upgradation etc


1. We hereby declare and confirm that we, ____________ (Name of the Bidder), having registered office at_______________ (address) have successfully executed the following qualifying works in the last 10 years.We are providing the details below: (Note: add rows as required).

Whether thesuccessful completion

certificate as required,is attached?

Whether the copies of thepurchase orders / contracts

from the client as required, isattached?

Sl.No.

Name of theclient

organization

PurchaseOrder

(P.O) No.& Date ofissue of

P.O.

ProjectValue

BriefScope of

Work

Yes/No Pg. No. onthe

Proposal

Yes/No Pg. No. on theProposal

Yours Sincerely,(Signature of Authorized Signatory)Name and Designation of the Authorized Signatory:Name and address of the Bidder Company:

Seal:

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Form: PQ-3SUBCONTRACT DECLARATION & REQUEST FORM

Declaration for clause 3.5__________ (Location) __________ (Date)

From To

The Regional Officer (Civil)Ministry of Road Transport & Highways


Subject: Procurement Installation, Commissioning, Operation & Maintenance for five yearsof a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identifiedlocations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal,Orissa,Bihar,Jharkhand and Chhatisgarh in India with data processingunit at Central Data Centers (CDC) at Zonal Head Quarters at Koklata including Technicalsupport system/staff for data processing, data collection, analysis, monthly report

publication of traffic data, provision of an authorized/General user interface for assessingthe information through World Wide Web (www), and software upgradation etc


1. We hereby declare and confirm that we, ____________ (Name of the Bidder), havingregistered office at _______________ (address), undertake that the following servicestowards this tender will not be sub-contracted and will be executed only by the employeesof our Company who are on our payrolls.

a. Design of deployment of ATCC equipmentb. Installation and Commissioning of ATCC.c. Site Acceptance Tests,

d. Trainings and Handover,e. Project Management.

2. We are intending to subcontract the following works to the respective subcontractors asfound in the table below. We submit the same for your approval.

Sl.No.

Name ofSubcontracted

Service

Details ofthe

Subcontract work

Brief Profile ofthe

Subcontractorproposed

Sub-Contractor

Name,Address and

ContactNumbers

Value of thesubcontracted

work.

3. We also undertake that under all circumstances, the value of the works sub-contracted byus will not exceed 25% of the contract price.

Yours Sincerely,

(Signature of Authorized Signatory)Name and Designation of the Authorized Signatory:Name and address of the Bidder Company:Seal:

page 41 of 63


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Form: PQ-4

TECHNICAL SUPPORT FROM OEMProof for clause 4.7

__________ (Location)

__________ (Date)



Subject: Procurement, Installation, Commissioning, Operation & Maintenance for five yearsof a system of Portable Automatic Traffic Counter-cum-Classifiers (ATCCs) at identified

locations on identified single/intermediate/2/4/6 lane National Highways in the States of N.E.States, West Bengal,Orissa,Bihar,Jharkhand and Chhatisgarh in India with data processingunit at Central Data Centers (CDC) at Zonal Head Quarters at Kolkata including Technicalsupport system/staff for data processing, data collection, analysis, monthly reportpublication of traffic data, provision of an authorized/General user interface for assessing