bharat heavy electricals limitedpage 1 of 28 bharat heavy electricals limited (a govt. of india...

of 28

BHARAT HEAVY ELECTRICALS LIMITED (A Govt. of India Public Sector Undertaking)

JHANSI, (Materials Management Deptt) PO- BHEL, JHANSI-284129, INDIA

Telephone: (0091) (0120) 2515479 FAX: 0091-120 2515464 & 2515476

0517-2412286/2412260; Fax:0517-241212 E-mail [email protected] / [email protected]

Ref: PUR/WC/T/066 Dated 10.01.2004

To Sub: TENDER ENQUIRY FOR ALL INDIA ROAD TRANSPORTATION RATE CONTRACT BY TRUCKS. Ref: Tender Enquiry No. PUR/WC/T/066: Due on 10.02.2004 Dear Sirs, Please find enclosed herewith our tender enquiry under 2-part bid system for All India Rate Contract for Road Transportation of consignments by TRUCKS, comprising the following documents (total 40 pages): 1.General & Commercial Terms & Conditions of tender (26 pages) 2.Checklist for offer for evaluation Annexure-'A' (1 page) forming Part-I Techno-Commercial Bid 3.Schedule of Rates Part-II Price Bid Annexure-'B' (1 page) 4.Proforma for Banker's Certificate Annexure-'C' (1 page) 5.Statement for Evaluation Annexure-'D' (1 page) 6.Various other related information for compliance during Annexure-E1, E2, E3, tender submission and after award of contract. E4, E4A, E5, E5A &

E6 (8 pages) Sealed Tenders are invited for the transportation work as per enclosed terms & conditions & annexures. The tender should be received by the undersigned or should be dropped at BHEL, Jhansi Administrative Building Gate tender box upto 1315 Hrs on 10.02.2004 The Part-1 Techno-Commercial bid shall be opened on 10.02.2004 at 1400 hrs. Thanking you, Yours faithfully, ( M U Qureshi ) Dy. General Manager (MM)

mailto:[email protected]


of 28

Enquiry No. PUR/WC/T/066 INDEX

(General & Commercial Terms & conditions of the Tender) Title of the Clause Para No. Page No. Invitation for enquiry - 1 Index - 2 Scope of work 1.1 3 Important Precautions to be taken by the Tenderers 2 3 Documents to be submitted alongwith the offer 3 4 Eligibility Criteria 5 4 Tender Submission 6 6 Contract Agreement 13 8 Timely placement of Trucks for all incoming & outgoing consignments. 14 8 Mode of dispatch & payment of freight 15 9 Transhipment 19 9 Protection/Safety of Consignment during transit 20 10 Safe custody 21 11 Transit Insurance 22 11 Open Delivery Certificate 23 11 Indemnity 24 11 Extension & Termination of Contract 25 12 Despatch documents 26 12 Submission of Excise Duty Gate Pass. 27 12 Prohibition of subletting 28 13 Escorts 29 13 Octroi Exemption Certificate 30 13 Route Permit/National Permit/Clearance 31 13 BHEL reserves the right 32 13 Arbitration 33 14 Consignment weight 35 14 Number of transporters in the rate contract 36 14 Offer validity 37 14 Earnest Money Deposit 40 14 Category of Loads 43 15 Specifications for different type of truck loads, payment of ODC, 44 16 door delivery, collection & other charges Business Volume 45 18 Procedure for contract finalization & selection of transporters 46 18 Despatch preference 47 20 Transporter Performance Evaluation System & Load Distribution in Roster 48 20 Security Deposit 50 22 Freight Escalation 51 23 Placement & lifting 54 24 Detention charges 55 25 Payment on Volumetric Basis 56 25 Transit period & penalty for delay in delivery 57 25 Route & Distance 58 26 Despatches between Units/regions of BHEL 59 26 Demurrage 60 27 Lifting of consignment 61 27 Other requirements 62 27 Various Annexures - 29 to 40

of 28

BHARAT HEAVY ELECTRICALS LIMITED (A Govt. of India Public Sector Undertaking)

JHANSI, (Materials Management Deptt) PO- BHEL, JHANSI-284129, INDIA

Telephone: (0091) (0120) 2515479 FAX: 0091-120 2515464 & 2515476

0517-2412286/2412260; Fax:0517-241212 E-mail [email protected] / [email protected]

TENDER DOCUMENT FOR ALL INDIA RATE CONTRACT

FOR ROAD TRANSPORTATION BY TRUCKS

Tender Enquiry No. PUR/WC/T/066 Due on 10.02.2004

GENERAL & COMMERCIAL TERMS & CONDITIONS OF THE TENDER 1 Sealed tenders under 2-part bid system are invited from reputed All India Road

Transport Contractors approved by Indian Bankers Association (IBA) for entering into rate contract for transportation of consignments by trucks as per the Scope of Work at para 1.1.

1.1 Scope of Work - This contract will cover transportation of consignments such as raw materials, components, fittings, items, scrap, spares, transformer oil, steel, copper, aluminium, hardwares, coal, cement, gases, chemicals, sundries, plant & machinery, BHEL products and any other item in trucks, open body trucks, mini-trucks/vans from various places all over India to BHEL Jhansi and vice versa and from places Anywhere to Anywhere in whole India. The scope of work includes Ports, BHEL Customer Sites, SAIL Stockyards, all BHEL Units, Northeastern States and all hilly/mountainous areas in India.

2. Important Precautions to be taken by the Tenderers:

a) All the clauses of the tender conditions shall be read thoroughly and well understood before tender is submitted. b) Tenderers to ensure avoiding errors and take utmost care to ensure that their tenders are not discarded due to incomplete bid submission. c) Non-compliance with any of the tender conditions set forth thereon and incomplete tenders will be liable for rejection. d) Tenders are required to be submitted strictly as per the clauses cited in the tender document. All statements to be substantiated with documentary evidence of the same in the name of tenderer/firm only. Enclosures to be submitted should be orderly placed, serially numbered and properly secured/bound, leaving no loose sheets strictly as per sequence under Annexure-A (ENCLOSURES TO THE OFFER FOR EVALUATION). Techno-Commercial bid (Part-I) should preferably be submitted in a bound volume with sufficient margin left on left-hand side for keeping in our tender file. e) The offers shall be submitted under two-part bid system (see Clause 6 namely the Techno-Commercial bid (Part-I) and Price bid (Part-II) f) Date of 'Price bid opening' shall be intimated to those tenderers whose techno-commercial bid is found to be meeting the requirements for our tender. Price bid of other tenderers found not meeting our tender



of 28

requirements shall not be opened. g) In case the tenderer is a Partnership firm under Partnership Act the tender

must be signed by all the partners of the firm or by the Managing Partner who has powers to do so or by a person holding the power of attorney on behalf of Partnership firm. In case of single proprietorship, the sole proprietor must sign all the tender documents submitted. For Private Limited Companies or Public Limited Companies, the tender should be signed by Managing Director/Director of the company or a person authorized by them. Tenderers may put their signature on bottom side on each page of ‘General Terms & Conditions of the Tender’ as a token of acceptance of all the terms & conditions.

3. Documents to be submitted alongwith the offer:-

The following annexures should be attached with the tender documents forming part for submission in totality but not limited to: i) ENCLOSURES TO THE OFFER FOR EVALUATION (forming Part-1

of Techno-Commercial bid), Annexure 'A'. ii) SCHEDULE OF RATES (i.e. Price bid forming Part-II of bid to be

submitted in separate sealed envelope), Annexure 'B'. Blank price bid (after erasing quoted rates) shall also be kept in part-I of the tender.

iii) Proforma of Banker's Certificate to be obtained on Bank's Letterhead, Annexure 'C'

iv) STATEMENT FOR EVALUATION (forming part of Techno-Commercial bid (Part-I) Annexure, 'D'

v) Self-certification affidavit cum agreement, executed on a non-judicial stamp paper of Rs. 50/- Annexure 'E-1'

vi) Prescribed Proforma 'Company profile of the transporters', Annexure 'E-2' vii) Prescribed Proforma for RTO authentication of registration particulars of

vehicles furnished to meet qualifying criteria, Annexure'E-3' viii) Earnest Money Deposit (EMD) of Rs 1,00,000/- (Rupees One lakh only)

as per clause 40 of this tender. ix) All the required documents to prove eligibility criteria as per para 5(a) to

5(n) should be submitted. x) All bidders should also confirm that after award of the contract, BHEL

specific LR/CN format as per annexure E-4, E-4A, Freight bill proforma as per annexure E-5 & E-5A and proforma for notice of damage/shortage/discrepancy on delivery of consignments as per annexure E-6 shall be followed.

4. Experience:

Transporters submitting their offer against this tender must provide experience list of consignments transported by trucks during last 3 years as detailed at Sl.No.12 of Annexure A.

5. ELIGIBILITY CRITERIA: The tenderer shall ensure to comply with the following qualifying techno-commercial requirement:- (a) Ownership of a fleet of minimum 15 trucks(9 MT normal/big size trucks

including open body but excluding mini-trucks/vans) registered in their own name and duly substantiated by submitting original RTO

of 28

authenticated documents showing vehicle no., owner's name, type of vehicle, carrying capacity of vehicle, year of manufacturing as per the proforma at Annexure 'E-3' alongwith Part-I bid. These RTO certificates should not be older than 3 months from the date of publication of tender notice in the press. Photocopies of R.C. Books shall not be acceptable. All applicable Taxes should be paid on these minimum 15 trucks & details furnished as per Annexure 'D'.

(b) Average turnover(business from transportation work) for last 3 years i.e. 2000-01, 2001-02 & 2002-03 shall be Rs 50 lakhs minimum. Audited Annual Report in case of limited Companies and for others copy of balance sheet submitted to Income Tax authorities or bankers certificate shall be submitted to prove average turnover.

( c) If tenderer is found eligible for awarding rate contract, then original registration certificates of the trucks quoted for eligibility shall be presented for verification within 90 days of the award of the contract. Business loading shall be subject to compliance of this.

(d) Should have been IBA (Indian Bankers Association ) approved on or earlier to tender due date and IBA approval shall remain valid / got revalidated 6 months from the contract expiry date.

(e) Should not have been blacklisted and/or suspended from business by any BHEL Unit/region continuously for one year or more. The transporters whose suspension from business or delisting from approved transporter's list has been removed/withdrawn by the concerned BHEL Unit on or earlier to tender due date shall become eligible to qualify in this tender ( as on tender due date). Black listed transporters may become eligible only after expiry of blacklisting period on tender due date if blacklisting is not permanent. Tenderer to give self-declaration or certificate from BHEL sister units in this regard. Any declaration/ certificate found/detected to be false at a later date shall lead to cancellation of the contract forthwith apart from other penal action that BHEL may impose.

(f) The tenderer should not have been held guilty by a Court of Law in India for any offence involving fraud, dishonesty and moral turpitude related to any transportation work. Declaration to the effect must be submitted aongwith the offer.

(g) Should not have withdrawn or abstained without notice from our preceding such rate contracts for mechanical trailer/truck.

(h) For effective and regular communication with BHEL, tenderers must possess local office and covered godown in Jhansi City or around BHEL, Jhansi works either in own name or rented premises within a maximum of 90 days from the date of award of the contract failing which transport contract shall be cancelled without giving any notice or any extension of time to open office/godown. Jhansi Office of the transporter MUST be equipped with at least one landline telephone with STD facility and one fax machine. One computer with e-mail facility instead of fax machine shall be allowed. One mobile telephone will also be desirable.

(i) Should have at least one branch in Mumbai/Thane/Port area. If a branch in this area is presently not existing, the transporter shall have to open an office in the area within a maximum of 90 days from the date of award of the contract. Communication facilities in the branch office shall be same as at para (h) above.

(j) Should furnish an undertaking in the letterhead of their firm that the rates quoted under price-bid(Part-II) are unambiguous and unconditional.

of 28

Further, a copy of blank price-bid (Part-II) as per annexure 'B' (Price Bid) after erasing rates must be submitted with Part-I of the bid.

(k) A self-certification affidavit-cum-agreement as per annexure 'E-1' to be executed on a non-judicial stamp paper of Rs 50/-.

(l) Should one or more partners/directors/proprietors of the bidder firm have a relation or relations employed in the capacity of an Officer of BHEL, the authority inviting tender should be informed of the fact alongwith the offer, failing this, BHEL may cancel the contract & forfeit EMD/SD forthwith.

(m) The tenderer should submit the following documents alongwith the offer & comply with the requirements.

(i) Authorised Signatory shall be the person holding 'power of

attorney' on behalf of the firm/company & authorised/empowered to act on behalf for the specific purpose.

(ii) Power of Attorney - An attested copy of the Power of Attorney attested by Gazetted Officer/Public Notary/Registrar of Companies.

(iii) In case of single proprietorship, full name, address, place & nature of business & licence relating to the transportation work.

(iv) In case of partnership Firms - the names of all the partners & their address. A copy of partnership deed/instrument of partnership duly certified by a Gazetted Officer/Public Notary shall be submitted.

(v) In case of Public/Private Limited Company - Date & place of registration including data of commencement certificate. Certified copy of memorandum and articles of Association will also be submitted in case of Public Limited Companies.

(vi) BHEL will not be bound by any other Power of Attorney granted or change in the composition of the firm made subsequent to the execution of the contract Agreement. BHEL may, however, recognize such Power of Attorney or change in status after obtaining legal advice.

(n) For smooth transport of our imported consignments from Mumbai Port, the transporter shall have to post a skilled & educated staff at Mumbai for liaison & co-ordination with BHEL, ROD, Mumbai. Bidders must confirm to meet this requirement.

6. TENDER SUBMISSION: Tender should be submitted in double-cover under

two part bid system i.e. The techno-commercial & price bids respectively as depicted below:

6.1 The outer cover should only bear the address of this office and should not have

any indication that a tender is within.

To, AGM(MM) BHEL, Jhansi-284129

Outer Cover

6.2 The two inner covers, shall respectively contain the techno-commercial bid in one and the price bid in another. Each cover shall be superscribed with the tenderer's

of 28

name, tender number and sealed with tenderers distinctive SEAL and addressed as shown on the respective covers sketched below:

TECHNO-COMMERCIAL BID COVER(PART-I)

Tender No. PUR/WC/T/066 due on 10.02. 04

From, To, Firm's Name AGM(MM) Firm's seal BHEL, Jhansi-28412904

PRICE BID COVER (PART-II) Tender No. PUR/WC/T/066 due on 10.02. 04

4

6.3 The tenders d pped in the

tender box loc 315 Hrs on the tender opeRegistered PosJhansi on or be

6.4 All the 'Techno

the Tender Roopening date ibe present.

6.5. Tenderers are

preceding paranon-acceptanc

6.6 The Price Bid

only those bidd5 'ELIGIBILterms & condit

7. After techno-c

eligibility criteregarding openthat day.

8. All entries in

corrections/canconcerned. TAnnexure 'B' bwords and fig

From, To, Firm's Name AGM(MM) Firm's seal BHEL, Jhansi-2841290

uly filled in and complete in all respects shall be droated at CISF Gate of our Administrative Building till 1
ning date as noted in the covering letter. The tenders sent by t/Speed Po M), BHEL, fore 1315 h
-commerc 1400 hrs in om locate the tender

n presence ives as may

advised tos 6.3 & 6.e of tender

(Part-II) oers who ar

ITY CRITions specif

ommercialria and tening date o

tender doccellations/he rates soth in worures, amou

st/Courier MUST be delivered to DGM(Mrs on tender due date.

ial bid' tender received shall be opened fromd on the first floor of Admn. Building onof tenderers or their authorized representat

note and strictly follow the time schedules as noted at 4 above to avoid inconveniences later and possibility of by BHEL.

f tenders shall be considered for opening in respect of e found to qualify the tender conditions as noted at para ERIA', para 32 and all other general and commercial ied in this tender document.

conditions are settled with bidders who fulfill the der conditions, information will be given to such bidders f the price bid so that they may be present at Jhansi on

uments shall be clearly written in ink or typed. All insertions, if any, shall be duly attested by the Tenderers hall be quoted only in the rate schedule attached at ds and figures. Where there is a difference between the nts indicated in words shall be taken as correct. The

of 28

Tenderer shall fill in all the required particulars in the blank spaces provided for this purpose in the Tender documents and also put signature affixing Company Seal on each and every page of the ‘General & Commercial terms & conditions of the tender’ and all annexures/enclosures to the offer. Any deviation to our tender terms & conditions should be clearly brought out in the offer. However, formats can be retyped alongwith matter to be filled but all requisite details must be available.

9. We are despatching our goods to our various sites/customers spread over

throughout country's principal cities as well as remote working sites in various states. Before quoting for the work, the tenderer should ascertain the nature of our transportation requirements including shortest route as per Road Map of India published by Survey of India and/or Motoring Guide of India and quote keeping all the factors in mind and take into account all incidental expenditure related with transportation.

10. BHEL will not pay any extra charges for any reason after acceptance of the rate

contract even if it is found later that the contractor has misjudged nature and scope of work.

11. Where photocopy of a document is submitted alongwith the tender it must be

attested by Public Notary or Gazetted Officer. 12. If a tenderer withdraws his offer after submission of the tender or after award of

the contract, fails to submit the Security Deposit and/or fails to start the work in accordance with the terms of the tender and as per instructions of the Officer Incharge of BHEL, the Earnest Money & Security Deposit paid will be forfeited and contract terminated. Submission of factually incorrect information or withholding/suppressing material information by the tenderer to win the contract shall on detection at any stage lead to cancellation of contract including forfeiture of EMD/SD amounts forthwith.

13. Contract Agreement

This tender document shall be deemed to form an integral part of the contract to be entered into for this work. The successful transporters & BHEL shall have to enter into a contract agreement on non-judicial stamp paper of Rs 250 (Rupees Two Hundred fifty only) within 30 days of award of the contract which will remain valid for the currency of the contract.

14. Timely placement of Trucks for all incoming & outgoing consignments. Suppliers from various parts of the country shall approach to the transporters

with whom the contract is finalised, for placement of trucks for transportation. Complaints in writing by the suppliers or MM/Stores/CDC Deptts of BHEL, Jhansi on non-placement of vehicle within seventy two (72) hours, for more than three (3) occasions shall disqualify the concerned transporter for loading of the consignments for one month. This requirement is also applicable when BHEL or BHEL's customers complain in writing for non-placement of trucks for transportation of our goods from Sites/Ports, testing labs to BHEL Jhansi/Other site/any other place. Timely placement of truck for all consignments in the scope of this contract, shall be the essential requirement (See para 54.2 also). The transporter shall be required to continuously deploy at least one normal truck fully

of 28

dedicated for outgoing consignments of BHEL Jhansi. Failure to meet this requirement will lead to suspension of business for one month.

15. Mode of despatch & payment of freight: Despatch will be either on "TO

PAY" basis when the freight shall be paid by our customer after receipt of goods at destination or on 'TO BE BILLED' basis where the freight shall be paid by BHEL after satisfactory delivery of goods to customer and production of documentary evidence in support thereof.

16. All 'to be billed' freight relating to this contract will normally be made as far as

possible within 90 days from the date of submission of bill to BHEL in the prescribed manner in duplicate alongwith the bill, copy of LR acknowledging receipt of consignments in good/no-damage conditions by the consignee and duly appending all other relevant documents thereto. However, no interest shall be paid for overdue amount.

17. The contractor shall be responsible for all acts and omissions of their staff. The

liabilities arising out of the acts and omissions of such staff shall be borne by the contractors. BHEL shall in no way be responsible for any such acts, omissions or any liabilities arising therefrom.

18. Jurisdiction: In case of any suit or other legal proceedings arising under or

relating to this contract, the courts at Jhansi shall have full jurisdiction.

19. Transhipment: Transporters shall ensure that direct to destination trucks are placed in advance for loading the consignment(s) at the warehouse(s) of BHEL, BHEL suppliers works, BHEL Sites, Ports & Testing lab etc. Transhipment en-route shall not be allowed unless expressly so permitted by BHEL under following circumstances:

19.1 For consignments booked as 'Smalls/part loads', transhipment is allowed.

19.2 Direct truck not available or BHEL needs to exit the consignments then

only one transhipment(unloading & reloading) at transporter's own/rented godown, in such special circumstances may be allowed after prior approval by Incharge CDC(Central Despatch Cell) or Stores Deptt or Purchase Deptt of BHEL Jhansi (not below the rank of DGM). Non-availability of direct truck for destination shall be considered only for genuine/binding reasons e.g. seasonal shortage of trucks, strikes, band, chakka jam etc.

19.3 Despatch hold by BHEL/Customer: If further movement of consignment

upon exit is not possible due to any customer related problems, the transporter may be required to unload and keep consignment in his custody till cleared by customer whereupon the transporter shall reload and dispatch the consignment to destination. Such transhipment(s) will be allowed by Incharge CDC (not below the rank of DGM).

19.4 Unsafe/Damaged/Blocked Roads/Roads not existing:

In case of floods on the way / roads washed away / roads blocked due to landslides or mudslides, transportation through alternate route can be allowed by Incharge CDC or Stores (not below the rank of DGM) on submission of

of 28

documentary proof thereof e.g. Photos & press reports etc. by the transporter under warranting circumstances.

19.5 Mechanical breakdown of trucks: In case of breakdown of a truck with consignment remaining in tact, the transporter at his own risk and cost may do the transhipment on another truck safely and deliver the consignment to the consignee after taking permission of Incharge CDC or Stores(not below the rank of DGM).

19.6 Transhipment in case of accidents: In case of accidents, the transporter

or his authorised representative shall arrange to submit to BHEL, the following:- i) A copy of FIR lodged in the Police Station of the area concerned. ii) Inform the BHEL's underwriter and CDC/Stores Deptt about the accident

for further follow up. Transhipment in such cases shall be allowed after completing all necessary formalities by Incharge CDC/Stores (not below the rank of AGM).

19.7 For all transhipments, detailed information to be furnished by the transporter to

the Incharge, CDC/Stores alongwith permission of the competent authority of BHEL, Jhansi. Damage to the equipment, if any, shall be made good by the transporter.

19.8 Transhipments in cases other than those stated above SHALL BE TREATED AS

UNAUTHORISED and will entail a penal deductions upto 25% of the freight charges. Deductions on account of transhipments shall be authorised by executives of CDC & Stores as under: Upto 10% - minimum E6 level

Above 10% upto 25% - minimum E7 level

19.9 Non-authorised transhipments on 3 occasions or more during a month for outgoing consignments shall disqualify the concerned transporter for loading of consignments for one month period.

20. Protection/Safety of consignment during transit: To ensure safe transit, the consignment loading shall be done by BHEL in its warehouse(s)for outgoing materials. The transporter shall ensure:-

20.1 Placement of trucks including all welded structures and joints in good and sound

condition. Where required, trucks with half size of sides shall be provided.

20.2 That good quality lashing ropes in sufficient numbers, length and diameters and other items required to accompany the truck so as to securely lash the consignment to the truck as per lashing scheme to be provided/explained by BHEL, Unit/Region concerned to ensure its safe transit in the same condition and same truck, whenever explicitly mentioned by BHEL. The same should be got certified by BHEL authority.

20.3 Proper Tarpaulins covers to protect the consignments from rains. 20.4 Compliance of all the safety precautions and other instructions required in road

transportation e.g. Red flags/lamps, pilot, escort, etc. as may be required, shall be the responsibility of transporter.

of 28

20.5 The above precautions/care (20.1 to 20.4) shall also be taken for transport of all incoming consignments to BHEL, Jhansi.

21. Safe Custody: The transporter shall be solely responsible for the safe custody of

the consignments from the time the documents are handed over to him till the consignments are delivered at the destination. Repeated failure in this regard shall be viewed seriously and BHEL shall be free to take deterrent/penal action on the transporter concerned e.g. Suspension of business and future business dealings by BHEL. No separate charges for safe custody shall be payable by BHEL on any account at any stage. The consignments are required to be transported and delivered in safe & sound condition.

22. Transit Insurance: Transit insurance will be BHEL responsibility. However,

transporter will be responsible for any external damage as per section 8 of Carriers Act 1965. The contract as entered into between BHEL and the transporter(s) based on this tender shall in no way nullify, reduce, mitigate or absolve the parties of any responsibility, obligation or liability that may devolve upon them under the Carriers Act 1965 as amended upto date.

22.1 Position as above shall not absolve the transporter of his responsibility for safe and proper transportation of the goods to the proper destination or his ability to compensate for the damage/shortages/loss in respect of the consignments transported by him.

22.2 Transporter shall make good the costs incurred by BHEL towards shortage,

damage and loss during transit, repair, replacement, return freight, personnel expenses, back charging of BHEL by customer and other incidentals if insurance claim lodged by BHEL is not settled by the underwriter due to any reason attributable to the transporter.

23. Open Delivery Certificate. The transporter will be bound under the contract to

give Shortage/Damage/Open delivery certificate in the format as per annexure E6 for lodging claim with BHEL Underwriters, preferably at the time of delivery of the consignment or within 7 days after delivery failing which loss incurred due to short delivery/delivery of damaged consignment will totally be recoverable from the transporter. In case of non-delivered consignment, a non-delivery certificate will be submitted within the reasonable time as decided by BHEL, failing which the value of the consignment will be recovered from the transporter.

23.1 In case of 'Joint Inspection Memo' (JIM) the transporter shall intimate the BHEL

representative authorised to sign the JIM which should properly be stamped with the name of the person to avoid any dispute later on. Office Incharge of the Transporter at Jhansi or any other place shall duly attest the signature of the representative.

23.2 The transporter will be bound to accept letters/notice/claims from BHEL/BHEL underwriters in accordance with the provisions of the Insurance Act.

24. Indemnity: The transporter shall indemnify the BHEL against all losses, claims, etc. due to injury or damage to any person or property arising out of any of his acts or out of the acts of his staff, employees, casual workers and agents etc. whilst in BHEL premises.

of 28

25. Extension & Termination of Contract. 25.1 The contract shall be valid normally for a period of two years from the date of

award of contract. The contract could be considered for extension for further period of one year or part thereof on the same terms and conditions with mutual consent.

25.2 The company may enter into parallel contract simultaneously with any other Contractor/Transporter as may be deemed fit at any time during the period of contract in the interest of the work for any or all the stations.

25.3 BHEL reserves the right either to short close the contract or terminate the contract entered into with any or all of the transporters without assigning any reason by giving one month notice by registered post acknowledgment due, or in person under acknowledgment.

25.4. If the transporter fails or neglects or refuses to observe/perform any of the terms

and conditions/obligation under the contract, BHEL may without prejudice to any other rights terminate the Contract by giving one month notice in writing and recover from the transporter any damages suffered by it on account of the failure, negligence, refusal violation or breach of the contract or any part thereof including the amount by which the cost of completion of the work done by any other agency shall exceed the amount payable to the transporter under this contract.

25.5 If a transporter is not found to be IBA approved at any time during the contract period or fails to submit valid IBA approval extension within one month of expiry of validity, the offer of work load shall be stopped immediately and the contract with him may be terminated.

26. Despatch Documents: While accepting the consignments for

transportation, the transporter shall ensure that all the necessary documents (e.g. Despatch Advice Note, Excise Invoice, Duplicate Copy, Driver Copy of LR, Consignee Copy of LR for door delivery Form 31/Form 75/any other entry permit, Waybills etc) required to be shown at various check posts are collected by them so that the consignments are not detained/delayed en-route on this account. Detention / delays on this account will be the transporter's responsibility. The transporters are advised to conduct and update route survey on their own before carrying the consignment to avoid delays/any other eventuality en-route for which they shall only be held responsible. No separate charges shall be payable by BHEL on this account.

27. Submission of Excise Gate Pass (a) The transporters under this contract will be required to deliver EXCISE GATE

PASS with BHEL P.O Ref (as per present Excise rule, DUPLICATE copy for Transporter) when received from BHEL suppliers to Stores Deptt against signature of BHEL representative.

(b) Where the supplier has furnished to the transporter the original Excise Gate Pass

(duplicate for transporter for CENVAT) and/or any other document, and if the same is not submitted to Stores, responsibility for loss to BHEL due to this, will rest with the transporter. The transporters are required to comply with this condition without fail/default.

of 28

28. Prohibition of sub-letting: The transporter is not allowed to pass the responsibility connected with the transportation to another agencies/transporters. Under no circumstances, after entering into Contract, the tenderer would be permitted to arrange transport of consignments entrusted to him, through another transporter except with the written permission of BHEL. However, hiring of vehicles and services from other agencies/transporters is permitted but the onus of safe and timely transportation of the consignment rests with the tenderer. The transporter shall not sublet or transfer the Contract or any part thereof, which shall tantamount to termination of the contract and forfeiture of security deposit.

29. Escorts: Wherever BHEL intends to depute an escort for important consignments, BHEL representative should be allowed to travel in the same vehicle to the destination free of charge or otherwise transporter will have to organize his own escort for which no charge will be paid.

30. Octroi Exemption Certificates: The transporter will obtain Octroi exemption certificates wherever necessary so that BHEL is not put to any loss or disadvantage. Wherever required, the transporter will take assistance of the concerned commercial group of BHEL Jhansi to obtain Octroi exemption certificate. Any loss to BHEL on this account will be realised from the bills of the transporter. However, BHEL will inform the transporter when the Octroi/entry taxes etc. is to be paid by him & billed to BHEL. Transporter shall then arrange to pay the Octroi duty and entry tax under conditions warranting and the same will be reimbursed to them alongwith the freight bill on production of true copy of the original certificate duly authenticated by our concerned product commercial group (not below the level of DGM) to whom the original has to be handed over.

31. Route Permit/National Permit/Clearance from RTO or any other authority

concerned and compliance of any other legal and statutory formalities connected with transportation of goods in accordance with Motor Vehicle Act/Rules will have to be arranged by the transporter at his cost. BHEL doesn't take any responsibility in this regard. Any contingency arising in this respect will entirely be the responsibility of the contractor.

32. BHEL Reserves the right to:

(i) To evaluate the bids as per BHEL Policy & Government guidelines including CVC circulars by the tender committee duly constituted by the BHEL Management. The decision of BHEL Jhansi Transport Contract Committee & duly approved by the competent authority shall be final and binding to the bidders.

(ii) Accept/Reject any or all tenders fully or partly, without assigning reason. (iii) Allot business loading subject to compliance of following within a

maximum of Ninety or Thirty days from the award of contract (as mentioned against each clause). (a) Establishing local office with facilities and godown as required at

para 5(h) within 90 days. (b) Submission of Contract agreement in line with para 13 within 30

days. (c ) Submission of 'performance security deposit', as bank

of 28

guarantee/DD/Pay Order as detailed at para 50 within 30 days. (d) Verification of the original documents relating to the vehicles

submitted for eligibility criteria at para 5(a) within 90 days.

33. Arbitration: Any dispute arising out of this contract shall be referred to the sole arbitration of Unit Head/GM of BHEL Jhansi or any person (including an employee of BHEL) so nominated by the said Unit Head/GM to act as arbitrator. The arbitration shall be conducted under the ARBITRATION AND CONCILIATION ACT OF 1996 and the rules framed thereunder. Its award shall be final and binding on the parties. The venue of arbitration in all cases shall be at Jhansi.

34. The contractor is bound to get permission from Govt. of India, Ministry of

Shipping & Surface Transport or from State Govts. or from local bodies for each truck/load if necessary as per Motor Vehicles Act, Acts/Rules framed by these Government agencies. Loading of trucks shall be done as per statutory requirements, Acts/Rules framed by local Branches, State Governments, Central Government etc.

35. Consignment weight: shall be taken as per the actual weight recorded on LR or design weight or weighment record of BHEL Jhansi Weigh Bridge. However, in special circumstances, weight declared by the supplier in challan will be considered when weighment is not possible and subject to authorisation by Incharge CDC/Stores (minimum level E6). Total freight amount will be rounded off to nearest full rupee value for claiming freight charges.

36 Number of transporter for the rate contract The rate contract will be finalised

with 7 transporters. Refer para 46 for the procedure for contract finalization & selection of bidders.

37. Offer Validity: Tenders should remain valid for acceptance for a minimum

period of 4 months from the date of opening. The rates quoted should be firm for a period of two years from the date of acceptance of the tender except for adjustment in freight rate due to increase/decrease in Diesel Price.

38. The tenderers shall quote their rates inclusive of all extra charges so that the rate

quoted shall be a consolidated one taking all the elements into consideration. (Refer para 49)

39. Taurus or any other make 10/12 wheel large trucks will be allowed for placement

and loading upto their pay load capacity against this contract, However the freight payment shall be made on pro-rata basis as per Normal truck/open Body truck(whichever is applicable).

40. Earnest Money Deposit:

Earnest Money Deposit (EMD) of Rs 1,00,000 (Rupees One lakh only) in the form of bank Demand Draft or Pay Order in favour of BHEL Jhansi and payable at Jhansi must be submitted alongwith the offer. The payment instrument should be issued from any of the BHEL consortium Banks or nationalized banks or any member bank of IBA. Tenders received without EMD amount will be summarily rejected.

of 28

41. EMD amount will be refunded to unsuccessful tenderers normally within 15 days of the acceptance of award of contract by the successful tenderers, whereas the same will be treated as part of security deposit for the transporters on whom rate contract is awarded. No interest shall be payable on EMD amount. EMD will be forfeited under the following conditions:

i) After opening the tender, the tenderer revokes his tender within the

validity period or increases his earlier quoted rates. ii) The tenderer does not commence work within the period as per

LOI/Contract. In case the LOI/contract is silent in this regard, then within 15 days after award of contract.

42. The transporter shall obtain acknowledgment of delivery of goods from the

authorized person of the consignee strictly in the prescribed manner with signature, seal, date & time, type of vehicle and Registration No. and condition of the consignment on delivery will be incorporated on LR/CN by the consignee to be submitted alongwith their Bill for payment. In case of any lapse, processing of the freight bill for release of payment will be made after due investigation.

43. Category of Loads

Business has been distributed into Six Categories of loads as per Annexure B. (Category A,B,C.D.E & F)

43.1 Full Truck Load (FTL) - 9 MT

For the purpose of determining full truckload of despatch/receipt of consignment, the following criteria will be adopted for FTL freight payment. a) In case of incoming material, a certificate from the consignor i.e. Mumbai

Office of BHEL/Authorised Officer of BHEL Sister Units/MM buying Group Head of BHEL, Jhansi (not below DGM level) against despatches from supplier/sub-contractor and by Commercial Executives of BHEL, Jhansi (not below DGM level) in case of despatches from site.

b) In case of outgoing consignments, authorization by representative of the concerned Commercial Deptt (not below DGM level).

43.2 Mini Truck Load (MTL) – 3.5MT The same authorisation as per FTL at Clause 43.1 shall be applicable

43.3 The "Smalls/Part-Load" will be treated upto 8 MT. Freight will be paid for a part load or FTL load whichever is lower. Above 8 MT, the consignment will be treated as 'full truck-load'. Minimum freight charges of Rs 90 per smalls/part load will be paid.

43.4 The transporter will have to make multi point delivery of the goods when demanded by BHEL allowing freight charges to the farthest point with door delivery charges for intermediate points.

of 28

44 SPECIFICATION FOR DIFFERENT TYPE OF TRUCK LOADS, PAYMENT OF ODC, DOOR DELIVERY, COLLECTION & OTHER CHARGES

Consignments of following maximum dimensions/weight shall be made applicable for loading on respective category of truck.

Mini Truck Normal Open Body.

Length, mm 4500 5000 6000

Width, mm 1800 2100 3100

Height, mm 2000 2500 3100

Weight, Kg 3500 9000 9000

44.1 For classifying of trucks as Open-body, dismantling of both sides of the truck body will be essential, so as to justify the width of the consignment.

44.2 Width is the main criteria for open-body truck irrespective of weight of consignment and the same will be considered as full truckload(FTL).

44.3 Consignments not eligible strictly for despatch of FTL/MTL basis, justifying the weight and dimensions as above shall be despatched as Smalls/Part-load in three categories, viz. Upto 1 MT, above 1 MT upto 3.5 MT and above 3.5 MT upto 8 MT. Rates to be quoted accordingly as per Annexure B.

44.4 In no case freight charges for lower type/category vehicle will be more than FTL freight charges for the next higher category type.

44.5 ODC charges @ of Rs 17 per 300 mm per 100 Kms or part thereof subject to minimum of Rs 100/- for each O.D.C. shall be payable for extra dimensions of consignments beyond that furnished at clause 44 above. Dimension upto & including 150 mm will be considered for payment of ODC charges.

44.6 Extra weight dispatched over carrying capacity of the vehicle due to exceptional circumstances, will be paid on pro-rata basis as per freight rates only and not on ODC basis. The transporter shall be fully responsible for any claim/penalty/liability arising out due to transport of extra weight.

44.7 For part loads. Door Delivery/Door Collection charges at the rate of Rs 70/- per MT or part thereof shall be payable.

a. Incoming consignments. The door collection charges shall be paid based on the certificate of the CRX representative.

b. Minimum charges of Rs 70/- shall be payable for single consignment.

c. No Door Collection charges are payable for outgoing consignments.

d. Where more than one consignment is collected from one source on any one day, collection charges will be paid only once and not two times or more.

e. Door Collection charges @ Rs 70 per MT will be paid for collection from each supplier.

44.8 In case the consignment is of Normal/Open-body truck and it is transported in a truck for specific reasons, the payment would be made as per Normal/Open-body trucks or truck rate contract rates, whichever is lower.

of 28

44.9 In case the material loaded and transported in a truck is of mixed type, i.e. truck as well as normal/open-body truck loads, the freight payment would be made at truck rate for the load qualifying for truck and balance at normal/open-body truck rate, whichever is lower.

44.10 In case there is a possibility/need to mix the truck and trailer consignments for a

destination, then to optimize loading and utilize the truck capacity, the same shall be resorted to by BHEL.

44.11 Freight bills as per Annexure 'E-5' shall be submitted in triplicate. 44.12 Loading & Unloading Charges.

a) BHEL shall be responsible for loading of all outgoing & unloading of all

incoming consignments in its factory premises. Material sent to BHEL Fabricators/sub-contractors will be unloaded by consignee suppliers.

b) Unloading of outgoing consignments at the customer end/BHEL

Site/works shall be done as per terms of contract entered into with the customer. If unloading is in the scope of BHEL customer, the transporter will take up with consignee for prompt unloading. In case of problem, CDC & Commercial executives of BHEL Jhansi will expedite. However, the transporter should normally not pay for unloading. However, in few cases when unloading is required to be done by the transporter, the payment of unloading charges will be regulated as per para (c ) below and transporter will collect consent letter for payment of unloading charges of BHEL Commercial within 7 days of unloading at site. The letter will be submitted alongwith freight bill.

c) If as per contract with Customer of BHEL, unloading is in BHEL’s scope,

the transporter has to arrange for manual or crane unloading at the project site, then unloading charges will be regulated as under:

Manual Unloading Charges:

Minimum of rates at which unloaded at the destination duly certified by the Consignee or his representative.

Crane Unloading Charges:

Crane hiring and unloading charges actually paid by the transporter and duly certified by the consignee or his representative concerned. The concerned Commercial Executive of BHEL (not below E6 level) will authorize payment of unloading charges based on certificate of consignee or his representative. However, if there is any specific contract for unloading charges between BHEL Jhansi & the transporter, payment will be done as per this contract.

d) For consignments that necessitate unloading at transporter’s godown, before delivery viz consignments booked for self/godown/door delivery against consignee copy, the following shall be applicable:

of 28

i) ‘Unloading charges’ shall not be payable as the same has to be covered in freight structure.

ii) ‘Reloading charges’ of cranable items (500 Kg per item/box or

above @ Rs 60/- per tonne shall be payable for loading in BHEL vehicles)

iii) ‘Reloading charges’ for non-cranable items @ Rs 25/- per tonne

shall be payable for loading in BHEL vehicle(s).

iv) ‘Sorting out’ charges @ Rs 25/- per tonne for sorting ‘smalls’ consignments at transporter’s godown shall be payable wherever certified by the BHEL representative.

v) BHEL will collect goods from transporter’s godown as an

exception and not as routine. The transporter shall give delivery of such goods at CRX. BHEL Jhansi and claim door delivery charges in their freight bills.

vi) It is desired that the transporters should provide chain-pulley block

arrangement upto 3 MT capacity in their Jhansi godown for handling the cranable items.

44.13 Minimum chargeable weight & distance.

- The minimum chargeable distance shall be 50 Kms & weight shall be 50 Kg.

45. Business volume: It is expected that during 2 years of contract period about 5000 Nos of trucks load would have to be transported both for incoming and outgoing consignments. Total freight bill will be about Rs 350 lakhs. Approximate requirement for 2 years in 6 categories of load (MTL,FTL, Part Load) and for different group of destination in MT x KM is indicated in Price Bid - Schedule of Rates format(Annexure B). This business volume is only indicative and actuals may vary depending upon our operational requirements. About 5 to 8% of our total business will be for destinations in North Eastern States, hilly areas of HP, Uttaranchal and J&K etc. Rates MUST be quoted as per the Price Bid format at – Annexure ‘B’ only. The offers received with separate rate for NE State/Hilly Areas or in any other fashion shall be bypassed.

46. Procedure for contract finalization & selection of transporters.

46.1 The bidders MUST quote for all 4 groups of destinations and for all 6 categories

(A to F) of loads as per the format given at Annexure’B – Schedule of Rates. The offers received for less than 4 groups of destinations & less than 6 categories of load will not be accepted. The status of bidders (L1, L2,…….) shall be decided based on the lowest, 2nd lowest, so on….. Grand Total value ‘V’ quoted at right bottom side of Annexure’B’

46.2 After price bid of technically & commercially eligible transporters is opened,

commercial negotiations will be held with the lowest bidder who will be requested to match individual category/destination rate, if required/decided by BHEL.

of 28

46.3 The negotiated rates of this L1 bidder will then be counter offered in sequence to L2, L3, L4…(low to high) for acceptance till a total of seven transporters are available for finalization of rate contract at L1 negotiated rates. The lowest rate for any individual category/destination (if lower than negotiated rates with L1) for L2, L3, L4… will be ignored. Thus total value ‘V’ will be same as per L1 after negotiation. The transporters whom counter offer is given, can accept or reject the counter offer in totality only for all categories/destinations and NOT for selected few categories/destinations. BHEL reserves the rights to take appropriate action if L2,L3….L19, L20……… do not accept negotiated L1 rates.

46.4 Transporters offering originally the lowest rate as per para 46.1 above shall be

given higher business. Accordingly, following percentage of work load (freight bill amount) during the contract period will be given to 7 transporters (with whom contract will be finalised) for all outgoing consignments from CDC and the following incoming consignments:

a) From Mumbai/Nave Shiva Port to Jhansi b) From BHEL Bhopal and Govindpura/Mandideep Industrial Areas to

Jhansi The above constitutes about 85% of our total truck business. Original Status of Transporters

as per Para 46.1 Volume of business (100% outgoing +2

segments of incoming) L1 25% L2 21% L3 18% L4 14% L5 11% L6 7% L7 4%

TOTAL 100%

However, if contract is awarded to transporters above L7 (following the procedure at 46.3), the volume of business will go to the next transporter as per the original status. Example if L3 & L7 do not accept negotiated L1 rate but the same is accepted by L8 & L9 later, the volume of business will become as under:

Original Status of Transporters

as per Para 46.1 Volume of business (100% outgoing +2

segments of incoming) L1 25% L2 21% L4 18% L5 14% L6 11% L8 7% L9 4%

TOTAL 100% No rate contract will be awarded to L3 & L7 However, above loading will be subject to increase or decrease based on points scored under transporter evaluation system elaborated at para 46.4

of 28

46.5 In the extreme eventuality of price bid of less than 7 transporters is opened (other bidders offer is found technically & commercially not acceptable), BHEL may reschedule the volume of business & Security Deposit amount to eligible transporters.

46.6 If the transporter refuses or is unable to provide satisfactory service for any destination/region for outgoing consignments in India irrespective of his branch network, 10% of security deposit will be deducted from running bills on each such non-performance during a review period of one month. Same action will also be taken in case of serious customer complaints e.g. non-delivery of goods without any valid reason.

47. Despatch Preference. Transporters having branch office at Project

Sites/nearby towns will be preferred for load to that site in order to resolve commercial issues.

48. Transporter Performance Evaluation System & Load Distribution in Roster. To ensure equitable distribution of work load, based on contract conditions for preferences and Performance Feed back, following terms and conditions will be applicable. The performance evaluation will be done only for outgoing consignments on quarterly basis. It can be done on monthly basis during October to March (Quarter III & Quarter IV)

. 48.1 25% to 4% business loading (based on original status of bidders as per para 46.4

will be subject to variation of plus minus 20% of these percentages depending upon the points scored in the performance evaluation system.

48.2 The performance of transporters shall be reviewed periodically. Allotment of

workload and continuance in contract will be related to the performance. The performance of each transporter will be assessed based on service quality, timely delivery and speed of response. The vehicle movement, date of receipt and delivery at destination, condition of package and consignment material at the time of delivery will be updated by transporter and regularly informed to BHEL Jhansi.

48.3 Against Performance Evaluation System, the transporters shall be awarded points out of a total of 100 (para 48.4 below). These points will be used in proportionate load allotment to a transporter as under:

60 points and more The percentage of work load as given in para 46.4

above will be subject to variation upto plus minus twenty per cent of specified percentages, depending upon the points scored (+20% for a score of 100, No change for a score of 80, -20% for a score of 60, one percent change for one point)

Less than 60 points to be deleted from Roster for one month but above 40 points

Less than 40 points to be deleted from Roster for three months

Less than 60 points to be permanently deleted from the Roster for the for more than three remaining period of the contract. BHEL may add continuous periodic more transporters in the contract in such situation.

performance evaluation

of 28

Initially on award of work, all transporters will be given work load as per Normal

Roster in accordance with para 46.4. From third month onward, the performance criteria as per para 48.3 & 48.4 will be incorporated in Roster based on performance Report of First month and so on. When quarterly evaluation is done, period for change in roster will be changed accordingly. Incharge CDC will be authorized to issue letter to transporters for change in business volume.

48.4 Evaluation & Distribution of Points.

Points distribution will be as follows out of 100 points. Quality 25 points Delivery 45 points Services 30 points.

48.4.1 Quality Rating: (25 Points) Consignment delivered in sound condition 25 points Consignment delivered with package damaged 15 points Consignments delivered with equipment damaged 0 points.

48.4.2 Delivery Rating (45 Points) Standard delivery period is given at para 57. Delivery rating will be calculated on the basis of Gate Pass date and consignment delivery date. 3 points to be deducted for each day of delay for first 15 days of delay. For next 5 days, 3 points shall continue to get deducted (Max. points 45, Min. points (-15). Delivery on schedule : 45 points. Delivery delayed by 1 day : 42 points. Delivery delayed by 2 days : 39 points ………………………………………………… ………………………………………………… Delivery delayed by 14 days : 03 points Delivery delayed by 15 days : 0 point. Delivery delayed by 16 days : -3 points Delivery delayed by 17 days : -6 points Delivery delayed by 18 days : -9 points Delivery delayed by 19 days : -12 points Delivery delayed by 20 days : -15 points

48.4.3 Service Rating (30 Points) (i) Placement of vehicles in BHEL CDC/CRX

Within 24 hours of intimation : 15 points Beyond 24 hours but within 72 hrs of intimation : 10 points Beyond 72 hours of intimation : 05 points Non placement on any account : -15 points

of 28

(ii) Timely intimation of reaching destination to CDC/CRX ( 10 points ). a) intimation within 7 days (+10) b) intimation within 10 days (+5) c) intimation within 15 days (0) d) intimation within 20 days (-5) e) intimation beyond 20 days (-10) IN CASE OF WRONG INFORMATION BY TRANSPORTER, 10 POINTS WILL BE DEDUCTED.

(iii) Intransit Transhipment.

No transhipment : 5 points Authorised transhipment : 0 points Unauthorised trashipment : -5 points.

49. The tenderers shall quote their lumpsum rates in Annexure 'B'. “Schedule of rates” inclusive of all extra charges like surcharges, hammali charges, statistical charges, goods taxes, collection charges, lashing, mobilization, market rate fluctuations & all other related incidental charges etc. so that the rate quoted shall be a consolidated one taking all the elements into consideration. No claim will be entertained on this account after submission of the price bid and during the currency of the contract. The bidders shall quote rate in all blank spaces in the price bid – Schedule of Rates at Annexure ‘B’.

50. SECURITY DEPOSIT

The applicable amount of security deposit as per BHEL Works Policy 2003 is as under: Status of the Transporter Amount of Security Volume of Business

on whom contract is awarded Deposit Rs. in lakhs to the transporter L1 5.90 25% L2 5.20 21% L3 4.65 18%

L4 3.90 14% L5 3.14 11% L6 2.11 07% L7 1.30 04% If contract is awarded to L8 & L9 and not to L3 & L7 (see example at para 46.4) Security deposit amount will get changed in the same way as volume of business.

50.1 EMD amount will be considered as part of Security Deposit and above amount will be reduced by 1,00,000/-(Rupees one lakh only)

50.2 50% of above Security Deposit less EMD of Rs 1 lakh (i.e. Rs 1.95 lakhs for L1) must be deposited with BHEL Jhansi within 30 days of award of the contract. Balance 50% (i.e. Rs 2.95 for L1) lakhs will be recovered from the running bills @ 10% of each bill. However, full amount of Security Deposit can also be deposited with us.

of 28

50.3 Security Deposit will have to be furnished in any one of the following forms:

(i) Pay Order or Demand Draft in favour of BHEL, Jhansi (ii) Local cheques of Scheduled Banks, subject to realization. (iii) Securities available from Post Offices such as National Saving Certificate,

Kishan Vikas Patras etc. Certificates should be held in the name of the contractor furnishing the security and duly pledged in favour of BHEL, Jhansi and discharged on the back. However, BHEL will not be liable or responsible for the collection of interest or renewal of the documents or in any other matter connected therewith.

(iv) Fixed Deposit Receipt issued by Scheduled Banks/Public Financial

Institutions as defined in the Companies Act. The FDR should be in the name of the contractor, A/c BHEL duly discharged on the back. However, BHEL will not be responsible for the collection of interest or renewal of the documents or in any other matter connected therewith

(v) Bank Guarantee from Schedule Banks/Public Financial Institutions as

defined in the Companies Act subject to a maximum of 50% of the total security deposit value (i.e. Rs 2.95 lakhs for L1) in favour of BHEL, Jhansi. BG shall be valid for the period of the contract and a claim period of 6 months from the date of expiry of the contract. The balance 50% has to be deposited in any form of security as per (i), (ii), (iii) or (iv) above.

50.4 The security deposit shall not carry any interest.

50.5 Security Deposit will be refunded only after the expiry of the contract and after

settling any claim arising out of the contract.

51.0 Freight Escalation 51.1 The rates agreed between BHEL and the transporters will remain firm during the

currency of the contract. However the rates will increase/decrease by 30% of the percentage increase/decrease in the rates of diesel prevailing on the date of tender opening (techno-commercial bid – Part-I). Any increase/decrease so allowed to the transporters will be extra/less and form the part of basic freight. This increase/decrease will be done, only quarterly, as under:-

51.2 The rate of diesel will be based on the documentary substantiation which shall be

for all the changes in prices) as obtained from the office of IOCL/HPCL applicable to Jhansi.

51.3 The above will be based on quarterly time slab. 51.4 The rates at which the work is awarded initially will remain firm for a period of

three months limited to the end of quarter (31st March, 30th June, 30th Sept & 31st Dec) without any PVC. The same rate will be applicable for next quarter as well(Refer para 51.5).

of 28

51.5 The average rate for three months will be calculated as below:-

Sigma (Applicable Rates x No. Of Days for which applicable) Total Number of Days in Three Months

The period of three months will be reckoned from a Date, 15 days prior to date of a quarter. The increase/decrease in rates due to price variation in diesel rates will be applicable for a period of next three months based on this. Thus this increase/decrease will be firm/constant for next three months. Similarly for next quarter onwards, till the expiry of contract, the increase/decrease in rates will be permitted (with 15 days back dating).

51.6 The freight rate as applicable on LR date will be considered for calculation of freight amount irrespective of bill date.

51.7 Freight increase on any other account will not be permissible. 52. The following information shall invariably be clearly and legibly indicated on the BHEL specific (as per Annexure ‘E-4’ attached) Consignment Note (i.e. LR) by the transporter at the time of loading of the consignment and prior to certification of despatch by the consignor/customer.

i) Registration No(s) of the vehicle. ii) Weight, dimensions and number of the packing cases.

iii) Name & address of the consignor with specific destination.

iv) Description of the consignments.

v) Distance to destination in KM and rate of freight.

vi) Despatch register entry Sl. No. and reference to all other relevant

information Despatch Advice Note, Excise Invoice, Way Bill/Permit etc.

vii) Freight details and consignment value.

53. For consignment, which qualifies to be transported in a smaller truck, but instead a higher capacity truck is provided/used for any reason whatsoever, the payment shall be made as that for smaller truck rate only.(example consignment of 3 MT with MTL authorization is loaded into a normal truck)

54. PLACEMENT & LIFTING 54.1 The vehicle will be normally required to report to our specified places inside our

works between 7.30 am to 5 pm on working days. The transporter should provide the trucks normally within 48 hours from the issue of demand except in exigencies where shorter duration could be inevitable. However, wherever possible, sufficient advance intimation in writing shall be given for requirement of truck. The exit timings shall be upto 8 pm on working days.

of 28

54.2 Due to non-placement of vehicle in time, BHEL reserves the right to transport the

incoming consignments through other transporters/alternative means. However, if freight paid is more than R/C rate & engagement of other transporter is due to delay by R/C transporter, the excess amount will be recovered from the freight bill of the transporter (See para 14 also).

54.3 The tenderers shall also ensure that Motor Vehicle Act/Rules stipulations are

strictly followed. It will be the transporter’s responsibility to deploy proper truck to transport consignments covered under the scope of work for the required load as per of Motor Vehicle Act/Rules stipulations.

54.4 In case of failure to ensure compliance of any or all of the clauses of the tender,

BHEL reserves the right to make alternative arrangements for hiring trucks at transporter’s risk & cost.

55. DETENTION CHARGES No truck detention charges shall be payable. 56. PAYMENT ON VOLUMETRIC BASIS

The consignment strictly falling under light & voluminous category (e.g. Radiators, transformer tank, busducts, dry type transformers, steel structures for Bus Duct etc.) shall be charged @1 cubic meter = 282 Kg (1 cubic feet = 8 Kg). In such cases, the volume-equated weight or actual weight, whichever is higher will be taken for claiming freight subject to: a. Freight payment applicable for volume-equated consignments shall be

restricted to carrying capacity of the truck upto a maximum of 9MT( full truck load).

b. No ODC charges shall be applicable on volume-equated consignments. 57. TRANSIT PERIOD & PENALTY FOR DELAY IN DELIVERY

Consignment will have to be transported safely to the destination within normal permissible running period, which is given below: (a) For Full Truck Load (FTL & MTL)

- Normal Truck/Mini Truck : 300 Km per day - Open body Truck & ODC consignments : 275 Km per day.

(b) For Small Consignments. - 0 to 500 Kms : 07 days - 501 to 1000 Kms : 12 days - 1001 to 1500 Kms : 15 days - 1501 Kms & above : 20 days.

57.1 If consignments are not delivered within the above mentioned normal transit time plus 2 days grace period and considering further relaxation as per para 57.2 & 57.3 and excluding the day of loading & unloading, a penalty @2% of the total freight charges per week(0.286% per day) or part thereof will be levied on the Carrier subject to maximum of 10% of the total freight payable. Business loading will also be affected due to delay in delivery as per para 48.

of 28

57.2 For determining the number of days for transit, for the left over distance, after calculating from normal speed of 300/275 km/day, one additional day will be computed.

57.3 Additional grace period over normal transit period shall be allowed only on

documentary substantiation of the matter, as under: (a) At railway crossing … 2 days. (where height barrier to be removed and/or power shut-down required, at each crossing) (b) From / to hill regions … 5 days. (c) From / to North East Regions … 5 days. (d) Octroi clearance … 2 days. (e) SELF and DELIVERY AGAINST CONSIGNEE COPY … 7 days.

57.4 Condonation of delay in delivery & waiver of penalties thereto shall be the

discretion of BHEL (as per BHEL works Policy 2003) based on the representation received from the transporter on case to case basis. Force majeure conditions shall be applied only in cases of acts of God (cyclone, floods, fire, earthquake, wash out of roads/bridges, epidemics etc), acts of Government, war, sabotage, riots, civil commotion, Police action, revolution over which transporter has no control. LD will not be applicable in such cases subject to proof from media, Government circulars, etc. Mechanical failure of truck shall not come under force majeure.

58. ROUTE & DISTANCE

The distance will be taken by the shortest route exhibited in the latest Motoring Guide of India (MGI) irrespective of the actual route followed by the transporter. However, in case of force majeure conditions, the alternate route shall be verified and approved by BHEL.

58.1 Where longer route becomes necessary in force majeure conditions, the

transporter shall furnish documentary evidence/proof e.g. news clippings/photographs of road obstructions alongwith diesel filling bills/endorsement from PWD, RTO check posts etc. along with the freight bill establishing the fact that longer route has been used for the reasons already informed and approved by BHEL Executives (not below the rank of AGM).

58.2 For consignments booked for transport through Shivpuri, there is a railway bridge at Sipri where height barrier is not opened. Hence, for this route, distance by by-pass road for cargo exceeding the height barrier limit shall be allowed.

58.3 For all stations within 20 kms of the periphery of booking stations, the freight charges will be same as that from booking station.

59. DESPATCHES BETWEEN UNITS/REGIONS OF BHEL

In case of despatches between two units/offices of BHEL, for freight “To pay” cases, the rate as agreed to by the consignee unit/offices with transporter shall only be paid by the consignee unit/offices. Despatches to our sister unit/offices shall be made only through those transporters who are approved by the consignee unit/office.

of 28

60. DEMURRAGE No demurrage, wharfage, ground rent & godown rent shall be payable to the transporter.

61. LIFTING OF CONSIGNMENT The transporters will lift consignments of all categories from ANY WHERE TO

ANYWHERE and deliver to consignee in India within the scope of this contract whether or not they have their branch office at the originating or at destination station. This contract shall be on ALL INDIA BASIS and hence the Head Office of the transport should inform all their Zonal/Regional Branch offices in the country about the terms & conditions and rates of this Rate Contract to ensure full implementation of the contract.

62. OTHER REQUIREMENTS Any change in Motor Vehicle Act/Rules announced by Govt. of India Ministry of

Surface Transport & Shipping from time to time will be applicable and necessary charges thereof shall be binding both on BHEL & transporters. Additional financial burden if any on transporter will be decided mutually.

62.1 Under ISO-14001 and OHSAS-18001 obligations for Health, Safety & Environmental Management System, the necessary instructions shall be followed as under by the transporter: (a) Transportation of goods of dangerous or hazardous nature should be in

carriages equipped with safety equipments. (b) Class labels are required to be displayed on vehicles carrying hazardous

substances. Vehicles shall carry material safety data sheet (MSDS). (c) Carriages carrying hazardous goods shall be legibly marked with

Emergency Information Panel. (d) Driver is to be instructed about the risks and precautions involved with the

carriage of hazardous goods. (e) Driver shall report to the nearest police station about accident, if it takes

place during transportation. He shall also inform the consignor/consignee immediately.

(f) Safety requirement during external (outside BHEL Jhansi premises) transportation shall also be met.

(g) The transporter shall follow Factories Act/Rules & Security Act/Rules during operations carried inside BHEL premises.

62.2 The transporter shall organize own/rented godown near the delivery point whenever so required (in a very few special cases) for providing a prompt & efficient transportation logistics to BHEL and its customers.

62.3 As per section 194-C of Income Tax Act, deductions of tax at source is required

to be made from payments of Transporters unless exemption certificate from appropriate authority is submitted to BHEL

62.4 Freight confirmation letter (FCL) will be issued at the time of booking/lifting of

outgoing material by the concerned departments for ‘To-pay’ LRs wherever required.

However, the transporter will submit the photocopy of acknowledgement taken from consignee duly certified by him within two weeks of date of delivery. In case these are not submitted regularly in time then further FCL will be issued only

of 28

after submission of acknowledgements instead of at the time of booking. 62.5 No material belonging to BHEL will be auctioned by Transporters where

customer has defaulted in taking delivery. The transporter will give notice under Registered Post and ask for instruction in the matter. These cases should be followed up personally by the Local Branch Manager of the Transporter concerned. The matter should also be followed up with the consignee by the Transporter.

62.6 Freight bills should accompany invariably with original acknowledgement on LR

otherwise same may not be verified. 62.7 Where all measures have exhausted and still the consignment is held by the

Transporter for a period of one year or more, material may be rebooked by transporter to BHEL, Jhansi i.e. to the consignor on “Freight to pay” basis without waiting for instructions. In such cases, the liability for to and fro freight will rest with BHEL. There will, however, be no charges leviable towards “demurrage”.

( M P Singh ) Addl. General Manager (MM)