Flap Gates and Turnstiles Final

8/19/2019 Flap Gates and Turnstiles Final

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RESPONSE

TO

QUERIES

FOR

TENDER

FOR

SUPPLY

AND

INSTA

FLAP

GATE

BARRIERS

AND

TURNSTILES

FOR BUS STATIONS OF BUS RAPID TRANSIT SYSTEM (B

IN AHMEDABAD CITY

DATE : 28TH JANUARY, 2010


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Response to Queries by the bidders for Flap Gate Barriers and Turnstiles:

Sr. No. Query from Particulars Respons

1.

Sivananda Electronics For Flap Gate Barrier/Turnstiles:

1. Grade of Stainless steel. Finish either

MAT or Mirror

MAT Fin

2. Passenger Clearance (distance between

two flap barrier) mentioned in tender is

1000 mm. Normally in access control

application distance between two boxes

is maintained at 520mm for pedestrian

movement and 900 for handicappedmovement. In case of 1000 mm

distance two person can go. You can

plan to have 520 mm passage lanes as

required along with one 900 mm

passage lane for handicapped.

The vend

opening

type is n

partially handicap

retract fu

Software

provide

differenttypes of c

Sivananda Electronics 3. What is the depth of flap barrier

required? Width of box will depend on

passage clearance. Height will be 1000

mm and other dimension like depth isnot mentioned. Whether tailgate

detection is required. Attached please

find one such drawing of multi lane

configuration.

Minimum

300MM.

Total De

1100MMTailgatin

Tailgate

Sivananda Electronics 4. Aisle width asked as per tender is 910 910 MM


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mm. normally for tripod maximum 500

mm passage clearance and 50 mm gap

between two tripods is suggested.

Drawing attached for your reference.

for whole

Sivananda Electronics 5. In case of tripod option, handicapped

movement will not be possible as armswill be obstacles. You can think of P

type motorized or manual swing gate.

Detail attached.

Other op

Sivananda Electronics 6. Damping mechanism is required for

smooth rotation of tripod arms and

avoids hitting users

Required

with Turn

For RFID

Sivananda Electronics 7.

Detail specs of RFID System, Softwarefeatures are not mentioned in the

Tender.

The procunits insmentione

bidder sh

the Systsoftware

compone

Sivananda Electronics 8. Details of RFID token collector

mechanism is not mentioned in the

Tender.

The Tok

have a token. Th

to either on the in

The tokehave a bi


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Sivananda Electronics 9. Resident Engineer option is suggested

for ON time required by you.

Service L

have beevendor n

in-order

obligatiowith ser

vendor.

Others

Sivananda Electronics 10. Payment Terms: Some better payment

is expected like 20% advance, 70% on

delivery and 10% after installation.

The paym

tender do

Sivananda Electronics 11. Tender submission date extension is

requested by 15-20 days

The tend per the te

2 Kaizen Engineering Systems

Pvt. Ltd.

1.

Can we quote only for turnstiles? Is

there any preference or greater points

assigned to suppliers who can supply

flapgates and turnstiles?

The bidd

well as preferenc

who quot

Kaizen Engineering Systems

Pvt. Ltd.

2. The payment terms are very tough.

Please relax these payment terms to

allow for 90% against delivery and

installation and balance against

commissioning.

The paymtender do


Pvt. Ltd.

3. Please specify if the tokens to be used

on the access gates are ISO 14443 type

A?

Yes


Pvt. Ltd.

4. Can the Demand draft be taken from a

scheduled bank also?

The termDemand

documen


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TENDER FOR THE SUPPLY AND INSTALLATION

OF FLAP GATE BARRIERS AND TURNSTILES FOR BUS

STATIONS OF BUS RAPID TRANSIT SYSTEM (BRTS)

IN AHMEDABAD CITY

AHMEDABAD MUNICIPAL CORPORATION

January 2010

Ahmedabad Municipal Corporation,

Opposite Khamasa Gate,

Sardar Patel Bhavan,Danapith, Ahmedabad


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Disclaimer

Ahmedabad Municipal Corporation (herein after called the Authority) has prepared solely

to assist prospective Bidders in making their decision of whether or not to bid. While

Authority has taken due care in the preparation of information contained herein and

believes it to be accurate, neither the Authority or any of its authorities or agencies nor

any of their respective officers, employees, agents or advisors gives any warranty or

make any representations, express or implied as to the completeness or accuracy of the

information contained in this document or any information which may be provided in

association with it.

This information is not intended to be exhaustive and interested parties are required to

make their own inquiries that it may require in order to submit this bid. The information

is provided on the basis that it is non–binding on Authority, any of its authorities or

agencies or any of their respective officers, employees, agents or advisors.

Authority reserves the right not to proceed with the bidding process at any stage without

assigning any reasons thereof, or to alter the timetable reflected in this document or to

change the process or procedure to be applied. It also reserves the right to decline to

discuss the bid further with any party submitting a bid.

No reimbursement of cost of any type will be paid to persons or entities submitting the

Bid.


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Tender Notice

(Copy of the Advertisement Issued on _____________)

AHMEDABAD MUNICIPAL CORPORATION

TENDER FOR SUPPLY AND INSTALLATION OF FLAP GATE BARRIERS AND

TURNSTILES FOR BRTS BUS STATIONS IN AHMEDABAD CITY

Authority intends to seek duly qualified interested parties for above work. Interested

Parties may download details from A.M.C. website www.egovamc.com from 11-01-2010 to

01-02-2010 and submit their tender in a sealed envelope as specified by 16:00 hrs Dt: 01-

02-2010. The Tender shall be submitted to Asst. Manager (Projects), Ahmedabad Municipal

Corporation, 2nd

Floor, Bank Building, Sardar Patel Bhavan, Danapith, Ahmedabad 380001.

MUNICIPAL COMMISSIONER

http://www.egovamc.com/http://www.egovamc.com/


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Table of Contents

1 PREAMBLE............................................................................................................................................................... 7

2 DEFINITIONS........................................................................................................................................................ 8

3 INTERPRETATION ............................................................................................................................................ 10

4 BID SUMMARY.................................................................................................................................................... 12

1. FINANCIAL CAPABILITY:......................................................................................................................................13

2. TECHNICAL CAPABILITY:.....................................................................................................................................13

3. DEMONSTRATION AND PRESENTATION (TO BE HELD AT DISCRETION OF THE AUTHORITY): ........................13

5 SCOPE OF WORK............................................................................................................................................... 19

5.1 SCOPE OF WORK .................................................................................................................................................19

6 INSTRUCTION TO BIDDERS ....................................................................................................................... 20

6.1 DOCUMENTS CONSTITUTING TENDER................................................................................................................20

6.2 BIDDING FORMAT................................................................................................................................................20

6.3 BID SUBMISSION FORMAT..................................................................................................................................20

6.4 TENDER OPENING PROCESS...............................................................................................................................21

6.5 SUBMISSION DOCUMENT CHECKLIST ................................................................................................................21

6.6 BID SECURITY AND TENDER FEE ........................................................................................................................22

6.7 DISCHARGE OF BID SECURITY OF SUCCESSFUL BIDDER .................................................................................23

6.8 PERFORMANCE BANK GUARANTEE / PERFORMANCE SECURITY ........................................................................24

6.9 TECHNICAL BID EVALUATION CRITERIA ............................................................................................................24

6.9.1 FINANCIAL CAPABILITY...................................................................................................................................24

6.9.2 TECHNICAL CAPABILITY ..................................................................................................................................246.10 FURTHER INFORMATION..................................................................................................................................26

6.11 PRICE BID OPENING .......................................................................................................................................26

6.12 VALIDITY PERIOD ............................................................................................................................................27

6.13 EXTENSION OF PERIOD OF VALIDITY.............................................................................................................27

6.14 MODIFICATION AND WITHDRAWAL OF BID...................................................................................................27

7 OBLIGATIONS AND UNDERTAKINGS.................................................................................................... 28

7.1 GENERAL OBLIGATIONS OF THE SUPPLIER........................................................................................................28

7.2 OBLIGATIONS OF THE AUTHORITY .....................................................................................................................30

8 SYSTEM INSTALLATION, COMMISSIONING, WORK COMPLETION AND INSURANCE32

8.1 MONITORING AND SUPERVISION .......................................................................................................................32

8.2 PROJECT COMPLETION ........................................................................................................................................32

8.3 MAINTENANCE......................................................................................................................................................33

8.4 INSURANCE...........................................................................................................................................................34

8.4.1 INSURANCE DURING THE WARRANTY PERIOD AND AMC PERIOD ............................................................... 34

8.4.2 APPLICATION OF INSURANCE PROCEEDS ......................................................................................................35


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8.4.3 VALIDITY OF THE I NSURANCE COVER............................................................................................................35

9 COMMERCIAL AND PAYMENT TERMS.................................................................................................... 36

9.1 PAYMENT FOR SUPPLY .........................................................................................................................................36

9.2 PAYMENT FOR ANNUAL MAINTENANCE CONTRACT ...........................................................................................37

10 GENERAL TENDER CONDITIONS.............................................................................................................. 38

10.1 LETTER OF ACCEPTANCE & AGREEMENT .......................................................................................................38

10.2 WORK ORDER..................................................................................................................................................38

10.3 LEAD TIME AND LIQUIDATED DAMAGES........................................................................................................38

10.4 QUANTITY VARIATION.....................................................................................................................................38

10.5 TAX LIABILITY..................................................................................................................................................38

10.6 CHANGE M ANAGEMENT PROCEDURE .............................................................................................................39

10.7 TERMINATION OF CONTRACT AND TERMINATION PAYMENT.........................................................................39

10.8 DISPUTE RESOLUTION....................................................................................................................................40

10.9 EVENTS OF DEFAULT AND TERMINATION ......................................................................................................40

10.9.1 EVENT OF DEFAULT.....................................................................................................................................40

10.9.2 TERMINATION DUE TO EVENT OF DEFAULT AND TERMINATION PAYMENT .............................................42

10.9.3 RIGHTS OF AUTHORITY ON TERMINATION................................................................................................43

10.9.4 TERMINATION PAYMENTS ...........................................................................................................................43

10.10 INTELLECTUAL PROPERTY ...............................................................................................................................44

10.11 LIABILITY .........................................................................................................................................................44

10.12 INDEMNITY .......................................................................................................................................................44

10.13 FORCE MAJEURE ..............................................................................................................................................45

10.14 INDEPENDENT CONTRACTOR ..........................................................................................................................45

10.15 NO ASSIGNMENT .............................................................................................................................................46

10.16 NO CONSORTIUM ............................................................................................................................................46

10.17 TENDER DISQUALIFICATION CRITERIA..........................................................................................................46

10.18 UNDERSTANDING OF TERMS...........................................................................................................................47

10.19 CONFLICT OF INTEREST ..................................................................................................................................47

10.20 AUTHORITY’ S RIGHT TO ACCEPT ANY PROPOSAL AND TO REJECT ANY PROPOSAL ...................................... 47

10.21 NOTIFICATION OF AWARD ..............................................................................................................................47

10.22 SIGNING OF AGREEMENT................................................................................................................................47

10.23 FAILURE TO AGREE WITH THE TERMS AND CONDITIONS ..............................................................................48

10.24 SEVERABILITY AND WAIVER...........................................................................................................................48

10.25 REPRESENTATIONS AND WARRANTIES, DISCLAIMER ................................................................48

10.25.1 REPRESENTATIONS AND WARRANTIES OF THE SUPPLIER .......................................................................48

10.25.2 DISCLAIMER ................................................................................................................................................50

10.25.3 REPRESENTATIONS AND WARRANTIES OF AUTHORITY ............................................................................5010.25.4 GOVERNING L AW AND JURISDICTION .......................................................................................................51

10.25.5 SURVIVAL ....................................................................................................................................................51

10.25.6 AMENDMENTS ..............................................................................................................................................51

10.25.7 NO PARTNERSHIP ........................................................................................................................................51

10.26 MISCELLANEOUS ..............................................................................................................................................51

10.26.1 LANGUAGE ...................................................................................................................................................51


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10.26.2 OWNERSHIP AND PROTECTION OF PROPERTY ..........................................................................................52

LIST OF ANNEXURES

ANNEXURE 1: FORWARDING LETTER ..................................................................................................................................53

ANNEXURE 2: FORMAT FOR POWER OF ATTORNEY OF BIDDER APPOINTING DESIGNATED REPRESENTATIVE .............55

ANNEXURE 3: FORMAT FOR TECHNICAL BID......................................................................................................................56

3.1 CAPABILITY STATEMENT ...............................................................................................................................................56

3.2: FORMAT FOR PROVIDING REFERENCES......................................................................................................................57

3.3: QUALITY AND TECHNICAL SOLUTION.........................................................................................................................58

ANNEXURE 4: FORMAT FOR PRICE BID ..............................................................................................................................59

ANNEXURE 5: FORMAT FOR PERFORMANCE BANK GUARANTEE ........................................................................................61

ANNEXURE 6: TECHNICAL SPECIFICATIONS AND SERVICE L EVEL CONDITIONS FOR FLAP GATES AND TURNSTILES ..63

(1) FLAP G ATES / FLAP BARRIER .......................................................................................................................................63

(2) TURNSTILES ..................................................................................................................................................................66


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1 PREAMBLE

Ahmedabad Municipal Corporation invites Technical Bids and Price Bids from interested

Bidders for supply of Flap gates and Turnstiles for bus stations for Bus Rapid Transit

System (BRTS) in Ahmedabad city. The broad scope of work for Bidder includes supply

and installation of the above mentioned Flap gates and Turnstiles.

The Bids shall be prepared in English and all entries must be typed and written in blue /

black ink. Initials of the authorized representative of the Bidder must attest all erasures

and alterations made while filling the Bids. Over-writing of figures in Price Bid is not

permitted. Failure to comply with any of these conditions may render the Bid invalid. A

copy of this tender document with all pages signed by the Bidder’s authorized

representative shall accompany the bid.

Authority shall not be responsible for any costs or expenses incurred by the Bidders in

connection with the preparation and delivery of bids, including costs and expenses

related to visits to the sites. Authority reserves the rights to cancel, terminate, change

or modify this process and/or requirements of bidding stated in the Tender, without

assigning any reason or providing any notice and without accepting any liability for the

same.

The bid evaluation process is detailed in instruction to Bidders in Tender. The Capability

Statement would be evaluated based on the criteria set forth in Tender. Only those

firms/companies who qualify based on the evaluation of their Technical Bids

will be qualified Bidders for the purpose of opening of price bids and its

evaluation.

The date of opening of Price Bids will be communicated in writing to such Bidders at a

later date.


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2 DEFINITIONS

‘Ahmedabad Municipal Corporation’ or ‘Authority’ shall mean the company

established in July 1950 under the Bombay Provincial Corporation Act, 1949, responsible

for the civic infrastructure and administration of the city of Ahmedabad.

‘Annual Maintenance Contract or AMC’ shall mean the comprehensive contract for

maintenance of the supplied units in force after the Warranty Period to be signed at the

discretion of the Authority and for which the Bidder is required to quote in his bid.

‘Agreement’ shall mean the Agreement entered into between the Authority and the

Successful Bidder for the currency of this contract.

‘Bid’ or ‘Detailed Bid’ or ‘Tender’ shall mean the detailed Bid submitted by the Bidder

in response to this tender including clarifications and/or amendments, if any.

‘Bid Security’ or ‘EMD’ shall mean the Security furnished by the Bidder, as part of the

Detailed Bid.

“Completion or Project Completion “with respect to each unit shall mean the

successful installation and demonstration of each supplied unit as per specifications.

‘Due Date’ shall mean the last date for submission of bid by the Bidders.

‘Firm’ shall mean a single legal entity, which is a registered body, Government agency

or statutory body.

‘Letter of Intent’ or ‘Letter of Acceptance” shall mean the letter to be issued by

Authority to the Preferred Bidder indicating the acceptance of his offer in accordance

with the conditions of this Tender document.

‘Performance Security’ or ‘Performance Bank Guarantee’ shall mean the Bank

Guarantee furnished by the successful Bidder as per the terms and conditions of this

tender.

http://en.wikipedia.org/wiki/Ahmedabadhttp://en.wikipedia.org/wiki/Ahmedabad


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“Project Site” shall mean the site of the Bus Stations where the supplied units are to

be installed.

‘Supplier’ shall mean the successful Bidder who has been selected by Authority for the

currency of this contract.

‘System’ means the Flap gate/ Turnstile units being purchased by the Authority as per

the scope and terms of this Tender.

‘Taxes and Duties’ shall mean all taxes, duties, fees etc. payable as per applicable

laws in India in connection with the procurement, development, installation, operation,

maintenance and management of Work.

‘Work’ or ‘Works’ shall mean Supply and installation of Flap gates and/ or Turnstiles

for bus stations with 3 (three) years Warranty Period, with 4 more years of Annual

Maintenance at the option of Authority for Bus Rapid Transit System (BRTS) in

Ahmedabad city.

‘Work Order’ will have reference to the LoA or LoI for this Work


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3 INTERPRETATION

In the interpretation of this Tender, unless the context otherwise requires:

The singular of any defined term includes the plural and vice versa, and any word or

expression defined in the singular has the corresponding meaning used in the plural

and vice versa;

A reference to any gender includes the other gender;

Unless otherwise stated, a reference to a Clause, Sub-Clause, Paragraph,

Subparagraph, Annex, Exhibit, Attachment, Schedule or Recital is a reference to a

Clause, Sub-Clause, Paragraph, Subparagraph, Annex, Exhibit, Attachment, Schedule

or Recital of this Tender.

A reference to any agreement is a reference to that agreement and all annexes,

attachments, exhibits, schedules, appendices and the like incorporated therein, as

the same may be amended, modified, supplemented, waived, varied, added to,

substituted, replaced, renewed or extended, from time to time, in accordance with

the terms thereof;

The terms “include” and “including” shall be deemed to be followed by the words

“without limitation”, whether or not so followed;

Any reference to a person shall include such person’s successors and permitted

assignees;

A reference to a “writing” or “written” includes printing, typing, lithography and other

means of reproducing words in a visible form;

Any date or period set forth in this Tender shall be such date or period as may be

extended pursuant to the terms of this Tender ;


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A reference to “month” shall mean a calendar month, and a reference to “day” shall

mean a calendar day, unless otherwise specified.

The terms “hereof, “herein”, “hereto”, “hereunder” or similar expressions used in this

Tender mean and refer to this Tender and not to any particular Article,

The terms “Article”, “Clause”, “Paragraph” and “Schedule” mean and refer to the

Article, Clause, Paragraph and Schedule of this Tender so specified;

In case of inconsistency between the terms mentioned in the Bid Summary and

detailed description, the terms of the Bid Summary shall prevail.


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4 BID SUMMARY

Sr.

No.

Key

Information

Details

1 Tender for Supply and Installation of Flap gates and Turnstiles for

Bus Stations for Bus Rapid Transit System (BRTS) in

Ahmedabad city.

- The Bidder may quote the price per unit in the Price

Bid for both the items.

- The Authority shall select the final Bidder for one or a

combination of both items for Flap Gates/ Turnstiles.

Final decision regarding the same shall vest with the

Authority.

- The price of the item that will be lower will get a

preference.

2 Numbers of

units to be

quoted for

175 units of Flap gates

175 units of Turnstiles

In the event of additional units asked for by the

Authority, they shall be provided at the same ratequoted in this bid and no incremental cost per unit shall

be provided on such additional units.

3 Nodal

Department

Ahmedabad Municipal Corporation

4 Project Site/

Work Site

Ahmedabad

5 Tender

Submission

Format

a) Envelope 1: Bid Security and Tender fee,

b) Envelope 2: Forwarding Letter, Technical Bid as per

Annexure 3 and the Tender Document signed on each

page by the Bidder’s authorized representative,

Signatory’s authorization.


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c) Envelope 3: Price Bid

6 Tender

Evaluation

a) Envelope 1: Test of Responsiveness of the bid based

on Pass/Fail for Bid Security and Tender fee and timely

submission, marking and sealing.

b) Envelope 2: Evidence of meeting necessary eligibility

and qualifications criteria as Eligibility and Qualification

Criteria, Authorization of signatory in the form of Board

Resolution/ Partner’s Resolution or Power of Attorney, as

applicable.

c) Envelope 3: Price Bid

7 Evaluation

Criteria

1. Financial Capability:

Bidder’s annual audited turnover for the last Financial

year shall be more than Rs. 2 Crore (from the business

in India only).

2. Technical Capability:

Based on percentile marking System with 60 as

qualifying marks.

1) No of Units supplied / commissioned in Public Transit

System during the last 3 years from the due date of

tender. (30% weightage)

2) No of Units supplied / commissioned during the last 3

years from the due date of tender (30%)

3) The extent to which the Bidder has local resources,

presence or tie-up. (15%)

4) Quality Assurance Program for executing the Works in

place. (15%)

5) Project management capabilities (10%)

3. Demonstration and presentation (to be held at

discretion of the Authority):

1. Bidders meeting financial and technical capability

criteria would be called for a demonstration of the


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prototype.

2. The purpose of the demonstration would be to ensure

that there are no significant deviations from the

technical specifications

Bidders would finally be declared qualified if there are no

deviations in technical specifications which cannot be

permitted.

8 Tender Validity The tender shall be valid for period of 180 Days from the

Due Date of Bid Submission.

9 Time Limit 1. Total time limit for the whole work shall be 365 days

2. Time limit for the installation for an individual unit

shall be 15 days from the day of handing over of thesite from the Authority to the supplier.

10 Bid Security Rs. 2,50,000/- (Rs. Two lakh fifty thousand only) in the

form of a demand draft from a Nationalized Bank drawn

in favour of “Municipal Commissioner” and payable at

Ahmedabad.

11 Performance

Security

Within 30 (thirty) days of receipt of Letter of Acceptance,

the successful Bidder shall furnish a Performance

Security to Authority, for an amount equal to 5% of the

Bid Value (excluding cost of AMC) and payable in the

form of a Bank Guarantee from any Nationalized Bank.

The general format of the bank guarantee for

Performance Security is set forth in Annexure 5 of this

Tender.

The Performance Security shall be valid up to the end of

warranty period and an additional period of 90 (ninety)

days thereafter.

12 Non- refundable

Tender Fee

Rs. 10,000 (Rs Ten Thousand Only) in the form of

Demand Draft in favor of “Municipal Commissioner”, and


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payable at Ahmedabad.

13 Supply/

Installation of

Flap gates and

Turnstiles

The Flap gate/ Turnstile units shall be supplied against

Request for Supply by Authority. Such request shall be in

writing, indicating the number to be supplied, and the

supply and installation must be completed within 15

days of the date of request. Such requests shall be

continued to be made until the order is exhausted.

14 Completion

Certificate

The Authority/ its authorized representative shall issue a

Completion Certificate upon successful installation and

demonstration to the satisfaction of Authority.

15 Warranty

Period

Each unit supplied shall have a warranty period of three

(3) years commencing from the date of issue of

Completion Certificate. During the warranty period, any

complain will be required to be attended to as per

specified service levels.

16 Annual

Maintenance

Contract

Beginning from the end of the Warranty Period, the

Authority may, at its sole discretion, require the supplier

to provide maintenance for a further period of fours (4)

years under an Annual Maintenance Contract. The termsof the maintenance contract are part of this tender

document. The Bidder is required to quote annual fees

separately in the Price Bid for maintenance beyond the

specified warranty period. Price Bids without quote for

AMC shall be summarily rejected.

Payment during the Maintenance period shall be made

annually at the end of each year after issue of

Satisfactory Service Certificate for the tenure from the

Authority.

17 Payment Terms Order to be placed according to quantities required.


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Installation shall be done by the Supplier in 15 days of

written order.

50% of the invoiced amount shall be paid upon

successful installation and demonstration of

operation only. 40% of the amount shall be paid

on 3 months satisfactory operations of the System

and the balance 10% on 6 months satisfactory

operations of the System of the concerned units.

Payment can be made as per batch wise orders placed.

Payment shall be made within 30 days of invoice.

If the successful installation and commissioning of the

units is delayed as per Specifications, the Authority shallbe entitled, by reasonable notice, to forfeit the

Performance Security.

18 Signing of

Agreement

Agreement shall be signed between Authority and

Supplier incorporating the terms of the tender as

directed by Authority.

19 Pre-Bid Meeting Pre-bid meeting shall be held at 13.00 hrs on 22-01-

2010 in the office of Authority.

Bidders are required to send their queries for pre-bid

meeting in MS Word format only through email to

[email protected] and

[email protected] on or before 21-01-2010

by 17.00 hours.

20 Due Date of

Tenders

On 01-02-2010 Upto 16.00 hrs in the office of

Authority at Asst. Manager (Projects), Ahmedabad

Municipal Corporation, 2nd Floor, Bank Building, Sardar

Patel Bhavan, Danapith, Ahmedabad.

21 Date of opening

of Tenders

At 17.00 hrs on 01- 2-2010 in the office of Authority

at Asst. Manager (Projects), Ahmedabad Municipal

Corporation, 2nd Floor, Bank Building, Sardar Patel


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Bhavan, Danapith, Ahmedabad.

22 Liquidated

Damages/

Penalty

In the event of the units of Flap Gates/ turnstiles not

being supplied/ installed in time in operable condition as

per its specifications, Authority, at its own discretion,

reserves the right to charge liquidated damages of 0.5%

of value of delayed units per every week of delay in

successful installation and commissioning as per the

specifications. Such LDs will not exceed 10% of the

value of the units.

23 Taxes The amount quoted in the price bid shall have to be all-

inclusive, including service tax and all other taxes,

cesses and charges.

24 Storage/

Godown Facility

The Supplier shall have to make his own arrangement

for the storage of the materials required for this work.

The Authority shall have no responsibility to provide for

any such storage facility to the Supplier.

25 Insurance The Supplier shall, at its cost and expense, purchase and

maintain during the Implementation period, Warranty

period and AMC period such insurances as arenecessary, including but not limited to the following:

(a) Supplier’s all risk insurance;

(b) Comprehensive third party liability insurance

including injury or death to personnel of Persons who

may enter the Project Site;

(c) Workmen’s compensation insurance;

(d) Any other insurance that may be necessary to

protect the Supplier, its employees and its assets

(against loss, damage or destruction at replacement

value) including all Force Majeure Events that are

insurable and not otherwise covered in items (a) to (c).


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The Supplier shall, from time to time, provide to the

Authority copies of all insurance policies (or appropriate

endorsements, certifications or other satisfactory

evidence of insurance) obtained by the Supplier in

accordance with this Tender.

The Supplier shall pay the premium payable on such

insurance policy(ies) so as to keep the policy(ies) in

force and valid throughout the Period of Warranty and

AMC Period and furnish copies of the same to the

Authority.


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5 SCOPE OF WORK

5.1 Scope of Work

The Authority seeks suppliers for supply and installation of Flap gates and Turnstiles of

given specifications for the Bus Rapid Transit Project System Project in Ahmedabad. The

specifications for both the items are given in Annexure 6 of this Tender Document.

The prospective Bidders are free to seek clarifications regarding the specifications or any

tender conditions in the pre-bid meeting or earlier in writing at the address for

submission of this tender through e-mail/letter.

The Scope of the work for this particular Contract shall mean and include the following:

(a) Supply and Installation of Flab Gates and Turnstiles as per number mentioned in

the Bid Summary and Specifications in Annexure 6 of this Tender document, at

BRTS Bus stations as indicated by the Authority with a warranty period as

mentioned in the Bid Summary of this Tender Document.

(b) Maintenance of the above items during the Warranty Period and Annual

Maintenance Contract period as specified in the Bid Summary to ensure the

availability of the System in excess of 99% in accordance with the provisions of this

Tender and Guidelines and Specifications as may be stipulated herein.

(c) Performance and fulfillment of all other obligations incidental to and supporting the

above.


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6 INSTRUCTION TO BIDDERS

6.1 Documents Constituting Tender

The Tender documents comprise the following and are to be read together:

(i) This tender document, and

(ii) Other documents constituting the Tender and acceptance thereof and shall be

deemed to include any amendments, modifications to the tender document or its

constituent document.

6.2 Bidding Format

The Bidding is a two stage process comprising the Technical Bid and the Price Bid. The

purpose of the Technical Bid is to ensure the technical and financial capability of the

Bidder to supply the products and services as required. Price Bids of only those Bidders

qualifying in the Technical Bid would be opened.

6.3 Bid Submission Format

The Bidders will submit the Bid in three sealed envelopes, the details for which are

specified below. The title of the envelope shall be super scribed on the sealed envelope.

Envelope 1

(1) Bid Security and (2) Tender fee in the form of Demand Draft from Nationalized Bank

in favour of “Municipal Commissioner”, and payable at Ahmedabad. The envelope shall

be titled “Envelope 1 – Tender Fee and Bid Security”.

Envelope 2

a) Cover Letter as per Annexure 1.

b) Copy of tender document signed on every page by the Authorized representative

of the Bidder.


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c) Also, the Authorization of signatory in the form of Board Resolution/ Partner’s

Resolution or Power of Attorney, as applicable shall also be provided in this

Envelope.

d) Technical Bid as per Annexure 3.

The envelope shall be titled “Envelope 2 – Technical Bid“

Envelope 3

a) Price Bid

The envelope shall be titled “Envelope 3 – Price Bid“

6.4 Tender Opening Process

On the day of tender opening, Envelope 1 would be opened first and the Bid Security

and Tender fee would be verified.

On successful verification of the same, Envelope 2 would be opened.

The Bidder would be awarded points for the technical bid as per Clause 6.9.2 of this

tender document. Also, the evaluation shall be done on the basis of the contents of

Envelope 2 as against the criteria specified in the Tender document.

Envelope 3 shall be opened of only those Bidders who satisfy the Technical evaluation

criteria.

The formats and checklists for each submission have been explained in the Tender.

6.5 Submission Document Checklist

Bidders would be required to submit the following documents. The formats for these

documents where applicable are placed as Annexure.

Envelope

No,

Documents Relevant Annexure

for format/guidelines

1 Tender fee and Bid Security in the form of


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demand draft in favour of “Municipal

Commissioner”, and payable at Ahmedabad.

2 Technical Bid :

Forwarding Letter

Capability statement

Audited Financial Statements for last 3

years/ additional documents indicating

turnover from business in India only

List of References / work completed along

with Work orders / Satisfactory Completion

Certificates

Quality and Technical Solution Literature Any quality certifications

Copy of tender document signed on every

page by the Bidder’s authorized

representative.

Authorization of signatory in the form of

Board Resolution/ Partner’s Resolution or

Power of Attorney, as applicable.

Annexure 1,2 3

3 Price Bid Annexure 4

6.6 Bid Security and Tender fee

Tender submitted in response to the Tender Document shall be accompanied by Tender

Fee and Bid Security as mentioned in the Bid Summary of this tender document.

(1) The bid security furnished by the successful Bidder shall be refunded after the

acceptance of Performance Security.

(2) Bids not accompanied with requisite Bid security shall be summarily rejected.

(3) The bid security shall be returned to the Bidder –

(a) Whose bid has not been accepted by the Authority.


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(b) Whose bid has been accepted by the Authority but after receipt of Performance

security.

(c) If the Bid Security is not from a Nationalized Bank.

(4) Bid security is a non interest bearing deposit.

6.7 Discharge of Bid Security of successful Bidder

The Bid Security of a Successful Bidder shall be discharged only after the Performance

Security is furnished by the Bidder as per the requirement. The Successful Bidder’s Bid

Security shall not be adjusted against the Performance Security.

Bid security shall stand forfeited in the following situations:

(1) In case of unclear offer and/or conditional offer, such tender is not acceptable and

so the bid security shall be forfeited.

(2) In case of revision and/or modification of terms of bid or withdrawal of bid during

the validity period.

(3) In case of Bidder demands transfer of contract before acceptance of offer or after

acceptance of offer.

(4) For the successful Bidder, if the performance security is not deposited within the

time period as mentioned in the Bid Summary of this tender document.

(5) If the Agreement is not executed within the time period specified in the LoA or as

specified by the Authority, even though performance security has been paid. (In

this case, both Bid Security and Performance Security will be forfeited and LoA will

be cancelled).

(6) In the event, Bidder, after the issue of communication of acceptance of his bid by

the Authority, fails/refuses to start/execute the work as herein the Bidder shall be

deemed to have abandoned the work/contract and such an act shall amount to

and be construed as the Bidder’s calculated and willful breach of contract, the costand consequences of which shall be to the sole account of the Bidder and in such

an event the Authority shall have full right to claim damages thereof in addition to

the forfeiture of the Bid security deposited in terms of this bid documents.


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6.8 Performance Bank Guarantee/ Performance Security

The Successful Bidder shall be required to furnish a Performance Security as per the

terms set forth in the Bid Summary of this tender document. The Bid security shall be

returned back to the Supplier on the receipt of Performance Security. The general

format of the bank guarantee for Performance Security is set forth in Annexure 5 of this

Tender document.

Provided that if the contract is terminated for reasons other that that which can be

attributable to the Supplier, the Performance Security, shall, subject to the Authority’s

right to receive amounts, if any, due from the Supplier under this contract, be duly

discharged and released to the Supplier.

Performance Guarantee in the form of a bank guarantee shall be irrevocable and valid

for the installation and Warranty Period and an additional period of 90 (ninety) days

thereafter. The performance guarantee shall not be released in part for different units

despite exhaustion of warranty period for some of the units. However, Authority retains

its absolute discretion to release performance guarantee in parts if they are satisfied

that the warranty period exhaustion for different units is very far apart.

6.9 Technical Bid Evaluation Criteria

6.9.1 Financial Capability

Bidder’s annual turnover of the last financial year for which audited results are available

should be more than Rs. 2 Crores (from the business in India only) in order to be

technically qualified under this bid. Annual Audited reports for the last 3 years should be

submitted along with the technical bid.

6.9.2 Technical Capability

The following is an outline of the criteria that Authority would use for evaluation of the

technical capability of the Bidder along with the weightage that would be used for each

criterion. Evidence in the form of supporting documents should be submitted along with

the Technical Tender. The points for the criteria shall be calculated separately for the

Flap Gates and Turnstiles.


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Sr.No Description Points

1 No of Units of Flap gates/ Turnstiles supplied / commissioned

during the last 3 years from the due date of tender

0-25

2 No of Units of Flap gates/ Turnstiles supplied / commissioned

in Public Transit System during the last 3 years from the due

date of tender. (these units shall not be included in category

1 in order to avoid duplication)

0-35

3 The extent to which the proposed Bidder has local resources,

presence or tie-up.

0-10

4 Quality Assurance Programme for executing the Works in

place.

0-20

5 Project management capabilities of large scale system

integration in terms of number of large systems to which

Bidder has supplied Flap gates and Turnstiles worth more

than INR 1 Crore.

0-10

The Bidder shall produce all necessary documents in support of each of the category

listed in the following table applicable to its bid. The supporting documents shall include,

but not be limited by, the following:

(1) Certificates from the customers regarding numbers of units supplied, cost of the

project and project duration etc. attested by the statutory auditors.

(2) Satisfactory supply and installation certificates from the clients

(3) Quality Assurance Certificates/Programs (Such as ISO etc.)

(4) Certificate from statutory auditors regarding value of work done in last year

(5) Evidence of local presence/ tie up.

(6) Other documents as necessary.

Based on the above, the Evaluation committee appointed by the Authority or Authority

itself will carry out its evaluation applying the evaluation criteria and point system

specified above to each responsive bid. Any Bidder scoring above 60, and meeting


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the financial criteria shall be declared eligible. Authority’s decision in this

regard shall be final.

Eligible Bidders, at the sole discretion of the Authority, would be required to make a

demonstration/presentation to the Authority, indicating:

a) The demonstration of the prototype to evidence that the unit proposed to be

supplied is according to the Tender Specifications and what are the deviations, if

there are any, from the requirements.

b) Any other relevant information/ details as might be required.

The demonstration / presentation would serve as a platform for the Authority to betterevaluate the functioning of the units System proposed to be supplied by the bidder and

understand whether there are any deviations that cannot be permitted.

Based on the demonstration / presentation of the eligible Bidders, (or if the same is

deemed not to be required, without the presentation) the Authority would qualify the

eligible Bidders for the next stage.

6.10Further Information

Authority retains the right to ask for any further information that may be required from

the Bidder for evaluation purposes.

6.11Price Bid Opening

After the evaluation of technical bids, the Authority shall notify qualifying Bidders,

indicating the date and time set for opening the Price Bids.

The Price Bid shall be opened in the presence of the qualified Bidder’s representatives

who choose to attend. The name of the Bidder’s and the proposed price shall be read

loudly and recorded when the Price Bid is opened.


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The Evaluation committee will determine whether the Price Bid is complete and will

correct any computational error.

The Bidder’s qualified in the technical bid and who quotes the lowest in the Price bid will

be qualified as Preferred Bidder. Authority may hold further negotiations with the

Preferred Bidder before the assignment of Letter of Acceptance.

6.12Validity Period

Bids shall remain valid for a period as mentioned in the Bid Summary of this Tender

document. The Authority reserves the right to reject a Bid as non-responsive if such Bid

is valid for a period which is less than specified and Authority shall not be liable to send

an intimation of any such rejection to such Bidder.

6.13Extension of Period of Validity

In exceptional circumstances, the Authority may solicit the Bidder’s consent for an

extension of the period of Bid validity. Any such request by the Authority and the

response thereto shall be made in writing and such extension of Bid validity period by

the Bidder should be unconditional. A Bidder may refuse Authority’s request for such

extension without forfeiting the Bid Security. A Bidder accepting the request of Authority

shall not be permitted to modify its Bid.

6.14Modification and Withdrawal of Bid

No bid may be withdrawn in the interval between the deadline for submission of bid and

the expiration of the bid validity period and if a Bidder withdraws its bid, then the bid

security shall be forfeited.


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7 OBLIGATIONS AND UNDERTAKINGS

In addition to and not in derogation or substitution of any of the obligations set out

elsewhere in this Tender and the subsequent Agreement, the Parties shall agree and

undertake as under:

7.1 General Obligations of the Supplier

The Supplier shall at its own cost and expense:

(a) Supply, install, and commission the Systems at BRTS bus stations/ locations

decided by Authority in required quantity at stipulated price within specified time

limit in accordance with the provisions of this Tender, Good Industry Practice and

Applicable Laws.

(b) Repair and maintain the System in full operational condition as per the terms of the

Service Level Conditions included in Annexure 6 during the Warranty and Annual

Maintenance Contract Period, if required through changing the Spare Parts.

(c) Obtain all Applicable Permits in conformity with the Applicable Laws and be in

compliance with thereof at all times for execution of its obligations.

(d) Ensure compatibility of the System with the various softwares/ protocols of other

components/ systems of BRTS.

(e) Procure and maintain in full force and effect, as necessary, appropriate proprietary

rights, licenses, agreements and permissions for materials, methods, processes and

Systems used in or incorporated into the System.

(f) Allow and entitle the Authority or a nominee of the Authority to step into this

Contract at the Authority’s discretion, in place and substitution of the Supplier in

the event of Termination pursuant to the provisions of this Tender;

(g) Provide all assistance to the Authority or its representative as they may reasonably

require for the performance of their duties and services under this Tender;

(h) Provide to the Authority reports on a regular basis during the Warranty Period and

AMC period on the progress of the project as may be demanded by the Authority.


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(i) Ensure and provide full cooperation and assistance to the other vendors and to the

Authorities to ensure that the System is compatible with other components of the

BRTS.

(j) Make efforts to maintain harmony and good industrial relations among the

personnel employed in connection with the performance of the Supplier’s

obligations under this Tender.

(k) Develop, implement and administer a Surveillance and Safety Program for the

System and the users thereof and the Contractors personnel engaged in the

provision of any services including correction of safety violations and deficiencies,

and taking of all other actions necessary to provide a safe environment in

accordance with Applicable Laws and Good Industry Practice;

(l) Take all reasonable precautions for the prevention of accidents on or about the

System Installation Site/ Facility.

(m) Not to place or create nor to permit any Contractor or other person claiming

through or under the Supplier to create or place any Encumbrance over all or any

part of the Project Assets, or on any rights of the Supplier therein, save and except

as expressly set forth in this Tender;

(n) Be responsible for safety, soundness and durability of the System including all

structures forming part thereof and their compliance with the Specifications and

Standards set forth in this Tender through out the warranty period and the AMC

period.

(o) Remove promptly upon installation and according to Good Industry Practice, from

the Installation/Project Site, all surplus installation machinery and materials, waste

materials, rubbish and other debris and keep the site in a neat and clean condition

and in conformity with the Applicable Laws and Applicable Permits.

(p) Have requisite organization and designate and appoint suitably qualified officers/

representatives as it may deem appropriate to supervise the implementation of its

obligations under this Tender and to deal with the Authority or its representative


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and to be responsible for all necessary exchange of information required pursuant

to this Tender;

(q) Undertake, do and perform all such acts, deeds and things as may be necessary or

required to adhere to Project Completion under and in accordance with this Tender;

(r) Make available for inspection by Authority or any authorized person of the

Authority, copies of Tender, subsequent Agreement, Maintenance Manual and

copies of all documents relating to safety and its safety standards free of charge.

(s) The Supplier shall be responsible for ensuring that any existing utility on, under,

above, adjacent, adjoining or near the Project Site is kept in continuous satisfactory

use, if necessary, by the use of suitable temporary or permanent diversions with

prior approval of the Authority.

7.2 Obligations of the Authority

The Authority shall:

(a) Permit the Supplier to work on the project site to execute its obligations.

(b) Grant or where appropriate provide necessary assistance to the Supplier in securing

Applicable Permits;

(c) Grant in a timely manner all such approvals, permissions and authorizations whichthe Supplier may require or is obliged to seek from the Authority in connection with

implementation of the Project and the performance of the Supplier’s obligations as

per the tender;

(d) Ensure peaceful use of the Site by the Supplier without any let or hindrance from

the Authority or persons claiming through or under it;

(e) Upon written request from the Supplier, assist the Supplier in obtaining access to

necessary infrastructure facilities and utilities, including water, electricity andtelecommunication facilities at rates and on terms no less favorable to the Supplier

than those generally available to other contractors/ suppliers of the Authority

supplying substantially similar equivalent facilities/utilities. This provision shall not


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entitle the Supplier to be excused from its obligations under the Tender for the

Authority being unable to supply such assistance.

(f) Ensure that no barriers are erected or placed by the Authority or any Governmental

Agency on the Site, except on account of any law and order situation or upon

national security considerations;

(g) Make payments in timely manner for work completed in a satisfactory manner as

per the payment terms.


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8 SYSTEM INSTALLATION, COMMISSIONING, WORK

COMPLETION AND INSURANCE

8.1 Monitoring and Supervision

During the Warranty Period and AMC Period, the Supplier shall furnish to the Authority

periodic reports on actual progress of the Flap gate/ Turnstile works and furnish any

other relevant information as may reasonably be required by the Authority.

8.2 Project Completion

(a) The Flap gate/ Turnstile units shall be supplied against each request for supply by

the Authority. Such request shall be in writing, indicating the number of units to be

supplied and locations (Sites) where they are to be installed. Such requests shall becontinued to be made until the full order is exhausted.

(b) Upon getting the Request for Supply order, the supplier shall promptly and as soon

as possible but in any case not later than 15 days from the date of Request,

complete the supply, installation and commissioning of the System at the stated

site.

(c) After successful supply, installation and commissioning of required units of Flap

gates/ Turnstiles, the Supplier shall inform Authority/ its authorized representative

who shall conduct demonstration / testing of the System installed to test their

conformity to Supply Specifications. The system shall be checked for full

functionality in an integrated environment. Upon satisfaction, Authority/ its

authorized representative shall issue a Completion Certificate. No certificate shall be

issued against only delivery, partial installation or incomplete commissioning of any

individual unit.

(d) The supply shall be deemed to be complete only when the Completion Certificate is

issued by the Authority in accordance with the provisions set forth in this Tender

Document. Such certificate may be supplied individually for each Flap gate/

Turnstile unit of the System or for batches.


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(e) If the Completion is delayed beyond the stipulated time for any reason other than

Force Majeure or reasons attributable to the Authority, the Authority shall be

entitled, by Encashment notice to forfeit the Performance Security to recover the

liquidated damages payable.

(f) For delay in Completion beyond 90 days, the Authority shall subject to the

provisions of this Tender Document relating to excuse from performance of the

Supplier’s obligations hereunder, be entitled to terminate the contract in

accordance with the provisions for termination.

8.3 Maintenance

During the Warranty and the Maintenance Contract Period, the Supplier shall maintain

the System, modify, repair or otherwise make improvements to the Project/ Project

Facility to comply with Tender Specifications, Good Industry Practice, Applicable Laws

and Applicable Permits, and manufacturer’s guidelines and instructions. More

specifically, the Supplier shall be responsible for:

(a)Ensuring smooth and uninterrupted access to the facility in normal operating

conditions;

(b)Undertaking routine maintenance

(c) Adherence to the Safety Standards commensurate with the project size and function.

(d)Repair/ replacement of all faults during the warranty period and AMC Period arising

out of manufacturer’s defects and wear and tear of the unit within design limits. In such

circumstances the Supplier shall repair/replace the unit to restore full functionality.

Maintenance shall also include the replacement of spare parts damaged due to normal

wear and tear and defects.

Damages due to physical attack by passengers (vandalism), tampering of equipment by

passengers, Authority’s staff or any external party shall be the liability of the Authority.

In such an event, the Authority shall request the Supplier to repair/replace the damaged

unit and reinstall the same. All costs towards the same shall be reimbursed by the

Authority to the Supplier.


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Upon completion of the Project, the Supplier shall submit to the Authority for approval a

detailed manual for maintenance (the Maintenance Manual) incorporating a detailed

preventive and breakdown maintenance regime including frequency, type and methods

of maintenance interventions. Upon approval, such the maintenance regime shall be

followed strictly. The Manual shall not conflict with provisions of the Tender Document/

subsequent Agreement.

If the repair of a unit is likely to take substantial time, then Authority may request the

supplier to temporarily replace the unit until the original unit is repaired and replaced,

failing which the Authority shall reserve the right to claim damages.

8.4 Insurance

8.4.1 Insurance during the entire period

The Supplier shall, at its cost and expense, purchase and maintain during the

Implementation Period, Warranty Period and the AMC period, such insurances as are

necessary, including but not limited to the following:

(a) Supplier’s all risk insurance;

(b) Comprehensive third party liability insurance including injury or death to

personnel of Persons who may enter the Project Site;

(c) Workmen’s compensation insurance;

(d) Any other insurance that may be necessary to protect the Supplier, its employees

and its assets (against loss, damage or destruction at replacement value)

including all Force Majeure Events that are insurable and not otherwise covered in

items (a) to (c).

The Supplier shall, from time to time, provide to the Authority copies of all insurance

policies (or appropriate endorsements, certifications or other satisfactory evidence of

insurance) obtained by the Supplier in accordance with this Tender.


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8.4.2 Application of Insurance Proceeds

(a) All moneys received under insurance policies shall be promptly applied by the

Supplier towards repair or renovation or restoration or substitution of the supplied

units or any work related to it or any part thereof which may have been damaged

or destroyed.

(b) The Supplier shall carry out such repair or renovation or restoration or

substitution to the extent possible in such manner that the supplied units or any

part thereof, shall, after such repair or renovation or restoration or substitution be

as far as possible in the same condition as they were before such damage or

destruction, normal wear and tear excepted.

8.4.3 Validity of the Insurance Cover

The Supplier shall pay the premium payable on such insurance policy(ies) so as to keep

the policy(ies) in force and valid throughout the Period of Warranty and AMC period and

furnish copies of the same to the Authority. Each insurance policy shall provide that the

same shall not be cancelled or terminated unless 10 Days' clear notice of cancellation is

provided to the Authority in writing. If at any time the Supplier fails to purchase and

maintain in full force and effect any and all of the insurances required under this

tender/subsequent agreement, the Authority may at its option purchase and maintain

such insurance and all sums incurred by the Authority therefore shall be reimbursed by

the Supplier forthwith on demand, failing which the same shall be recovered by the

Authority by exercising right of set off or otherwise.


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9 COMMERCIAL AND PAYMENT TERMS

9.1 Payment for Supply

Upon successful Project Completion or its part thereof depending on the work order, the

Authority undertakes to pay the Supplier 50% of the invoiced amount upon successful

installation and demonstration of operations within 30 days of the delivery of the Invoice

to it, provided such obligation is not delayed on account of events beyond the control of

the Authority such as Force Majeure and further provided that the invoice is presented

along with Completion Certificate for the units represented in the invoice. 40% of the

amount shall be paid on 3 months satisfactory operations of the System and the balance

10% shall be paid on 6 months of satisfactory operations of the concerned units.

Payment can be made as per batch wise orders placed.

If the successful installation and commissioning of the units is delayed as per

Specifications, the Authority shall be entitled, by reasonable notice, to forfeit the

Performance Security.

Liquidated Damages for delay in supply and complete installation shall apply as specified

in the Bid Summary.

The rate approved by the Authority shall be valid for a period as specified in the bid

summary.

The payments shall be made, subject to the Authority’s right to deduct payments if any,

towards any damages, unsatisfactory services etc as per the provisions of the Tender.

No payment shall be made for part supply, part installation or part commissioning of any

individual units of the Flap gates/ Turnstiles. While payment can be invoiced for one or

more units, a completion certificate corresponding to each of the units represented in

the invoice must be submitted.


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9.2 Payment for Annual Maintenance Contract

Payment during the Annual Maintenance Contract period shall be made annually at the

end of each such year of the contract after issue of Satisfactory Service Certificate for

the payment tenure from the Authority.

The total amount payable for Annual Maintenance Contract of each supplied unit for a

period mentioned in the Bid Summary shall be quoted in the Price Bid.


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10 GENERAL TENDER CONDITIONS

10.1 Letter of Acceptance & Agreement

As the first step for the assignment, the Authority shall issue the successful Bidder a

Letter of Acceptance. This letter will refer to the proposal and confirm its acceptance.

The parties agree to enter into an agreement in due course which shall consist of these

Terms and Conditions- as mutually agreed between the parties and the additional terms

that the Authority finds suitable for the execution of this Contract.

10.2Work Order

Work Order once placed by the Authority cannot be cancelled or amended in normal

circumstances. But in case of any emergency situations it can be amended on mutual

consent in writing.

10.3 Lead Time and Liquidated Damages

The successful Bidder will be given a Request for Supply of certain number of units of

Flap gates/ Turnstiles. Such units will be required to be supplied and installed within the

time as mentioned in the Bid Summary of this tender document. The liquidated damages

in case of non-compliance would be as per the Bid Summary.

10.4Quantity Variation

In case of variation in quantity purchased, no claim shall be entertained or become

payable for price variation of supplied units.

10.5Tax liability

The Prices mentioned in the Price Bid should include all taxes applicable as on the date

of submission of the Tender. Any deviations due to change in the rate of taxes and

duties or any introduction of new taxes and duties would be adjusted at actual with

mutual consent from the Supplier and the Authority. The Authority shall be entitled to

deduct tax at source as may be applicable. The TDS certificate(s) shall be submitted as

per the due date specified in the Income Tax Act.


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10.6 Change Management Procedure

Any changes having technical or commercial implications will have to be mutually agreed

upon in advance, prior to making the change. In case of situations, that the impact is

not dependent on one or both parties’ agreement, the revised commercials will be

effective from the date of impact.

For avoidance of doubt, the parties expressly agree that:

a) Change Request shall not be effective and binding unless agreed in writing and

signed by both Authority and supplier.

b) The payment of any additional cost agreed under a Change Request shall be in

addition to the payments agreed upon under the Tender between the two parties.

c) Upon a Change Request becoming effective, the Works Schedule shallautomatically stand adjusted by the additional time required for implementing the

Change Request.

10.7Termination of Contract and Termination payment

This Contract may be terminated by either party:

1) By mutual agreement or by either party for its convenience by giving four week

written notice, or

2) In case of breach by one party of the terms and conditions of this tender and its

failure to remedy such breach within a period of four weeks from date of receipt

of a default notice in this regard from the non breaching party to the breaching

party, or

3) in case of the filing by or against the other Party in any court of competent

jurisdiction of a petition in bankruptcy or insolvency, or for a scheme of

rearrangement (reorganization) with creditors, for the appointment of a receiver

or trustees; or the making of an assignment for the benefit of creditors.

In case of issue of termination notice, the Authority will pay Supplier all payments due

as of the termination date stated in the notice, including those for the proportion of work

completed in the on-going stage, until termination.


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10.8Dispute Resolution

In the event of a dispute or difference of any nature whatsoever between the Supplier

and the Authority during the course of the Works, the same shall be referred to the

Municipal Commissioner for resolution. The decision of the Municipal Commissioner shall

be final and binding on both the parties.

10.9 Events of Default and Termination

10.9.1 Event of Default

Event of Default means the Supplier Event of Default or the Authority Event of Default or

both as the context may admit or require.

(a) Supplier Event of Default

Any of the following events shall constitute an event of default by the Supplier unless

such event has occurred as a result of Authority Event of Default or a Force Majeure

Event;

(1) The Supplier fails to commence the supply and installation works within specified

Lead Time.

(2) The Supplier fails to achieve Project Completion beyond permitted time as per the

Bid Summary of this Tender Document.

(3) Any representation made or warranties given by the Supplier under this tender is

found to be false or misleading.

(4) The Supplier creates any Encumbrance on the designated site, save and except as

otherwise expressly permitted under this Contract.

(5) The Supplier is in breach of Maintenance Requirements as per the Warranty terms

and maintenance manual.

(6) The Performance Security has been encased and appropriated in accordance with

clause and Supplier fails to replenish or provide fresh Performance Security within

Cure Period of 15 (fifteen) days.


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(7) The Supplier failed to make any payment to Authority within the Period specified in

the Tender.

(8) The Supplier submits to the Authority any statement which is false in material

particulars and which has a material effect on Authority’s right, obligations orinterests.

(9) The transfer, pursuant to law of either (a) the rights and/or obligations of the

Supplier under any of the Project Agreements, or (b) all or material part of the

Supplier except where such transfer in the reasonable opinion of Authority does not

affect the ability of the Supplier to perform, and the Supplier has the financial and

technical capability to perform, its material obligations under the Project

Agreements.

(10) A resolution is passed by the shareholders of the Supplier Company for the

voluntary winding up of the Supplier Company.

(11) Any petition for winding up of the Supplier firm/company is admitted by a court of

competent jurisdiction or the Supplier is ordered to be wound up by Court except

for the purpose of amalgamation or reconstruction, provided that, as part of such

amalgamation or reconstruction, the property, assets and undertaking of the

Supplier are transferred to the amalgamated or reconstructed entity and that the

amalgamated or reconstructed entity has unconditionally assumed the obligations

of the Supplier under this Contract, and provided that:

(a) the amalgamated or reconstructed entity has the technical capability and

operating experience necessary for the performance of its obligations under

this Contract.

(b) the amalgamated or reconstructed entity has the financial standing to perform

its obligations under this Supplier and has a credit worthiness at least as good

as that of the Supplier as at date of LOI; and

(c) each of the Contracts remains in full force and effect.


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(12) The Supplier suspends or abandons the operations of the Project without the prior

consent of Authority, provided that the Supplier shall be deemed not to have

suspended/ abandoned operation if such suspension/ abandonment was as a result

of Force Majeure Event and is only for the period such Force Majeure is continuing,

(13) The Supplier repudiates the Contract or otherwise evidences an intention not to be

bound by it.

(14) The Supplier is otherwise in Material Breach of the Contract or commits a default in

complying with any other provision of the tender document.

(b) Authority Event of Default

The following events shall constitute events of default by Authority (each an “Authority

Event of Default”), unless any such an event has occurred as a result of Supplier Event

of Default or due to a Force Majeure Event:

(1) Authority repudiates this Contract or otherwise evidences an intention not to be

bound by it.

(2) Authority or any Governmental Agency has by an act of commission or commission

created circumstances that have a Material Adverse Effect on the performance of its

obligations by the Supplier and has failed to cure the same within thirty (30) days

of notice thereof by the Supplier.

10.9.2 Termination due to Event of Default and Termination Payment

(a) Termination for Supplier Event of Default

(1) Without prejudice to any other right or remedy which Authority may have in respect

thereof under the Tender, upon the occurrence of a Supplier Event of Default,

Authority shall, subject to the provisions of the Contract, be entitled to terminate

this Contract by issuing a Termination Notice of 30 days to the Supplier, provided

that before issuing the Termination Notice, Authority shall by a notice in writing

inform the Supplier of its intention to issue the Termination Notice (the “Preliminary

Notice”). In case the underlying breach/default is not cured within a period of 7

(seven) days from the date of the Preliminary Notice (Cure Period) Authority shall


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be entitled, to terminate this Contract by issuing the Termination Notice. Provided

further, that

a. If the default is not cured within 7 (seven) days of the Preliminary Notice,

Authority shall be entitled to encash the Performance Security with a notice tothe Supplier (Encashment Notice),

b. If the default is not cured within 7 (seven) days of the Encashment Notice and a

fresh Performance Security is not furnished within the same period, Authority

shall be entitled to issue the Termination Notice.

c. Upon Termination the Authority shall be entitled for any legal remedies for

compensation as may be prescribed by law.

(b) Termination for Authority Event of Default

The Supplier may, upon the occurrence and continuation of any of Authority Event of

Default may terminate the Contract by issuing Termination Notice of 30 days to

Authority.

10.9.3 Rights of Authority on Termination

Upon Termination of this Contract for any reason whatsoever, Authority shall have the

power and authority to:

(1) Retain possession and control of Project Assets forthwith;

(2) Prohibit the Supplier and any person claiming through or under the Supplier from

entering upon the Project Assets/dealing with or any part thereof;

(3) Appoint another party or Supplier that may carry of the remaining obligations of

the Supplier.

10.9.4 Termination Payments

In case of termination, the Authority shall pay Bidder payments due as of the

termination date stated in the notice, for the proportion of work fully completed. The

Authority may, at its sole discretion, also pay termination compensation it may decide to

be reasonable in the circumstances.


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10.10Intellectual Property

The Intellectual Property Rights (IPR) in all the deliverables and documentation

associated therewith and developed or upgraded hereunder and ownership of tools,

processes, utilities, and methodology including any Supplier proprietary products or

components thereof used in the provision of services or development of deliverables and

all new ideas, inventions, innovations, or developments conceived, developed or made

by Supplier or its Consultants/Employees while providing services hereunder shall

remain the absolute property of Supplier.

10.11Liability

In no event shall the Supplier or the Authority be liable, one to the other, for special or,

indirect damages in connection with or arising out of the furnishing, performance or use

of the services or deliverables provided by Supplier under the terms of this tender

proposal.

10.12Indemnity

The Supplier shall, during the term of the whole contract, indemnify and hold the

Authority harmless from any loss, claim or damage, third party suit, proceedings,

judgments, cost and expenses (including reasonable attorney fees) relating to any

infringement claim by a third party if the same is based on any Supplier materialsprovided to Authority by or on behalf of Supplier or the access and use by Authority of

any Supplier provided software or materials in connection with Supplier’s performance of

Services hereunder without breaching the terms of the Tender.

Supplier will defend, indemnify and hold harmless Authority from and against any third-

party suit, proceeding, judgment, costs and expenses (including, reasonable attorney

fees) to the extent such action or claim is based on allegation that the Services or

Deliverables as provided to Authority by Supplier and the use thereof by Authority as

stated in the Tender constitutes an infringement of or misappropriation of the copyright,

patent, trademark or trade secret rights of any third party.


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10.13Force Majeure

Should either Party be prevented from performing any of its responsibilities (as detailed

in this proposal) by reason caused by an Act of God or any cause beyond its reasonable

control including but not limited to work stoppages, fires, riots, terrorist strikes,

accidents, explosions, floods, cyclones, storms wars, revolutions, acts of public enemies,

blockages, embargos any laws, orders, proclamations, ordinances, demands or

requirements for any government or authority or representative of any such government

including restrictive trade practices or regulations strikes, shutdowns, labor disputes

which are not instigated for the purpose of avoiding obligations herein failures and/or

fluctuations in electric power, light, telecommunications or air-conditioning equipment

the time for performance shall be extended until the operation or such cause has

ceased, provided the party affected gives prompt notice to the other of any such factorsor inability to perform, resumes performance as soon as such factors disappear or are

circumvented. Under this clause, if either party is excused performance of any obligation

for a continuous period of 30 days, then the other party may at any time thereafter

while such performance continues to be excused, terminate the Contract without

liability, by notice in writing to the other. However, the aforementioned reasons do not

include lack of personnel and non-performance of third parties hired.

The Supplier shall not be entitled to any termination payment from the Authority in case

of force majeure, including termination of contract due

Flap Gates and Turnstiles Final

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