ADDITIONAL TERMS AND CONDITIONS (ATCs) FOR CIVIL HIRED TRANSPORT

(CHT) CONTRACTS OF INDIAN ARMY ON GeM PLATFORM

NOTES:

ANY CONDITIONS OR STIPULATIONS REFERRED HERE SHALL PREVAIL OVER THE

GENERAL TERMS & CONDITIONS (GTCs) OR STIPULATIONS CONTAINED IN THE
SERVICE LEVEL AGREEMENT (SLA) IN SO FAR AS AND TO THE EXTENT TO WHICH
THE LATTER ARE IN ANY WAY REPUGNANT TO THE FORMER.

1. These ATCs are covered under following heads :-

(a) Standard & Special Conditions.

(b) Vehicle Specific Conditions:-

(i) Lt Vehicles.

(ii) Buses (AC/Non AC).

(iii) Load Carrier/CHTT.

(c) Additional Terms.

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STD AND SPL CONDITIONS

1. Effective Date of the Contract. The contract shall come into effect on the date of
signatures of both the parties on the contract Agreement (Effective Date) and shall remain
valid until the completion of the obligations of the parties under the contract. The provision
of transport services and performance of the services shall commence from the effective
date of the contract.

2. Penalty for use of Undue influence. Any act breach of the Seller or any one
employed by him or acting on his / her behalf (whether with or without the knowledge of the
Seller) or the commission of any offers by the Seller or anyone employed by him or acting
on his / her behalf, as defined in Chapter IX of the Indian Penal Code, 1860 or the
Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption
shall entitle the Buyer to cancel the contract and all or any other contracts with the Seller
and recover from the Seller the amount of any loss arising from such cancellation. A
decision of the Buyer or his / her nominee to the effect that a breach of the undertaking had
been committed shall be final and binding on the Seller.

3. Agents / Agency Commission. The Seller confirms and declares to the Buyer that
the Seller is the original provider of the services referred to in this contract and has not
engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate
or in any way to recommend to the Government of India or any of its functionaries, whether
officially or unofficially, to the award of the contract to the Seller. The Seller agrees that if it
is established at any time to the satisfaction of the Buyer that the present declaration is in
any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has
engaged any such individual/firm, and paid or intended to pay any amount, gift the Seller
will be debarred from entering into any contra ct with the Government of India for a
minimum period of five years. The Buyer will also have the right to recover any such
amount from any contracts concluded earlier with the Government of India.

4. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer

that the Seller has engaged an Agent or paid commission or influenced any person to
obtain the contract as described in clauses relating to Agents/Agency Commission and
penalty for use of undue influence, the Seller, on a specific request of the Buyer, shall
provide necessary information/ inspection of the relevant financial documents/information.

5. Non- disclosure of Contract Documents. Except with the written consent of the
Buyer/ Seller, other party shall not disclose the contract or any provision, specification or
information thereof to any third party. Declaration duly signed on official Letter Head of the
Seller as per format given at Annexure-I.

6. Notices. Any notice required or permitted by the contract shall be written in the
English language and may be delivered personally or may be sent by FAX or registered
pre-paid mail / airmail, addressed to the last known address of the party to whom it is sent.

7. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or
sublet or otherwise dispose of the contract or any part thereof, as well as to give or to let a
third party take benefit or advantage of the present contract or any part thereof.

8. Amendments. No provision of this Bid document shall be changed or modified in

any way (including this provision) either in whole or in part except by an instrument in
writing made after the date of this contract and signed on behalf of both the parties and
which expressly states to amend the present contract.
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9. Tax and Duties.

(a) GST. As made applicable by Government of India from time to time.

(b) Toll Tax/ Entry Tax/ Octroi Duty & Local Taxes. No separate payment
would be made by the Buyer for Toll Taxes, Entry Taxes, Octroi duty and local
Taxes, if any. The Seller should cater for these Taxes/ duties as part of Basic Rate
quoted in the Bid.

(c) TDS. TDS as applicable will be deducted.

10. Tolerance Clause. To take care of any change in the requirement during the period
starting from issue Bid till placement of the contract, Buyer reserves the right to 50%
plus/minus increase or decrease the quantity of the required goods up to that limit without
any change in the terms & conditions and prices quoted by the Seller. While awarding the
contract, the quantity ordered can be increased or decreased by the Buyer within this
tolerance limit.

11. Fall Clause. The following Fall Clause is applicable:-

(a) The price charged by the Seller for the services for / in / from / to a particular
Station under the contract shall in no event exceed the lowest prices at which the
Seller sells the services or offers to sell services of identical description to any
persons/Organization including the purchaser or any department of the Central or
State Government or any statutory undertaking of the Central or State Government
as the case may be, during the currency of the contract.

(b) If at any time, during the said period the Seller sells or offers the services to
any persons/ Organization as mentioned above, at a price lower than the price
chargeable under this contract, then he shall notify such reduction or sale or offer of
sale to the Buyer immediately and the price payable under this contract for such
services shall stand correspondingly reduced.

(c) The Seller shall furnish a certificate to the Paying Authority along with each
bill for payment for services delivered against the contract in this regard.

12. Termination of Contract. In addition to anything mentioned in this document, the

Buyer shall have the right to terminate this contract in part or in full in any of the following
cases:-

(a) The delivery of transport service is delayed due to causes not attributable to
Force Majeure for more than five occasions in a month and / or 15 times during
currency of the contract.

(b) The Seller is declared bankrupt or becomes insolvent.

(c) As per decision of the Arbitration Tribunal.

(d) The Buyer has noticed that the Seller has utilized the services of any
Indian/Foreign agent in getting this contract and paid any commission to such
individual/ company etc.
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(e) Notwithstanding anything to the contrary herein contained if the Military

situation necessitates such a course, this contract may be terminated by the Buyer
giving the Seller 60 days notice at any time without the Seller being entitled any
compensation on that account.

13. Rescission of Contract. The Buyer may rescind the contract by notice to Seller in
writing:-

(a) If the Seller assigns or sublets the contract or, if Seller attempts to do so.

(b) If Seller or any of his / her agents or servants shall:-

(i) Be guilty of fraud in respect of the contract, or any other contract

entered into by the Seller with Government; or

(ii) Directly or indirectly give, promise or offer any bribe, gratuity, gift, loan,
perquisite reward or advantage pecuniary or otherwise to any Officer or
person in the employment of the Government in any way relating to such
officer’s / person’s office or employment.

(c) If any such Officer or persons, mentioned in / sub paragraph (b) (ii) of this
Para, become in any way directly or indirectly interested in the contract.

(d) If Seller or any of his / her partners become insolvent or apply for relief as an
insolvent debtor or commence any insolvency proceedings or make any composition
with creditors or attempt to do so or in the case of being a registered company, any
order is duly made or any resolution is duly passed for winding up of the company.

(e) If it should transpire that Seller is doing business conjointly with any other
contractor(s) or that Seller is a partner in any other firm(s) on the Approved List of
Contractors of Headquarters Command.

(f) If Seller fails to deposit the Performance Bank Guarantee.

(g) In case of such rescission, Seller’s P BG (or such portion thereof as the Buyer
shall consider adequate) shall stand forfeited and be absolutely at the disposal of
Government, without prejudice to any other remedy action that the Government may
have or take.

(h) If this contract is for more than one station, its rescission under these
conditions shall not be affected by the acceptance, meanwhile or subsequently, or
supplies/services accepted or made at any station in ignorance of the rescission.

(j) In case of such rescission the Government shall be entitled to recover from
Seller on demand any extra expense the Government may be put to in obtaining
supplies/services hereby agreed to be supplied, from elsewhere in any manner, for
the remainder of the period for which this contract was entered into, without
prejudice to any other remedy the Government may have.
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14. Arbitration. All disputes or differences arising out of or in connection with this
Contract shall be settled by bilateral discussions. Any dispute, disagreement or question
arising out of or relating to the Contract or relating to construction or performance, which
cannot be settled amicably, may be resolved through arbitration. The standard clause of
arbitration is as per applicable Form of DPM-7.(Note - In the event of the parties deciding to
refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be
appointed by each party and the case will be referred to the Indian Council of Arbitration
(ICADR) for nomination of the third arbitrator. The fees of the arbitrator appointed by the
parties shall be borne by each party and the fees of the third arbitrator, if appointed, shall
be equally shared by the buyer and the Seller).

15. Force Majeure Clause.

(a) Neither party shall bear responsibility for the complete or partial non-
performance of any of its obligations (except for failure to pay any sum which has
become due on account of receipt of goods under the provisions of the present
contract), if the non-performance results from such Force Majeure circumstances as
Flood, Fire, Earth Quake and other acts of God as well as War, Military operation,
blockade, Acts or Actions of State Authorities or any other circumstances beyond the
parties control that have arisen after the conclusion of the present contract.

(b) In such circumstances the time stipulated for the performance of an obligation
under the present contract is extended correspondingly for the period of time of
action of these circumstances and their consequences.

(c) The party for which it becomes impossible to meet obligations under this
contract due to Force Majeure conditions, is to notify in written form the other party of
the beginning and cessation of the above circumstances immediately, but in any
case not later than 10 (Ten) days from the moment of their beginning.

(d) Certificate of a Chamber of Commerce (Commerce and Industry) or other

competent authority or organization of the respective country shall be a sufficient
proof of commencement and cessation of the above circumstances.

(e) If the impossibility of complete or partial performance of an obligation lasts for

more than 6 (six) months, either party hereto reserves the right to terminate the
contract totally or partially upon giving prior written notice of 30 (thirty) days to the
other party of the intention to terminate without any liability other than reimbursement
on the terms provided in the agreement for the goods received.
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VEH SPECIFIC CONDITIONS

LIGHT VEHS

1. Light Vehicle CHT supplied by Seller will have the following fitments at no extra cost
to the Buyer:-

(a) One Star Plate on the front end of the vehicle and one Star Plate at the rear
end the vehicle.

(b) Flag rod at the front end (nose) of the vehicle.

(c) Siren and Dome light (flashing) on the roof, if and when required.

(d) Fire extinguisher.

BUSES (AC/NON AC)

BUSES (AC)

1. Should have 2 x 2 cushioned seats on either side of the aisle. The seats will have
good quality cushion material.

2. Good quality clean seat covers should be provided.

3. Seats will be reclining push back with at least two stages of adjustment. Head rest is
mandatory with each seat.

4. Driver compartment should be separated from passengers with a sound proof

partition.

5. Drinking water should be available in the bus, consisting of a 40 ltrs stainless steel
container of good quality duly strapped with push button tap.

6. Clean side curtains will be provided which should be free sliding.

7. Overhead luggage carrier with waterproof covers should be provided on the roof.

8. Two emergency exits/break glass facility are mandatory.

10. Main entrance of the bus should have collapsible/sliding doors.

11. Music system in working condition with speakers, evenly distributed.

12. Outer appearance of the bus should be compatible to a standard deluxe bus.
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BUSES (NON
AC)
1. Outer appearance of the bus should be compatible to a standard bus. It will not
have dented body and window glasses will be intact. Buses with broken window panes will
be rejected.

2. Seats will have good quality cushion.

3. Two emergency exits/break glass facility will be provided, i.e. one on each side.

4. Overhead luggage carriers with water proof covers should be provided on the roof.

5. Drinking water should be available in the bus, consisting of a 40 ltrs stainless steel
container of good quality duly strapped with push button tap.

6. Bus must be properly cleaned from inside and outside.

Load Carrier/CHTT

1. Maximum permissible weight to be loaded in a particular type of vehicle will be as

per its RC/ instructions issued by respective RTO / RTA.

2. Any dispute as to the capacity of vehicles shall be determined by the COO or an

Officer acting on his / her behalf, whose decision shall be final.

3. Seller will lift whatever type of stores/equipment i.e. Supply/Ordnance/

Engineers/Miscellaneous stores and FOL including Arms & explosives or any other stores
as directed to be lifted by the Government at the rates given in this agreement.

4. A representative of the Seller shall be allowed to supervise the loading/unloading at

the loading/unloading installation.

5. Seller shall take all necessary precautions for proper loading and conveyance of
stores fully protected from loss or damaged due to water or fire or dust or shock or
exposure to sun/dampness/ moisture etc. If there is any dispute as to what is necessary
under this head, the same will be decided by COO, whose decision shall be final.

6. In case of carriage of FOL products, the Seller / Driver will satisfy themselves that
the seals of barrels /Jerri can /tins are intact at the time of collection / loading of vehicles.

7. Seller shall provide all gear (including serviceable loading ropes and water proof
sheets and tarpaulins) for use on the CHTs in inclement weather.

8. Vehicles will neither be detained after loading nor will be diverted by the Seller / their
accredited agents to any other duty other than authorized by the COO, and will proceed
directly to their destinations.

9. Seller will be responsible for safe carriage of stores/luggage/personnel and will not
divulge to any one the nature of duty, destination and other information connected with
defence efforts.

10. Seller will not be permitted to carry any unauthorized person/luggage and stores in
the vehicle once hired.
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11. In case the vehicle once hired by the COO is found carrying double load ie the
vehicle loaded from one depot / location is found carrying additional load of another vehicle
hired by the COO or any other agency, carriage charges of both the vehicles will not be
paid.

12. No transshipment of the consignment by the driver / Seller will be permitted without
prior permission of the COO. In the event of breakdown of the vehicle en-route,
transshipment of military stores may be affected at Seller’s risk/cost and immediate
information of the same will be given to the COO or his / her representatives on telephone.
Any damage to military goods during such transshipment will be made good by the Seller
without any representation as asked for by the Consignee / COO.
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ADDL TERMS

General

01. Vintage of the Vehicles. Vintage of the vehicles which will qualify the Seller for
securing the contracts are as given as under:-

Ser Type of Vehicles Vintage as on 01 Apr of Financial Year

No
(a) Light Vehicles 06 Years
(b) Buses 10 Years
(c) Load Carrying 12 Years
Vehicles
(d) Water Bowser/ No stipulation (Vehicles to be in good mechanical
Specialist Vehicles Condition)

02. The fwg conditions to be considered by Bidders :-

(a) There is no guarantee that the requirement shall remain at this level
throughout the period of contract and also may not be evenly distributed over the
period of this contract.

(b) Non claim for compensation whatsoever shall be made by vender or

represented by the Government on any reduction in demand resulting in utilization
above/ below the scheduled quantities.

(c) In case vehicles are not hired due to non availability of funds, no claim for any
compensation on this account will be admissible. In the event of withdrawal (or
reduction in the number) of troops and consequent reduction in demand or due to
any other reason the requirement also may become nil and no claim for same would
by permissible.

(d) Presently there is no provn in the ATC for payment of min charge when the
load carrier CHTs for which demand was placed arrived at the user unit loc,
however the demand got cancelled post lading of the CHT and the same was
de- hired after unlading on the same day.

Contract Operating Officer(s)

03. The Buyer may authorize one or more officers as Consignees or Contract Operating
Officers (COOs) to operate the contract on his / her behalf. The Seller will accept and carry
out all instructions given by such COOs or their representatives in connection with this
contract.

04. COOs may change during the currency of the contract due to functional reasons for
which the Seller shall have no objection.

Sellers / Accredited Agents, Drivers and Staff Employed by the Sellers

05. If the contract is not handled by Seller personally, the Seller will employ reliable
accredited agent(s) holding power of attorney who may be approved by the COO. Agent(s)
considered undesirable by the COO would be replaced by Seller within three days.
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06. Seller and the accredited agent will give their full verifiable address and telephone
numbers to the COOs where they can be contacted or the demand for the CHTs can be
placed. Any change in the contact details will immediately be informed to the COOs.

07. All persons employed by the Seller in handling CHT vehicles under the contract shall
be healthy and clean in person and clothing. They will be subject to medical examination as
and when desired by the authorities concerned. Persons found to be medically unsuitable
will be replaced without delay and time spent for replacement will be borne by the Seller.

08. Antecedents and character of all drivers and co-drivers will be verified by Police.
Police Verification will be handed over to the COO seven days before the commencement
of contract. In case the driver or/and co-driver are changed for any reason, the Police
Verification of the new incumbents(s) will be deposited with COO within 24 hours of
commencement of duty.

09. There should be nothing outstanding against the vehicles / persons employed by the
Seller for this contract in records of any law enforcement agency.

11. Do’s and Don’ts pertaining to dress of driver and his conduct with the user may be
formulated and handed over by the COOs / users for strict compliance by the Seller/driver.

11. The etiquettes, conduct and behavior of the drivers should be sober, amicable and
acceptable. At no stage the driver will be rude and retaliate/enter into an argument with the
users.

12. Driver of a vehicle will be changed immediately, if so desired by the COO or officer
using CHT.

13. All CHT vehicle drivers will be in possession of a working mobile telephone.

14. The driver should be in possession of his / her driving license and requisite
documents.

Common Terms for All Types of Vehicles Required Under the Contract

15. All Vehicles tendered will be registered/approved by the concerned RTO/RTA as

commercial transport and all taxes paid on due date.

16. For operation of the contractual obligations in the protected areas / States, where &
when required, all drivers and other staff employed will be in possession of inner line
permit / validated card issued by the civil administrative authorities.

17. A valid route permit is held for each and every vehicle provided to the Government
under this agreement.

18. “ON MILITARY DUTY” board will be displayed on the vehicles under the contract
only when hired by the Buyer.

19. Vehicles will fumigate/disinfect against infectious diseases, if any, as desired by

military authorities. All expenses in this connection will be borne by the Seller.

20. Seller cannot claim to be issued with Petrol/ Diesel/ Fuel/ Oil/ Lubricants, either free
or on payment for his vehicles, from military sources.
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22. Seller will ensure that vehicles are mechanically fit and in good condition and check
the following before sending the vehicles on duty:-

(a) Wipers, light, indicators, beacon lights, horn and kilometer head are working.

(b) Tyre pressure is accurate and tyres are in good condition.

(c) Vehicle should be in mechanically fit condition and there should not be any
vibration/ unwanted sound from Engine / Exhaust / Body.

(d) There is adequate fuel in the fuel tank.

(e) Good condition of interior upholstery of the vehicle.

(f) Possession of valid Pollution under control certificate.

(g) Brake and clutch are in serviceable condition.

(h) Good quality curtains will be provided in the windows of buses.

(j) The seats of the vehicle should be comfortable.

(k) A First Aid Box with appropriate medicines should be placed in Buses.

(l) One serviceable spare wheel.

(m) Necessary spares and tools for repairs.

(n) Spare cans filled with oil and water.

(o) Serviceable Fire extinguisher.

Demand of Vehicles & Transport Indents

23. The civil vehicles required under the contract include those for conveyance of stores,
officials, personnel and civilians of Army, Navy, Air Force, Para Military Forces,
Central/State Governments and Nationals of other countries for whose subsistence
Government of India accepts responsibility and who happen to be or come into the area
covered by the contract.

24. Seller’s accredited representative will report to the COO at the designated time and
place for collecting the demand of transport required and the transport will be provided by
the seller on the date and time specified.

25. In case Seller/or accredited representative does not report, the demand of transport
dispatched by post/ through dispatch rider / message on the last known address / mobile
number of the Seller / accredited agents of the Seller by the COO will be taken as received
by the Seller and normal procedure for hiring of transport at risk and expense of the Seller
will be initiated in case of failure on part of the Seller.

26. Normally 24 hour notice will be given for provision of a vehicle. In cases of urgent
military necessity, the transport may be demanded over the telephone. In such cases
covering indents will be submitted by the COO / indenting unit.
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27. Seller shall have no objection to the increase/decrease of the demand of vehicle
placed by the COO, provided such changes are made within six hours in advance.
However, a demand placed earlier may be cancelled at the last moment even on arrival of
the vehicle for duty at reporting point / parking area.

28. Transport indented for by the COOs will be supplied at the time and place given in
the order issued by COOs / authorized representatives. All vehicles will report to nominated
reporting place / vehicle parking area as specified by the COOs or their authorized
representatives. No vehicle driver will be permitted to leave the vehicle unattended.

29. Seller or accredited agent(s) will initial the Car Diary at the time of commencement of
duty and obtain full signature of officer using the vehicles.

30. Time and Kilometer of duty will commence at the parking area / reporting point as
specified by COO. No extra Km / time will be given for vehicle to report from garage or
return.

31. On completion of duty, signature of the COO / his / her representative on the Car
Diary and other relevant documents will be obtained.

32. Seller shall undertake to complete the service within the reasonable specified time
as required by the COO and Seller shall employ such transport as will be necessary to
complete the service within the specified time.

Inspection / Rejection of Vehicles

33. The vehicles provided under this contract shall be according to qualitative standards
as the Buyer shall approve.

34. The COO or his / her authorized representative(s) or any other officer acting on
behalf of the Buyer may, at any time, inspect the CHTs tendered by the Seller under this
contract, physically or mechanically and Seller shall comply, without unnecessary delay,
with any reasonable instructions or suggestions issued by such Officer consequent to such
inspection.

35. Seller shall neither claim nor be entitled to payment for any damage that rejected
transport may suffer or any other harm incidental to a full and proper examination and test
of such transport.

36. Any CHTs rejected by any of the authorities on inspection, before or during use of
the vehicle, will be replaced by Seller at once. Time spent for replacement will not be
calculated for payment.

37. The officer to whom CHT services are to be provided may reject the transport, if in
his / her opinion the transport provided does not meet the requisite qualitative standards.

38. Seller shall not charge or be paid for transport rejected as per provisions contained
herein, and such transport shall be removed by Seller at his / her own expense.

39. If not replaced within an hour the contract-operating officer concerned may arrange
the vehicle from any other source(s) at Seller’s risk and expense. Any transport arranged
from any source shall be charged at local market rate prevailing at the time.
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40. Risk & Expense Clause. In the event of:-

(a) Rejection of Vehicles, as described above, or on account of Seller’s failing,

declining, neglecting or delaying to comply with any requisition or otherwise not
executing the same in accordance with the terms of the contract, the COO or his /
her successor in office shall be at liberty (without prejudice to any other remedy the
Government may have on account of any claim for compensation against loss and
inconvenience caused by such breach or non-performance of the contract) to hire
from any other source, at Seller’s risk and expense, such services as may have
been rejected or that Seller may have failed, declined, neglected or delayed to
supply.

(b) Extra expenditure, if any, on account of risk and expense purchase of the
service made by the Government as above, will be deducted out of Seller’s payment
of bills due to the Seller or from Performance Guarantee.

(c) In the event of vehicle(s) arranged from other sources at risk and expense of
the Seller in accordance with the terms of the contract, the amount of excess
incidental expenditure, if any, involved in having to meet the complete demand out of
Civil Hired Transport, will be in addition to the amount recoverable from Seller, for
making such arrangement and be charged from Seller.

(d) Seller agrees to pay hire charges for the Government transport supplied, if
any, to Seller on request in case of failure of transport services due to any cause(s),
at the rates fixed by the Government in accordance with orders which may be
current at the time the transport is hired. Seller clearly understands that the aforesaid
clause does not in any way bind or obliges the Government to provide the Seller with
the services. The decision of the COO in this matter will be final and binding on
Seller.

Deliveries

41. Seller will adhere to the time permissible to travel the distance on the specified route
as per the instructions which will include routine halts, halts due to security reasons
imposed by the Civil/Army authorities, convoy timing if any, repairs en-route repair /
maintenance timing and so on to ensure the official(s)/stores reach the destination in time.
However, if the vehicle is not able to reach the destination by the expected time of arrival
the driver will get his / her copy of transport indent endorsed from Civil Police authority and
Army TCP stating the reasons for delay.

42. With respect to delivery of vehicle(s) /service(s) from one station to the other, the
time taken for the same shall be in conjunction with the distance travelled on the basis of
speed/KM ratio and type of terrain. In case of any contingencies occurring en-route, like
vehicle breaking down, it would be entirely binding upon the Seller to arrange for a relief
vehicle.

43. Any delay beyond stipulated number of days for various routes may be waived off by
the Buyer (if circumstances were beyond the control of the Seller like road closure or
adverse law & order situation) as follows:-

(a) Officer Operating the contract - 04 days (without penalty)

(b) Next Higher Army Authority - 10 days (with penalties as applicable, if there
are no justifiable reasons).
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Note. For various destinations, the yardstick/general guidelines as below will be applied, to
arrive at maximum time permissible.

(a) Mountains - Approximate 200 Km per day.

(b) Plains - Approximate 400 Km per day.
(c) Loading/Convoy Allowance - 12 hours for waiting after loading till
the vehicle joins the convoy. The
same will not be applicable for
vehicles moving independently.

44. In case the Seller fails to deliver the goods at the specified destination within
reasonable time of travel, the COO, or his representative will be at liberty to withhold
payment of present/previous bills corresponding to the cost of stores including
departmental /incidental charge or such charges fixed by the Buyer from time to time,
depending on the merits of the case. The decision of the Buyer will be final and binding on
the parties to this agreement.

45. Penalties given below may be imposed on the Seller for the delay in delivering
goods (Load Carriers) at destinations based on merit of each case :-

(a) Delay up to 4 days - Warning

(b) Delay 5 - 10 days - 5 % of the cost of transportation

(c) Delay 11 - 20 days - 10% of the cost of transportation

(d) Delay beyond 20 days - Penalties to be decided by Buyer on merit
of the case. Payment will be withheld by
COO till decision by Executive Officer.

Note. Time period permitted for loading/ unloading will be exclusive of the journey period
while calculating delivery period of stocks. In case of road closure/ disruption due to
landslide/ Natural Calamities/ Enemy action/ due to strike and civil disturbances, the
penalties may be exempted by the Executive Officer based on recommendation of
the COO who shall ensure authentic proof is part of the documents submitted for
exemption of penalties such as reports received from concerned formation HQ /
Officer Commanding nearest Army unit / Traffic Check Post / Regulating Centre/
Police Stn /Media reports (electronic media or newspaper).

46. Seller agrees that rates quoted for nominated station (where applicable, on Km basis
contracts, e.g. Light vehicles, Water Bowser, Buses/Trucks) will also be applicable for allied
stations at same terms and conditions. Allied stations will be nominated by Headquarters
Station and specifically mentioned allied stations may be away from main stations. The
allied stations may thus have additional COOs. Rates of Km basis contracts will only be
used for requirements for/from allied station where no contracts exist.

47. Seller shall agree to carry/transport stores and personnel in load carriers and buses
on fixed station to station contracts at any point/place indicated by the consignee or
consignor within 50 km of starting station and unloading station without any additional
charges (in long route contracts) in case such transport is diverted to another destination
due to exigencies of service, provided general road and load carrying conditions are similar.
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48. Seller shall deliver the goods at the destination. In case the Seller is unable to do so
due to accident / breakdown of vehicles or natural calamities, he will lodge a proper report
at the nearest Police Station and also inform the COO.

Emergencies & Restrictions

49. In the event of a state of emergency being declared by the President of India in the
area where this contract is operational, and the control of civil transport is required to be
taken over by the Civil or Military authorities, Seller agree to obtain Buyer’s requirements
for the purpose of this contract through and under the supervision of the same authorities
and without extra cost to the Government, i.e., without altering the original tendered rate for
hiring under the contract.

50. After the state of emergency has been declared by the President of India which
covers the area in which the contract is held, the Buyer will have the sole discretion to
decide the date from which the Military situation warrants the termination of the contract
and such date will be communicated to Seller in writing and Seller agrees to accept this
decision as fully binding from that date.
51. Seller will be liable to perform the duties detailed by the COO/ his / her
representatives, as and when detailed irrespective of the prevailing conditions in the Station
or enroute for example natural calamities like flood, earthquake etc and during strike, civil
disturbances / outbreak of hostilities. No additional compensation will be paid for such
duties.

52. In the event of a road block, the Seller will provide vehicles through diversions routes
at the same rates / terms and conditions.

Accident & Insurance

53. All vehicles tendered will have valid comprehensive insurance. The Seller shall
certify that the Seller has valid insurance of the vehicles being supplied under this contract
to cover all the benefits payable to those concerned and the Seller shall undertake to
continue the insurance for the period that the agreement is in force.

54. The Seller shall undertake to produce evidence to the satisfaction of the Buyer that
the insurance company, with which insurance all vehicles being tendered under this
contract has been affected, has received notice(s) that the Government is interested in the
policy of insurance.

55. Seller agrees and will be responsible, for any untoward happening like accident /
death of drivers during duties and Seller will not claim any compensation from the
Government.
56. The Seller shall indemnify the Government against any claim action or demands
relating to any accident or damage that may occur to any vehicles(s) and driver(s)
employed by the Seller under this contract or to any person involved in such accident.

57. In the case of any accident, the Seller or his / her representative will inform the
nearest Police Station. Court of Inquiry as in case of Army vehicle will be conducted and
the decision of the Indian Army in this regard shall be binding and final.

58. In case of any accident during the performance of the duty, the cost of damage to
the vehicle will be borne by the Seller. No compensation will be given by the Army
authorities.
 16

Payments

59. In the event of any damage, loss or depreciation to any articles handed over under
this agreement, owing to neglect or delay on Seller’s part, the Seller shall be liable to pay
compensation to the Government up to the value of stores so lost, damaged or depreciated
and the compensation to be paid by the Seller shall be that decided by the Indian Army.

60. In case of any doubt on payment clause, the payment will be made by adopting
payment rates which are most economical to the Buyer.

61. No payment shall be admissible for any period of time spent on halts for food, water,
rest, refueling, maintenance, repairs or for any other purposes, not specifically authorized
by the Schedule/COO while employing the transport.

62. No separate charge for loading/unloading period is applicable.

63. Seller shall submit to the COO (Consignee) 100% of bills (in English), for all vehicles
provided for each station duly accepted during the preceding month or fortnight, as the
case may be, by eighth and/or twenty third day of each month depending upon payment
being monthly or fortnightly.

64. The bills will be presented by Seller on the correct printed forms which shall be
obtained by Seller from the COO/ Consignee and shall be receipted by Seller and be
supported by the receipted vouchers given to the Seller by Receiving Officer and the Car
Diary for each vehicle hired given to Seller by COO.

65. The charge in these bills shall always be entered at the same rates as have been
accepted in the contract and under such clause of the contract as pertains to it and is
specified by the COO / Consignee in the requisition or order.

66. If any retrenchment is made in payment of any bill submitted by Seller other than in
respect of an ordinary audit objection and except in respect of recoveries under various
clauses of this contract on which final decisions have already been given, such
retrenchment shall be subject to an appeal, if preferred by Seller in writing within one
month, to the Buyer, whose decision shall be accepted by Seller as final. If the
retrenchment is withdrawn and submission of a fresh bill for the amount retrenched is
sanctioned, Seller shall submit this bill with all necessary supporting vouchers, within fifteen
days of such decision being given.

67. Army escorts and Dogs may travel in the transport from the starting point to the
destination, if considered necessary, at no extra cost.

68. Vehicles hired from plains/hills / High Altitude Area (HAA) going to HAA / hills/plains
will be paid as per rate for actual run kilometers in these Geographical Areas.

69. It will be ensured before submission of Sellers bill and connected documents to the
Paying authority concerned that all entries overwritten/altered are entered afresh and
attested by the officer concerned as many times as fresh entries are made.

70. Sellers required to acknowledge receipts of all cheques issued in their favour, if sent
by post, within 15 days from the date of their receipts. Failure on their part to acknowledge
receipt will render Seller liable to forfeit the privilege of receiving cheques by post, unless a
satisfactory explanation is furnished for default in this respect.
 17

71. No additional claim will be permissible for duties performed on Sundays/Holidays

(Including National Holidays).

72. In case of any inconvenience/changes in any of the input items for transport like
tyre/tubes, battery spare parts and Fuel, Oil & Lubricants items etc, no additional
compensation will be liable to be paid during the contractual period and Seller will not ask
any relaxation/variation of conditions.

73. OC unit / Consignor will issue a certificate for voluminous loads, if any, and payment
will be made as per demanded vehicle capacity, when voluminous loads are loaded in a
truck to its full volumetric capacity, which may weigh less than the carrying capacity of the
truck. Also if fewer loads are loaded in the vehicle and mixing of any other load is not
permitted due to operational/ technical reasons, payment up to the payload capacity of the
vehicle as demanded by the Buyer will be allowed on the basis of a certificate to this effect
by the consignor/COO.

74. For payment (Load Carriers only) a weighment slip obtained at the destination/
Correct Receipt Certificate by consignee will be mandatory.

75. Payment for Local Duties (All Category of Vehicles).The following parameters
will be applicable:-

(a) Local Duty. The limits of Local Duty in any station for vehicles hired under
this category will be decided by Competent Army Authorities.

(b) For application of extra hours / extra kms clauses in Local Duty; thirty minutes
and above will be charged as one hour and time below thirty minutes will be ignored.

(c) The payment for local duties will progress bracket wise. Each lower bracket
will be considered to be crossed if any of the km or time of that bracket is crossed.
Beyond the highest bracket i.e 8hours / 80 Km or 10 hours / 80 Km (or as may be
the highest bracket fixed for Local Duty in this contract) payment will first be made
for highest bracket and thereafter for extra hour or extra Km run whichever is more.
Rates for per hour or per km will be applicable only after the highest bracket of
Hours and / or Km is exceeded.

(d) Since hiring for local duties is done on daily basis and the vehicle is de-hired
at the end of the day, no night halt charges will be admissible.

76. Payment for Day Halt for Out Station Duties (Light Vehicles & Buses). CHT
when hired for outstation and retained for further duties on the next day to be paid
minimum 80 Kms as day halt. The following parameters will be applicable for halt
charges :-

(a) One Way Outstation Duties Where the Vehicle is De-hired at Destination.

(i) The clause will be applicable only when existing GeM usage variant is
found insufficient to cover the move.

(ii) The vehicles hired on such outstation duties will be paid at the rate of
usage variant for outstation duties. Such vehicles will be de-hired immediately
after reaching the destination.
 18

(iii) In case the vehicle is retained at out station for further duty on the next
day(s), then day halt charges as per day of outstation duty will be applicable if
vehicle performs duties while at out station for less than 80km. But if at out
station the vehicle runs more than 80 km on a particular day, then day halt
charges for that particular day of outstation duty will not be applicable and the
payment instead for such days will be made as per usage variant. The
payment for day halt charges will be made as under :-

(aa) Amount admissible for 80 kms at the rate of usage variant of the
contract for out stn duties (one way). The day halt charges as above
will be applicable for the No of days for which light vehs perform less
than 80 kms at out stn.

(iv) In exceptional cases, if due to administrative reasons the vehicle

remains static for the night, then the night halt charges will be paid as
applicable from 2201 hours to 0559 hours. Incase of accident, mechanical
failure or due to any fault of the driver or contractor, night halt will not be
applicable. In case the vehicle is on the duty between 2201 hours to 0559
hours, no night halt charges will be given.

(v) The entries will be made separately for each day duly indicating the
Km covered per day.

(b) Both Ways Outstation Duties Where the Vehicle is De-hired at the
Originating Station on the Same Day and no Night Halt is Involved. Vehicle
once hired for such outstation duties will be paid at the rate per km (both ways) fixed
for outstation duty for the to and from distance covered. No day and night halt
charges will be admissible.

(c) Both Ways Outstation Duties Where the Vehicle is Hired for Onward &
Return Journey but Vehicle Does Not Return to Hiring Station on Same Day.

(i) The clause will be applicable only when existing GeM usage variant is
found insufficient to cover the move.

(ii) The vehicle would be paid as per usage variant (both ways journey).
As the vehicle will be retained at out station for further duty on the next day(s),
then day halt charges per day of outstation duty will be applicable if vehicle
performs duties while at outstation for less than 80km. But if at outstation the
vehicle runs more than 80 km on a particular day, then day halt charges for
the particular day of outstation duty will not be applicable and the payment
instead for such days will be made at the both ways as per usage variant for
the km run. The payment for day halt charges will be made as under.
(aa) Amount admissible for 80 kms at the usage variant of the
contracts for out stn duties (both ways). The day halt charges as above
will be applicable for the No of days for which light vehs perform less
than 80 kms at outstation.
(iii) The day halt charges will not be normally admissible for buses since
they are de-hired immediately on reaching the destination. The day halt
charges for Buses provided for organized move of units for outstation duties
will be governed by Para 81 below.
 19

(iv) Night halt will be given from 2201 hours to 0559 hours if the vehicle is
static. In case of accident, mechanical failure or due to any fault of the driver
or contractor, night halt will not be applicable. In case the vehicle is on the
duty between 2201 hours to 0559 hours, no night halt charges will be given.
(v) The entries will be made separately for each day duly indicating the
KM covered per day.
77. Payment for Out Station Duties (Trucks, CHTT & Other Specialist Vehicles).
The following parameters will be applicable:-
(a) One Way Out Station Duties Where Vehicle is De-hired at Destination.

(i) The clause will be applicable only when existing GeM usage variant is
found insufficient to cover the move.
(ii) Vehicle once hired for outstation duties will be paid as per usage
variant (one way) fixed for out station duty. No day halt will be normally
admissible if the vehicle is unloaded immediately on reaching the destination.
However, in case the vehicle reaches the destination on a working day before
1200 hours and is not unloaded and de-hired due to administrative reasons,
then day halt charges for such a working day (including the following
Sunday/holidays to that working day) will be admitted as under :-

(aa) 60% of the amount admissible for 80 kms worked out from the
usage variant for outstation duties (one way).
(ab) In case the vehicle reports at destination on Sunday/Holiday,
then no day halt charges will be paid for that day.
(iii) No day halt charges to vehicles reporting at destination after 1200
hours on working day will be admitted in case such vehicles, days halt
charges for the following Sunday/Holidays to that working day will also be not
admitted. Further, in case the vehicle reports at destination on
Sunday/Holiday, then also no day halt charges will be paid for that day.

(iv) No night halt charges will be separately admissible.

(b) Both Ways Outstation Duties Where the Vehicle is Hired for Onward &
Return Journey.

(i) The clause will be applicable only when existing GeM usage variant is
found insufficient to cover the move.

(ii) The vehicle hired for two ways journey would be paid at rates per km
(both ways). No day halt will be normally admissible. However, in case the
vehicle reaches the destination on the working day before 1200 hours and is
not unloaded on such due to administrative reasons, then day halt charges for
such working day (including the following Sunday/holiday to that working day)
will be admitted as under :-

(aa) 60% of amount admissible for 80 kms worked out from the
usage variant for outstation duties (both ways)
 20

(iii) No day halt charges to vehicles reporting at destination after 1200

hours on working day will be admitted in case such vehicles are not unloaded
due to administrative reasons. For such vehicles, day halt charges for the
following Sunday/holidays to that working day will also be not admitted.
Further, in case the vehicle reports at destination on Sunday/Holiday, then
also no day halt charges will be paid for that day.

(iv) Night halt will be given from 2201 hours to 0559 hours if the vehicle is
static. In case of accident, mechanical failure or due to any fault of the driver
or contractor, night halt will not be applicable. In case the vehicle is on the
duty between 2201 hours to 0559 hours, no night halt charges will be given.
The vehicle will be paid for next day’s entitlement, if the vehicle remains hired
continuously after 0600 hours. In case de-hired before 0600 hours no extra
payment will be admissible.

79. Payment of Point to Point Out Station Duty Contracts. Payment of Point to
Point Outstation Duty Contracts. The payment for point to point contracts will be made at
overall fixed rate per trip
as per terms and conditions defined in ATC. While hiring veh for pt to pt contracts, clear
mention of route chart, total distance, dist in Plain/ Hill/ HAA, total days in which dist is to be
covered be made on GeM through ATC. In case the veh is not de-hired as per
specified terms and conditions mentioned in the ATC, Day Halt/ Ni Halt charges will be
admitted as under :-

(a) The clause will be applicable only when existing terms and conditions as
specified in the ATC is found insufficient to cover the move and the veh has moved
less than 80 Kms.

(b) CHTs (Lt Veh/Buses/Hy Vehs/Spl Vehs) when hired for outstation point to
point duty contract and retained beyond the specified terms and conditions
mentioned in the ATC, day halt is to be paid as amt admissible at 60% of amount
for 80 Kms.

“For example if a Hy Veh has been hired for org mov of a unit from Jalandhar
to Leh i.e 1250 Kms over a pd of 08 days at a cost of Rs 74575/-. Day Halt
Charge will be 60% of {(74575/1250)x80} which will be 2863.68 per day.

80. Whenever two different rates are available for Hill & Plain area in a contract,
then in the interest of state, more economical rate will be applicable for day halt.

81. Payment for Light Vehicles hired on Monthly Basis for Local Duties. The hiring
of light vehicles on monthly basis will be carried out duly mentioning restriction of number of
hours / kms travelled. Any extra hours / kms travelled will be paid at the rate per extra km
and rate per extra hours fixed for such a contract.

Recoveries

82. All monies or compensation payable by Seller to the Government under terms of the
contract may be deducted from or realized by the sale of sufficient part of Performance
Guarantee, or from interest arising there from or from any sums which may be due or may
become due by the Government under this contract or any other account with the
Government.
 21

83. In the event of Performance Guarantee being reduced by reason of any such
deductions of sale as aforesaid or should the value of such receipts or securities depreciate
in value during the period that they be held as such Performance Guarantee, Seller shall
within twenty days from the date of Seller’s being called to do so, make good in case of
receipts or securities the amount required to complete the Security Deposit / Performance
Guarantee to the original value.

84. Any sum of money due and payable to the Seller (including Performance Guarantee
returnable to him / her) on account of this contract may be appropriated by the Buyer or the
Government or any other person or persons acting on behalf of the Government of India
and set off any claim of the Government or such other person or persons for the payment of
a sum of money arising out of this contract or under any other contract made by the Seller
with Government.

85. Notwithstanding anything herein before contained and without prejudice hereto the
COO (Consignee) or his / her successor in office may recover from Seller as compensation,
such sums as he / she considers reasonable:-

(a) If any goods entrusted to the seller under the contract are lost, damaged or
depreciated unless such loss, damage or depreciation is due to an act of God or the
enemies of the Government.

(b) If Seller fail to observe or perform any condition of the contract.

86. Any expenditure incurred by the Government through Army authorities in providing
medical aid, repair, recovery and such other facilities which may not be readily available
with civil authorities in remote and difficult areas would be recovered by the COO/ Paying
Authority from the bills of Seller or from the PBG lodged with Army authorities or by any
other means the Buyer decides.

87. Seller shall be liable to pay rent for any military land if and when occupied by Seller
in the course of the contract at a rate to be fixed by the Officer sanctioning the occupation
of the land and intimated by Buyer.

88. Legal heirs and partners of the Seller shall be responsible to make good the
loss/damage/depreciation caused to the Government stores by the Seller’s employees at
the prevailing local market rates alongwith the incidentals.

89. Decision as to recovery of monies from Seller in respect of hiring or arrangement of

vehicles at Seller’s expense or of compensation by order of the COO (Consignee) or his /
her successor in office and any order for rescission of the contract by the Buyer shall be
subject to an appeal, if preferred in writing by Seller within thirty days of issue of such
decision or order to such Officer’s immediate superior commander, whose decision will be
accepted as final. If such appeal is not duly notified to the immediate superior commander
within this period, the original decision or order in question shall be accepted as final.

90. In the event of any damage, loss or depreciation to any articles handed over under
this agreement, owing to neglect or delay on Seller’s part, the Seller shall be liable to pay
compensation to the Government up to the value of stores so lost, damaged or depreciated
and the compensation to be paid by the Seller shall be that decided by the Indian Army.
 22

Miscellaneous

91. In the event of any dispute of providing civil vehicles between Seller and the COO
(Consignee) regarding quantities/qualities of civil vehicles tendered, decision of the Buyer
shall be final and binding on Seller.

92. Any change in the constitution of the firms shall be notified forthwith by the Seller in
writing to the Buyer and such change shall not relieve any former member, of the firm from
any liability under the contract.

93. No new partner/partners shall be accepted in the Seller’s firm during the currency of
this contract unless he/they agree to abide by all its terms and conditions and deposit(s)
with the Buyer a written agreement to this effect.

94. In case of any special transport requirements which may have not been included in
this contract, the appropriate authority of Indian Army is at liberty to hire such vehicles from
any source / mode.

95. Seller acknowledge that Seller has acquainted themselves with all the conditions,
and circumstances under which the provisioning of vehicles required under the contract will
have to be made or furnished and with all the terms, clauses, conditions, specifications and
other provisions of the contract and Seller(s) shall not plead ignorance of any of these as
excuse in case of complaint against or of rejection of vehicles provided by Seller or with a
view either to ask for enhancement of any rates agreed to in the contract or to evade
Seller’s obligation under the contract.
 23

Annexure-I
(Refers to Para 5 of Spl/Std Conditions of ATCs)

CERTIFICATE : NON DISCLOSURE OF CONTRACT DOCUMENTS

(To be given on Company Letter Head)

1. I M/s ___________ hereby declare that I shall not disclose the contract or any
provision, specification, plan, pattern, sample or information thereof to any third party during
and after expiry of this contract.

2. I am / We are fully aware that my / our firm is liable for action as per rules in case the
above declaration is found violated.

Dated : (Signature of the Seller/Proprietor/Partner/

Power of Attorney Holder (along with stamp of firm)
 24

Annexure-II
(Refers to Para 2 (b) of Addl Terms of ATCs)

CERTIFICATE : FINANCIAL CAPACITY / CCC

(To be given on Company Letter Head)

1. My/our residual financial capacity based on average turnover of last three years is
above Rs. _______________ (Rupees ________________________________________),
duly excluding all other contracts already having been awarded in favour of me / my firm for
the period ____________ to ___________.

2. Certified that on securing the contract (s) for which I/we have applied now, my/our
residual Financial Capacity / CCC will not be exceeded.

3. I am/We are fully aware that my/our firm is liable for action as per rules in case the
above declared facts are found to be wrong.

Dated : (Signature of the Seller/Proprietor/Partner/

Power of Attorney Holder (alongwith stamp of firm)