LIMITED TENDER

FOR

HIRING OF CARS ON RENTAL BASIS FOR

THE P ATENT OFFI CE, CHENN AI

(Tender No. PATENT/CHE/Tender/CAR HIRING/2017)

Date of Publication of the tender documents - 21/12/201,7 9.15 a.m. onwards

Start date for download of tender documents - 21 /12 / 2017, 1 0 .00 a.m.
Bid submission start date - 21/12/2017, 1 0 .00 a.m.
Bid submission closing date - 01/01/2018 up to 5 . 00 pm
Bid (technical) opening date - 02/01/2018 11.30 a.m. onwards

SIGNATUREOF THE TENDERER

On behalf of the President of India, limited tenders are invited by the Controller General
of Patents, Designs and Trademarks (CGPDTM) for HIRING OF CARS ON RENTAL
BASIS FOR THE PATENT OFFICE, CHENN AI

1. Nature and Scope of work:

Nature and scope of the work is mentioned in the following pages of this bid
document (Enclosed herein).

2. Eligibility:

i. Contractors who have sufficient experience of having successfully

carried out similar works in Government Offices during the last three
years are eligible to participate in the bidding.

ii. The CGPDTM reserves the right to verify the proof of having
experience and expertise of the bidder in executing similar works
and the bidder has to produce the proof thereof.

3. Submission of bid:

3.1 The start date for download of tender document is from 10.00 am on

Contact person:
K. Nirmala,
Administrative Officer,
Patent Office
Ph.No.044-22502030/ email id: chennai-patent@nic.in

Cost of the Tender document – NIL

The advertisement of the tender/ document is available

from the websites - www.ipindia.nic.in ,www.tenders.gov.in
The bidders are requested to submit their competitive offer by duly
filling t he p rice bid along with the CGPDTM’s terms and condition
duly signed as a part of the technical bid.
4. Qualifying Criteria & Pocess:
Tenders are invited from reputed car operators/ suppliers/contractors with the
eligibility as mentioned below:-

a) Bidders should be recognized from the Department of Tourism or State

Transport Authority as an Authorized Transporter OR Taxi Operator from any
Government Department in CHENNAI. The bidder should be based at Chennai and
have office establishment at Chennai.

b) Three year’s regular services in providing cars to any Government Department

/PSU/ State Government.

c) The bidder should be registered and should furnish a copy of registration

certificate in support thereof.

d) The bidders should have sufficient number of recently purchased vehicles

(minimum05)Tata Indica/ indigo/Honda Amaze//MarutiDezire/SX4/ToyotaEtios/
Corolla/Quails/TataSumo/Honda City IN Excellent CONDITION but not older
than year 2013, registered as commercial vehicles.
e) The list of Cars along with photocopies of registration book should be attached
with of the tender.

f) The bidder shall have experience of minimum period of last 03 years for similar
type of contract of supplying not less than five (05) commercial vehicles to Govt.
organization/ any public sector undertaking/private sector.

g) Only such Taxi operators may apply whose Cars have been duly authorized by
the concerned RTO for use as public transport.

h) The bidder should have registered with Income Tax and GST authorities.

5. The Tenders shall be addressed to the ADMINISTRATIVE OFFICER and

submitted in the Patent Office, PATENT OFFICE, CHENNAI Building,
GST Road, Guindy, Chennai – 600032 along with the requisite EMD.

The EMD shall be submitted in the form of a DD drawn in favour of Controller

of Patents from any nationalized banks and shall be payable at C h e n n a i .
Tenders received without the requisite EMD as specified shall be summarily
rejected. Any tender received after the expiry date and time as specified
will not be considered and will be considered deemed rejected.

6. CGPDTM or any person authorized by him reserves the right to accept/reject

any or all the tenders in part or full or divided the work among two or
more parties without assigning any reason whatsoever and in such case
bidders/intending bidders, shall not have any claim on Office of
Controller General of Patents, Designs and Trade Marks.
7. Procedure for filing Tender

1. The tenders are to be submitted in person or by post in two separately sealed

Envelopes/covers marked as under:

ENVELOPE-1-Technical Bid

The Envelope-1 shall contain the followings:

• Earnest Money Deposit (EMD) shall be submitted in separate sealed cover on or

before the closing date of the tender to this office.

• Tender document with all the pages signed and stamped by the tenderer.

• Affidavit on Stamp Paper of Rs. 10/- as per Annexure ‘B’

• Self attested Copies of Credentials/documents in support of meeting

the qualifying criteria as given in Page 3.
• This envelope shall be marked as “TECHNICAL BID”

ENVELOPE-2-FINANCIAL OR PRICE BID

• Price Bid (Annexure c) duly filled in, signed and stamped on each page
by the tenderer/ authorized representative of the tenderer. No cutting or
overwriting shall be allowed. In such cases the bid shall be treated as
cancelled and tenderer shall be treated as disqualified. All
Performa’s forming part of tender documents shall be filled in, signed
and stamped by the tenderer
• Any other information as required to be submitted along with the tender.
• This envelope shall be marked as: PRICE BID

Envelope1 and Envelope 2 should be placed in single bigger Envelope and

sealed and marked as “Tender for Hiring of Cars” on top.
8. SCOPE, TERMS AND CONDITIONS OF THE CONTRACT

1. Variations, alternations, modifications etc. shall not be allowed. Cutting

overwriting and any other modification in tender document shall leads to
disqualification of tender.

2. The tendered shall be responsible to obtain all the necessary

approvals i nc l ud i n g statutory approvals from the respective statutory
authorities before and during the contract as and when required.
 3. The Cars will generally be required by the Patent Office for its daily official work
and carrying Officers/Guest or other dignitaries to their official destinations
within the territorial limit of Chennai. They may also be required for other types
of journey such as carrying officials on outgoing trips etc.

4. Car will be required during the working days in a month, however may be
required on holidays and weekends also if need arises. The contractor shall be
responsible to provide the same if ordered by the Authority.

5. The Patent Office will generally require the Cars on Monthly basis. However, at
times urgent additional requisition for Cars may also be made which shall have
to be complied with.

6. The rates for regular vehicle may be quoted on monthly basis for 3000 kms,
10 hours per day. Rates for extra Kms and extra hours of duty need to be
quoted separately. The quoted rates shall remain valid for 90 days from the date
of tender opening.

7. The services will be counted from duty point to duty point and no zero mileage
will be allowed.

8. The drivers should possess valid driving license issued by appropriate authority
and should be well mannered/disciplined and adequately educated so as to
maintain logbook.

9. Contractor shall maintain a logbook of duty performed in scheduled format

given by the office.

10. Duty Slip for each duty performed as prescribed in Annexure D. Meter reading for
the purpose of payment will start/terminate from the point of Office/Residence of
the Officer to the point of Office/Residence of the Officer or reporting place or
releasing place whichever is applicable.

11. Cars to be provided by the Contractor should be of recent purchase preferably

within one year and well maintained in perfectly sound working condition and
suitable for use by senior officers. Driver should be in proper uniform, well
versed with knowledge of Chennai routes and places and should be courteous,
well and soberly behaved to the officials/guests. He should have a mandatory
mobile connection with him with good working conditions. PATENT OFFICE,
CHENNAI shall not bear any expense on their mobile facility

12. No mileage will be allowed for car to be taken outside of the office premises by
the driver for his lunch/tea. Driver should carry his own lunch etc. and will not
leave the office premises without permission of the competent authority.
13. No advance payment is permissible under the provisions of GFR of Government
of India. Payment will be made after the bills are duly verified and cleared by
the Patent Office, which is expected to take two to three weeks time on an
average. If the payment is delayed due to any reason whatsoever, the
contractor shall not charge any interest on the amount due for payment and
shall not stop the car for hiring under the contract and therefore this will not
become the ground for refusal to provide the car as well as the services.

14. Rates once finalized will be fixed at least for a period of two years. Upward
Any reason, the cost of litigation and all the liability and damages, if any,
Change in rates will not be considered due to any hike in petrol/diesel/CNG
prices or taxes by the Government during the contract period.

15. The period of contract may be extended on the same finalized terms and
conditions for a further period of One more year at the discretion of the Patent
Office.

16. All the Cars should be covered under Comprehensive insurance. In any
circumstances, if the hired Car is involved in an accident resulting in loss or
damage to property or life with respect to vehicle, driver, passenger or any
third party as per the liability under relevant sections of Motor Vehicle
Act1968 and IPC, the hiring authority shall have no responsibility of
whatsoever and will not entertain any claim in this regard under the said
provision of the Law. The contractor shall be solely responsible for any such or
other legal or financial implications. However in case the hiring authority is
made a party to any litigation due to any reason, the cost of litigation and all
the liability and damages, if any, granted by the courts against the hiring
authority shall be borne by the contractor.

17. The employment of drivers and payment of wages thereof as per existing
statutory provisions of various laws and regulations is the sole responsibility
of the contractor and any breach of such laws or regulations shall be deemed
to be breach of this contract. PATENT OFFICE, CHENNAI may ask the
contractor to produce documents to verify that the contractor complies with
these provisions/laws. However in case the hiring authority is made a
party to any litigation due to any reason, the cost of litigation and all the
liability and damages, if any, granted by the courts against the hiring
authority shall be borne by the contractor. As and when desired by the hirer,
the contractor shall submit the proof of payment of Service Tax/ESI/EPF
deposit and any other document showing the concerned Govt. Authority, to
PATENT OFFICE, CHENNAI.
18. The Contractor shall assign the job of driving of hired vehicle only to the duly
trained and qualified experienced licensed drivers and also assume full
responsibility for the safety and security of the officers/officials as well as
essential store items while running the vehicle by ensuring safe driving.
PATENT OFFICE, CHENNAI shall have no direct or indirect liability arising out
of such negligent, rash and impetuous driving which is an offence under
relevant section under IPC or other laws and any loss caused to PATENT
OFFICE, CHENNAI have to be compensated by Contractor.

19. Payment of wages to the drivers should be timely made. Non-payment of

pending bills shall not be cited as a ground for Non-payment of wages to
Drivers by the vendor.

20. The change of driver and cars will not be allowed except in emergent or extra
ordinary circumstances beyond the control of the Contractor. However, in
case of any change of driver is required, a prior approval has to be obtained
from the office.
21. Non-payment of the pending bills by the office due to any reason will not be a
ground for not supplying the car to the office timely. Failure to supply the car
will entail the penalty as mentioned in the document. In case of failure to supply
the car by the contractor due to any reason the Hiring authority shall hire the
car from any other person but expenditure incurred on such hiring will be
borne by the contractor which shall be deducted from the bills of the contractor.

20. The Controller General of Patents, Designs and Trademarks and its officials
shall not be responsible for any loss and damage.

21. Penalty:
• In case of breach of any conditions of the contract and for all type of losses
caused including excess cost due to hiring of Car from the market in the
event of Contractor failing to provide requisitioned Cars or not providing
Cars, the Patent Office shall make deductions at double the rate of Hiring rate
on pro rate basis from the bills preferred by the Contractor or that may be
demanded from him to be paid within seven days to the credit of the
Patent Office.
• The powers the patent office under these conditions shall in no way affect or
prejudice the powers in certain events to terminate the contract or forfeiture
of deposit as mentioned above.

22. Breach of Terms & Conditions:

In case of breach of any of terms and conditions mentioned above,
the Competent Authority will have the right to cancel the work order or contract
as a whole without assigning any reason thereof , and nothing will be payable
by the Patent Office in that event and the security deposit will be forfeited.
23. Subletting of Work:
The contract will be non transferable and hence the firm shall not be entitled to
Assign or sublet the work or any part of it to any other person or party failing
which the contract will be cancelled immediately.

24. No payment shall be made in advance nor shall any loan from any bank or
financial institution be recommended on the basis of the order of award of
contract

25. Performance Security Bank Guarantee:

The applicant who has been awarded the contract (successful bidder) shall
furnish a performance bank guarantee to the tune of 10% of the value of
the contract in the form of b a n k guarantee which should be valid for a
period of not less than one hundred and eighty days beyond the completion of
all contractual obligations of the applicant including warranty. Performance
security shall be forfeited and credited to the Government account in the
event of breach of contractual obligation by the applicant.

26. Jurisdiction
The disputes, if any, arising between the successful applicant and CGPDTM
shall be resolved amicably, failing which shall be referred to an Arbitrator,
mutually acceptable to both parties, appointed by the CGPDTM as per the
Arbitration and Conciliation Act, 1996. Alternatively, this shall be subject to
the exclusive jurisdiction of courts at Chennai.

27. Disclaimer:
Indian Patent office or any person authorized by the competent authority
shall not be responsible for any omission or errors on the part of Tendered.
 Annexure- ‘A’

Sl. Description Values/Description to be

No. applicable for relevant clause(s)
i) Name of work Hiring of cars on rental basis at the Patent t
Office, Intellectual Property Office Building,
GST Road, Guindy, Chennai – 600 032

ii) Client/Owner Controller of Patents

iii) Type of Tender Kms. Per month Rate

v) Earnest Money Deposit Rs. 20000/- (Rupees Twenty

Thousand only)

vii) Mobilization Advance Not applicable

viii) Interest Rate on mobilization Not applicable

advance

ix) Validity of Tender 90 (Ninety) days

x) Performance Guarantee Not applicable

xi) Security Deposit/Retention Successful bidder have to deposit

money performance security @ 10% of the
total contract value based on annual rate for
3000kms/month on 10 hrs/day basis in the
form of Bank Guarantee within 10 days
from the date of acceptance of the tender
that shall be released after the
completion/termination of the contract

Should this tender be accepted, the following undertaking shall be signed by the
renderer without which the tender shall be considered incomplete and rejected out
rightly
 Annexure- ‘B’

Undertaking by the Tenderer

(a) I/We agree to abide by and fulfill all terms and conditions referred to above and
as contained in tender documents elsewhere and in default thereof, to forfeit and
pay to CGPDTM, or its successors or its authorized nominees such sums
of money as are stipulated in the notice inviting tenders and tender
documents.

(b) I/We hereby agree to pay the earnest money of amount as mentioned in
the “Memorandum to this Form of Tender” in favour of Controller of patents,
payable at place as mentioned in the tender.

(c) If I/We fail to commence the work within 10 days of the date of issue of
Letter of Intent and/or I/we fail to sign the agreement as per contract
and/or I/we fail to submit performance guarantee as pr contract, I/we agree that
CGPDTM, PATENT OFFICE, CHENNAI shall, without prejudice to any other
right or remedy, be at liberty to cancel the Letter of Intent and to forfeit the said
earnest money
as specified above.

(d) I/we are also enclosing herewith the tender document with all the pages duly
signed and stamped as referred to in condition of tender.

Dated the day of

SIGNATURE OF TENDERER

NAME (CAPITAL LETTERS) :

ADDRESS :

SEAL OF TENDERER

SIGNATURE OF WITNESS

NAME (CAPITAL LETTERS) :

OCCUPATION
 ANNEXURE-‘C’

PRICE BID

HIRING OF CARS ON RENTAL BASIS AT P ATENT

OFFICE, CHE NN AI

(a) For Non Air Conditioned Cars*

Type/Model of car Rates (in Rupees)

Swift Desire/SX4 /Toyota Etios/ Corolla/ In Words In Figures

Quails’/Tata Indigo/HondaAmaze/City/Hyundai
xcent (Separate rates for each car need to be
submitted)
(a) 3000 Kms. Per month(10 hrs a day)

Note: The rates should be quoted

separately for each category of vehicle.
b. Rates (per day) for minimum 100 Km
and 10 hours(occasionally hiring as and when
required ) and rates (per Km) beyond
100 km and10 hours
c. Rates (per Km) for Extra Kms beyond
3000 Kms.
d. Rate (per Hour) for Extra hours beyond
10 Hrs.
e. Night charges on particular day after
11.00 pm to 5.00 am (%) as prescribed by
Government of Tamilnadu.

Rate of GST:

Note: The quoted rates shall be inclusive of GST. The GST percentage shall be
mentioned separately

(Dated Signature of tendered with stamps of the firm)

Dated:

………..

At:

………...
 (b) For Air Conditioned Cars*
Type/Model of car Rates (in Rupees)

Tata Indica/Tata indigo/Honda Amaze / In Words In Figures

Swift Desire/SX4 / Toyota Etios/ Corolla/ Quails/
Honda Amaze/City/Hyundai xcent (Separate
rates for each car need to be submitted)
a. Rates for 3000 Kms. Per month(10 hrs
a day)

Note: The rates should be quoted

separately for each category of vehicle.
b. Rates (per day) for minimum 100 Km
and 10 hours(occasionally hiring as and when
required ) and rates (per Km) beyond 100
km and10 hours
c. Rates (per Km) for Extra Kms beyond
3000 Kms.
d. Rate (per Hour) for Extra hours beyond
10 Hrs.
e. Night charges on particular day after
11.00 pm to 5.00 am (%)as prescribed by
Government of Tamilnadu.

Rate of GST:

Note: The quoted rates shall be inclusive of GST. The GST percentage shall be
mentioned separately

Any other information:

*Pl submit separate rate list as prescribed above for each type of car

(Dated Signature of tendered with stamps of the firm)

Dated:

………..

At: ……
 ANNEXURE-D

Format of Duty Slip

DAILY DUTY SLIP Date:

Portion to be filled by Transporter

Name of the Driver:

1. Vehicle No

2. (a) A/C Non-A/C 2 (b) Model No..

3. Name and address of the user

4. Nature of Duty Local/Outstation

5. Starting Meter at reporting point

6. Closing Meter at relieving Point

Portion to be filled by Officer

Name, Designation of the Officer:

a) Starting Meter at reporting point b) Reporting Time

c) Closing Meter at relieving Point d) Closing Time

e) Total Kms (c – a) f ) Total duration (in Hrs)

g) Parking Slips if any

h) Night halt if any

Driver’s Signature Signature of officer with date.

 ANNEXURE ‘E’

CONTRACT AGREEMENT
(Agreement to be executed on Rs.100/- Non-judicial Court Stamp)

An agreement made this …………..………………………. day of………. BETWEEN

………………………………………..………………… (hereinafter called the
contractor or contracting agency which expression shall include his legal
representatives) of the one part and The Controller General of Patents, Designs and
Trademark (herein after referred as “the Government” or Department or Indian
Patent Office C h e n n a i which shall also include any person authorized by
CGPDTM ) of the other part and WHEREBY the contractor agrees to supply car(s)
on daily basis and as when required basis as specified to them from time to time
successfully on contract basis to the Indian Patent Office Chennai as per the rates
mentioned in the tender document under Office of the Controller General of Patents,
Designs and Trademarks, Boudhik Sampada Bhawan, S.M.Road, Antop Hill,
Mumbai400037 and on the terms and conditions hereinafter mentioned viz. : -
(a) That it is expressly understood and agreed between the parties to this
Agreement that the derivers deployed by the contractor for the services
mentioned above shall be the employees of the contractor for all intents and
purposes and that the derivers so deployed shall remain under the control and
supervision of the contractor and in no case, shall a relationship of employer
and employee between the said derivers and the CGPDTM or PATENT
OFFICE, CHENNAI or any person authorized shall accrue/arise implicitly or
explicitly. Nonpayment of pending bills shall not be cited ground for payment
of wages to Drivers.
(b) That the number of cars will be purely need based. Therefore, the number of
cars may be increased or decreased as per requirement. The Head, Patent
office Chennai will be under no obligation to engage any specific number of cars
during the period of contract.
(c) That this Contract shall remain valid for a period of ONE/TWO yearw.e.f.
……………………………… initially and if the services are found satisfactory the
same may be extended for further period .However the Controller General of
Patents, Designs and Trademarks or a person authorized by him shall have
full power to terminate the contract any time without notice.
(d) That the Contractor shall assign the job of driving of hired vehicle only to qualified
Experienced licensed drivers and also assume full responsibility for the safety
and security of the officers/officials as well as essential store items while
running the vehicle by ensuring safe driving. PATENT OFFICE, CHENNAI shall
have no direct or indirect liability arising out of such negligent, rash and
impetuous driving which is an offence under relevant section under IPC and any
loss caused to PATENT OFFICE, CHENNAI have to be compensated by
Contractor.
(e) That in case of breach of any conditions of the contract and for all type of
losses caused including excess cost due to hiring of Car from the market in the
event of Contractor failing to provide requisitioned Cars or not providing
Cars, the Patent Office shall make deductions at double the rate of Hiring rate
on pro rate basis form the bills preferred by the Contractor or that may be
demanded from him to be paid within seven days to the credit of the Patent
Office
(f) That the contractor shall keep the CGPDTM or any person authorized by
him or Patent Office Chennai indemnified against all claims whoever in respect
of the derivers deployed by the contractor. In case any deriver of the contractor
so deployed enters in dispute of any nature whatsoever, it will be the primary
responsibility of the contractor to contest the same. In case CGPDTM or any
person authorized by him or Patent Office Chennai is made party and is
supposed to contest the case, the CGPDTM or any person authorized by him or
Patent Office Chennai will be reimbursed for the actual expenses incurred
towards Counsel Fee and other expenses which shall be paid in advance by
the contractor to CGPDTM or any person authorized by him or Patent Office
Chennai on demand. Further, the contractor will ensure that no financial or any
other liability comes on CGPDTM or any person authorized by him or Patent
Office Chennai in this respect of any nature whatsoever and shall keep
CGPDTM or any person authorized by him or Patent Office Chennai indemnified
in this resp
(g) That the contractor shall further keep the CGPDTM or any person authorized by
him or Patent Office C h e n n a i indemnified against any loss to the CGPDTM
or any person authorized by him or Patent Office Chennai property and assets.
The CGPDTM or any person authorized by him or Patent Office C h e n n a i
 shall have further right to adjust and/or deduct any of the amounts as aforesaid
from the payments due to the contractor under this contract
(h) That the contracting agency shall be responsible for faithful compliance of the
terms and conditions of this agreement, and shall also abide by all the terms
and conditions as mentioned in the tender document. The same may be terminated
and the security deposit will be forfeited. The powers the patent office under these
conditions shall in no way affect or prejudice the powers in certain events to
terminate the contract vested in him as herein provided or forfeiture of deposit as
mentioned above
(i) That if the contractor violates any of the terms and conditions of this
agreement or commits any fault or their services are not to the entire
satisfaction of the officer authorized by the CGPDTM or Patent Office
Chennai, a penalty leading to a deduction up to a maximum of 10% of the
total amount of bill for particular month will be imposed.
(j) That the security money shall be liable to be forfeited or appropriated in the
event of unsatisfactory performance of the contractor and/or loss/damage, if
any, sustained by the Office of CGPDTM or Patent Office Chennai on account
of failure or negligence of the derivers deployed by him or in the event of breach
of the agreement by the Contractor.
(k) That the contracting agency shall not change the car/driver except in
emergent or extra ordinary circumstances beyond the control of the Contracting.
In case of any change is required, a prior approval shall be obtained from the
office.
IN WITNESS WHEREOF the parties hereto have signed these presents on
the date, month and year first above written.

Signed by the said contracting agency

………………………………. In the presence of: -

1st Witness
Address:
2nd Witness
Address:

Signed for and on behalf of the Controller General of Patents, Designs and
Trademarks In the presence of: -

1st Witness
Address:

2nd Witness
Address: