Name & Signature of the Bidder along with Seal
1 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
No.F3/HO/ST/IT/51/2015/ 624 Date : 16/12/2015
Expression of Interest (EoI)
for enabling the prepaid wallet services on RSRTC
Public Online Reservation System(PORS).
About RSRTC:
Rajasthan State Road Transport Corporation has entered its 51th year of business,
since its inception on 1st October 1964. The corporation has been established under
the Road Transport Act 1950 with the objective of providing economic, adequate,
punctual and efficient services to the traveling public in the state. Currently, 4500
buses across 52 depots are plying more than 17 lacs kilometers and carrying more
than approx. 10 lac passengers per day.
RSRTC is committed to providing high quality services, consistently and constantly
improving the services for the satisfaction of the passengers. To fulfill the
commitment, RSRTC has incorporated Ordinary, Express, Deluxe, A.G. Gandhi Rath,
A.C., A.C. Sleeper, Volvo-Mercedes, Volvo-Pantry, Volvo-LCD, Volvo-LCD-Pantry bus
services in fleet for all categories of passengers.
Objective:
Rajasthan State Road Transport Corporation (RSRTC) invites Expression of Interest
(EoI) from suitable and experienced bidder/firms for enabling the Pre-paid wallet
services on RSRTC Public Online Reservation System. The main objective of this EoI
is to provide the alternative online payment services of RSRTC passengers.
RSRTC plans to extend web/app based ticket bookings through Prepaid payments
Instruments (PPIs) which acts as a storage device to electronically load all physical
payment forms (credit card, PPIs issuer account information, gift card, etc.). Users
can consolidate all payment mechanisms.
PPIs should preferably be having Pre-Paid Wallets, as are easy to load with multiple
top-up options. Conveniently tap to pay purchases with certain merchants.
PPIs issuers have been issuing prepaid payment instruments in the country. In the
emerging scenario, it is imperative to have facilities of payment through wallet at
RSRTC ticket bookings through prepaid payment instruments.
Name & Signature of the Bidder along with Seal
2 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Bid Submission and Correspondence
A) Address for Bid Submission & Correspondence
The Executive Director (Traffic),
Rajasthan State Road Transport Corporation,
Head Office, Parivahan Marg, Chomu House,
Jaipur - 302001, Rajasthan
Tel No — 0141-2374644
B) Contact Person
The Deputy General Manager (IT)
Rajasthan State Road Transport Corporation
Head Office, Parivahan Marg, Chomu House,
Jaipur - 302001, Rajasthan
Mob. No — 95492 34592
Website : http://rsrtc.rajasthan.gov.in, http://sppp.rajasthan.gov.in
E-mail :[email protected], [email protected]
Key Events & Dates
Sr. EVENT’s Name Date & Time
1 Issue of EoI 16-12-2015
2 Queries only in softcopy for Pre Bid Meeting 18-12-2015 @1700hrs
3 Issue of Corrigendum, if any 19-12-2015
4 Issue of Modified EoI, If Required 19-12-2015
5 Submission of EoI 23-12-2015 @1700hrs
6 Opening of Proposal Will be intimate later
7 Performance Security Deposit Rs. 5,00,000/- (Rs. Five Lac Only)
Note : All above events will be held at Rajasthan State Road Transport
Corporation, Head Office, Parivahan Marg, Chomu House, Jaipur - 302001,
Rajasthan.
Name & Signature of the Bidder along with Seal
3 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Eligibility Criteria:
The following are the conditions, which are to be necessarily fulfilled, to be eligible
for evaluation of the proposal, only those interested bidders who fulfill the terms &
conditions as set out below, should respond to this EoI:
1. (i) The Bidders should be Indian Company(s)/Indian Citizen registered under
the Indian Companies Act, and/or any other legal entity registered in Indian
Law.
(ii) Bidder should submit the documents as per Form-2 and this EoI
2. A bidding firm should be a single entity corporation/company. Consortium of
the companies/corporations/firms.
3. The bidding firm should have an annual turnover or at least last 12 months
average turnover (till 31st March. 2015) of ₹10 Crore (Rupees Ten Crore only),
in this regard a certificate from a Chartered Accountant (CA) firm should be
submitted along with proposal.
4. The bidder should not have been Black listed by any
PSU/PUC/Corporation/Board or State/Central Government in India. In this
regard an affidavit must be submitted duly attested by the notary.
5. The bidder should submit an undertaking on their letterheads to the fairness
of these documents in support of their claim while submitting the proposal.
6. The bidder should not involve in any major litigation against any
Citizen/PSU/PUC/Corporation/Board or State/Central Government in India.
7. To enable this facility, RSRTC will require the assistance of an PPIs (Pre-paid
payment Instruments) having approved by RBI. For this enclosed a certificate.
Scope of Work & Functionality:
1. RSRTC ticket bookings through various PPIs (Pre-paid payment instruments)
Channels. The Pre-Paid wallet of the PPIs issuer are to be integrated with the
RSRTC website for Payment Gateway transactions. Now when user want to
make the transaction through PPI account, he/she will go to RSRTC site, login
into the system, select the payment option for payment like net banking,
credit card/debit card or PPI as payment option. The facility has all the
security measure as provided for credit/ Debit card/Net Banking
transactions through internet. Selecting Prepaid Payment Instrument Issuers
for RSRTC Fare Collection System.
2. The secure login-page of the PPIs and prompt the commuter to enter his
login ID & password; or the code of the prepaid cards. The amount equivalent
to bus ticket will be debited from the wallet.
3. In the above case the customer is immediately intimated of the success
/failure of the transactions and an electronic acknowledgement of payment is
displayed. (The customer is then returned from the payment Gateway
Name & Signature of the Bidder along with Seal
4 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
interface to the RSRTC site – thereupon RSRTC will also inform the customer
about the successful completion of the online premium payment and issue
him an acknowledgement/ receipt etc.)
4. The successful bidder should provide the transaction details/reconciliation
through MIS Portal.
5. RSRTC receives the corresponding credit on max. T+1 days on the basis of
successful/failed transactions.
General Terms and Conditions:
1. The terms and conditions shall be governed by and construed/change in law in
accordance with the laws of India and the State of Rajasthan.
2. RSRTC will not assume any liability and will not be made party in ANY dispute
regarding the successful bidder’s services in any court of law. In case, RSRTC is
made party in any dispute, all kind of responsibility related to that dispute
shall be borne by the successful bidder.
3. The Successful Bidder must indemnify and hold harmless the RSRTC against
any or all losses, claims, damages, liabilities, costs, penalties etc.
4. Amendments, No change or modification in the terms and conditions shall be
valid unless the same is in writing and signed by the Parties hereto.
5. Letter of Acceptance and Work Order should be canceled, if the successful
bidder fails to sign the agreement within a month.
Performance Security Deposit
The Successful bidder will pay a Performance Security Deposit of Rs
5,00,000/- (Rupees Five Lakh Fifty Thousand only) with RSRTC in the form of
a demand draft (DD) drawn on a nationalized bank in favor of “Financial
Adviser, Rajasthan State Road Transport Corporation” payable at Jaipur.. The
performance security shall remain with RSRTC during complete contract
period of the project. No interest shall be payable to the successful bidder for
the amount deposited as performance security.
Refund of Performance Security deposit:
The Performance Security deposit shall be refunded after two months of
expiry of the term of the contract.
Contract Period
Contract period initially for one year from the date of contract award and will
be extendable for six months with mutual consent.
Name & Signature of the Bidder along with Seal
5 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Forfeiture of Performance Security deposit: Performance Security deposit shall
be forfeited in the following cases: -
a. When any terms and condition of the contract is breached.
b. When successful bidder fails to commence supply or stops making the
supplies or fail to provide deliverables after partially executing the
purchase/ work order.
c. Proper notice will be given to successful bidder with reasonable time
before performance security deposit is forfeited.
d. Forfeiture of performance security deposit shall be without prejudice to
any other right of RSRTC to claim any damages as admissible under the
law as well as to take such action against successful bidder such as
severing future business relation or black listing, etc.
e. Further successful bidder would be required to obtain all statutory and
other approvals, licenses/clearances from the department concern
required for implementing the project in the State under this Agreement.
Liquidated Damages
In case of unauthorized use or disclosure of the CONFIDENTIAL
INFORMATION, RSRTC shall be entitled to liquidated damages in the amount of
₹ 10,000/- for each such use or disclosure. Notwithstanding the right to
liquidated damages, the RSRTC has the right to take any measures available
and to claim and receive a higher amount of compensation if the RSRTC can
prove that the actual damage sustained will exceed the amount of liquidated
damages.
Event of Default
The following events shall be considered as Event of Default:
i) If the Successful bidder fails to provide satisfactory services at the
desired service level as per the EoI and this agreement.
OR
ii) If the Successful bidder fails to perform its any obligation(s) as
mentioned in the EoI & Agreement.
OR
iii) If the Successful bidder, in the judgment of RSRTC has engaged in
corrupt or fraudulent practices in competing for executing the
agreement AND due to inter-alia the filing of bankruptcy proceedings
against the <NAME>,
Consequences of Event of Default/Termination of Agreement
i) RSRTC may, without prejudice to any other remedy for breach of
agreement by written notice of default sent to the Successful bidder,
Name & Signature of the Bidder along with Seal
6 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
terminate the agreement in whole or in Part in the case of Event of
Default on the part of Successful bidder.
ii) RSRTC may at any time terminate the agreement by giving written
notice to the Successful bidder, without compensation to the
Successful bidder, if the Successful bidder becomes bankrupt or
otherwise insolvent, provided that such termination will not
prejudice or affect any right of action or remedy which has accrued
or will accrue thereafter to RSRTC.
iii) Where the Successful bidder fails to perform its any obligation(s) as
mentioned in the EoI & Agreement.
Consequences of Termination of Agreement
In case of termination of agreement, RSRTC shall be entitled to:
i) Invoke the Security Deposit and other Performance Security Deposit
furnished hereunder.
ii) Right to use in perpetuity and composite rights to all processes as
has been developed and to deal with the said processes in such
manner that the RSRTC deems fit.
iii) Nothing herein shall restrict the right of the RSRTC to invoke the
Security Deposit and Performance Security Deposit furnished here
under, enforce the Deed of Indemnity and pursue such other rights
and/or remedies that may be available to the RSRTC under law.
iv) The termination hereof shall not affect any accrued right or liability
of either Party nor affect the operation of the provisions of this
Agreement that are expressly or by implication intended to come into
or continue in force on or after such termination.
Redressal of Grievances by RSRTC
i) RSRTC shall constitute a committee comprising of persons, with
proper powers and authorizations, to address the complaints of
bidders that may occur prior to the entry into force of the contract.
ii) Any bidder feeling aggrieved by any act of RSRTC after the submission
of his bid may lodge a written complaint concerning his grievances
not later than fifteen days after the announcement of the bid
evaluation report.
iii) The committee shall investigate and decide upon the complaint within
fifteen days of the receipt of the complaint.
iv) Mere fact of lodging of a complaint shall not warrant suspension of the
procurement process.
Name & Signature of the Bidder along with Seal
7 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
v) Any bidder not satisfied with the decision of the committee of the
procuring agency may lodge an appeal in the relevant court of
jurisdiction.
Disputes Resolution
RSRTC and Successful bidder shall make every effort to resolve disputes
amicably by direct informal negotiation, any disagreement or dispute arising
between them under or in connection with the agreement will be settled at the
level of Head of Department of RSRTC.
If during the subsistence of this Agreement or thereafter, any dispute between
the Parties hereto arising out of or in connection with the validity,
interpretation, implementation, material breach/supply or any alleged
material breach of any provision of this Agreement or regarding any question,
including as to whether the termination of this Agreement by one Party hereto
has been legitimate, the Parties hereto shall endeavor to settle such dispute
amicably and/or by Conciliation to be governed by the Arbitration and
Conciliation Act, 1996 or as may be agreed to between the Parties. The attempt
to bring about an amicable settlement is considered to have failed as soon as
one of the Parties hereto, after reasonable attempts; which attempt shall
continue for not less than thirty (30) days, gives fifteen (15) days’ notice to
refer the dispute arbitration to the other Party in writing.
In case dispute is not settled amicably within stipulated time, same shall be
referred to the Sole Arbitrator. Both the parties agree to appoint Chairman,
RSRTC/Chairman and Managing Director, RSRTC (as the case may be) as Sole
Arbitrator and his awards shall be final and binding upon both the parties.
The Arbitration proceedings shall be governed by the Arbitration and
Conciliation Act, 1996.
The Arbitration proceedings shall be held in Jaipur, Rajasthan, India.
Conflict Of Interest
The Successful bidder must disclose to the RSRTC in writing, all actual and
potential conflicts of interest that exist, arise or may arise (either for the
Successful bidder himself or his Team) in the course of performing the Services
as soon as practical after it becomes aware of that conflict.
Name & Signature of the Bidder along with Seal
8 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Cancellation of Procurement Process
(1) RSRTC may, for reasons to be recorded in writing, cancel the process of
procurement initiated by it -
(a) at any time prior to the acceptance of the successful bid; or
(b) after the successful bid is accepted in accordance with sub-rules
(4) and (5).
(2) RSRTC shall not open any bids or proposals after taking a decision to cancel
the procurement and shall return such unopened bids or proposals.
(3) The decision of the RSRTC to cancel the procurement and reasons for such
decision shall be immediately communicated to all bidders that participated in
the procurement process.
(4) If the bidder whose bid has been accepted as successful fails to sign any
written procurement contract as required, or fails to provide any required
security for the performance of the contract, the RSRTC may cancel the
procurement process.
(5) If a bidder is convicted of any offence under the Act, the RSRTC may-
(a) cancel the relevant procurement process if the bid of the convicted
bidder has been declared as successful but no procurement contract
has been entered into;
(b) rescind the relevant contract or forfeit the payment of all or a part
of the contract value if the procurement contract has been entered
into between the procuring entity and the convicted bidder.
(6) A procurement process, once cancelled, shall not be reopened. However,
this shall not prevent RSRTC from initiating a new procurement process for the
same procurement, if required.
Force Majeure
Force majeure shall mean only act of God, epidemic, earthquake, landslide,
volcano, eruption, floods, cyclone, lightening, war invasion, armed conflict or
any other activity of foreign enemy like blockage embargo, terrorist attacks
and any other unforeseen natural disaster beyond the control of human being.
For purposes of this clause, “Force Majeure” means an event beyond the
control of the Successful bidder and not involving the Successful bidder and
not involving the Successful bidder fault or negligence and not foreseeable.
Such events may include, but are not restricted to, instances of, wars or
revolutions, fires, floods, epidemics, quarantine restrictions and freight
embargoes which would have an impact on RSRTC.
If a Force Majeure situation arises, the Successful bidder shall promptly notify
RSRTC in writing of such conditions and the cause thereof. Unless otherwise
Name & Signature of the Bidder along with Seal
9 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
directed by RSRTC, the Successful bidder shall seek all reasonable alternative
means for performance not prevented by the Force Majeure event.
Signer’s Representation
The/this bid/contract has been duly authorized executed and delivered by the
parties and constitute a legal, valid and bidding upon each of them. Each
person placing his/her signature below represents and warrants that he/she is
signatory duly authorized to submit/execute this bid/contract on behalf of
<successful bidder name > or RSRTC as is respectively applicable.
Name & Signature of the Bidder along with Seal
10 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form-1
Bidder’s Profile
1. Name & Address of The Bidder
2. Location of Corporate Head Quarters
3.
Details of Contact person (Name,
designation, address etc.) Telephone
Number, Fax Number, e-mail
4.
Is the firm a registered company? If
yes, submit documentary proof. Year
and Place of the establishment of the
Company.
5. Is the firm registered with sales tax
department? If Yes, submit valid sales
tax registration certificate.
6. Number of offices in Rajasthan and in
India
7.
Submit details of the consortium (if
any) including name and address of
the consortium members, contact
details, roles and responsibilities to be
performed by prime bidder and its
consortium members with legal
authentication.
8. PAN Details of all members
9.
Details of court litigations, including
(but not limited to) —
Have you filed any claim against any
Company / Institutions / PSU /RSRTC
for such type of project? If so, give
details like case no., court dispute
involved and present status.
Has any Company/Institution /
PSU/RSRTC filed any claim/case
against you, if so, furnish full details.
Has any of your customer or clients
filed any case against you in a court? If
so, furnish details.
Name & Signature of the Bidder along with Seal
11 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form – 2
Bidder Should Mark Page No. on Enclosures Submitted in Evidence of
Eligibility Criteria
S. No. Documents to be Submitted Page No. Compliance
(Yes/No)
1 Bid Authorization Letter (The letter of authorization shall be
indicated by written Power of attorney accompanying the bid) Page No.
2 Performance Security Deposit of Rs. 5,00,000/- (Rs. Five Lacs
Only) in the form of DD in favor of “FA, RSRTC” payable at
Jaipur
Page No.
3 Name & Address of The Bidder Page No.
4 Location of Corporate Head Quarters Page No.
5
Details of Contact person (Name, designation, address
etc.) Telephone Number, Fax Number, e-mail
Page No.
6
Bidder/Prime Bidder shall provide an attested copy of – Page No.
Pan Card Page No.
Company Registration Certificate Page No.
Sales Tax Registration / VAT Clearance Certificate Page No.
Service Tax Registration Certificate Page No.
Sales Tax Returns of Last Year Page No.
Service Tax Returns of Last Year
Income Tax Return of Last Three Assessment Years Page No.
Certified Audited Copies of Balance Sheets/Profit & Loss
Accounts/Annual Reports for the Last Financial Year Page No.
7 A Certificate from a Chartered Accountant (CA) firm regarding
bidding bidder have an annual turnover or at least last 12
months average turnover (till 31st March. 2015) of ₹ 10 Crore
(Rupees Ten Crore only).
Page No.
8 An affidavit duly attested by the notary that the bidder not
have been Black listed by any PUC/PSU/Corporation/Board or
State/Central Government in India.
Page No.
9 An undertaking from the bidder on company letterhead to the
fairness of these documents in support of their claim while
submitting the bid.
Page No.
10 In case of consortium, a signed partnership deed between
prime bidder and its consortium. Page No.
Name & Signature of the Bidder along with Seal
12 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form-3
Financial Bid Form
Quoted by Bidder
Particulars
Rate in words in %
age (Inclusive all
taxes)
Rate in figures in
% age (Inclusive
all taxes)
Prepaid wallet rate borne by the
passengers per transaction
Note: The successful bidder would not charge any transaction fee for wallet
transaction for first 3 months from the date of LIVE.
Name & Signature of the Bidder along with Seal
13 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form-4
Declaration by the Bidder
In relation to my/our Bid submitted to ……………………………………………………for
procurement of ………………………………..in response to their Notice Inviting Bids
No………………………………………….Dated……………………I/we hereby declare under
Section 7 of Rajasthan Transparency in Public Procurement Act, 2012 that:
1. I/we possess the necessary professional, technical, financial and managerial
resources and competence required by the Bidding Document issued by the
Procuring Entity;
2. I/we have fulfilled my/our obligation to pay such of the taxes payable to the
Union and the State Government or any local authority as specified in the
Bidding Document;
3. I/we are not insolvent, in receivership, bankrupt or being wound up, not have
my/our affairs administered by a court or a judicial officer, not have my/our
business activities suspended and not the subject of legal proceedings for any
of the foregoing reasons;
4. I/we do not have, and our directors and officers not have, been convicted of an
criminal offence related to my/our professional conduct or the making of false
statements or misrepresentations as to my/our qualifications to enter into a
procurement contract within a period of three years preceding the
commencement of this procurement process, or not have been otherwise
disqualified pursuant to debarment proceedings;
5. I/we do not have a conflict of interest as specified in the Act, Rules and the
Bidding Document, which materially affects fair competition;
6. I/we hereby declare that in the preparation and submission of proposal, I/we
have not acted in collution with any other bidder and not done any act, deed or
thing which is or could be regarded as anti-competitive.
7. I/we hereby further declare that I/we have not offered nor will offer any
illegal gratification in cash or any other kind to any person or agency in
connection with the instant proposal.
Date: Signature of bidder
Place: Name:
Designation:
Address:
Name & Signature of the Bidder along with Seal
14 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form- 5
Grievance Redressal during Procurement Process:
The designation and address of the First Appellate Authority is______________________
The designation and address of the Second Appellate Authority is____________________
(1) Filing an appeal
If any Bidder or prospective bidder is aggrieved that any decision, action or
omission of the Procuring Entity is in contravention to the provisions of the Act or
the Rules or the Guidelines issued thereunder, he may file an appeal to First
Appellate Authority, as specified in the Bidding Document within a period of ten
days from the date of such decision or action, omission, as the case may be, clearly
giving the specific ground or grounds on which he feels aggrieved:
Provided that after the declaration of a Bidder as successful the appeal may be filed
only by a Bidder who has participated in procurement proceedings:
Provided further that in case a Procuring Entity evaluates the Technical Bids before
the opening of the Financial Bids, an appeal related to the matter of financial Bids
may be filed only by a Bidder whose Technical Bid is found to be acceptable.
(2) The officer to whom an appeal is filed under pare (1) shall deal with the
appeal as expeditiously as possible and shall endeavour to dispose it of within thirty
days from the date of appeal.
(3) If the Officer designated under para (1) fails to dispose of the appeal filed
within the period specified in para (3), or if the Bidder or prospective bidder or the
Procuring Entity is aggrieved by the order passed by the First Appellate Authority,
the Bidder or prospective bidder or the procuring Entity, as the case may be, may
file a second appeal to Second Appellate Authority specified in the Bidding
Document in this behalf within fifteen days from the expiry of the period specified
in para (2) or of the date of receipt of the order passed by the First Appellate
Authority, as the case may be.
(4) Appeal not to lie in certain cases
No appeal shall lie against any decision of the Procuring Entity relating to the
following matters, namely:-
(a) determination of need of procurement;
(b) provisions limiting participation of Bidders in the Bid Process;
Name & Signature of the Bidder along with Seal
15 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
(c) the decision of whether or not to enter into negotiations;
(d) cancellation of a procurement process;
(e) applicability of the provisions of confidentiality.
(5) Form of Appeal
(a) An appeal under para (1) or (3) above shall be in the annexed Form
along with as many copies as there are respondents in the appeal.
(b) Every appeal shall be accompanied by an order appealed against, if
any, affidavit verifying the facts stated in the appeal and proof of payment of
fee.
(c) Every appeal may be presented to First Appellate Authority or Second
Appellate Authority, as the case may be, in person or through registered post
or authorised representative.
(6) Fee for filling appeal
(a) Fee for first appeal shall be rupees two thousand five hundred and for
second appeal shall be rupees ten thousand, which shall be non-refundable.
(b) The fee shall be paid in the form of bank demand draft or banker’s
cheque of Scheduled Bank in India payable in the name of Appellate
Authority concerned.
(7) Procedure for disposal of appeal
(a) The First Appellate Authority or Second Appellate Authority, as the
case may be, upon filing of appeal, shall issue notice accompanied by copy of
appeal, affidavit and documents, if any, to the respondents and fix date of
hearing.
(b) On the date fixed for hearing, the First Appellate Authority or Second
Appellate Authority, as the case may be, shall,-
(i) hear all the parties to appeal present before him; and
(j) peruse or inspect documents, relevant records or copies
thereof relating to the matter.
(c) After hearing the parties, perusal or inspection of documents and
relevant records or copies thereof relating to the matter, the Appellate
Authority concerned shall pass an order in writing and provide the copy of
order to the parties to appeal free of cost.
(d) The order passed under sub-clause (c) above shall also be placed on
the State Public Procurement Portal.
Name & Signature of the Bidder along with Seal
16 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form No. 6
[See Rule 83]
Memorandum of Appeal under the Rajasthan Transparency in Public Procurement
Act, 2012
Appeal No. …………………… of ………………………
Before the …………………………………… (First/Second Appellate Authority)
1. Particulars of appellant:
(i) Name of the appellant:
(ii) Official address, if any:
(iii) Residential address:
2. Name and address of the respondent(s):
(i)
(ii)
(iii)
3. Number and date of the order appealed against
And name and designation of the officer/authority
who passed the order (enclose copy), or a
statement of a decision, action or omission of
the Procuring Entity in contravention to the provisions
of the Act by which the appellant is aggrieved:
4.If the Appellant proposes to be represented
By a representative, the name and postal address
of the representative:
5.Number of affidavits and documents enclosed with the appeal:
6.Grounds of appeal: ………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
………………………………………….…………….. (Supported by an affidavit)
7.Prayer:
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………
…………………………………………………………………………………………
Place ………………………………….
Date …………………………………..
Appellant’s Signature
Name & Signature of the Bidder along with Seal
17 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form- 7
Additional Conditions of Contract:
1. Correction of arithmetical errors
Provided that a Financial Bid is substantially responsive, the Procuring Entity will
correct arithmetical errors during evaluation of Financial Bods on the following
basis:
(i) If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail and
the total price shall be corrected, unless in the opinion of the Procuring Entity there
is an obvious misplacement of the decimal point in the unit price, in which case the
total price as quoted shall govern and the unit price shall be corrected ;
(ii) If there is an error in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
(iii) If there is a discrepancy between words and figures, the amount in words
shall prevail, unless the amount expressed in words is related to an arithmetic error,
in which case the amount in figures shall prevail subject to (i) and (ii) above
If the Bidder that submitted the lowest evaluated Bid does not accept the correction
of errors, it’s Bid shall be disqualified and it’s Bid security shall be forfeited or it’s
Bid Securing Declaration shall be executed.
2. Procuring Entity’s Right to Vary Quantities
(i) At the time of award of contract, the quantity of Goods, works or services
originally specified in the Bidding Document may be increased or decreased by a
specified percentage, but such increase or decrease shall not exceed twenty percent,
of the quantity specified in the Building Document. It shall be without any charge in
the unit prices or other terms and conditions of the Bid and the conditions of
contract.
(ii) If the Procuring Entity does not procure any subject matter of procurement
or procures less than the quantity specified in the Bidding Document due to change
in circumstances, the Bidder shall not be entitled for any claim or compensation
except otherwise provided in the Conditions of Contract.
(iii) In case of procurement of Goods or services, additional quantity may be
procured by placing a repeat order on the rates and conditions of the original order.
However, the additional quantity shall not be more than 25% of the value of Goods
of the original contract and shall be within one month from the date of expiry of last
supply. If the Supplier fails to do so, the Procuring Entity shall be free to arrange for
the supply by limited Bidding or otherwise and the extra cost incurred shall be
recovered from the Supplier.
Name & Signature of the Bidder along with Seal
18 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form-8
Compliance with the Code of Integrity and No Conflict of Interest
Any person participating in a procurement process shall-
(a) not offer any bribe, reward or gift or any material benefit either directly or
indirectly in exchange for an unfair advantage in procurement process or to
otherwise influence the procurement process;
(b) not misrepresent or omit that misleads or attempts to mislead so as to obtain a
financial or other benefit or avoid an obligation;
(c) not indulge in any collusion, Bid rigging or anti-competitive behavior to impair
the transparency, fairness and progress of the procurement process;
(d) not misuse any information shared between the procuring Entity and the
Bidders with an intent to gain unfair advantage in the procurement process;
(e) not indulge in any coercion including impairing of harming or threatening to
do the same, directly or indirectly, to any party or to its property to influence
the procurement process;
(f) not obstruct any investigation or audit of a procurement process;
(g) disclose conflict of interest, if any; and
(h) Disclose any previous transgressions with any Entity in India or any other
country during the last three years or any debarment by any other procuring
entity.
Conflict of Interest:-
The bidder participating in a bidding process must not have a Conflict of Interest.
A Conflict of Interest is considered to be a situation in which a party has interests
that could improperly influence that party’s performance of official duties or
responsibilities, contractual obligations, or compliance with applicable laws
and regulations.
B Bidder may be considered to be in Conflict of Interest with one or more parties
in a bidding process if, including but not limited to:
a. Have controlling partners/ shareholders in common; or
b. receive or have received any direct or indirect subsidy from any of them;
or
c. have the same legal representative for purposes of the Bid; or
d. have a relationship with each other, directly or through common third
parties, that puts them in position to have access to information about or
influence on the Bid of another Bidder,or influence the decisions of the
Procuring Entity regarding the bidding process; or
Name & Signature of the Bidder along with Seal
19 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
e. the Bidder participates in more than one Bid in a bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the Bidder is involved. However, this
does not limit the inclusion of the same subcontractor, not otherwise
participating as a Bidder, in more than one Bid; or
f. the Bidder or any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of the Goods, Works
or Services that are the subject of the Bid; or
g. Bidder or any of its affiliates has been hired (or is proposed to be hired)
by the Procuring Entity as engineer-in-change/ consultant for the
contract.
Name & Signature of the Bidder along with Seal
20 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
Form – 9
Draft Agreement
This agreement is made and executed on this ______ day of___________, 2015
BETWEEN
Executive Director (Traffic), Rajasthan State Road Transport Corporation
(RSRTC), Head Office, Parivahan Marg, Chomu House, Jaipur – 302 001 (hereinafter
referred to as “RSRTC”, which expression shall, unless repugnant to the context
hereof or excluded specifically, mean and include its successors, assigns and
administrators) of the FIRST PART
AND
M/s <Name>., <Address>, Phone :<Phone Number>, Fax :<Fax No> (hereinafter
referred to as <‘NAME’>), which expression shall, unless repugnant to the context
hereof or excluded specifically, mean and include its successors, assigns and
administrators) of the SECOND PART
Both the RSRTC and <‘NAME’>), shall hereinafter be referred to individually as
‘Party’ and collectively as ‘Parties’ in this Contract.
Name & Signature of the Bidder along with Seal
21 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
WHEREAS
a) The RSRTC, party to the FIRST PART invited EoI vide no. ……….. Dated ………2015
and subsequent corrigendum (hereinafter called as “EoI”).
b) The <NAME OF BIDDER>, party to the SECOND PART has submitted its offer for
such services in accordance with all the terms and conditions stipulated in the EoI.
c) The FIRST PART has placed work order to SECOND PART vide order no.
………………………. dated ……………. for the aforesaid works for a period of one year as
per terms and conditions mentioned in the EoI and this Agreement and whereas the
SECOND PART has deposited a sum of Rs. 5 Lacs as a Performance Security Deposit
as per Rajasthan Transparency in Public Procurement Act, 2012 and Rules, 2013.
d) The SECOND PART has agreed to provide services as per terms and condition of
the EoI, including the terms of this Agreement, and subsequent corrigendum would
be treated as a part of this Agreement.
e) The terms and conditions laid down in the NIT/EoI documents, work order of
contract; Bid Submission Sheet and the Price Schedule submitted by the bidder; and
all other relevant documents attached with NIT/EoI shall be deemed to form and be
read and constructed as part of this Agreement.
f) In consideration of the foregoing and the mutual covenants and promises
contained herein and other good and valuable consideration the receipt and
adequacy of which is hereby acknowledged, the parties intending to be bound
legally, agree as follows:
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. In this Agreement unless the contest otherwise requires :
1.1 “Agreement” means this Agreement, the Schedules attached hereto and
the agreed terms as set out in the EoI including any amendments and
modifications to the above from time to time.
1.2 “Confidential Information” means any information disclosed to or by
any Party to this Agreement and includes any information in relation to
the Parties, including any such information that may come to the
knowledge of the Parties hereto by virtue of this Agreement that is :
a. by its nature confidential or by the circumstances in which it is
disclosed confidential; or
b. designated by the disclosing Party as confidential or identified in
terms connoting its confidentiality;
Name & Signature of the Bidder along with Seal
22 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
But does not include information which is or becomes public
knowledge other than by a breach of this Agreement;
1.3 “Document” means any embodiment in any text or image however
recorded and includes any data, text, images, sound, voice, codes
or/and databases or microfilm or computer generated micro fiche’
1.4 “Contract period” shall refer to one year from the date on which this
agreement is signed.
1.5 “Services” means all such services that are set out in the Scope of work
as per EoI and includes any amendment, modification, clarification and
addition to such Scope of work, as the RSRTC may deem fit and
mutually decide upon by both the parties during the Term of this
Agreement in order to enable the performance of the System, as set out
in this Agreement;
1.6 Tendering Authority refers to Executive Director (Traffic), RSRTC,
Jaipur.
2. INTERPRETATION:
In this Agreement unless a contrary intention is evident
2.1 The clause headings are for purposes of convenience of reference only
and do not form part of this Agreement
2.2 unless otherwise specified a reference to a clause number is a reference
to all of its sub-clauses
2.3 Unless otherwise specified a reference to a clause, sub-clause or
Schedule is a reference to a clause, sub-clause or Schedule of this
Agreement including any amendments or modifications to the same
from time to time.
2.4 A word in the singular includes the plural and a word in the plural
includes the singular.
2.5 A word importing a gender includes any other gender,
2.6 A reference to a person includes a partnership and a body corporate;
2.7 A reference to legislation includes legislation repealing, replacing or
amending that legislation;
Name & Signature of the Bidder along with Seal
23 Rajasthan State Road Transport Corporation
Expression of Interest (EoI) for Pre-Paid Wallet as on 16-12-2015
2.8 Where a word or phrase is given a particular meaning it includes the
appropriate grammatical forms of that word or phrase which have
corresponding meanings.
2.9 In the event of an inconsistency between the terms of this Agreement
and the EoI, the terms hereof shall prevail.
IN WITNESS WHERE OF the Parties here to have hereunto set their hands and seal
the day and year first above written.
________________________
Executive Director (Traffic),
Rajasthan State Road Transport
Corporation, Head Office, Jaipur
Witnesses :
1. ______________________
______________________
2. ______________________
______________________
_______________________
Authorized Signatory,
SECOND PART
ADDRESS
Witnesses:
1. _____________________
_____________________
2. _____________________
_____________________