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SERVICE STC

SPECIAL TERMS AND CONDITIONS FOR

Bus Hiring Services

  1. PREAMBLE
  2. All Bus Hiring Service Contracts Placed Through GeM Shall Be Governed By Following Set Of Terms And Conditions:

(I)    General Terms And Conditions For Goods And Services;

(Ii)   Service Specific STC Of BUS Hiring Outsourcing Service – As Defined In Service Catalogue Which Includes SLA For The Service Or Service For A Particular Product;

  1. BID / Reverse Auction Specific ATC: The Above Terms And Conditions Are In Reverse Order Of Precedence I.E. ATC Supplement, Service Specific STC And GTC, However Service Specific STC Prevails Or Supersede Over The GTC – Only In Case Of Any Conflicting Provisions.
  2. The Above Set Of Conditions Along With Scope Of Supply Including Price As Enumerated In The Contract Document Shall Be Construed To Be Part Of The Contract.
  3. This Document Represents A Special Terms And Conditions (“STC”) Governing The Contract Between The Buyer And Service Provider. The Purpose Of This Document Is To Outline The Scope Of Work, Stakeholder’s Obligation And Terms And Conditions Of All Services Covered As Mutually Understood By The Stakeholders.
  4. STAKEHOLDERS

The Main Stakeholders Associated With This STC Are:

  1. Buyer/ Userincluding any such authorized agents, assignees, successors and nominees

Ii. Service Providers

The Responsibilities And Obligations Of The Stakeholders Have Been Outlined In This Document. The Document Also Encompasses Service Level Agreement/ Penalties In Case Of Non-Adherence To The Defined Terms And Conditions. It Is Assumed That All Stakeholders Would Have Read And Understood The Same Before Signing The Document.

  • SERVICE SCOPE

The Scope Of Service Must Include, But Not Necessarily Limited To The Following:

  1. a)    Hiring of Bus(s)as per defined scope of service by buyer;
  2. b)    For Buyer the following basic package will be available for hiring as per their requirement:

Local – For one side movement upto 50 kilometres from reporting point will be considered as local.

Outstation – The Bus shall be provided to Buyer and its staff for the movement within the city i.e. local and its outskirts or other places as per the schedule provided by the Buyer. Fixed per night charge will be applicable

Local*24X7 –  If selected, the additional hours’ selection is null & void.

Outstation*24X7 If selected, the additional hours’ selection is null & void.Fixed per night charge will be applicable

  1. c)     The basic package can be upgraded by including additional running kilometres and duty hour’s parameter under ‘Add-on’ option of this service.
  2. d)    There shall not be any garage kilometres and therefore the duty hours will start from the reporting point and also service will end at the reporting point.
  3. f)     Provide Bus on hiring basis with trained drivers holding valid commercial license to support Buyer and its staff movement as per the locations.
  4. g)    Ensure passenger safety during the performance of services.
  5. h)    Facilitate Buyer with the Bus in compliance to the defined package and render services under the scope defined in this section for the selected package.
  6. i)      A mandatory, detailed contingency plan(s) in the event of mechanical breakdown of each Bus, for each area of operation.
  7. j)     The Bus shall be parked at the Buyer’s/ User’s premises after the duty hours if desired so by the Buyer/ User and cannot be taken-out without written permission from the Buyer/ User.
  8. h) Bidder annual turnover should be greater than or equal to 30% of the bid value.

 

  1. SERVICE PROVIDER’S OBLIGATIONS:
  2. Service provider agrees to provide quality services as per SLAs mentioned in the contract.
  3. Service provider will be required to accept the order within 48 hours of the order being placed
  4. Service provider shall ensure that assigned Bus and driver report as per schedule provided by user department / buyer / individual user. In an event of delay in arrival beyond 30 minutes, user shall have right to hire other Bus services (which may or may not be of similar hired Bus category). The fare charges shall be debited to service provider.
  5. Service provider to ensure that all maintenance works related to assigned Bus shall be carried out in off duty hours.
  6. Service provider shall ensure that Bus deployed shall arrive at designated location on time and with full or sufficient tank of fuel.
  7. The service provider shall ensure that the Bus deployed by him are maintained well, cleaned thoroughly both internally and externally, boot kept clear off dust, rubbish, oil and any personal belongings of the driver.
  8. All Bus shall be equipped with an emergency medical kit and a fire extinguisher.
  9. In the event of any break-down, servicing and repairs of Bus, the service provider at his own cost shall make alternate arrangement by providing similar or higher class of Bus for which agreement is entered into. Failure to do so will evoke penalty or possible termination of contract.
  10. All Buses provided, should carry a valid insurance & fitness certificate along with other necessary documents
  11. Drivers should possess valid commercial licenses as required by the transport department.
  12. The manpower so employed by the Service Provider shall solely be the employees of the Service Provider and the Service Provider shall discharge all statutory liability or pay dues in respect of the Provident Fund, Employees State Insurance, Workman’s compensation and other liability due, if any, of such employees
  13. The Service Provider shall take all precautionary measures in order to ensure the safety of the persons / children traveling in the vehicle
  14. Any theft or damages caused by the Service Provider’s personnel shall be borne by the Service Provider
  15. The contractor shall keep a suggestion/complaint book in every vehicle under contract to record any suggestion on performance of services

 

  1. BUYER’S / CONSIGNEE OBLIGATIONS:
  • After log book entries by the service Provider, the Buyer shall either accept or reject these entries within a maximum of 3 days. Failure to take action on log book entries updated by service provider shall be deemed as accepted. The Service Provider can raise an issue against the rejection of any entry by the buyer within 3 days of such rejection.
  1. The toll charges, Parking fee or entry Taxes payable locally or outstation shall be paid reimbursed by the Buyer.
  2.  Buyer shall be responsible for making the paymens to the service provider as per the payment cycle.

  3. The Buyer shall ensure that the terms, conditions, and technical specifications stipulated by the Buyer for procurement of the present services, are in accordance with the applicable laws / notifications/ Government guidelines / Court orders / rules / regulations / circulars / notifications, etc.

  4. It is responsibility of the Buyer to ensure that the type of buses (diesel etc.) being hired can be legally plied in the area of operation and plying of the same is not restrained by way of any laws/rules/regulations/guidelines/ notification/court orders etc.

  5. Price Variation Clause:

    "It is advisable to include Price Variation Clause in the long term contracts to take care of the increase/decrease in prices of various ingredients which majorly affect the overall price of the service. Buyers are therefore advised to include the Price Variation Clause (PVC) in the bid document through ATC for long term contracts. The additional payment, if any, on account of PVC can be done offline till such time online functionality is developed on GeM."

  1. SERVICE SPECIFIC STC

(i) The Service Provider shall not be allowed to sub -let the Contract.

(ii) The ownership of hired Bus will remain with the Service Provider, and Buyer shall be entitled to use the Bus within the scope of service specified under this contract.

(iii) Service Provider shall ensure that proper inspection of Bus has been done before deploying it to the Buyer/ Consignee location as per the contract.

(iv)  During the contractual period, the Buyer may increase or decrease the quantity of Bus to the extent of 25%. Similarly, the buyer can utilise the Bus for extra mileage and extra duty hours up to 25%. The payment for extra mileage and extra duty hours will be as per Add On rates of per KM and per Hour. If Additional mileage and Additional duty hours are not selected under Add On functionality then the payment for extra mileage and extra hours will be on prorate basis calculated on basic package rate. However, variation in number of Bus, additional mileage and duty hours put together will not exceed 25% of contract value.

(v)   The drivers/staff of the Bus deployed for user department duties maintain polite & courteous behaviour towards department users as well as to other departmental staff. Following may be construed as “Misbehaviour” and shall attract penalties as per provisions of the contract. Repeated instances may result in termination of services.

(vi) The service provider shall be responsible for ensuring compliance with the provisions related to Labour Law [Central/State] and specially Minimum Wages Act, Payment of Wages Act, PF, ESI Act, Payment of Bonus Act, Contract Labour [R&A] Act, Workmen Compensation Act etc. as applicable from time to time. The employees of the service provider shall not be deemed to be employees of the user department hence the compliance of the applicable acts/ laws will be the sole responsibility of the service provider.

(vii) All Bus shall be equipped with an emergency medical kit and a fire extinguisher.

(viii) In the event of any break-down, servicing and repairs of Bus, the service provider at his own cost shall make alternate arrangement by providing similar or higher class of Bus(s) for which agreement is entered into. Failure to do so will evoke penalty or possible termination of contract.

(ix)  All attempts shall be made to provide quality services as per the contract

(x)   In an event that service provider fails to deliver or fails to carry out tasks as per schedule then buyer shall have right to recover damages as per the provisions of the contract.

(xi)  All payments shall be made as per the billing schedule notified in order. The payments shall be processed after deducting relevant penalties / damages as per provisions of the contract.

(xii) The Payment Procedure shall be governed by the standard clause of payment as specified in the General Terms and Conditions

(xiii) The toll charges, Parking fee or entry Taxes payable locally or outstation shall be paid by the Service Provider and the same will be reimbursed by the Buyer subsequently on production of documentary evidence.

(xiv) The contract can be terminated for convenience by giving at least three months prior notice in writing by both the parties

(xv)Notwithstanding any of the above, if the services of the Service Provider are not found satisfactory or in the event of sub-contract to a third party, the Service Provider will be issued one month’s notice by buyer or consignee to terminate the contract without prejudice to any right accruing to either party prior to such termination.

(xvi) Nothwithstanding any of the above, if the buyer doesn’t make the payment the service provider shall have the right to terminate contract by providing one month written notice to buyer or reporting incident with appropriate channels.

 

  1. SERVICE LEVEL AGREEMENT (SLA)

In case of non-compliance of Service obligation, penalty per default will be imposed as per SLA. The penalties as per the SLA is defined as follows

 

Sl. No

Service Level Agreement

Default Details

Penalties for breach of SLA

Remarks

1st Instance

2nd Instance

3rd Instance

1

Non deployment of BUS/driver (no replacement provided)

Non deployment for 30 min or more, no replacement provided up to 2 hours

Amount of charges for Bus hired by Buyer from third party and apenalty of 10% of daily Bus hiring cost

Amount of charges for Bus hired by Buyer from third party and a penalty of 15% of daily Bus hiring cost

Amount of charges for Bus hired by Buyer from third party and a penalty

of 20% of daily Bus hiring cost

After 3rd instance, the buyer may terminate the contract or continue to impose the same penalty as imposed for 3rd instance.

2

Non deployment of Bus/driver (replacement provided)

Non deployment for 30 min or more, replacement provided within to 2 hours

Warning

Penalty of 10% of daily Bus hiring cost

Penalty of 15% of daily Bus hiring cost

After 3rd instance, the buyer may terminate the contract or continue to impose the same penalty as imposed for 3rd instance.

3

Breakdown of Bus during trip (no replacement provided)

No replacement provided up to 2 hours

Amount of charges for Bus hired by Buyer from third party and a penalty of 8% of daily Bus hiring cost

Amount of charges for Bus hired by Buyer from third party and a penalty of 10% of daily Bus hiring cost

Amount of charges for Bus hired by Buyer from third party and a penalty of 15% of daily Bus hiring cost

After 3rd instance, the buyer may terminate the contract or continue to impose the same penalty as imposed for 3rd instance.

4

Breakdown of Bus during trip (replacement provided)

 

Replacement provided within 2 hours

Warning

Amount of charges for Bus hired by Buyer from third party and a penalty of 8% of daily Bus hiring cost

Amount of charges for Bus hired by Buyer from third party and a penalty of 10% of daily Bus hiring cost

After 3rd instance, the buyer may terminate the contract or continue to impose the same penalty as imposed for 3rd instance.

5

Delay in arrival of Bus/ driver

For 30 mins or more

Warning

Penalty of 5% of Bus hiring cost

Penalty of 8% of Bus hiring cost

After 3rd instance, the buyer may continue to impose the same penalty as imposed for 3rd instance

6

Misbehavior by driver/ unacceptable behavior by driver

 

Any instance

Penalty of Rs. 1000/-

 

Penalty of Rs. 2000/-

 

 

After 2nd instance, the service provider will have to replace the driver

 

7

Driver in intoxicated state

Any instance

Penalty of Rs. 2500/-

 

 

 

 

After 1st instance, the service provider will have to replace the driver

 

8

Failure to address deficiencies pointed out at inspection

Any instance

Penalty of Rs. 500/-

 

Penalty of Rs. 800/-

 

Penalty of Rs. 1000/-

 

After 3rd instance, the buyer may continue to impose the same penalty as imposed for 3rd instance

 

 

Calculation Formula for the Service

$total = $quantity*$base_fare_per_month*$contract_period/30

$quantity = Quantity

$base_fare_per_month = Base Fare (per month) inclusive of GST

$contract_period = Duration of Contract in days

 

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