TENDER DOCUMENT

Supply, Installation & Commissioning of Inspection

Equipment and Operation of Automated Vehicle
Fitness Testing Station (ATS) at Jadigenahalli
(Bengaluru) in Karnataka State (Call-6)

Tender No. 15-1/2025-26

Dated: 04-03-2026

Bangalore Metropolitan Transport Corporation

Government of Karnataka

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DISCLAIMER

1. This Tender Document is being issued by Bangalore Metropolitan Transport

Corporation (BMTC), Government of Karnataka for the selection of a successful
bidder for Supply, Installation & Commissioning of Inspection Equipment at
Automated Vehicle Fitness Testing Station (ATS), Jadigenahalli (Bengaluru) in
Karnataka State. Further, this ATS should also be operated with trained Technicians,
Supervisors and operators, initially for a period of 5 years, after the ATS is
commissioned which includes, but not limited to, regular maintenance of the
equipment & providing all necessary consumables. Design, construction & civil work
of equipment foundations including allied services like test shed trimix flooring,
epoxy coating for the flooring, conduiting for cables including 3-phase & Single phase
cables & drainage, compressor piping will also be scope of the bidder. The suitable
exhaust gas handling system is to be selected, supplied, installed & commissioned by
the successful bidder. Successful bidder shall also provide fresh air ducting for all
underbody inspection pits. This hereinafter referred to as the “Works”.

2. The information contained in this Tender Document is being provided for the limited
purposes of enabling the interested parties (“Bidders”) to submit a binding proposal
(“Bid”) for performing, executing and implementing the Works and for no other
purpose. In no circumstances shall BMTC, or their employees, advisers, consultants,
contractors, servants and/or agents incur any liability arising out of or in respect of
the issue of this Tender Document, or the selection procedure.

3. The use of the Tender Document in any manner contrary to any applicable law is
expressly prohibited. The Bidders shall inform themselves and shall observe any
applicable legal requirements.

4. The information does not purport to be comprehensive or to have been independently

verified. Nothing in this Tender Document shall be construed as legal, financial or tax
advice. BMTC will not be liable for any costs, expenses, however so incurred by the
Bidders in connection with the preparation and submission of the Bids.

5. BMTC reserves the right to amend this Tender Document and any information
contained herein at any time to the Bidders. The amendment document shall be notified
through website and such amendments shall be binding on those concerned.

6. Nothing in this Tender Document is, nor shall be relied upon as, a promise or
representation as to BMTC ultimate decision in relation to the selection process of the
successful Bidder for the execution of the Contract (defined hereinafter). The Bidder(s)
shall not, therefore, assume that they will have the opportunity to revise their Bids
following submission except as provided in this Tender Document, without assigning
any reason whatsoever. However, BMTC reserves the right to change the basis of or the
procedures (including the timetable) relating to the bidding process, reject any, or all,
of the Bids, not to invite a Bidder to proceed further, not furnish a Bidder with additional
information nor otherwise to negotiate with a Bidder at any time. BMTC does not
undertake to accept the lowest or indeed any Bid, without

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assigning any reason.

7. No person other than the one authorized by BMTC to give any information or to make
any representation not contained in this Tender Document and, if given or made, any
such information or representation shall not be relied upon as having been so authorized
in writing.

8. Canvassing in any form shall result in rejection of the bid.

9. The applicant shall be deemed to have duly considered all terms of this Invitation for
the bid document and acknowledge that it intends to submit bid offer in accordance
with the provisions of this document having accepted the terms and conditions as
have been incorporated herein and / or that may be incorporated by BMTC through any
Addendum/s.

10. This Tender Document is confidential and personal to each Bidder. The Bidders shall
note that they are required to sign and submit as part of the Technical Bid, as provided
in “Form b) Letter of Undertaking” of this Tender Document, a Letter of Undertaking
to BMTC which, inter alia, prohibits disclosure of any information as therein defined to
any person or body corporate except as permitted by such Letter of Undertaking. Any
failure to furnish or comply with the terms of the Letter of Undertaking shall entitle
BMTC to disqualify the relevant Bidder.

11. Any summaries or descriptions of documents or contractual arrangements contained

in any part of this Tender Document are only indicative and cannot be and are not
intended to be comprehensive, nor any substitute for the underlying documentation
(whether existing or to be concluded in the future), and are in all respects qualified in
their entirety by reference to them.

12. BMTC, its employees, advisers, consultants, contractors, servants, agents do not accept
any responsibility for the legality, validity, effectiveness, adequacy or enforceability of
any documentation executed, or which may be executed, in relation to the Works.
BMTC shall enter into a contract individually, with the successful Bidder for
performance, execution and implementation of the Works (“Contract”). No legal or
other obligation shall arise between the successful Bidder and BMTC unless and until the
Contract has been formally executed by BMTC and the successful Bidder and any
conditions precedent to the effectiveness of the Contract have been fulfilled. BMTC
reserves the right not to proceed with the bidding process and to cancel the selection
procedure, or any part thereof, at any time.

13. Nothing in this Tender Document shall constitute the basis of the Contract which may
be concluded in relation to performance, execution and implementation of the Works
nor shall such documentation/information be used in construing the Contract. Each
Bidder must rely on the terms and conditions contained in the Contract, when, and if,
finally executed, subject to such limitations and restrictions which may be specified in
such Contract. Any reference to this Tender Document in the Contract with BMTC or any
correspondence between BMTC and the Bidder shall not be construed as this Tender
Document forming part of such contract.

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14. The Bidder is prohibited from any form of collusion or arrangement by a Bidder (or its
advisers or consultants) in an attempt to influence the selection, award process or any
other process. Giving or offering of any gift, bribe or inducement or any attempt to any
such act on behalf of the Bidder towards any officer / employee of BMTC or to any other
person in a position to influence the decision of BMTC or any other person associated
with the bidding process, for showing any favour in relation to this Bid or any other
contract, shall render the Bidder to such liability / penalty as BMTC may deem
proper, including but not limited to rejection of the Bid and forfeiture of the Earnest
Money Deposit.

15. Laws of the Republic of India are applicable to this Tender Document. The courts at
Bengaluru shall have exclusive jurisdiction in relation to any disputes arising from this
Tender Document.

16. Each Bidder’s acceptance of delivery of this Tender Document constitutes its
agreement to, and acceptance of, the terms set forth in this Disclaimer. By acceptance
of this Tender Document, the recipient agrees that this Tender Document and any
information herewith supersedes document(s) or earlier information, if any, in relation
to the subject matter hereof.

17. All documents and communication will be in English only. Any document which is
submitted in any other language, other than English will be acceptable only if
accompanied by self-certified English translated version. BMTC will have the right to
verify the same independently.

18. Arbitration:

The disputes or differences, arising from this Invitation for bid document or in any
manner connected therewith shall be subject to the following dispute resolution
mechanism:

(i) Any dispute shall initially be referred to the designated Senior Management of the
parties for amicable settlement. Parties shall nominate two persons each from their
Senior Management within ten days of a dispute arising.

(ii) If no amicable settlement is arrived at within 30 days, then any party may refer the
dispute to a Sole Arbitrator to be nominated by the BMTC. The place of arbitration shall
be Bengaluru. All arbitration proceedings shall be conducted in English and in
accordance with the provisions of the Arbitration and Conciliation Act 1996 as amended
from time to time.

(iii) The Arbitration award will be final and binding upon the parties, and each party will
bear its own costs of arbitration and equally share the fees of the arbitral tribunal
unless the arbitral tribunal decides otherwise.

(iv) All disputes shall be subject to the exclusive jurisdiction of Courts at Bengaluru only.

19. Governing Law:

Indian laws, both substantive and procedural, shall govern.

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INDEX

TENDER DOCUMENT
1 INTRODUCTION 6
2 MODALITIES 8
3 INSTRUCTIONS TO BIDDERS 9
4 SCOPE OF WORK 10
5 EARNEST MONEY DEPOSIT 11
6 SUBMISSION OF BIDS 12
7 DEVIATIONS 15
8 AMENDMENT TO TENDER DOCUMENT 15
9 VALIDITY OF BIDS 15
10 CLARIFICATIONS TO BIDDER’S QUERIES 16
11 BID EVALUATION PROCESS 16
12 BMTC RIGHT TO ACCEPT OR
REJECT ANY OR ALL BIDDERS 18
13 NON-EXCLUSIVITY 18
14 PROCESS TO BE CONFIDENTIAL 18
15 PERFORMANCE BANK GUARANTEE 18
16 TERMS OF PAYMENT 19
17 GENERAL 20
18 LIST OF ANNEXURES 20
19 LIST OF FORMS 20

ANNEXURES
Annexure I Scope of Work 22
Annexure II Site Description 40
Annexure III Bidder’s Company Requirements 41
Annexure IV Equipment Details 47
Annexure IV-A IT Equipment Specifications 65
Annexure V Characteristics of Vehicles to be Tested 69
Annexure VI Evaluation Parameters 70
Annexure VII Acceptance Criteria 73
Annexure VIII Terms of Payment 75
Annexure IX General Conditions of Contract 78

Forms
Form a) Letter for Submission of Technical Proposal 143
Form b) Letter of Undertaking 144
Form c) Earnest Money Deposit as Bank Guarantee Format 145
Form d) Power of Attorney Format 147
Form e) Performance Bank Guarantee and form of Demand 150
Form f) Deviations Suggested 153
Form g) Detailed Technical Specifications 154
Form h) References 166
Form i) Service Support 168
Form j) Bidder's Organization, Company Profile 170
Form k) Description of Approach, Methodology, Work and Training Plan 172
Form l) Financial Proposal 175
Form m) Contact Details 176

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TENDER DOCUMENT

1. INTRODUCTION

With the increase in vehicle population, it is essential to ensure that the in-use vehicles,
which are on road, meet the safety and emission requirements for safe and
environmental friendly situation. The Automated Vehicle Fitness Testing program is an
effective tool to improve the condition of the in-use vehicle fleet.

BMTC has declared its intention to set up Automated Vehicle Fitness Testing Station
(ATS) at Jadigenahalli (Bengaluru) in Karnataka State. The work of construction of this
ATS has been assigned to BMTC. The Automotive Research Association of India (ARAI)
is selected by BMTC to provide them consultancy for the same.

Bangalore Metropolitan Transport Corporation (BMTC), Government of Karnataka

Details:

Bengaluru Metropolitan Transport Corporation,

Central Office,
K H Road, Shanthinagar,
Bangalore - 560027.

BMTC invites e-tender for execution from the Bidders in the prescribed proforma for
performing, executing and implementing the Works on the terms and conditions
contained in this Tender Document and in the Contract.

Brief description of Works and the timelines for tenders are summarized in the table
below.

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Description of Work This Tender Document is being issued by BMTC for
selection of a successful bidder for
• Supply, installation & Commissioning of
identified test equipment including integration
of test systems and system checking at ATS,
Jadigenahalli, Bengaluru, Karnataka.
• Supply of necessary calibration tools, special
tools and requisite software for smooth
operation of the ATS.
• Design, construction & civil work of equipment
foundations including allied services like test
shed trimix flooring, epoxy coating for the
flooring, conduiting for cables including 3-phase
& Single phase cables & drainage, compressor
piping.
• Supply, installation & commissioning of
suitable exhaust gas handling system &
provision for fresh air ducting for all underbody
inspection pits.
• Operation of ATS for 5 Years after the
commissioning of equipment with trained
Technicians, Supervisors and operators for
complete in-use vehicle tests, including all tests
mentioned in Central Motor Vehicle Rules
(CMVR), 1989 and Karnataka Motor Vehicle
Rules (KMVR), both as amended from time to
time. Additional tests, if any, required by
BMTC for ensuring optimum safety and
emission performance of in-use vehicles shall
also be performed.
• Comprehensive Annual Maintenance Contract
for 3 years after completion of warranty period
of 2 years.
• Preparation of Manuals & imparting induction
training and refresher training to the officers of
BMTC.

Earnest Money Deposit Rs. 6,75,000 /- (Rupees Six Lakhs S e v en t y Fi v e

T h ou s an d Only)
EMD to be submitted through the payment gateway
at E – Tender portal [Link]

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Sale of Tender Document Tender Documents can be downloaded from the
website of [Link] The
Bidders will have to pay the requisite Tender
document cost (Non Refundable) as indicated in
the e-procurement website.

Last Date for Submission of Up to 17.00 hrs on 01-04-2026 through email at

Queries (If any) civildepartmentbmtc@[Link]

Pre-Bid Meeting to clarify On 02-04-2026 at 15.00 hrs at BMTC office, Bengaluru.

the Queries submitted

Submission of Bids Up to 17.30 hrs on 06-04-2026 through e-

(Refer appropriate clauses for procurement portal.
details)
Opening of Technical Bids At 11.00 hrs on 08-04-2026 at BMTC Central office,
K.H. Road, Shanthinagar, Bengaluru.

2. MODALITIES

The Tender Documents will have to be downloaded directly from the websites
mentioned above.
 A complete set of tender documents is available at
[Link] for viewing and download. All the notification
& details, terms and conditions regarding this tender notice hereafter will be
published online on e-tendering website [Link] The
guidelines to download the tender documents and online submission of bids
and procedure of tender opening can be downloaded from website
[Link] The bidders are advised to go through the
manuals in detail to understand the bid submission process.
 The bidder needs to submit their bids online on
[Link] The bidders are required to fill the tender
online as per the timelines provided. The tender fee has to be paid online,
scanned copy of online EMD payment receipt / irrevocable Bank Guarantee
(BG) or Demand Draft (DD) has to be submitted along with technical bid.
 The bidders must make the payments towards tender fee by taking sufficient
margin for time lags between the online payment and settlement / realization
and other Banking Procedures in the pooling account and reflection of the
same in the online tender system. The tender fee shall be non-refundable.
 The Executive Engineer - BMTC, reserves the right to accept or reject any or all
the tenders without assigning any reason whatsoever.
 For MSME bidders claiming Tender Fee exemption, a certificate (which is valid
as on date of submission of bid) of registration with NSIC to be uploaded as a
part of Key Submission. However, Earnest Money Deposit (EMD) exemption is
not allowed.
 The bidders must possess compatible digital Signature Certificate of Class-II
or Class-III to participate in the e-tendering process.
 Bidder may contact helpline support numbers mentioned on the
[Link]

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3. INSTRUCTIONS TO BIDDERS

3.1 The Bidder must ensure that he meets all the requirements spelt in “Annexure III –
Bidder’s Company Requirements”.
3.2 The Bidders are expected to carefully examine all the contents of the Tender
Document including instructions, conditions, terms, specifications and drawings and
take them fully into account before submitting their Bid. Failure to comply with the
requirements as detailed in these documents shall be at the Bidder’s own risk. Bids
which are not responsive to the requirements of the Tender Document will be rejected.
3.3 While all efforts have been made to avoid errors in the drafting of the Tender
Document, the Bidders are advised to check the same carefully. No claim on account
of any errors detected in the Tender Document shall be entertained.
3.4 Bidders should study Tender Documents carefully and thoroughly before quoting
and get clarifications, if required, from BMTC in this context.
3.5 The Bid prepared by the Bidder and all correspondence and documents relating to the
tender exchanged between the Bidder and BMTC shall be in the English language.
3.6 Each of the Bid documents should be stamped and signed by the person or persons
submitting the Bid in token of his/their having acquainted himself / themselves with
the Tender Documents in entirety including all the Annexures and Forms. Any Bid
not complying with the terms and conditions as set out in this Tender Document and
/ or not signed by authorized person may be rejected at the discretion of BMTC. All
documents submitted are subject to verification with the originals and the originals of
the documents uploaded shall be produced for verification upon intimation. If the
certificates / supporting documents submitted are in any other language apart from
English, then apostilled & notarized sworn translation of the same in English has to be
submitted. If translated document is not submitted, then the original document will
not be considered for evaluation.
3.7 The Bid submitted on behalf of a Firm shall be signed by all the Partners of the Firm
or by a Partner who has the necessary authority (supported with documentary
evidence) on behalf of the Firm to submit the Bid.
3.8 The Bidder must obtain for himself on his own responsibility and at his own expenses
all the information which may be necessary for the purpose of preparation and
submission of the Bid and for entering into a Contract, must inspect the site of Works,

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acquaint himself with all local conditions, means of access to the site, nature of the
Works and all matters pertaining thereto.
3.9 The bidder shall fill the ‘Form m) Contact Details form’ issued with this Bidding
document and upload the same along with the bidding documents and BMTC would
use these details to communicate with the bidder in case of issuance addenda &
verification of Originals of the Documents submitted.
3.10 BMTC may apply the provisions of Public Procurement (Preference to Make in India,
Order 2017 issued by Department of Industrial Policy & Promotion & its subsequent
revisions and AatmaNirbhar Bharat Abhiyan) wherever applicable as per guidelines of
Govt. of India. Any Indian manufacturer (Class-I local supplier) having valid technology
transfer will be considered as OEM of Major equipment (as defined in 1.2 of Annexure –
III: Bidders Company Requirement) and allowed to utilize the credential of the principal
OEM with which it has valid Technology Transfer Agreement. Indian manufacturer
(Class-I local supplier) at the time of bidding shall be required to provide a certificate
from the statutory auditor or cost auditor of the company giving the percentage of local
content.
3.11 As per Ministry of Finance, Department of Expenditure, Public Procurement Division
Order (Public procurement No. 1) [Link].6/18/2019-PPD dated 23rd July, 2020 regarding
Restrictions under Rule 144 (xi) of General Finance Rules (GFRs), 2017, Any Bidder
(including members of consortium) from a country which shares a land border with India
will be eligible to bid in any procurement whether of goods, services (including
consultancy services and non-consultancy services) or works (including turnkey projects)
only if the bidder is registered with the Competent Authority. In work contracts, including
turnkey contracts, contractors shall not be allowed to sub-contract to any contractor from
a country which shares a land border with India unless such contractor is registered with
the Competent Authority. A certificate of compliance with this order should be submitted
by bidder along with technical bid, if applicable. Bidder shall submit the declaration about
country of origin for the Quoted equipment in technical bid.
3.12 Latest notifications of Govt. of India regarding Public Procurement will be referred for
concluding the result of tender.

4. SCOPE OF WORK
4.1 The scope of Work shall be as described under “Annexure I - Scope of Work”.

4.2 The successful Bidder shall perform, execute and implement the Works strictly in
accordance with Drawings, details, specifications, standard engineering practices and
instructions of BMTC and in accordance with the terms and conditions of the
Contract to ensure that the Works proceed smoothly without any delay and to the
satisfaction of BMTC.
4.3 The Work shall be carried out strictly in compliance with the requirements of the
project conditions.
4.4 Any subcontracting by the successful Bidder for performance, execution and
implementation of the Works shall be with the prior consent of BMTC.
4.5 The successful Bidder should make his own arrangement to obtain all materials
required for performing, executing and implementing the Works.

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5. EARNEST MONEY DEPOSIT

5.1 The Bids shall be accompanied by an Earnest Money Deposit of Rs. 6,75,000 /- (Rupees
Six Lakhs Seventy Five Thousand Only) submitted through the payment gateway at
E – Tender portal ([Link]

5.2 A Bid which is not accompanied by such Earnest Money Deposit will be construed as
non- compliant bid and shall be summarily rejected.

5.3 EMD of disqualified Bidders will be discharged / returned as promptly as possible,

but not later than 30 days after Signing of the Contract with the Successful Bidder.
5.4 No interest shall be paid on the EMD whatsoever.
5.5 The Earnest Money Deposit of the successful Bidder will be returned upon acceptance
of the Work Order, by the successful Bidder, and furnishing the Performance Bank
Guarantee equivalent to Five Percent of Tender Amount in the form of DD or Bank
Guarantee.

5.6 A Bidder shall forfeit Earnest Money in case, such Bidder -

5.6.1 fails to start the work as may be indicated in the Letter of Award or fails to execute
the Contract within a period of 30 days from the date of issue of the Letter of Award;
5.6.2 without the written consent of BMTC, has withdrawn its Bid during the validity
period of the Bids and any extensions thereto;
5.6.3 after opening of the financial bid, alters the quoted rates/conditions in the Bid;
5.6.4 fails to provide /furnish the Performance Security within stipulated period
mentioned in the Letter of Award.
5.6.5 If a bidder submits a non-responsive bid;
5.6.6 If a Bidder withdraws his bid or increases his quoted prices during the period of bid
validity or its extended period, if any.
5.6.7 If during the bid process, a bidder indulges in any such deliberate act as would
jeopardize or unnecessarily delay the process of bid evaluation and finalization.
5.6.8 If during the bid process, any information is found false/fraudulent/mala fide, then
BMTC shall reject the bid and, if necessary, initiate action provided
5.6.9 If a bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
5.6.10 In the case of successful bidder, if he/she fails within the specified time limit –
[Link] to sign and return the duplicate copy of LOA in accordance with the terms
thereof;
[Link] to sign the contract within the time specified by BMTC; or
[Link] to furnish the Performance Bank Guarantee within the period prescribed
in the contract;

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5.6.11 During the bid process, if a Bidder indulges in any such deliberate act as would
jeopardize or unnecessarily delay the process of bid evaluation and finalization.

5.7 The PBG of successful bidder shall be kept valid for entire installation and commissioning
period, operations period of 5 years post commissioning and will be returned upon
completion of entire period of 5 years of successful operation plus six months.
Performance Bank Guarantee has to be provided in the name of BMTC.

6. SUBMISSION OF BIDS

E-submission of bid documents would comprise of the following submissions.

Sr. Submission Links under which documents are to be

No. uploaded at Bid Submission

1. Tender Document Cost Tender document Fee

2 Technical Bid Submission Upload Technical Bid Documents
3 Financial Bid Submission Upload Financial Bid Document

4 Declaration Declaration

Technical Bid Submission

The documents listed at para 6.1.2 of the Tender document shall be filled as per the
formats provided, shall be duly signed by the authorized signatory and the same shall
be scanned and uploaded under the respective links provided for each document
under the sub-criteria “Upload Technical Bid Documents”.

Financial Bid Submission

The documents shall be filled as per the format provided, shall be duly signed by the
authorized signatory and the same shall be scanned and submitted/uploaded under
the respective links provided for each document under the sub-criteria “Upload
Financial Bid Document”.

 Care shall be taken to upload the Financial Bid document only against the
slot/link specified for “Financial Bid” and not to be uploaded in any other
slots/links.
 The Bidder shall complete the Financial Bid submission process by filling in the
quoted amount (inclusive of taxes) on the blank space provided next to
“Service Fee” under the “Financial Offer” link.

Declaration

The Bidder shall comply with the declaration criteria by selecting the compliance
options provided in the Declaration web page.

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Completion of Bid Submission:

a. The Bidder shall complete the Bid Submission process by clicking on the “Submit
Bid” link provided at the bottom of the “Bid Submission Summary/Overview”
web page.
b. The Bidder shall ensure that a “Green Tick” is displayed at the Status icons
provided against each of the five Bid Submission criteria (Tender document Fee,
EMD, Upload Technical Bid Documents, Upload Financial Bid Document and
Declaration).

Bidders are required to submit their Bids in two parts through e-procurement portal
before the closure of bid submission date/time.

Instructions to Bidders

A. This is an e-tender; Interested tenderers/Bidders may download the tender document

from [Link] submit their bids online at e-procurement
portal website: [Link]
B. Bidders should strictly follow the date & time schedule mentioned under the Tender
enquiry on e-procurement portal [Link]
C. Bids received on e-tendering portal only will be considered. Bids in any other form sent
through sealed cover/email/post/fax etc. will be rejected.
D. BMTC will not be responsible for any delay in submitting /uploading the offer
on tender portal. Hence, bidders are advised to upload their bids well in advance.
E. The request for extension to “Bid submission end date” should be avoided, in case
extension is inescapable, BMTC can take the decision.
F. For tender content related doubts bidder should contact BMTC contact person, contact
details are given in Table above.
G. While submitting the tender, if any of the prescribed conditions are not fulfilled or are
incomplete in any form, the tender is liable to be rejected. If any tenderer stipulates any
condition of his own, such conditional tender is liable to be rejected.
H. All the tender documents & financial bid to be uploaded as per this tender are to be
digitally signed by the bidder.
I. GST registration no. details should be submitted in technical bid.
J. Bids received after the due date and the specified time (including the extended period if
any) for any reason whatsoever, shall not be entertained and shall not be opened in the
e- Tendering system.

6.1 Part –1: The Technical Bid

6.1.1 Bidders are required to submit their Bids through e-procurement portal before the
closure of bid submission date/time. Proper care should be taken to ensure that the
Technical and Financial Bid documents are uploaded in the respective links only.

6.1.2 The Technical Bid shall contain supporting documents for the eligibility criteria defined
in Annexure III along with duly filled Forms (scanned & uploaded):
Form a) Letter for Submission of Technical Proposal

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Form b) Letter of Undertaking
Form c) Earnest Money Deposit as Bank Guarantee Format
Form d) Power of Attorney Format
Form e) Performance Bank Guarantee (format only)
Form f) Deviations Suggested
Form g) Detailed Technical Specifications
Form h) References
Form i) Service Support
Form j) Bidder's Organization, Company Profile and Sub-Contractors

Form k) Description of Approach, Methodology, Work and Training Plan

Form l) Financial Proposal (without prices)

Form m) Contact Details

6.2 Part-2: The Financial Bid

The Amount quoted shall be inclusive of all applicable statutory taxes (including GST).
Further the breakup of prices shall be provided as per Proforma (Form l - Financial
Proposal). Proforma shall be duly filled and signed by an authorized signatory from the
Bidder’s Company.

6.2.1 The Bidders shall quote for the entire Works such that the total contract value covers all
its risks, obligations and liabilities set out in or to be reasonably inferred from this
Tender Document including but not limited to matters in respect of Design, construction
& civil work of equipment foundations including allied services like test shed trimix
flooring, epoxy coating for the flooring, conduiting for cables including 3-phase & Single
phase cables & drainage, compressor piping, selection of suitable exhaust gas handling
system, provision of fresh air ducting for all underbody inspection pits, delivery of Test
lane equipment up to site, insurance, freight costs, customs clearances, interface
management, detailed design, detailing, coordination, value engineering, specialist
system procurement, erection and/or installation, testing, commissioning,
documentation, training of BMTC officers, defects remediation, complete operation of
the ATS for 5 years, reporting to BMTC. However, in case of imported equipment,
prices quoted shall include all taxes and charges including, but not limited to transit
insurance charges from FOB port of shipment or Airport upto the site, including charges
for Custom Clearances, etc.

6.2.2 The prices shall be quoted in Indian Rupees only. The amounts shall be quoted in figures
and words and in case of inconsistency, the words shall prevail.

6.3 Manner of submission

6.3.1 The two-part Bid shall be submitted online upto the said date and time.

6.3.2 BMTC may, at its discretion, extend the deadline for

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submission of Bids by issuing an addendum, in which case all rights and obligations
of BMTC and the Bidders previously subject to the original deadline will thereafter be
subject to the extended deadline.
6.3.3 BMTC reserves the right to, without limitation, without incurring any obligation or
liability vis-à-vis any Bidder and without expressing any cause or reason thereof, at any
time and at its sole discretion to independently verify, disqualify, reject and/or accept
any and all Bids or other information and/or evidence submitted by or on behalf of any
Bidder, including without limitation pursuant to and/or in connection with:
(a) receipt of a Bid after the submission deadline;

(b) failure to submit necessary supporting documentation following a specific

request by BMTC.
6.3.4 All the Bid documents have to be uploaded on the e-procurement portal only. Any
document submitted manually or by other means would not be accepted.

7. DEVIATIONS

7.1 In case, the Bidder fails to respond to any of the requirements, the Bidder is given the
opportunity of explaining why the proposed solution is equivalent or better to the
Minimum Requirement by filling document “Form f) Deviations Suggested”.
7.2 In case, BMTC finds any deviation which is not declared as part of the deviation
form submitted by the Bidder, BMTC reserves the right to reject the bid summarily
without assigning any reasons.

8. AMENDMENT TO TENDER DOCUMENT

8.1 Addenda / Corrigenda to the Tender Document may be issued by BMTC prior to the
last date of submission of the Bids to clarify the documents or to reflect any
modifications etc. All such addenda / corrigenda shall be treated as an integral part
of the Tender Document. All such addenda / corrigenda shall be notified only in the e-
procurement portal.
8.2 In order to afford prospective Bidders reasonable time for preparing their tenders
after taking into account such amendments, BMTC may, at its discretion, extend the
deadline for submission of tenders.
8.3 In case after issuance of addenda, any Bidder who has already submitted its Bid, does
not resubmit its Bid, it shall be deemed that such Bidder does not intend to modify its
Bid on the basis of the addenda and the addenda have been taken into account.

9. VALIDITY OF BIDS
9.1 Bids shall be unconditional, firm and remain valid and open for acceptance for a period
of 120 days & should be extendable for additional period of 60 days on request by
BMTC, without any additional cost, from the last date of submission of bids. Any Bid
having validity lower than that specified above shall be

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rejected by BMTC as being non responsive.

9.2 If a Bidder withdraws or revokes his offer after last date of submission of Bids, the
Bidder is liable to be disqualified and the Earnest Money Deposit submitted by such
Bidder is liable to be forfeited. Any Bidder shall not be allowed to carry out any revision
/ correction / modification in his Bid after the last date of submission of Bids.

9.3 In case BMTC calls the Bidder for clarifications then this shall not amount to
cancellation or withdrawal of original offer. BMTC reserves the right to finalize the
technical evaluation by conducting such seeking clarifications, till the start date/time of
the financial bid opening and prior to declaration of technical evaluation.

9.4 The equipment’s should preferably be delivered to each site in single slot & in case of
part delivery not more than three slots. This is in order to ensure one-time inspection
of all equipment supplied.
9.5 BMTC will issue the Work Order within 120 days from the date of award of
contract. The validity of Bid / Work Order will be six years including the five years of
Warranty and AMC period post commissioning which can be further extended as per
terms and conditions mentioned in this tender document.

10. CLARIFICATIONS TO BIDDER’S QUERIES

The Bidders are requested to raise their queries, if any, by email at

civildepartmentbmtc@[Link] up to the mentioned time. BMTC will address all the
queries received from all the Bidders in the Pre-Bid meeting only. The responses will
be uploaded on the e – procurement website. The queries and responses thereto,
would be uploaded without identifying the source of queries. BMTC reserves the right
not to respond to questions raised or provide clarifications sought, in their sole
discretion, if it is considered that it would be inappropriate to do so. Nothing in this
section shall be taken or read as compelling or requiring BMTC to respond to any
question or to provide any clarification.

11. BID EVALUATION PROCESS

The bidding evaluation process will be as follows:

EMD of Rs. 6,75,000 /- (Rupees Six Lakhs Seventy Five Thousand Only) shall be
submitted through the payment gateway at E – Tender portal
([Link]

11.1. Technical Bids Opening

11.1.1 The bids shall be opened online as per the prescribed schedule. (Bidders may present
at BMTC Central Office, Bengaluru if they wish).
11.2 Technical Bid Evaluation

11.2.1 During the technical bid evaluation process, BMTC may ask clarifications from the
bidder through E-mail/ Fax, for confirming and consolidating their technical offers.

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11.2.2 All such clarifications are required to be answered by the bidder by E-mail/Fax, within
the time specified by BMTC. The signed hard copies of the same need to be submitted
to BMTC and shall be deemed to be the part of the tender documents.
11.2.3 All valid bids shall be evaluated as per “Annexure VI - Evaluation Parameters” to
determine technically qualified bids.
11.2.4 The result of technical bid evaluation will be published on online portal.

11.2.5 Financial bids of only the technically qualified bidders shall beopened.

11.3 Financial Bids Opening

11.3.1 The Financial bids of all the technically qualified Bidders shall be opened online.

11.3.2 BMTC reserves the right to revise the scope of work or specifications considered
necessary in the bid process through Addenda/ Corrigenda well within the last date of
submission of bids.
11.3.3 This will be a segregated bid evaluation system.

11.4 Financial Bid Evaluation

11.4.1 All valid financial bids shall be evaluated/ scrutinized as per “Annexure VI - Evaluation
Parameters”.

11.5 Determination of the Successful Bidder

11.5.1 The best evaluated bid shall be determined as per “Annexure VI - Evaluation
Parameters”.

11.5.2 The Bidder with the lowest cost as per the evaluation parameters shall be deemed as the
successful Bidder (“Successful Bidder”) as per the segregated bid evaluation system.

11.6 Notification and Issue of Letter of Award

11.6.1 After selection, a Letter of Award (LOA) shall be issued, in duplicate, by the Authority
to the selected bidder and the selected bidder shall, within 7 (seven) days of receipt of
LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof.

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11.6.2 At the same time, the selected bidder shall also pay a Performance Security in the form
of Demand Draft (DD) or an irrevocable Bank Guarantee in favour of "Chief Accounts
Officer- Financial Advisor – BMTC" issued by nationalized or scheduled banks, having
head office in India, payable at Bengaluru only.

12. BMTC RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDDERS

BMTC reserves the right to accept or reject any bid, and to annul the tender process and
reject all Bids, at any time prior to award of Contract without assigning any reasons for
such acceptance / rejection, or to divide the Contract between / amongst Bidders
without thereby incurring any liability to the affected Bidder or Bidders or any
obligations to inform the affected Bidder or Bidders of the grounds for BMTC action. The
Bidders shall not have any cause of action or claim against BMTC for rejection of their
bids.

13. NON-EXCLUSIVITY

The right of the Successful Bidder to perform executes and implements the Works or
any part thereof pursuant to the Contract, is not exclusive and shall not prevent BMTC
from granting a similar right to other parties.

14. PROCESS TO BE CONFIDENTIAL

14.1 Except the public opening of Bids, information relating to the examination,
clarification, evaluation and comparison of Bids and recommendations concerning
the award of Contract shall not be disclosed to Bidders or other persons not officially
concerned with such process.
14.2 Any effort by a Bidder to influence BMTC or any of its functionaries in the process of
examination, clarification, evaluation and comparison of tenders and in decisions
concerning award of contract, may result in the rejection of the Bid.
14.3 As part of his Technical Bid, the Bidder shall be required to furnish an undertaking
for confidentiality as “Form b) - Letter of Undertaking”.

15. PERFORMANCE BANK GUARANTEE

15.1 The bidder shall submit Performance Bank Guarantee equivalent to FIVE percent of
Tender Amount in the form of Demand Draft (DD) or an irrevocable Bank Guarantee in
favour of "Chief Accounts Officer – Financial Advisor – BMTC" issued by nationalized or
scheduled banks, having head office in India, payable at Bengaluru only at the time of
signing of contract. Performance Bank Guarantee is required to be submitted by the
Successful Bidder only after receipt of the Work Order. All charges whatsoever such as
premium; commission etc. with respect to the Performance Bank Guarantee shall be
borne by the bidder.

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Format of Performance Bank Guarantee is given in form e).

15.2 The Performance Bank Guarantee of the Successful Bidder will be invoked and
forfeited if the Successful Bidder fails to comply with the conditions of Work order.

15.3 The PBG of successful bidder will be returned upon completion of entire period of 1 year
from the date of commissioning. Performance Bank Guarantee has to be provided in the
name of Chief Accounts Officer – Financial Advisor – BMTC.

15.4 The Performance Bank Guarantee may be discharged/ returned by BMTC upon
being satisfied that there has been due performance of the obligations of the Bidder
under the contract. However, no interest shall be payable on the Performance Bank
Guarantee.

15.5 In the event of the Bidder being unable to service the contract for whatever reason
BMTC would invoke the PBG. Notwithstanding and without prejudice to any rights
whatsoever of BMTC under the contract in the matter, the proceeds of the PBG shall be
payable to BMTC as compensation for any loss resulting from the bidder’s failure to
complete its obligations under the Contract. BMTC shall notify the Bidder in writing
of the exercise of its right to receive such compensation within 15 days, indicating
the contractual obligation(s) for which the Bidder is in default.

15.6 BMTC shall also be entitled to make recoveries from the bidder’s bills, performance bank
guarantee, or from any other amount due to him, the equivalent value of any payment
made to him due to inadvertence, error, collusion, misconstruction or misstatement.

15.7 The Performance Bank Guarantee shall be forfeited and encashed either wholly or
partly, inter alia, in the following cases:

15.7.1 If the Successful Bidder withdraws from the project midway during the project
term,
15.7.2 If during the project term, there is any incident of gross professional negligence
resulting in delayed service, or adversely affecting the quality of the work.
15.7.3 Any act or acts of the successful bidder which render the project un-operational
and BMTC establishes sufficient reasons to forfeit the Performance Bank
Guarantee.
15.7.4 Successful Bidder defaults on any conditions(s) laid in this document,
15.7.5 Successful Bidder is found to have made misleading or false representation in
the forms, statements and attachments submitted or attached to the bid, or,
15.7.6 The bidder is found indulging in corrupt, fraudulent practices or coercive
practices.

16. TERMS OF PAYMENT

16.1 The terms of payment shall be as described in “Annexure VIII – Terms of payment”.

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17. GENERAL
17.1 BMTC reserves the right to, without limitation, without incurring any obligation or
liability vis-à-vis any Bidder and without expressing any cause or reason thereof, at
any time and at its sole discretion amend or supplement the Tender Document
and/or the selection process or the dates or other terms and conditions relating thereto,
suspend and/or cancel the selection process.
17.2 BMTC reserves the right to, without limitation, without incurring any obligation or
liability vis-à-vis any Bidder and without expressing any cause or reason thereof, at
any time and at its sole discretion to independently disqualify, reject and/or accept
any and all Bids or other information and/or evidence submitted by or on behalf of any
Bidder, including without limitation pursuant to and/or in connection with receipt of a
Bid after the submission deadline and/or determination that bidder will be enable to
fulfil the requirements of the tender document based on the qualification criteria
specified in the document.

17.3 The decisions and/or the exercise of discretion by BMTC shall not be challenged by any
Bidder and are final.

17.4 Any failure by BMTC to exercise any rights hereunder, pursuant hereto and/or in
connection herewith shall not be a waiver of those or any other rights unless expressly
stated as such in writing by BMTC.
17.5 The Bidders and their respective officers, employees, agents and advisers must not
engage in any collusive tendering, anti-competitive conduct or any other similar
conduct with any other Bidder or any other entity in relation to the preparation or
evaluation of Bids or otherwise in any aspect of the Works.

18 LIST OF ANNEXURES
The Annexures to this document are as listed below –

Annexure-I: Scope of Work

Annexure-II: Site Description
Annexure-III: Bidder’s Company Requirements
Annexure-IV: Equipment Details
Annexure-IV-A: IT Equipment Specifications
Annexure-V: Characteristics of Vehicles tobe tested
Annexure-VI: Evaluation Parameters
Annexure-VII: Acceptance Criteria
Annexure-VIII: Terms of Payment
Annexure-IX: General Conditions of Contract (GCC)

19 LIST OF FORMS
The Forms to this document are as listed below –

Form a) Letter for Submission of Technical Proposal

Form b) Letter of Undertaking

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Form c) Earnest Money Deposit as Bank Guarantee Format
Form d) Power of Attorney Format
Form e) Performance Bank Guarantee and form of Demand
Form f) Deviations Suggested
Form g) Detailed Technical Specifications
Form h) References
Form i) Service Support
Form j) Bidder's Organization, Company Profile
Form k) Description of Approach, Methodology, Work and Training Plan
Form l) Financial Proposal
Form m) Contact Details

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Annexure-I: Scope of Work BMTC

Annexure-I: Scope of Work

1. General

The scope of work this tender is to set up Automated Vehicle Fitness Testing Station (ATS) at
Jadigenahall (Bengaluru), Karnataka including Operation of ATS for 5 Years. The detailed
scope of work is as follows:
• Supply, installation & commissioning of identified test lane equipment/system
including integration of test systems and system checking at ATS, Jadigenahalli
(Bengaluru), Karnataka.
• Supply, installation & commissioning of necessary calibration tools, special tools and
requisite software for smooth operation of the ATS with necessary reports.
• Design, construction & civil work of equipment foundations including allied services
like test shed trimix flooring, epoxy coating for the flooring, conduiting for cables
including 3-phase & Single phase cables & drainage, compressor piping. If compressed
air is required for functioning of equipment, then availability of Compressor of
requisite capacity at site will be the responsibility of Successful Bidder.
• Supply, installation & commissioning of suitable exhaust gas handling system &
provision for fresh air ducting for all underbody inspection pits.
• Operation of ATS for 5 Years after the commissioning of equipment with trained
Technicians, Supervisors and operators for complete in-use vehicle tests, including all
tests mentioned in CMVR & KMVR. Additional tests, if any, required by BMTC for
ensuring optimum safety and emission performance of in-use vehicles shall also be
performed.
• Comprehensive Annual Maintenance Contract for 3 years after completion of
warranty period of 2 years.
• Preparation of Manuals & imparting induction training and refresher training to the
officers of BMTC.

The successful bidder shall be expected to complete the works by the intended completion
date specified in the contract.

All bidders shall provide a preliminary description of the proposed work method and
schedule, including drawings and charts, as necessary. The proposed Approach and
Methodology should include programme of equipment planning and deployment duly
supported with broad calculations and quality assurance procedures proposed to be
adopted justifying their capability of execution and completion of work as per technical
specifications, within stipulated period of completion.

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2. List of Test Lane Equipment

The Test Lane Equipment required to installed & commissioned in the Automated Vehicle
Fitness Testing Station (ATS) to be established at Jadigenahalli (Bengaluru) in
Karnataka State are as mentioned in Table 1: List of equipment’s.

Automated Vehicle Fitness Testing Station (ATS) at Jadigenahalli (Bengaluru) shall

consist of 1 (One) Light commercial vehicle lane & 2 (Two) Heavy commercial vehicle
lanes.

Technical specifications of equipment are given in Annexure IV.

Table 1: List of equipment’s

S. No. Equipment QUANTITY

1 Common Equipment
i Air Compressor with all pipes and linkages 1

ii Free Roller Set for 1 lane (Portable for testing All wheel Drive 1
Light Commercial vehicles)
iii Bogie Roller Set for 2 lanes (Embedded for testing multi-axle 2
heavy commercial vehicles having more than one live axle)
iv Toeing trolley or rail Trolley (For front wheel of 3-Wheeled 1
vehicle)
v Calibration Equipment set 1
vi Automatic Tyre pressure filler and indicator 3
vii Number Plate Reader Camera (as per Annexure IV-A) 3

viii Global Positioning System enabled camera: 1 no. per lane (as 3
per Annexure IV-A)
ix Desktops (as per Annexure IV-A): 4 nos. per for administrative 13
purpose & 3 nos. per lane for lane equipment operation (as per
Annexure IV-A)
x Speed dome camera (as per Annexure IV-A) 1

xi Printer: for printing reports/certificates (as per Annexure IV-A) 3

xii Sticker Printer (as per Annexure IV-A) 2

xiii Token Printer 2

2 Server, CCTV, Audio paging, Smart TV with CCTV

viewer, LED displays, LAN Network (as per Annexure
IV-A)
i Server: (1 no. as a main server & 1 no. as a backup server) 2
ii CCTV: 10 nos. for test shed & admin block and 2 nos. for each 16
under body inspection pit

iii Audio paging 1

iv Smart TV with CCTV viewer 1

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v LED displays: 3 nos. per lane 9

vi LAN Network Necessary

LAN
network
hardware
with cables
shall be
provided.
3 Light Commercial Vehicle Lane
i Roller brake tester 1
ii Suspension tester 1

iii Side slip tester 1

iv Joint Play tester 1

v Electronic Steering gear play detector 1

vi Semi - Automatic Head light tester 1

vii Smoke meter (Opacimeter) 1

viii Exhaust gas analyzer 1

ix Speedometer Tester / Speed Governor Tester 1

x Sound level Meter 1

xi OBD scan tool 1

xii Test fingers 1

xiii Insulation Tester 1

4 Heavy Commercial Vehicle Lane

i Roller brake tester 2
ii Joint Play tester 2

iii Electronic Steering gear play detector 2

iv Side slip tester 2

v Semi - Automatic Head light tester 2

vi Smoke meter (Opacimeter) 2

vii Exhaust gas analyzer 2

viii Speedometer Tester / Speed Governor Tester 2

ix Sound Level Meter 2

x OBD scan tool 2

xi Test fingers 2

xii Insulation Tester 2

The purpose of CCTV cameras to be installed in underbody inspection pits is to monitor &
record underbody inspections being carried out by operator. CCTV footage of underbody
inspections, need to be stored on central server of the ATS.

The bidder shall have total responsibility for the process including all phases of design,
manufacture, assembly and functional testing of the equipment, shipment, installation,
commissioning, integration of systems, training and system checking for all the elements
listed in the current document. Design, construction & civil work of equipment foundations

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including allied services like test shed trimix flooring, epoxy coating for the flooring,
conduiting for cables including 3-phase & Single phase cables & drainage, compressor
piping will also be responsibility of the successful Bidder. Test shed floor requires
excavation, earthwork and filling, labelling. Test shed trimix flooring is recommended for
18-ton design load. Electrical cables are to be insulated in U-PVC pipe. The suitable exhaust
gas handling system (to take care of exhaust of the vehicle under test) is to be selected,
supplied, installed & commissioned by the successful Bidder. Successful Bidder should also
provide fresh air ducting for all underbody inspection pits. Necessary information such as
site layout shall be provided to successful bidder before start of work execution.

All connections between the supplied elements cables & control panel are the responsibility
of the successful Bidder. Each equipment shall be supplied with all cables, connectors, etc.
required for the equipment operation. Cabling from control panel placed in the utility room
to equipment will be responsibility of the successful bidder. Cabling from utility room to
distribution panel in the test shed will be done by BMTC. The expenses of any fuel at the
time of installation and commissioning of equipment have to be borne by the successful
bidder.

3. Software
Bidder shall ensure the system upgradation with the latest software version free of cost
for the first two years under warranty. The comprehensive AMC charges for next three
years should include software upgradation charges also. The referred system
upgradation shall be applicable in the event of:
• Critical releases on the software
• New Operating System adoption
• Accumulation of minor upgrades in the software
• Any changes in the test limits or test procedure or reporting requirement

If Hardware upgradation is required in order to achieve the software upgradation, this

will also be included free of charge. This includes, as an example, the Computer,
connections and communication cards. The supplier is also responsible for completing
the tests for commissioning the upgraded software. This software should have
provision to match and compile the data of any new software developed by any other
agency in other ATS in the country. If any upgradation of the software system is
required for integration with other external software, the supplier shall provide full
cooperation and if required develop any new software which would eventually result
in compilation with other software’s. Hardware required for networking with other
ATS should be provided by successful bidder only.

Each test lane should be designed to facilitate 3 to 4 individual test positions to achieve
the maximum test throughput. In general, throughputs of minimum ten (10) vehicles
per hour for the light commercial vehicle lane and minimum six (6) vehicles per hour
per lane for the heavy commercial vehicle lane should be achievable with trained
inspectors. The test lane instruments must be designed to achieve the required
throughput and duty cycle.

Presently the Transport Department, Government of Karnataka is using VAHAN

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software developed by NIC for registration of vehicles. The bidder is required to

integrate their system software to link with above modules for vehicle data. At the end
of operation/AMC all data has to be handed over to the BMTC including software
integration protocols. The bidder should also provide all integration protocols of
software which are required for integration with other software’s.

The appointment for fitness test at ATS shall be booked electronically, through the
electronic portal (NIC’s VAHAN Portal), set up by the Central Government.

The following documents and information shall be indicatively fetched / uploaded at

the time of booking a slot for fitness test at ATS, namely: -

i) Registration Certificate of Vehicle, along with Form 25 of CMVR, wherever

applicable;
ii) valid Insurance Certificate;
iii) last valid Permit, wherever applicable;
iv) mobile number and email ID of the registered owner or authorized
signatory.

The other details related to the vehicle, not limited to the following, shall be fetched
automatically from the VAHAN database, namely: -
i) Chassis Number;
ii) Engine number;
iii) Fuel;
iv) Vehicle Class;
v) Vehicle Category;
vi) Make and Model;
vii) Gross Vehicle Weight (GVW);
viii) Month and Year of Manufacture; and
ix) Speed Governor Serial Number, wherever applicable.

Software to include facility for intimation of fitness test as per appointments. This will
enable operator in scheduling vehicle tests.

Lane operation software shall have security locks for operator and vehicle. At each test
station, test operation will commence after scanning the operator Id. Card. &
Registration plate number. Display of testing station in a test lane shall not indicate
any test result. All test results shall be masked on the test lane with encrypted test data.
The test report shall be generated automatically and digitally signed with relevant
details, immediately after completion of all tests.

The test data and report generated shall be kept in a safe and secured facility and
uploaded on the electronic portal. Photographs of vehicle and its Chassis and Engine
number shall be captured by Global Positioning System enabled camera and shall be
kept in a secured facility and uploaded on the electronic portal along with the tests
data and report. The results shall also be integrated with VAHAN Database.

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Test report so generated shall be sent to the registered owner or authorized signatory
through physical and electronic mode and the test report shall include the following,
namely: -
i. ATS Name and registration number;
ii. date and time of the test;
iii. vehicle details – Registration number, Type, Make and Model;
iv. visual check details;
v. measured and permissible values of functional tests;
vi. date of calibration of each equipment of the automated testing station on which
tests are conducted;
vii. list of functional tests or visual checks failed by the vehicle, in case certificate
of fitness is not granted.
viii. unique QR code

The vehicle test report so generated shall be as per the format given in “Form 69 -
FORM FOR VEHICLE TEST REPORT” of CMVR as amended from time to time.
Software should have the facility to print the vehicle fitness test pass sticker in the
format as specified in CMVR.

4. Calibration
Each equipment shall be supplied with all the required calibration certificates.

All measuring devices shall be calibrated and traceable calibration certificates shall be
available at the time of pre-dispatch inspection, and shall be included in the
documentation delivered by the supplier. Calibration plan shall be included. The
calibration plan shall be approved by the BMTC. Any recommendations of the BMTC
shall be adhered to, by the bidder.

Arrangement of calibrated material for the pre-dispatch inspection and final

acceptance is the responsibility of the equipment supplier.

Calibration tools and plan need to comply with International Standards and
Accreditation, i.e. ISO/IEC 17025:2017 and / or NABL. Calibration facility and
traceability to national and international laboratories should be provided.

The Smoke Meter (Opacimeter) and Exhaust Gas Analyzers shall comply with CMVR
Rule 116 (3). For the remaining equipment, in case of non-availability of recognized
accreditation agency, the Bidder shall submit thorough explanations on the calibration
procedure used. The same shall be approved by the BMTC. Any changes/
recommendations of the BMTC shall be adhered to, by the bidder at no extra cost to
the BMTC.

Calibration equipment as described in Annexure IV, shall also be available with the
Bidder in order to maintain the required performances of all the testing equipment
included in this tender. The equipment should not operate if its calibration due date

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is over or its next calibration due date is not updated in the software. The interlock for
the same should be provided in the software.

5. Climatic Conditions
The bidder is responsible for the declared performances to be reached under the
climatic condition appearing in “Annexure II - Site Description”.

6. Health & Environmental Requirements

All above equipment’s must meet the Environmental, Health and Safety aspects (CE or
equivalent). Certificates shall be included in the Documentation. If hazardous material
is used, please provide MSDS (Material Safety Data Sheet).

7. Documentation
At the time of equipment delivery, the supplier is required to provide, for each
equipment, manuals in English, Hindi & Kannada languages containing: description
of the equipment with detailed drawings, instructions on the operation of the system,
detailed software control commands, safety systems, calibration plan and procedure,
full maintenance plan and procedure details.

Calibration certificates shall be included in the documentation.

Documentation shall be delivered in Two Hard Copies and in Soft Copies (in two pen-
drives).

8. Construction of Equipment Foundations including flooring & Installation of

equipment

The successful Bidder shall deploy an Implementation Team with demonstrable skills
and experience in order to achieve the requested quality of Design, construction & civil
work of equipment foundations including allied services like test shed trimix flooring,
epoxy coating for the flooring, conduiting for cables including 3-phase & Single phase
cables & drainage, compressor piping, exhaust gas handling system (to take care of
exhaust of the vehicle under test), fresh air ducting for all underbody inspection pits &
Installation of test lane equipment.

The bidder is required to prepare and submit the MS Project plan covering all the
activities envisaged in the project.

This implementation plan shall be included in document “Form k) - Description of

Approach, Methodology and Work Plan”

Bidder shall clearly explain the steps to be followed for implementation of the ATS lanes,

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detailing the work team involved at each stage and the requirements from BMTC in
“Form k) - Description of Approach, Methodology and Work Plan”

The Bidder is also required to deliver, together with its offer, a typical implementation
layout. The layout should consider site conditions, utilities, expected throughput and
optimized cost of operation.
The Bidder for this tender is responsible for any interface with the Civil Works and
General Utilities appearing in the document “Annexure II - Sites Description”. The
successful Bidder shall also specify any special requirement on the civil works and
utilities in “Form k) - Description of Approach, Methodology, Work and Plan”, as per the
document “Annexure II - Sites Description”.

All the civil work of equipment foundations will be executed by successful bidder as per
CPWD norms. Wherever CPWD norms are not applicable, the successful bidder will take
consent from BMTC for execution of civil work of equipment foundations. Thickness of
Epoxy coating should be at least 3 mm. Color scheme for epoxy coating of test shed
flooring will be provided by BMTC.

9. Pre-dispatch Inspection and Acceptance Tests

Pre-dispatch inspection of the equipment to be supplied shall be performed in the
presence of a team of 4 – 5 persons as decided by BMTC for a period of one week.
All arrangement in consultation with BMTC shall be made by the bidder. Bidder shall
be responsible for all the costs towards inspection, Travel, Lodging and Boarding of the
team etc. Thesetests shall be carried out at the Bidder’s premises, as per “Annexure VII -
Acceptance Criteria”. Certificates of calibration from recognized accreditation agency,
as per “Annexure VII - Acceptance Criteria” shall be submitted. If re-inspection by
the team is required by any circumstances, total expenses for revisit shall be borne
by the successful bidder.

Demonstration of the performance of the supplied equipment shall be performed as

per tests described in “Annexure VII - Acceptance Criteria”. The successful bidder
shall provide detailed acceptance procedure during the design review meeting.

10. Exhaust Gas Handling System

Suitable exhaust gas handling system (to take care of exhaust of the vehicle under test)
is to be selected, supplied, installed & commissioned by the bidder. The exhaust gas
handling system shall maintain proper ventilation inside the test shed.

Minimum requirements of Exhaust gas handling system are as follows.

 LCV Lane:
Vehicle Exhaust Flow: 550 m3/hr
Vehicle Exhaust Temperature: 80⁰C to 100⁰C

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 HCV lane:
Vehicle Exhaust Flow: 1500 m3/hr
Vehicle Exhaust Temperature: 100⁰C to 110⁰C

Blower should be designed considering above vehicle exhaust flow & temperature.
Dilution of the vehicle exhaust should be carried out considering vehicle exhaust
temperature. Suitable extraction unit should be provided along with each blower.
Suction Velocity of exhaust at the end of extraction unit is to be in the range of 13-15
m/s. Suitable standard flexible hoses with required length need to be provided. While
all blowers in working condition, noise level should be below 80dB inside the test
shed.

Bidder should also provide fresh air ducting for all underbody inspection pits.

11. Operation of Automated Vehicle Fitness Testing Station (ATS)

The Successful Bidder is required to operate the ATS for a period of 5 years from the
date of successful commissioning of test lane equipment’s. The cost of operation must
include cost of manpower, consumable including water, electricity, internet,
telephone, gases, fuel etc., maintenance and spares and all other associated costs. The
bidder will be responsible for providing housekeeping, security, maintenance of
construction and utilities and servicing of all utilities for a period of 5 years of
operation. BMTC will collect the test fees & Motor Vehicle Inspector / Transport
Department, Government of Karnataka will issue the fitness certificate. The bidder will
be responsible for providing test report to the Motor Vehicle Inspector / Transport
Department, Government of Karnataka authority. The Bidder shall deploy requisite
number of Trained Office staff, Technicians, Operators, Supervisors and Managers at
the ATS for operation of the equipment, testing of vehicles and issuing a Fitness Test
report. The bidder is required to provide the organization chart for operation of the ATS.
The standard operating procedure of the ATS shall be displayed in the waiting area for
public as well as staff. Necessary cyber security certifications shall be provided for the
Information Technology Systems for safe access to the VAHAN database as
applicable.

Eventually, the ATS is expected to run in two shifts as and when the number of
vehicles increases beyond one shift operation. However, the bidder is required to
quote for the cost of operation for 5 years on Single shift basis.

The bidder is required to establish QA/QC document for following operations:

• Test procedures for testing vehicles in the lane

• Calibration procedure and plan
• Maintenance procedure and plan
• Data Management (Data storage, mining, archiving, etc.) & Networking
• Optimization for vehicle throughput, detail flow of the Testing process to
be followed including customer handling process

The Bidder is required to independently operate the ATS. The bidder should be able
to do the following for running of operations.
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1. Equipment management
1.1. Bidder or his consortium partner should also have experience of running
computerized ATS.
1.2. The Bidder or his consortium should have the experience of inspecting the
range of all type of vehicles from light commercial vehicles to heavy
commercial vehicles.
1.3. The bidder or his consortium should have successful track record of operating
the lanes and testing the vehicles.

2. Manpower management

The bidder shall deploy one project coordinator for entire project duration for
coordination between the BMTC, Transport Department and ATS.
2.1. Additionally, the bidder should deploy required manpower like Centre Head
/ Manager, Trained Technicians, Operators, Supervisors and drivers at the
ATS for operation of the equipment, testing of vehicles and issuing a Fitness
Test report.
2.2. The minimum requirement of manpower on the basis of number of lanes per
shift shall be as under:

Minimum
Sr.
Designation manpower Minimum Qualification
No.
requirement
Graduate in Automobile or
Mechanical or Electrical or
Electronic Engineering with at
least ten years of professional
experience which includes at
least five years of experience in
Centre vehicle inspection,
1 Head/Manage 1 manufacturing or repair and shall
r have thorough knowledge of the
Act and the rules made
thereunder, especially the
chapters relating to registration of
motor vehicles and construction,
equipment and maintenance of
motor vehicles.
Industrial Training Institute
Diploma in Motor Mechanics or
Diploma in Mechanical or
automobile or electrical stream
Lane in-charge 1 per lane per
2 with minimum three years of
/ Supervisor shift
experience in automobile repair
and Maintenance from any
recognized organization or
institutions.

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Industrial Training Institute

Diploma in Motor Mechanics or
Electrical or Computer stream
2 per lane per with minimum two years of
3 Lane Operator
shift experience in automobile repair
and maintenance from any
recognized organization or
institutions.
Master of Computer Application
or Bachelor of Engineering or
Bachelor of Technology in
Computer Science or Information
Information
technology or Electronics and
technology in-
4 Communication Engineering
charge/System 2
with at least three years of
Analyst
experience in Hardware,
software and Networking from
any recognized organization or
institutions.
Any Graduation Degree or
Data Entry Diploma in Computer
5 2
Operator Application with basic computer
knowledge.
Driver (Light Driving license with minimum
Motor Vehicle 2 per lane per five years of driving experience
6
/Heavy Motor shift (Light Motor Vehicle or Heavy
Vehicle) Motor Vehicle).
Industrial Training Institute
Diploma in Air Conditioning and
Refrigeration or Industrial
Training Institute Electrician or
Maintenance 1 per lane per Diploma in Mechanical or
7
Technician shift Electrical, with minimum two
years of experience in electrical
Maintenance from any
recognized organization or
institutions.

2.3. The bidder should manage the team of operators for smooth and efficient
running of ATS and maintain the record of manpower working in the ATS.
The bidder should furnish the required details of manpower utilization
periodically.
2.4. The bidder is required to comply with the legal requirements of deployed
manpower as per applicable Indian governing laws including labour laws.
2.5. The bidder is required to ensure to follow Industrial safety norms manpower
deployed at the operation lane.

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3. Trainings

3.1. Bidder should have in-house team for providing training to inspectors, other
staff and DoT officials for inspection. In addition to English and Hindi, Bidder
is required to provide training in Kannada language.
3.2. Bidder should have in-house team to provide update trainings as and when
required for the operators and inspectors.

4. Operation procedures
4.1. Bidder should have duly defined Operation procedures for inspecting and
testing of vehicles.
4.2. The standard operating procedure of the ATS shall be displayed in the waiting
area for public as well as staff.
1.1. Bidder should provide manuals in English, Hindi and Kannada languages for
testing and inspection of vehicles in soft copy and hard copies.

5. Calibration
5.1. Bidder should have a scheduled calibration and maintenance plan for the
equipment’s.
5.2. Bidder is also required to maintain the inventory of tools and consumable items
to be used in calibration of equipment’s.
5.3. Bidder should clearly define the calibration and test procedure for the
equipment’s.

For all the above points, the details shall be submitted to the BMTC for approval
before the commissioning. Any changes / recommendations suggested by the
BMTC shall be adhered to.

6. Spare parts Management

6.1. Bidder should keep the inventory of the spare parts required for the smooth
running of operations.

7. Software – Bidder should have their own software which should have the
following features.

7.1. Software management –

7.1.1. Bidder should have their own software to be installed on the LAN.
7.1.2. Bidder should be able to maintain and manage their software.
7.1.3. Bidder should be able to update the software free of cost as and when
required i.e. whenever there is any kind of change in Chapter XI of
Central Motor Vehicle Rule for Recognition, Regulation and Control of
Automated Testing Station and under Karnataka Motor Vehicles Rules
(KMVR) or any modification in software is required for meeting testing
requirements and provide all necessary integration software details
including the necessary API and the SDK to BMTC or their authorized
representatives.

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7.2. Data management –

7.2.1. Bidder should be able to do data management in the software like data
storage, mining, archiving etc.

Successful Bidder shall setup required server at ATS to store all the
information centrally. The central server shall be able to display information
centrally to the BMTC / Transport Commissioner’s office in real-time.
7.2.2. The data generation, processing and storage shall be done in a manner
so as to ensure that, -
[Link]. the database is stored in a data management software platform
to enable easy exchange and analysis of data with other
platforms;
[Link]. all automated test results shall be automatically transmitted to a
server installed in the ATS and visual checks data, including
photographs, shall also be transferred on the same server; (read
with Annexure 4 – visual inspection)
[Link]. the fitness criteria for pass or fail shall be automatic and in
accordance with Central Motor Vehicle rule 1989.

8. Test Runs – Bidder should periodically carry out in service checks on a defined
frequency on all lanes to ensure smooth and correct running for lanes without
hampering the routine operations.

12. Warranty, Technical Service and Maintenance

Since the operation of the ATS will have to be done by the Bidder, all responsibility of
Warranty and Maintenance will have to be borne by the Bidder to the satisfaction of
BMTC. Inability of checking vehicles in a particular test lane will be considered as
break-down and any machine in a test lane should not break-down for more than 24
hrs. and none of the test lanes should be non-operational for more than 100 hours per
year.

The Bidder is expected to perform at a throughput efficiency of typically minimum

Six (6) vehicles per hour for Heavy Commercial Vehicle Lanes and minimum Ten (10)
vehicles per hour for Light Commercial Vehicle Lanes capable of 24x7 operations.

In case the lane is non-operational due to breakdown of any equipment, it could result
in Penalizing the Operator of the ATS as mentioned in Clause 12.2 below.

The requirements for the Service Support are:

12.1 Service Support

In the event of unsatisfactory performance of the bidder in operating the ATS, the
BMTC will have right to select another vendor for operations of the ATS. In such
case, the Performance Security amount paid by successful bidder shall be forfeited and
the successful bidder shall provide necessary operational training to new operator.
However, the responsibility of providing the comprehensive AMC and warranty
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services remains with the successful bidder only when the alternate selected operator
operates the installed equipment in right manner, responsibly and exactly as per the
advice of equipment manufacturer. No additional payment for training will be given
to bidder.

The Bidder is required to have a service support set up in India, preferably in the state
of Karnataka with sufficient trained manpower.

The Bidder shall commit a maximum response time of 24 hours after the breakdown is
reported by the BMTC representative which is accepted by the Bidders’ operator or
Technician, which means that in case of any breakdown within 24 hours, the Bidder’s
personnel should reach the site, assess the cause of the breakdown and take necessary
action to resolve the issue.

The Bidder is requested to fill the corresponding part of “Form i) Service Support”.

12.2 Warranty

The Bidder shall be required to provide a comprehensive warranty of minimum two

years after completion of successful installation and commissioning at site, for
equipment supplied under this tender, including the following -

• Bidder shall commit 95% of uptime.

• Any preventive maintenance and / or repair for breakdown shall be carried

out by the Bidder at his own cost during warranty period. No charge on this
account (including cost of calibration, spare parts, wear parts, consumables to
be changed during maintenance, travel and accommodation expenses, etc.) will
be borne by BMTC.

• The preventive maintenance will be carried out by bidder, at a frequency

specified by the Bidder at time of Technical Bid Submission. Any suggestions
/ directions in this regard of the BMTC shall be adhered to. Every three
months, the bidder’s representative will be required to inspect the equipment
and submit a report on overall health & maintenance status of the equipment.

• In case a lane is non-operational / partially operational (i.e. not fully

operational) for more than 100 hours in a year, Rs. 1000 charges per hour/per
non-operational lane would be deducted from the subsequent bill of
operations of next month. This clause is pertaining to non-operation / partial
operation of lanes due to breakdown of one or more lane equipment,
unavailability of one or more manpower, spare parts, utilities or any other
operation related issues.

As required in the conditions above, the Bidder shall include under the Warranty
conditions both preventive and corrective maintenance during the Warranty period.
This includes all scheduled preventive maintenance, as well as assistance in case of
breakdown, not limited to the scheduled visits, but committing to the 24 hours
response time after breakdown is reported by BMTC representative and accepted by
Bidders’ operator / technician operating the ATS, independently from the cause of the
breakdown. Both spare parts and labour shall be covered by these conditions in case of
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breakdown happening due to normal use of the facilities, and in no case BMTC shall be
charged for labour costs or spare part cost or any other costs associated to any kind of
breakdown during this Warranty period.

The Bidder is requested to fill the corresponding part of “Form i) Service Support”,
explicitly stating his agreement with each and all of the above conditions. Successful
Bidder shall be responsible for maintaining the above requirements for the entire period
of contract without exception. Successful Bidder shall ensure that during the entire
contract period, all equipment are supported by OEM warranty support. Any equipment
approaching end of life cycle as per its OEM's policy, should be replaced with new
equipment, at no extra cost to BMTC. Any technology upgrade, replacement of
hardware, software etc. required for the same, shall be provided by Successful Bidder at
no extra cost to BMTC.

The maximum penalty per quarter for the Successful Bidder shall be limited to 5% of the
total monthly billing. Beyond such limit, BMTC reserves right to consider it has reached
“Breach Level”. Post which, BMTC reserves right to invoke Termination Clause. The
maximum penalty for entire project period shall be limited to 2% of total project cost.
Post which, BMTC reserves right to invoke Termination Clause.

12.3 Comprehensive Annual Maintenance Contract (AMC)

The bidder will be responsible for providing 3 years Comprehensive AMC services
after completion of initial 2 years’ warranty period. With all Terms & Conditions
same as Warranty except the payment schedule which is as per 4(a) of Annexure-
VIII: Terms of Payment.

12.4 Spares, Consumables & Wear Parts

The Bidder is required to have critical / essential spare parts stored in India. The
Bidder shall be required to provide a list of critical / essential spare parts (not
consumables) without prices (to be included in “Form i) Service Support”).

The bidder shall provide the list of the consumables including the quantity required
per year during the Technical Bid submission.

13. Training Support

13.1 Pre-dispatch inspection training

Two training courses shall be included in the offer. These two courses will happen at
the Bidder’s site during pre-acceptance tests.
• Operational training shall include basics and functioning of the system,
system design and the flow schematics, system functions and
parameterization, operation and troubleshooting.
• Maintenance training shall include maintenance of the system and Utilities
interface.

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Operational training shall be based on the same kind of system (software release and
functions) to be supplied to BMTC for ATS. Maintenance training shall be based on the
same actual equipment to be shipped and installed at ATS.

The offer shall include the full training costs described above, for 4-5 persons for a
period of one week. Travelling, boarding, lodging and incidental costs shall be borne
by the Successful Bidder.

13.2 Induction training and refresher training

During installation & commissioning of equipment at ATS, induction training should
be imparted to the BMTC officers. Induction training should include class-room
training & on-job training based on the actual equipment installed at ATS along with
maintenance training.

Additionally, for a period of one month prior to completion of 5 years’ operation

period, the bidder should organize a refresher training for the BMTC Officers. The
refresher training should cover training on operation of equipment, regular
maintenance of equipment & utilities, lane operation & management software &
overall management of ATS.

14. Timelines
The successful bidder shall deploy an Implementation Team with demonstrable skills
and experience in order to achieve the Timelines mentioned in the table below:

No.
Activities Timelines for the Bidder
1. Release of work order M1
Design, construction & civil work of Within 5 (Five) months from release
equipment foundations including allied of work order
services like test shed trimix flooring,
2. conduiting for cables including 3-phase
& Single phase cables & drainage,
compressor piping and fresh air ducting
for all underbody inspection pits
Pre-dispatch Inspection of equipment at
1 (one) month prior to dispatch of
3. Original Equipment Manufacturer (OEM)
equipment
site
Delivery of equipment & Exhaust Gas Within 5 (five) months from the
4.
Handling System at site release of work order

Installation of equipment & Exhaust Gas Within 2 (two) weeks after delivery
5.
Handling System at site of equipment at site

Within 2 (two) weeks after

6. Epoxy coating for the flooring
installation of equipment
Commissioning & acceptance of Within 2 (two) weeks after
7. equipment & Exhaust Gas Handling completion of epoxy painting of
System at site Test shed floor

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Immediately after successful

Induction training of staff deputed by
8. completion of commissioning &
BMTC
acceptance of equipment

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Annexure-II Site Description BMTC

Annexure-II: Site Description

This document is intended to provide additional information to the bidder on the general
description of the Automate Testing Station.
The Bidder is requested to include along with his offer a proposal for the implementation of
the equipment, by pasting a detailed layout for each Test Lane in “Form k)”.

1. General Description

1.1 Operating Conditions at ATS

Temperature +10˚C to +45˚C

Humidity (RH) 55 to 95 %

The Automated Vehicle Fitness Testing Station will either be a steel structure and
concrete building or Pre Engineered Building (PEB) Structure. The building will have
One inspection lane catering to testing of Light Commercial Vehicles upto 3.5 tons
GVW including Three Wheelers & Taxis and Two inspection lanes for testing Medium
and Heavy Commercial Vehicles above 3.5 ton GVW.

Electricity: Power available at site

 Three phase: AC 415 V +/- 10 % and 50Hz +/- 1
 Single phase: AC 230 V +/- 10 % and 50Hz +/- 1

Diesel generator back up will be made available at the site.

1.2 Available Utilities

Bidder is required to give the details of power, cabling, foundation details, server room
and LAN, material handling, utility requirement such as compressed air, water, UPS, lux
requirement in the ATS, earthing, ventilation. All the required utilities such as DG set,
Transformer, compressors, UPS, Air conditioners etc. will be provided by BMTC in the
ATS.

1.3 Bidder is required to provide good for construction drawings (GFC)

1.4 Bidder is required to specify special safety requirements if any.

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Annexure- III Bidder’s Company Requirement BMTC

Annexure-III: Bidder’s Company Requirement

1. Bidder’s Company requirements

1.1 Bidder
The bidder or his consortium (called as “Bidder”) is the company which has sufficient
knowledge of establishment of Automated Vehicle Fitness Testing Station (ATS) and
have the capability to supply complete value of the tender and operate the ATS
independently. In case the minority of the value of the Tender is outsourced, the
Bidder should be able to provide documental evidence of possessing a formal
agreement with the company outsourced (supporting documents to be submitted
along with the tender). The bidder would be the purchaser of the tender document
and BMTC would interact only with this bidder in terms of entertaining him for
tender document clarifications, evaluating him and considering him for selection,
award of contract and the subsequent execution of the contract.

1.2 Consortium
In case of Consortium, the maximum no. of members are restricted to three only and
one out of three members must be defined as leader, who will be considered as
Bidder for the tender. The OEM of major equipment (at least roller brake tester, side slip
tester, suspension tester, Speedometer tester and axle weight measuring equipment) shall
be part of the consortium. The lead bidder of consortium should have office in India
with valid GST number. The information about the Consortium needs to be furnished
as per Form j).

• No bidder applying individually, or as a member of a Consortium, as the case may be,

can be member of another consortia bidding for the project.

• The tender form shall be submitted only in the name of the Lead bidder and not in
the name of any consortium member. EMD shall be submitted only by the lead
bidder and not by the consortium member.

• A copy of Memorandum of Understanding (MOU) executed by the Consortium

members shall be submitted by the lead bidder along with the tender. The complete
details of the members of the Consortium, their share and responsibility in the
Consortium etc. particularly with reference to financial, technical and other
obligations shall be furnished in the MOU.
• Once the tender is submitted, the MOU shall not be modified / altered / terminated
during the validity of the tender. In case the tenderer fails to observe/comply with
this stipulation, the full Earnest Money Deposit (EMD) shall be liable to be forfeited.

• After the contract has been awarded, alteration / change in the constitution of
Consortium shall not be allowed during the current contract period.

• On issue of LoA (Letter of Award), an agreement among the members of the

Consortium (to whom the work has been awarded) shall be executed and got
registered before the Registrar of the Companies under Companies Act or before the
Registrar/Sub-Registrar under the Registration Act, 1908. This Agreement shall be
submitted by the Consortium to BMTC before signing the

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Service Level Agreement for the work. In case the tenderer fails to observe/comply
with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and
other penal actions due shall be taken against the selected bidder. This Joint Venture
Agreement shall have, inter-alia, following Clauses:
 Joint and Several Liability - Members of the Consortium to which the contract is
awarded, shall be jointly and severally liable to BMTC for execution of the project in
accordance with General and Special Conditions of Contract. The Consortium
members shall also be liable jointly and severally for the loss, Damages caused
to BMTC during the course of execution of the contract or due to non-execution of
the contract or part thereof.

 Duration of the Agreement - It shall be valid during the entire duration of the
contract including the period of extension, if any and the maintenance period
after the work is completed.

 Governing Laws - The Agreement shall in all respect be governed by and

interpreted in accordance with Indian Laws – Jurisdiction in Bengaluru only.

 Authorized Member - Consortium members shall authorize Lead bidder on

behalf of the Consortium to deal with the tender, sign the agreement or enter into
contract in respect of the said tender, to receive payment, to witness joint
measurement of work done, to sign measurement books and similar such action
in respect of the said tender/contract. All notices/correspondences with respect
to the contract would be sent only to this authorized member of the Consortium.

• No member of the Consortium shall have the right to assign or transfer the interest
right or liability in the contract without the written consent of the other members and
that of BMTC in respect of the said tender/contract.

• Members of the Consortium shall submit a declaration in MoU consisting of the

following:
1. Committed to the scope of work, rights, obligations and liabilities to be held by
each member; specifically committed that the Lead bidder shall be answerable on
behalf of other members for the performance of obligations under this Agreement.
2. Undertake that each of the members of the Consortium, shall have a definite and
clarity of scope of work which was allocated as per each member’s field of
expertise.
3. Brief description of the roles and responsibilities of individual members; and
clearly define the proposed administrative arrangements (organization chart) for
the management and execution.
4. All the members of the Consortium shall be jointly and severally liable for all
obligations in relation to the Agreement/Contract until the completion of the
project in accordance with the Agreement.

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1.3 Supporting documents mentioned in below table shall be uploaded along with Technical
bid.

Sr.
Parameters Requirement Supporting Documents
No.
1 Legal Entity  Bidder (Lead Bidder in For Bidder (Lead Bidder of
case of consortium) consortium):
should be a company  Copy of Certificate of
incorporated in India Incorporation Registration under
under the Companies Companies Act 1956/2013 OR
Act, 1956/2013 OR LLP Registered Limited Liability
firm under LLP Partnership deed as applicable
provisions 2008, both as  Copy of Certificates of
amended from time to incorporation, Articles of
time and should have Association (AOA) and / or
been established for the Memorandum of Association
last five years in India (MOA) clearly specifying legal
(including name change / entity & type of business
impact of mergers or undertaking mentioning the
acquisitions) and shall relevant scope.
have a valid GST number.  The last five years Income Tax
returns along with the copy of PAN
Number.
 Copy of Registration Certificates
with the GST Authorities
 Documentary proof such as
purchase orders or certified true
copy of balance sheet and PL
statements for last five years for
operation in India as on the date of
publishing of tender notice.

 Other members in case of For other members in case of

consortium, should be a consortium:
company incorporated in  Copy of Certificate of
India or anywhere in Incorporation Registration under
world under the Companies Act 1956/2013 OR
Companies Act, Registered Limited Liability
1956/2013 OR LLP firm Partnership deed as applicable
under LLP provisions OR as per law of country of origin
2008, both as amended of company from all members.
from time to time OR  Copy of Certificates of
Incorporation of incorporation, Articles of
company as per law of Association (AOA) and / or
country of origin. Memorandum of Association
(MOA) clearly specifying legal
entity & type of business
undertaking mentioning the
relevant scope.

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 Registration and Tax returns for

last five years along with the copy
of Registration Certificate issued
by Competent Authority.
 Documentary proof such as
purchase orders or certified true
copy of balance sheet and PL
statements for last 5 years for
operation in India or anywhere in
world as on the date of publishing
of tender notice.

2 Financial: Lead Bidder shall have  Certificate from the Statutory

Turnover average annual turnover in Auditor / Chartered Accountant.
past five Financial Years (FY  Copies of Audited Financial
2017-18, 2018-19, 2019-20, Statements of last 5 Financial
2020-21 & 2021-22) of Years
minimum INR 10 Crore.
In case Chartered Accountant
In case of Turnover submitted certificate is submitted the said
from other country, the same certificate also need to be counter
shall be calculated as per signed by Company Secretary /
conversion rate as on date of authorized signatory of the bidder.
publishing of this tender and
the same shall be apostilled. In case the Lead Bidder is the
subsidiary, fully owned by a Group,
then the turnover of the parent
company in India would be admissible
for consideration, provided
authorization from the parent
company is submitted.

Above documents for Lead Bidder

shall be from Indian Statutory Auditor,
Chartered Accountant and Company
Secretary.

3 Financial: Bidder (All members in case  Certificate from the Statutory

Net Worth of consortium) should have Auditor / CA clearly specifying
positive net worth as per the the net worth of the firm.
audited consolidated  Audited and Certified Balance
financial statements as on 31st Sheet and Profit/Loss Account of
March 2022. last 5 Financial Years

In case of net worth submitted In case Chartered Accountant

from other country, the same certificate is submitted the said
shall be calculated as per certificate also need to be counter
conversion rate as on date of signed by Company Secretary /
publishing of this tender and authorized signatory of the bidder.
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the same shall be apostilled.

Above documents for Lead Bidder
Net worth shall be calculated shall be from Indian Statutory Auditor,
as per below formula: Chartered Accountant and Company
(Paid up share capital) + {(Free Secretary.
reserves - Share premium) +
Share premium of listed
companies)} - (Revaluation of
reserves) - (Intangible assets) -
(Miscellaneous expenditure to
the extent not written off and
carry forward losses)

4 Bidder’s The Bidder should also have

The bidder shall submit a proof (notary
Experience satisfactorily completed the
certified copy of the original Work done
works as mentioned below
completion certificates issued by the
during the last Five (5) years
Government authority /Authorized
ending previous day of last
Government Operator of the Inspection
date of submission of tender.
stations and counter signed by the
Bidder’s (all members in case
Bidder) of such a business worldwide.
of consortium) experience as
This information shall be provided in
individually or collectively
“Form j) Bidder's Organization,
shall be as follows:
Company Profile.”. Bidder is
requested to provide a full list of such
 Having manufactured
projects in “Form h) References”,
and supplied at least 2 test
under the chapter “Similar
lanes to one completed
References”, where Bidder shall have
project in last five years.
successfully manufactured & supplied
Test Lane equipment
Test lane equipment for Inspection
manufactured & supplied
stations.
must comprise of at least
roller brake tester, side slip
tester, suspension tester,
speedometer tester and
axle weight measuring
equipment.

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5 Blacklisting The Bidder (all the members  Undertaking by the authorized

of Consortium) should not signatory of bidder (All members
have been blacklisted/ in case of Consortium).
debarred by any Central
Government and
Department / State
Government and
Department / Central or state
Public Sector Unit / Urban
Local Bodies / Defence /
Govt. Boards in India or any
other country as on last date
of submission of bid either in
their individual capacity as
members of the Consortium
or the Consortium in which
they were/are members from
participation in
tenders/contract.

6  Notary certified copy of resolutions of the Directors of the Company, permitting the
company to enter into an agreement, authorizing MD or one of the Directors or
Managers of the Company to sign Agreement, such other documents required to be
signed on behalf of the Company and enter into liability against the company
and/or do any other act on behalf of the company.
 Power of Attorney (duly registered as per prevailing law) by the Company
authorizing the person to do/act mentioned in the para above.
7 Bidder’s Bidder is required to provide the information about him as per
Organization “Form j) – Bidder’s Organization, Company Profile and
and Company consortium”.
Profile

8 If documents are in language other than English, then both, original document &
notarized copy of its English translation need to be submitted.

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Annexure-IV: Equipment Details

Index
Sr. No. Description Page
1 Functional Requirement 48
1.1 General Purpose of the inspection lane 48
1.2 Tests to be Performed 48
1.3 Test configuration 49
1.3.1 Inspection sequence LCV lane 49
1.3.2 Inspection sequence HCV lane 50
1.4 IT Platform 50

2 TECHNICAL DESCRIPTION 52
2.1 Technical specifications 52

2.2 Common Equipment 53

2.2.1 Air compressor 53
2.2.2 Free Roller Set 54
2.2.3 Bogie Roller Set 54
2.2.4 Toeing trolley or rail Trolley (For front wheel of 3-Wheeled 54
vehicle)
2.2.5 Calibration Equipment 54
2.2.6 Automatic Tyre pressure filler and indicator 55

2.3 Inspection Lane LCV 55

2.3.1. Roller brake tester 55
2.3.2. Axle weight measurement 56
2.3.3. Suspension tester 56
2.3.4. Side slip tester 56
2.3.5. Joint Play tester 57
2.3.6. Electronic Steering gear play detector 57
2.3.7. Semi-Automatic Head Light Tester 57
2.3.8. Smoke meter (Opacimeter) 57
2.3.9. Exhaust gas analyzer 58
2.3.10. Speedometer Tester / Speed Governor Tester 58
2.3.11. Sound Level meter 58
2.3.12 OBD scan tool 59
2.3.13 Test fingers 59
2.3.14 Insulation Tester 59

2.4 Inspection Lane HCV 59

2.4.1. Roller brake tester 59
2.4.2. Axle weight measurement 60
2.4.3. Side slip tester 60
2.4.4. Joint Play tester 60
2.4.5. Electronic Steering gear play detector 60
2.4.6. Semi-Automatic Head light tester 61
2.4.7. Smoke meter (Opacimeter) 61
2.4.8. Exhaust gas analyzer 61
2.4.9. Speedometer Tester / Speed Governor Tester 61
2.4.10 Sound Level meter 62
2.4.11 OBD scan tool 62
2.4.12 Test fingers 62

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2.4.13 Insulation Tester 62

2.5 Software considerations 62

2.6 Safety Systems 63

2.6.1 Personal safety systems 63
2.6.2 Power cut-off protection device 64

1. FUNCTIONAL REQUIREMENTS
The bidder shall have total responsibility for the process including all phases of design,
manufacture, assembly and functional testing of the equipment prior to shipment, installation,
system checking and functional testing after installation for all its capabilities.

The inspection equipment to be installed is meant to check the correct functioning of all the
components of the vehicles involved in the safety of the occupants and the compliance with
the emission regulations including meeting all requirements of periodical technical inspection
for roadworthiness for in-use vehicles as per Central Motor Vehicles Rules (CMVR),
Government of India and Karnataka Motor Vehicles Rules (KMVR).
The test systems shall require flexibility to facilitate easy implementation of new test
functionality, modifications for changes of the law and new vehicle functionality over the life
of the test systems.

1.1 General Purpose of the inspection lane

The purpose of the testing lane is to perform all the tests needed in a standard vehicle
inspection station covering all CMVR requirements. All the equipment defined in this
document shall be capable to test the types of vehicles mentioned below, especially listed in
Annexure V.

The technical specifications include requirements for overall test performance, test lane layout,
equipment interfacing, lane throughput and data networking.

1.2 Tests to be performed

The vehicles to be inspected in the facilities shall be divided into:
• Three wheelers
• Quadricycles
• Passenger Cars (PC) / Taxis
• Light Commercial Vehicles (LCV)
• Medium Commercial Vehicles (MCV)
• Heavy Commercial Vehicles (HCV)

The main tests to be performed are:

• Measurement of braking force in the wheels of each specific axle: To be performed on 3W,
Quadricycles, PC, LCV, MCV & HCV on the Roller Brake Tester.
• Check of the behavior of the suspension system in each one of the vehicle’s axles for vehicle
upto 3.5 tons GVW excluding 3W: To be performed on the Suspension Tester.
• Measurement of convergence and divergence between the wheels of the same axle: To be
performed on Quadricycles, PC, LCV, MCV & HCV on the Side Slip Tester.
• Inspection of the tolerance existing between the different devices linked with the wheels
i.e. all steering joints & suspension joints connected to the wheels of vehicle should be
inspected. Excessive wear & tear of ball joints & any kind of leakage of oil through these
joints should be inspected: To be performed on Quadricycles, PC, LCV, MCV& HCV on the
Joint Play Tester.
• Head lamp beam alignment check: To be performed on Quadricycles, PC, LCV, MCV &
HCV using the Semi-Automatic Head Light Tester.

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• Measurement of exhaust gas opacity in diesel engines: To be performed on 3W,

Quadricycles, PC, LCV, MCV & HCV using Smoke Meter (Opacimeter) as per CMVR 115
(2).
• Measurement of specific components generated in the exhaust gas in Gasoline/ CNG /
LPG engine vehicles: To be performed on 3W, Quadricycles, PC, LCV, MCV & HCV using
the Exhaust Gas Analyzer per CMVR 115 (2).
• Vehicle Speedometer inspection: To be performed on 3W, Quadricycles, PC, LCV, MCV
& HCV using the Speedometer tester.
• Visual inspection as specified in the Table-D of Chapter XI of Central Motor Vehicle Rule
for Recognition, Regulation and Control of Automated Testing Station: To be performed
on 3W, Quadricycles, PC, LCV, MCV & HCV.
• Stationary noise measurement to be performed on 3W, Quadricycles, PC, LCV, MCV &
HCV using Sound Level meter.
• Protection against Electric Shock: To be performed on Electric & Hybrid Electric vehicles
only using IP XXB & IP XXD. Refer AIS-038 (Rev. 1 & Rev. 2): 2015 for detailed explanation
on Test fingers.
• Insulation Resistance Measurement Test: To be performed on Electric & Hybrid Electric
vehicles only using Insulation Tester

1.3 Test configuration

1.3.1. Inspection sequence LCV Lane

For e.g.
Administration Process
1. Document Verification
2. Booking of the appointment for Vehicle fitness test (Online)
3. Collection of fee (Online)
4. Issue of token
Station 1.
1. RFID Authentication of Operator
2. Emission Test
3. Horn Test
4. Exhaust Noise Test
5. Speedometer Test
6. Speed Governor Test
Station 2.
1. RFID Authentication of Operator
2. Side Slip Test
3. Suspension Test
4. Service Brake & Parking Brake Test
5. Protection against Electric Shock (For Electric & Hybrid Electric vehicles only)
6. Insulation Resistance Measurement Test (For Electric & Hybrid Electric vehicles
only)
7. State of Charge (SOC) Indicator on Dashboard (For Electric vehicles only)
Station 3.
1. RFID Authentication of Operator
2. Under Body Visual Inspection using joint play tester
3. Steering Angle test
4. Head light test
Administration Process
1. Issue of Report and return of the Token
Bidder can suggest his own sequence of operation to be duly approved by BMTC in writing.

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1.3.2. Inspection sequence HCV Lane

For e.g.
Administration Process
1. Document Verification
2. Booking of the appointment for Vehicle fitness test (Online)
3. Collection of fee (Online)
4. Issue of token.

Station1.
1. RFID Authentication of Operator
2. Emission Test
3. Horn Test
4. Exhaust Noise Test
5. Speedometer Test
6. Speed Governor Test

Station 2.
1. RFID Authentication of Operator
2. Side Slip Test
3. Service Brake & Parking Brake Test
4. Protection against Electric Shock (For Electric & Hybrid Electric vehicles only)
5. Insulation Resistance Measurement Test (For Electric & Hybrid Electric vehicles
only)
6. State of Charge (SOC) Indicator on Dashboard (For Electric vehicles only)

Station 3.
1. RFID Authentication of Operator
2. Under Body Visual Inspection using joint play tester
3. Steering Angle test
4. Head light test

Administration Process
1. Issue of Report and return of the Token.

Bidder can suggest his own sequence of operation to be duly approved by BMTC
in writing.

1.4 IT Platform

The equipment described in this document shall comply with the following
requirements:
 Selection of vehicle category as defined above such as 3-W/ Multi-axle
vehicles etc.
 Data Acquisition and results shall be performed directly by the equipment
and its control computer and sent to a central storage PC for final evaluation
without the intervention of the user.
 All results shall be traceable, with information on the operator involved in
each test and step of the inspection process.
 The data and traceability shall be secured, and a record of the actions made,
and the results obtained shall not be editable and should be tamperproof.
 The storage of all data and results shall be secured and shall not be

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physically accessible by the users/operators. The central server in the station

should have access to all the data generated from the test lanes in a
structured manner as may be decided by BMTC from time to time.
 For data transfer between VAHAN & Vehicle Inspection Management
Software (VIMS) / Lane Management Software, local server should be
available at the ATS. After a testing of vehicle, data store on local server
need to be uploaded on VAHAN platform. The vehicle test report so
generated shall be as per the format given in “Form 69 - FORM FOR
VEHICLE TEST REPORT” of CMVR as amended from time to time.

Minimum hardware requirements: PC per station, upgradability for additional

lanes/test benches. LAN or higher communicating networks, server with sufficient
and reliable storage capacity, Printer/s for test report printing & Sticker printing etc.

Each station must have capability of reading RFID/smart card/equivalent device.

Operation of each test at every station must be remotely operated so as to minimize
operator’s physical movement.

Capability for fine tuning the test procedures shall be included. When access granted
by the higher authority, calculations and procedures, limit values and all test
parameters shall be customizable and storable.

Various MIS reports need to be generated for BMTC. Format of these reports would
be finalized during design review.

Advanced operations on the data management system shall be done from central
server in a remote area. The system shall be based on the Windows Operating System.
For report generation printer shall be provided and the server room shall also have a
printer.

The software shall have the calibration and maintenance plan for each equipment of
the lane incorporated. The software shall display the same at the computer to inform
the lane operator for the same in advance by display warning signals. All the test
measurements should be done only when the calibration of equipment is valid. The
calibration data shall be stored in the central computer. All measurements shall be in
Metric System. Measured value of each test needs to be provided in the test report
along with permissible range.

The bidder is required to submit the ATS layout diagram along with all the required
equipment’s like RFID/Smart card Reader, Individual PC at test lane station, CCTV,
Audio paging at ATS, Operator ID (RFID/ IR) sensor at each station of lane, Digital
Camera at test shed entry point, Hand Held Terminal (HHT) for under-body visual
inspection (iPad / Tab) need to be communicated to the main control PC, central server
with sufficient storage system etc. to the BMTC.

In the absence of dedicated cycle and procedures for loaded mode testing in Indian
scenario, it has been decided to incorporate dynamometers for loaded mode emission

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test at later stage in the same ATS. Therefore, the bidder is required to cater the
provision for installing the dynamometers for loaded mode emission test in future.

The specification of PC and server has been indicated at Annexure-IVA.

2. TECHNICAL DESCRIPTION

There shall be 1 (One) LCV lane capable of testing Light commercial vehicles upto 3.5
tons GVW and Passenger Cars and 2 (Two) HCV lanes capable of testing MCV’s and
HCV’s in the ATS.

 Light commercial vehicles (vehicles less than or equal to 3500 kg GVW) – 1

(One) LCV lane
 Heavy commercial vehicles (vehicles above 3500 kg GVW) – 2 (Two) HCV
lanes

The station, devoted to the inspection of 3-wheelers, Quadricycles, Passenger Cars,

Light commercial vehicles, Medium commercial vehicles and Heavy commercial
vehicles, shall have at least the following equipment and shall fulfil the following
requirements.

2.1 Technical Specifications

The equipment used at the ATS shall be capable of measuring maximum safe axle
weight as notified under section 58 of the Motor Vehicle Act as amended from time to
time.

The equipment shall be able to test all categories of vehicle under fitness regime.

The software of the equipment shall allow modification in the inspection system as
required by the registering authority / BMTC.

All equipment shall be able to operate in the following environmental conditions,

namely: -

(i) Temperature range: 0°C to 55°C;

(ii) Humidity: up to 95%;
(iii) Dust: Typical Indian testing condition.

All the supplied equipment shall be designed to meet the following good engineering
criteria:
 shall be easy to use,
 shall allow improvements and upgradation and
 shall have a low maintenance cost.

Force application system shall be either Pneumatic or Hydraulic type.

Metric units shall be used.

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2.2 Common Equipment

The equipment described in this chapter is only used in some cases. Therefore, it will be
shared by all the lines in the ATS.

2.2.1 Air Compressor

Sl. No. Description General Requirement
1 Type Rotary Screw Type
2 Cooling Media Air Cooled
3 Free Air density(CFM) (22 ± 10%) Cfm
4 Working Pressure 10 bar
5 Drive Belt drive (without Coupling)
6 Noise Level (dB) 64 db ± 5%
Nominal Power & Standard
7 400V ± 10%, 3 phase with Neutral
Electrical
Microprocessor based regulator to be mounted
at one side of compressor and this comprises
with electronic intelligence with all safety
8 Controls
interlock, compressor status indicators,
compressor warning & shutdown indicators,
Automatic operation with energy saving. ES99

Min.: 2 ˚ C
9 Ambient Temperature
Max. : 49˚ C
Receiver Tank Capacity
10 (ltrs.) at 10 bar working 200 ± 20%
pressure

11 Paint Color of Cylinder As per IS:4379

Compressor package is enclosed in a powder
coated acoustic canopy with sound absorbing
material for limiting the noise level, avoids
Acoustic Canopy & drive
12 entry for dust particles in the element, anti-
arrangement
vibration mounts support electric motor and
compressor unit and isolate the moving
components from rest of the structure.

All performance parameters with tolerances as

per Indian Standards. (Ultrasonic test & Hydro
13 Performance Parameters
test valid certificates from the standard
authority are mandatory)

Details to be given along with the frequency of

14 Genuine Spares
the replacement of each part.

Refrigerant type of (22 ± 10%) Cfm free air

15 Air Dryer density standby and with auto drain. Dew
Point achievable equal to 2˚C.
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2.2.2 Free Roller Set

Device used to perform correctly Speedometer Tests on All Wheel Drive LCV vehicles.

Description:

The device shall be portable to accommodate large variations in wheelbase of the

vehicle.
It shall allow driven axels to turn without touching the floor. It shall be composed of a
chassis with free turning wheels mounted onto it.

The device shall be designed to ensure safety of nearby people and vehicles so a proper
restraint system shall be proposed.

2.2.3 Bogie Roller Set

Device used to perform correctly Roller Brake Tests or Speedometer Tests on multi-axle
HCV with more than one live axle.

Description:

Proper braking mechanism for locking of rollers during exit of vehicle shall be provided.

The bogie rollers are to be suitably designed to accommodate varying distances

between axles and are to be embedded suitably to test both brake and speedometer.

2.2.4 Toeing Trolley or Rail Trolley (for front wheel of 3-Wheeled vehicle)

 Toeing trolley should be capable of safe movement of front wheel of 3-wheelers by

sliding over the inspection pit.
 Locking mechanism should be provided for loading & unloading of front wheel of
3-wheelers on the trolley.

2.2.5 Calibration Equipment Set

Calibration Equipment Set shall be available at the ATS. Two-point calibration system
shall be provided, as applicable. All the lanes may use the same calibrating devices. All
the measuring equipment shall be calibrated. Bidder shall be responsible for calibration
of all measuring equipment.
Bidder to suggest, justify and provide calibration equipment’s and procedures for
following:

 Emission measurement system for diesel/gasoline vehicles

 Roller brake tester
 Speedometer tester / Speed Governor Tester
 Semi-Automatic Headlight tester
 Suspension tester

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 Side slip tester

 Axle weight measurement
 Electronic Steering gear play measurement
 Sound level meter

In any case, the bidder may suggest and justify any field calibration procedure for the
above equipment. Since all calibration of the equipment will have to be done at the first
instance during commissioning, above items would be required. For calibration of Axle
weight measurement system, either calibration tool need to be supplied or renting
locally from local laboratories accredited by NABL is also accepted. Subsequently, if
any of the calibrating equipment’s are consumables in nature will have to be
replenished by the bidder as a part of the operation through the entire contract period.

2.2.6 Automatic Tyre Pressure Filler and Indicator:

o Technical specifications should be:

 Resolution: +/- 0.1 bar
 Accuracy: ± 0.5 % of Full Scale or better
 Full scale: at least 10.6 bar

2.3 Inspection Lane LCV

2.3.0 Visual Inspection:

All visual inspections shall be carried out as specified in the Table-D of Chapter XI of
Central Motor Vehicle Rule for Recognition, Regulation and Control of Automated
Testing Station. All Visual checks conducted on a vehicle in the ATS shall be
photographed using a mobile device and the record of the same shall be preserved for
at least six months for audit and assessment purposes.

2.3.1 Roller Brake Tester:

Device devoted to the measurement of braking force in the wheels of a specific axle
taking into account the brake power applied on the brake pedal. Service, emergency
and parking brakes shall be tested.

This equipment shall be used to test Light Commercial Vehicles including Three-
wheeled vehicles, Quadricycles and Passenger Cars upto 3.5 tons GVW.

o Technical Specifications:

 Maximum measurable brake load is at least of 6 kN

 Difference in left & right braking efficiency
 Brake load resolution <= 100N
 Suitable roller diameter, length and separation as per the Matrix
given in Annexure-V: Characteristics of Vehicles to be Tested
 Provision for either lifting or braking of roller for easy exit of
vehicle
 Approximate Testing speed: 5 km/h ± 1 km/h
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 Roller surface:
o Minimum frictional coefficient - 0.6 (Supporting
documents from Internationally certified agencies or
NABL accredited labs in India for confirmation of
minimum frictional coefficient of roller surface need to be
provided)
o Service life – minimum 25000 hrs (Self-declaration from
OEM specifying required useful life of rollers without
any damage need to be provided)
 Measurement accuracy: within ± 100 N.

2.3.2 Axle Weight Measurement:

Weighing scale for measurement of each axle weight is required. The system should
determine this by adding together the axle weight, tare weight/Kerb weight of the
vehicle.

Axle weight measurement system can be separate or integrated within either Suspension
Tester or Roller Brake Tester equipment.

o Technical specifications:
 Measuring range: 0 – 3000 kg
 Resolution: 5 kg
 Accuracy: ± 1% of reading

2.3.3 Suspension Tester:

Equipment devoted to check the behavior of the suspension system in each one of the
vehicle’s axles (dampers, helper springs, tyres and auxiliary equipment) determining
the damping of the oscillations amplitude exteriorly.

This equipment shall be used to test Quadricycles, Passenger Cars including other Light
Commercial Vehicles upto 3.5 tons GVW.

o Technical specifications:
 Amplitude of excitation: 6.5 mm +/- 5 mm
 Measurement accuracy: ± 1% of wheel load

2.3.4 Side Slip Tester:

Equipment devoted to the measurements of alignment of the wheels on same axle. This
equipment shall be used to test Quadricycles, Passenger Cars and Light Commercial
vehicles upto 3.5 tons GVW.

o Technical specifications:
 Suitable dimension of track plate: length, width and height
 Measuring range: ± 20 m/km
 Measuring resolution: 1 m/km
 Accuracy: ±1.0 m/km

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2.3.5 Joint Play Tester:

Equipment devoted to the inspection of the play between different elements of the
wheels, bars and tie rods, shock absorber systems, brakes and linkages between two
specific components and the chassis of the vehicle.
This equipment shall be used to test Quadricycles, Passenger Cars and Light
Commercial vehicles upto 3.5 tons GVW.

o Technical specifications:
 Maximum Force per plate is at least of 6 kN
 Maximum movement on each side: 50 - 80 mm (Hydraulic)

2.3.6 Electronic Steering Gear Play Detector:

Equipment devoted to check the free play in steering gear as per Central Motor Vehicle
Rule 98.

o Technical specifications:
 Capable of measuring angular movement up to ± 30°
 Recording mechanism to measure wheel movement against steering
movement
 Measurement accuracy: ± 2% of full-scale deflection

2.3.7 Semi-Automatic Headlight Tester:

Equipment devoted to check the horizontal and vertical light flux orientation, low
beam pattern of the Head Lamp. This device shall be capable of measuring the Head
Lamp’s light intensity and inclination. Measurement of low beam pattern, Head
Lamp’s light intensity and test data transfer from Semi-Automatic Head light tester
shall be done automatically.

This equipment shall be used to test Light Commercial Vehicles including

Quadricycles, Passenger Cars, upto 3.5 tons GVW.

o Technical specifications:
 Light Intensity range measure (min): 0-100,000 cd
 Illumination Intensity range measure: 0-200 lux
 Headlight tester must have ability to autofocus and should be capable of measuring
headlamp with their Centers 500 mm to 1200 mm above ground level.
 Vertical and horizontal measuring range: ±50 cm/10 m (±5 %)
 Intensity maximum deviation: ±5% of reading
 Maximum deviation of inclination measurement (vertical orientation): ± 0.1%
 Headlamp tester to be placed on a perfectly level surface/ rails.

2.3.8 Smoke Meter (Opacimeter):

Equipment devoted to the measurement of exhaust gas opacity in diesel engines. This
equipment shall be used to test diesel fueled vehicles as per CMVR/TAP 115/116 or
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AIS-137 (Part 8).

o Technical specifications:
 Equipment to meet specifications as per MoRTH / Central Motor Vehicles
Rules, 1989 / TAP 115 / 116 or AIS 137 (part 8).

2.3.9 Exhaust Gas Analyzer:

This equipment shall be used for measurements of exhaust emissions of gasoline, CNG
and LPG vehicles as per CMVR/TAP 115/116 or AIS-137 (Part 8).

o Technical Specifications:
 Equipment to meet specifications as per MoRTH / Central Motor Vehicles
Rules, 1989 / TAP 115 / 116 or AIS 137 (part 8).

2.3.10 Speedometer Tester / Speed Governor Tester:

Equipment used to measure the functioning of the speedometer & Speed Governor (if
fitted) of the vehicle.

It shall be able to test Quadricycles, Passenger Cars, 3 wheeled vehicles and vehicles
upto 3.5 tons GVW.

o Technical Specifications:
 Suitable dimension of track width, roller diameter and axle separation, as
per the Matrix given in Annexure-V: Characteristics of Vehicles to be Tested
 Provision for lifting and braking of roller for easy exit of vehicle
 Measuring range: 20 – 160 km/h
 Resolution: 1 km/h
 Accuracy: ± 1 % of indicated reading

2.3.11 Sound Level Meter:

o Technical Specifications:
 Recommended as per IEC 60651/ IEC 61672-1
 Measuring range: ≥30dB to ≤120dB
 Frequency: A & C
 Accuracy: ± 1.5 dB
 Tripod stand mounted
 Build battery for power source of charging from outlet of 220V AC and USB
 Resolution: 0.1 dB

o The location of the Sound Level Meter to be clearly marked on the test station.

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2.3.12 OBD Scan Tool:

o Technical Specifications
 Compliant to: OBDII/EOBD/HD-OBD/WWH-OBD Scan-Tool in
accordance with SAE J1979, SAE J1939 and ISO 27145
 Must support all OBD modes
 Diagnostics Communication Mediums Supported: KWP2000 (K-Line, CAN
TP 2.0 and ISO-CAN), UDS (ISO-CAN)

2.3.13 Test Fingers:

o Technical Specifications:
 IP XXB & IP XXD test fingers

2.3.14 Insulation Tester:

o Technical Specifications:
 Rated measuring voltage: upto 1000V DC/AC (45 to 65 Hz)
 Measuring range: 10kΩ to 100MΩ or better
 Accuracy: upto 10MΩ ±2% of reading & above 10MΩ ±5% of reading

2.4 Inspection Lane HCV

2.4.0 Visual Inspection:

All visual inspection shall be carried out as specified in the Table-D of Chapter XI of
Central Motor Vehicle Rule for Recognition, Regulation and Control of Automated
Testing Station. All Visual checks conducted on a vehicle in the ATS shall be
photographed using a mobile device and the record of the same shall be preserved for
at least six months for audit and assessment purposes.

2.4.1 Roller Brake Tester:

o Technical Specifications:
 Maximum measurable brake load: at least 40 kN.
 Difference in left & right braking efficiency
 Suitable roller diameter, length and separation as per the Matrix given in
Annexure-V: Characteristics of Vehicles to be Tested
 Provision for lifting and braking of roller for easy exit of vehicle
 Roller surface:
 Minimum frictional coefficient: 0.6 (Supporting documents from
Internationally certified agencies or NABL accredited labs in India for
confirmation of minimum frictional coefficient of roller surface need
to be provided)
 Service life: minimum 25000 hrs (Self-declaration from OEM
specifying required useful life of rollers without any damage need to
be provided)
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 Brake load resolution: ≤ 100N

 Approximate Testing speed: minimum 2.5 km/h
 Measurement accuracy: within ± 2% of the measured value

2.4.2 Axle Weight Measurement:

Weighing scale for measurement of each axle weight is required. The system should
determine this by adding together axle weight, tare weight/Kerb weight of the
vehicle.

Axle weight measurement system can be separate or integrated within Roller Brake Tester
equipment.

o Technical specifications:
 Measuring range: 0 kg – 15000 kg
 Resolution: 5 kg
 Accuracy: ± 1% of reading

2.4.3 Side Slip Tester:

Equipment devoted to the measurements of alignment of the wheels of a same axle.

o Technical Specifications:
 Suitable dimension of track plate: length, width and height
 Measuring range: ± 20 m/km
 Measuring resolution: 1 m/km
 Accuracy shall be ±1.0 m/km

2.4.4 Joint Play Tester:

Equipment devoted to the inspection of the play between different elements of the
wheels, bars and tie rods, shock absorber systems, brakes, and linkages between two
specific components and the chassis of the vehicle.

o Technical Specifications:
 Maximum Force per plate is at least of 30 kN
 Maximum movement on each side: 100 mm (Hydraulic)

2.4.5 Electronic Steering Gear Play Detector:

Equipment devoted to check the free play in steering gear as per Central Motor Vehicle
Rule 98.
o Technical specifications:
 Capable of measuring angular movement up to ± 30°
 Recording mechanism to measure wheel movement against steering
movement
 Measurement accuracy: ± 2% of full-scale deflection
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2.4.6 Semi-Automatic Headlight Tester:

Equipment devoted to check the horizontal and vertical light flux orientation, low
beam pattern of the Head Lamp. This device shall be capable of measuring the Head
Lamp’s light intensity and inclination. Preferable checking could be based on spotting
the headlamp reference point. Measurement of low beam pattern, Head lamps light
intensity and test data transfer from Semi-Automatic Head light tester shall be done
automatically.

o Technical specifications:
 Light Intensity range measure (min): 0-100,000 cd
 Illumination Intensity range measure: 0-200 lux
 Headlight tester must be capable of measuring headlamp with their
Centers 500 mm to 1200 mm above ground level.
 Vertical and horizontal measuring range: ±50 cm/10 m (±5 %)
 Maximum deviation of intensity: ±5% of reading
 Maximum deviation of Inclination measurement (vertical orientation): ± 0.1%
 Headlamp tester to be placed on a perfectly level surface/ rails.

2.4.7 Smoke Meter (Opacimeter):

Equipment is devoted to the measurement of exhaust gas opacity in diesel engines. This
equipment shall be used to test diesel fueled vehicles as per CMVR/TAP 115/116 or AIS-
137 (Part 8).

o Technical specifications:
 Equipment to meet specifications as per MoRTH / Central Motor Vehicles
Rules, 1989 / TAP 115 / 116 or AIS 137 (part 8).

2.4.8 Exhaust Gas Analyzer:

This equipment shall be used for measurements of exhaust emissions of gasoline, CNG
and LPG vehicles as per CMVR/TAP 115/116 or AIS-137 (Part 8).

o Technical Specifications:
 Equipment to meet specifications as per MoRTH / Central Motor Vehicles
Rules, 1989 / TAP 115 / 116 or AIS 137 (part 8).

2.4.9 Speedometer Tester / Speed Governor Tester:

Device measure the functioning of the speedometer of the vehicle. It measures speed
and distance covered by a vehicle.

o Technical specifications:
 Suitable dimension of track width, roller diameter and axle separation, as per the
Matrix given in Annexure-V: Characteristics of Vehicles to be Tested
 Provision for lifting and braking of roller for easy exit of vehicle
 Measuring range: 25 – 100 km/h
 Resolution: 1 km/h
 Accuracy: ± 1 % of indicated reading
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2.4.10 Sound Level Meter:

o Technical Specifications:
 Recommended as per IEC 60651/ IEC 61672-1
 Measuring level: ≥30dB to ≤120dB
 Frequency: A & C
 Accuracy: ± 1.5 dB
 Tripod stand mounted
 Build battery for power source of charging from outlet of 220V AC & USB
 Resolution: 0.1 dB

o The location of the Sound Level Meter to be clearly marked on the test station.

2.4.11 OBD Scan Tool:

o Technical Specifications:
 Compliant to: OBDII/EOBD/HD-OBD/WWH-OBD Scan-Tool in
accordance with SAE J1979, SAE J1939 and ISO 27145
 Must support the all OBD modes
 Diagnostics Communication Mediums Supported: KWP2000 (K-Line, CAN
TP2.0 and ISO-CAN), UDS (ISO-CAN)

2.4.12 Test Fingers:

o Technical specifications:
 IP XXB & IP XXD test fingers

2.4.13 Insulation Tester:

o Technical specifications:
 Rated measuring voltage: upto 1000V DC/AC (45 to 65 Hz)
 Measuring range: 10kΩ to 100MΩ or better
 Accuracy: upto 10MΩ ±2% of reading & above 10MΩ ±5% of reading

2.5 Software considerations

In order to guarantee the certainty of the obtained values and to save the information,
it is required that all the equipment which measures a value is connected to the central
unit. A device is considered automatically connected when the result of the test is
automatically obtained, transmitted to the central unit and evaluated.

The database must be stored in SQL data management software platform to enable
easy exchange and analysis of data with other platforms. The bidder should develop
suitable software from time to time as required by BMTC with an overall objective of
meeting the test requirements, the operation of the ATS and meeting all the requirement
of regulating authorities.

Each input, whether automatic or manual shall be identified with the inspector’s

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reference and stored together with all the results of the tests performed on the vehicle
which shall be transmitted automatically to the central unit. The inspection pass fail
criteria of a test must be automatic and not editable by the inspector.

The following equipment shall be connected automatically to the central unit:

• Roller Brake Tester

• Suspension Tester
• Side Slip Tester
• Smoke Meter (Opacimeter)
• Exhaust Gas Analyzer
• Speedometer Tester / Speed Governor Tester
• Semi-Automatic Headlight Tester
• Sound Level Meter
• Electronic Steering Gear Play Detector
• OBD Scan Tool

The software shall be able to receive the results from the following inspections that will
be introduced manually in any computer in the lane or the central computer.

• Visual inspection

• Any inspection from the described above not connected automatically.

The software shall verify the status of all the equipment and sub-systems specified.

The software shall allow templates for easier preparation of the inspection. It shall also
prepare the test file in XLS export file type or similar reports. The software shall allow
to view and to obtain a printout of the results of each test separately. Measured value
of each test to be provided in the report. The printout and the software operation shall
be developed as required by BMTC from time to time. For each test the information shall
be recorded and it shall be available from all the computers in the ATS along with the
access control.

The bidder shall provide one computer per station to be installed in the inspection
zone. The bidder shall provide a central unit and the network that links all the
computers in the ATS.

2.6 Safety Systems

2.6.1 Personal safety systems

All the equipment supplied shall be equipped with all the safety protections required
for the normal usage of the equipment and for the security of the people who work in
each machine. All the essential safety devices such as safety protection in respect of
single phase failure, phase sequence change, surge protection, under & over voltage
protection etc., has to be provided by the bidder at each console unit. Safety devices

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can be installed after LT panel, so that, phase change or single phasing should only
affect working of 3-phase equipment & not all the equipment. Other safety items must
be provided by bidder to safeguard their equipment against surge voltage including
frequency corrector, Hi/Lo voltage corrector etc.

2.6.2 Power cut-off protection device

The safety procedure should take into account the fact of the power cut-off. In the case
of occurring during a test measurement, the system shall be able to resume the test
once electrical supply is back without any data loss.

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 Annexure-IV A – IT Equipment Specifications BMTC

Annexure IV A: IT Equipment Specification

The parameters given in Technical specifications are minimum required & guidelines for selecting a
product with better specifications for desired functionality.

Server Specifications:

 Processor Type: Intel Xenon Scalable Processor V2 or better

 Processor: Minimum of 12 cores/Processor or better
 Power supply: 650W Redundant power supply
 Internal Storage: Enterprise SSD 7 TB or better
 Hot swap or better

Desktop Specifications:

 Desktop PC:
o Intel® 10th Generation Core™ i7 Processors or better
o 3.0 GHz base frequency, or better
o 1 TB SSD / NVMe drive
o 8 GB 1333 MHz DDR3 SDRAM or better

 LED monitor:
o 20" Wide TFT monitor
o Resolution: 1600 x 900 with DP & VGA ports
o TCO certified
o Monitor stand should be Height adjustable, Landscape/Portrait pivot, left/right
swivel, Forward/backward tilt.

Printer Specifications:

 Report / Certificate Printer:

o Laser and duplex printer (Black and Colour)
o PPM- 30 or better
o Page size supported: A4, B5, A5, Legal, Letter, Statement, Executive, Government
Letter, Government Legal, Foolscap, Indian Legal Custom (Minimum 76.2 x 210 mm
to Maximum 216 x 356 mm)
o Print resolution: 600 x 600 dpi or better

 Sticker Printer:
o Printing Resolution: 1200 x 1200 dpi or better
o Color inkjet printing
o Print speed: 50 mm/s or better
o Media: Label roll media
o Sticker length: 80±2 mm to 100±2 mm
o Sticker width: 60±2 mm to 45±2 mm
o Interface: Hi-speed USB 2.0 port, 10/100 Ethernet networking, RS 232
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Number Plate Reader Camera Specifications:

 Frames per second: 50

 Megapixel: 2.0 or higher
 On VIF Protocol
 IP67

Global Positioning System Enabled Camera Specifications:

 Resolution: Minimum 20 megapixels

 Optical Zoom: 3x
 Special Features: Built-in Wi-Fi and GPS support (High sensitivity, high precision
built-in GPS in Camera should allow users to tag images with GPS coordinates, recall
shooting locations and even route travelled with its logging function)

Speed Dome Camera Specifications:

 Image sensor 1/3‘‘ Progressive Scan CMOS

 20X optical or better / digital zoom camera
 30x motorized zoom lens and auto focus
 Megapixel: 2.0 or higher
 IP67
 IK10

CCTV Specifications:

4MP IR Bullet Camera:

 Camera:
o Image Sensor: 1/3" Progressive Scan CMOS
o Min. Illumination: Color: 0.01 Lux @ (F1.2, AGC ON), 0.018 Lux @ (F1.6,
AGC ON), 0 Lux with IR
o Shutter Speed: 1/3 s to 1/100,000 s
o Wide Dynamic Range: 120dB
o Day & Night: IR Cut Filter
o Angle Adjustment: Pan: 0° to 355°, tilt: 0° to 75°, rotate: 0° to 355°

 Lens
o Focus: Fixed
o Lens Type: 2.8/4/6/8 mm
o FOV: 2.8 mm, horizontal FOV: 103°, vertical FOV: 58°, diagonal FOV: 123°,4
mm, horizontal FOV: 83°, vertical FOV: 45°, diagonal FOV: 99°,6 mm,
horizontal FOV: 51°, vertical FOV: 29°, diagonal FOV: 58°,8 mm, horizontal
FOV: 39°, vertical FOV: 22°, diagonal FOV: 45°
o Aperture: F1.6
o Lens Mount: M12

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o Aperture Type: Fixed

 Illuminator
o IR Range: Up to 30 m
o Wavelength: 850nm

 Video
o Max. Resolution: 2688 × 1520
o Main Stream:
50Hz: 25fps (2688 × 1520, 2560 × 1440, 2304 × 1296, 1920 × 1080, 1280 × 720)
60Hz: 30fps (2688 × 1520, 2560 × 1440, 2304 × 1296, 1920 × 1080, 1280 × 720)
o Sub Stream: 50Hz: 25fps (640 × 480, 640 × 360, 320 × 240),60Hz: 30fps (640
× 480, 640 × 360, 320 × 240)
o Third Stream: 50Hz: 25fps (1280 × 720, 640 × 360, 352 × 288),60Hz: 30fps
(1280 × 720, 640 × 360, 352 × 240)
o Video Compression: Main stream: H.265/H.264, Sub-stream:
H.265/H.264/MJPEG, Third stream: H.265/H.264
o Video Bit Rate: 32 Kbps to 16 Mbps
o Scalable Video Coding (SVC): H.264 and H.265 encoding

 Audio
o Audio Sampling Rate: 8kHz/16 kHz/32 kHz/44.1 kHz/48 kHz
o Audio Compression: G.711/G.722.1/G.726/MP2L2/PCM
o Audio Bit Rate: 64Kbps(G.711)/16Kbps(G.722.1)/16Kbps(G.726)/32-
192Kbps(MP2L2)

 Network
o Simultaneous Live View: Up to 6 channels
o API: ONVIF (PROFILE S, PROFILE G, PROFILE T), ISAPI, SDK, Ehome
o Protocols: TCP/IP, UDP, ICMP, HTTP, HTTPS, FTP, DHCP, DNS, DDNS,
RTP, RTSP, RTCP, PPPoE, NTP, UPnP, SMTP, SNMP, IGMP, 802.1X, QoS,
IPv6, UDP, Bonjour, SSL/TLS
o User/Host: Up to 32 users
o Security: Password protection, complicated password, HTTPS encryption,
802.1X authentication (EAP-TLS 1.2, EAP-LEAP, EAP-MD5), watermark,
IP address filter, basic and digest authentication for HTTP/HTTPS, WSSE
and digest authentication for ONVIF, TLS1.2
o Network Storage: Support Micro SD/SDHC/SDXC card (128G), local
storage and NAS (NFS, SMB/CIFS), ANR
o Web Browser: Plug-in required live view: IE8+ Plug-in free live view:
Chrome 57.0+, Firefox 52.0+, Safari 11+ Local Service: Chrome 41.0+,
Firefox 30.0+
o Alarm Trigger: Motion detection, video tampering, network disconnected,
IP address conflict, illegal login, HDD full, HDD error
 Image
o Day/Night Switch: Day/Night/Auto/Schedule/Triggered by Alarm In (-
S)
o DNR: 3D DNR
o Image Enhancement: BLC/3D DNR/HLC
o Image Settings: Rotate mode, saturation, brightness, contrast, sharpness,
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AGC, and white balance

 Interface
o Audio: 1 input (line in/mic in), 1 output (line out), terminal block, mono
sound
o Alarm: 1 input, 1 output (max. 12 VDC, 30 mA), terminal block
o Video Output: No
o On-board Storage: Built-in Micro SD/SDHC/SDXC slot, up to 128 GB
o Hardware Reset: Yes
o Communication Interface: 1 RJ45 10M/100M self-adaptive Ethernet port

 General
o Operating Conditions: 10°C to 60°C, Humidity 95% or less (non-
condensing)
o Power Supply: 12 VDC ± 25%, Φ 5.5 mm coaxial power plug, PoE (802.3af,
class 3)
o Protection: IK10, IP67
o Certifications: UL, CE, FCC

Network Video Recorder (NVR) Specifications:

 Multiplex recording schedule options: manual, alarm, motion detection, timing

 Multiplex operation: live view, record, play back, backup and remotely control the
system simultaneously
 HDMI and VGA output simultaneously at up to 1080P resolution
 H.265 High profile decoding,2 SATA HDD interface: maximum 8TB storage capacity
or more.

Smart TV with CCTV viewer Specifications:

 40” LED Full FHD monitors / TV

 minimum brightness - 350 nits
 Contrast ratio – 5000:1
 Input ports - VGA, HDMI
 External Control - RS 232 / RJ 45, RoHS compliance
 Suitable for 24 x 7 operation

LED Displays:
 Display shall guide the operator for carrying out the tests.
 Display size. 32 inches

 Video footage of vehicles being inspected and certified in the ATS shall be stored
for a period of minimum six months.

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 Annexure-V: Characteristics of Vehicles to be Tested BMTC

Annexure-V: Characteristics of Vehicles to be Tested

Basic vehicle fleet characteristics have been determined and summarized here. Publicly
available data has been used to estimate the minimum and maximum dimensions of vehicles
to be inspected in the test lanes. Please refer table below.

The commercial vehicles which are required to be subjected for inspection in the vehicle
inspection at the proposed test lanes at the ATS shall comprise mainly of
Diesel/Gasoline/CNG/LPG fueled & Electric powered – Trucks, Buses, and Taxis. In case of
trailers, only prime mover unit shall be tested. The bidders are requested to take note of this
and provide suitable equipment’s to the lanes for testing these kinds of vehicles.

The general classifications of these vehicles, for purposes of this summary, can be broadly
defined as such:

3w, Quadricycles, Passenger cars / Taxis – vehicles used for general transportation of
occupants and having a GVW of less than 3500Kg. This general category can include light
passenger trucks not intended for commercial use.

Trucks/ Buses – Heavy Commercial Vehicle lane shall be capable to conduct the test on heavy
commercial vehicle having 2/3/4 axles and more than GVW 3500 Kg.

HCV (M3, N3)

Details 3-Wheeler Quadricycles 4W (M1, N1) 4W LCV (M2, N2)
Trucks (N3) Bus (M3)
Min Max Min Max Min Max Min Max Min Max Min Max
Front Axle wt. (kg) 90 260 215 215 420 1285 1045 4150 1235 8951 360 6160
Rear Axle wt. kg 205 780 308 308 315 1395 810 7840 810 10224 1360 8900
Kerb wt. kg 203 800 474 474 730 2625 1210 5440 2045 19175 2660 15000
GVW kg 610 2150 823 823 935 3490 1960 11990 12990 47500 5000 22000
Wheelbase mm 1590 3070 1925 1925 2050 3264 2100 4500 2500 6750 2654 8350
Wheel Track mm
Front ‐ ‐ 1143 1143 1300 1690 1310 2022 1410 2124 1630 2054

Wheel Track mm
Rear 1150 1540 1143 1143 1315 1705 1343 1814 1406 1926 1486 1880

Length mm 2080 2510 2752 2752 1402 5226 3790 7965 4634 11994 5125 15000
Width mm 1100 1520 1312 1312 1495 2173 1500 2470 1870 2590 1910 2600
Height mm 1635 2070 1652 1652 1297 2750 1890 3410 2530 3940 2200 3730
Overhang
Front mm ‐ ‐ 387 387 464 1297 760 2280 1050 1695 1000 2500

Overhang Rear
443 790 440 440 405 1375 710 2385 805 3484 1250 3560
mm
Ground clearance
mm 150 255 158 158 89 220 150 375 176 300 150 259

TCD m - - 6.96 6.96 8.33 12.6 8.5 19.7 12.3 23.99 11.17 23.4
TCCD m ‐ ‐ 7.32 7.32 7.95 13.5 9.8 21.2 14 25.5 12.84 27.2

Characteristic of vehicles to be tested

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Annexure-VI: Evaluation Parameters BMTC

Annexure-VI: Evaluation Parameters

1.0 Eligibility Criteria

1.1 Earnest Money Deposit- All bids should be accompanied by requisite Earnest Money
Deposit. EMD shall be submitted through the payment gateway at E – Tender portal
([Link]
1.2 Evaluation Criteria (Technical) - The evaluation of the bids shall be done by a
Committee constituted for the purpose. The evaluation shall be strictly based on the
information and supporting documents provided by the applicants in the bid. It is the
responsibility of the bidder to provide all supporting documents necessary to fulfill
the mandatory eligibility criteria. In case, the required information is not provided by
bidder, the Committee shall proceed with evaluation based on information provided
and may not request the bidder for further information. Hence, responsibility for
providing information as required in this form lies solely with bidder.

It is expressly made clear that mere submission of bid, eligible or not eligible, shall not
confer any right whatsoever on any such bidder. Any bid submitted by the bidder,
which fails to satisfy the eligibility requirements, shall not be considered and would
stand summarily rejected. BMTC will have the right to reject any or all bids, received
in response to this tender and its decision in this regard shall be final and binding.

Bidder is required to furnish the technical details as specified in Annexure IV. Any
deviation to this effect needs to be addressed in Form f).

1.3 Financial bids of only those bidders meeting above eligibility requirements shall be
considered for commercial evaluation.

2.0 Examination of Financial Proposal and Correction of Arithmetical Errors

Financial bid of successful bidder will be evaluated as below:

Bidder must ensure that financial bid explicitly gives following information:

1. Cost of Design, construction & civil work of equipment foundations including allied services
like test shed trimix flooring, epoxy coating for the flooring, conduiting for cables including
3-phase & Single phase cables, drainage, compressor piping & fresh air ducting for
underbody inspection pits.

2. Basic Cost of Test Lane Equipment listed as per Table 1, Clause 2: List of Test Lane
Equipment, mentioned in Annexure –I: Scope of Work including 2 years’ warranty.

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3. Cost of exhaust gas handling system.

4. Basic cost of Lane operation & management software for one user license.

5. Installation and commissioning of all the equipment and software.

6. ATS operation cost for 5 years inclusive of all running expenses which includes
manpower, housekeeping, security, fixed cost as mentioned in running bill &
consumption cost for water, electricity, telephone, internet and applicable taxes.
7. Cost of documentation. (Two sets of operation & maintenance manuals in English,
Hindi & Kannada).
8. Pre-dispatch inspection test and training prior to dispatch of equipment for a team of 4 - 5
persons, for a period of one week.

9. On-site training charges for equipment operation & maintenance.

10. Applicable custom duty and taxes.

11. Packing and forwarding charges.

12. Freight, insurance and transport charges up to the destination.

13. Cost of comprehensive AMC for Test lane equipment for third, fourth & fifth years after
initial two years’ warranty.

14. Cost of consumables for 5 years e.g. sampling probes, filters, oil, grease, calibration gases,
bearings, bushes etc. (Consumables does not include spares. Spares are to be considered
as part of warranty).

Bid to be quoted in Indian National Rupees only.

BMTC will review the detailed contents of each financial bid to ensure that they are complete,
whether the bidder has quoted all items of financial bid form and correct any arithmetical
error.
BMTC shall correct arithmetical errors on the following basis:

(a) If there is a discrepancy between the sub component price/s and the total price that is
obtained by multiplying the unit price and quantity/adding the sub component
price/s, the sub component price/s shall prevail and the total price shall be corrected,
unless in the opinion of the Employer that there is an obvious misplacement of the
decimal point in the sub component price, in which case the total price as quoted shall
govern and the sub component price/s shall be corrected.

(b) if there is an error in a total, corresponding to the addition or subtraction of sub- totals,
the subtotals shall prevail and the total shall be corrected; and

(c) 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 (a) and (b) above. The amount stated in
the Letter to Bid will be adjusted by the Employer in accordance with the above
procedure for the correction of errors and, shall be considered as binding upon the
bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected,
and the bid security may be forfeited.

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Criteria for deciding successful bidder (Lowest):

(a) While deciding the lowest bidder, the total composite cost of acquisition and
running the same for five years will be compared.
(b) The sum total will comprise of costs quoted against Sr. no. 1 to 14 under
Clause 2.0 above.

After selection, work order shall be issued, in duplicate, by the Authority to the selected
bidder and the selected bidder shall, within 7 (seven) days of receipt of LOA, sign and return
the duplicate copy of the work order in acknowledgement thereof. At the same time, the
selected bidder shall also pay a Performance Bank Guarantee of equivalent to Five percent
of Tender Amount in the form of Demand Draft (DD) or an irrevocable Bank Guarantee in
favour of "Chief Accounts Officer – Financial Advisor – BMTC" issued by nationalized or
scheduled banks, having head office in India, payable at Bengaluru only at the time of signing
of contract.

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Annexure-VII: Acceptance Criteria BMTC

Annexure-VII: Acceptance Criteria

Acceptance shall be done in two steps.

1. Pre-dispatch inspection at the supplier site for individual elements before shipment

2. Acceptance of the supplied elements on-site

1. Pre-dispatch inspection
Once it has been proved through the proper documents including technical
specifications and Calibration certificates that all the equipment appearing in the
quotation fulfils all the technical requirements, the equipment can be supplied by the
bidder & the same shall be inspected at the Bidder’s site by the authorized personnel from
BMTC during pre-dispatch inspection of actual equipment to be supplied.
 Pre-dispatch inspection of Roller Brake Tester
 Pre-dispatch inspection of Suspension Tester
 Pre-dispatch inspection of Side Slip Tester
 Pre-dispatch inspection of Speedometer Tester / Speed Governor Tester
 Pre-dispatch inspection of Joint Play Tester
 Pre-dispatch inspection of Semi-Automatic Headlight Tester
 Pre-dispatch inspection of Electronic Steering Gear Play Detector
 Pre-dispatch inspection of Smoke Meter (Opacimeter)
 Pre-dispatch inspection of Exhaust Gas Analyzer
 Pre-dispatch inspection of Sound Level Meter
 Pre-dispatch inspection of OBD Scan Tool

The Pre-dispatch inspection visit will imply:

 Visual inspection of the actual equipment.
 Inspection of the testing equipment when running a real vehicle.
 Inspection of the calibration procedure.
 Verification of the equipment to certify that it fulfils the real needs of the
Automated Vehicle Fitness Test Station.

All calibration certificates should be available to BMTC by the time of pre-dispatch

inspection.

For Exhaust Gas Analyzers and Smoke meter (Opacimeter), the Bidder at its own cost,
shall be required to provide Type Approval certification as per CMVR/TAP 115/116
or AIS-137 (Part-8) by the time of final on-site acceptance.

Remaining equipment shall be calibrated as per International Standards by an

accredited certification agency. In case this is not available for some equipment, the
Bidder is required to thoroughly explain the calibration procedure used, and to submit
all required traceability information.

All the previous information is also required for the calibrating equipment itself.

The supplier should also deliver the procedure that will be used to qualify the
equipment during the commissioning.
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2. Commissioning
• Calibration certificate will be checked with the serial numbers of the equipment
delivered on site.
• A full re-calibration will be done on site.
• Validation of the sensors
• Validation of the software
• Connections and validation of power supply
• Validation of system
• Validation of calibration plan during warranty
• Verification of the provided documentation

3. Final acceptance
After complete commissioning, the following tests will be performed:

• Values obtained in the calibrations will be checked to be admissible.

• The correct running of the software and data dump will also be checked.
• Inspections will be undertaken with different type of vehicles to prove that
operation and results of the equipment fulfils the requirements demanded in
this tender document.

These tests might be used to validate the complete system. Bidder shall ensure that
there are proper vehicles and drivers required to perform the tests.

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Annexure -VIII: Terms of Payment

The stage wise Payments shall be made in Percentage of the Total Agreed Cost of works as agreed
by the bidder. The Payment will be made after completion of particular stage in all respect as per
the detail in “Annexure-I: Scope of Work” in compliance of all the conditions mentioned in the
Tender Document.

It is mandatory that bidder shall submit stage wise bills along with the Test Reports of the
materials (from Govt. Approved Laboratory) used in the works and the photographs of the
complete stage of construction as well as periodically photographs taken during execution. The
photographs shall be taken from the Digital camera showing the date and time on the
photograph, nothing extra shall be payable to the bidder on this account. The frequency of Test
of materials will be as per the standard norms.

The main scope of work for each component shall be governed as detailed in “Annexure-I: Scope
of Work” of the tender document and final payment shall be made accordingly to the bidder.

1. Payment for Equipment foundation work at ATS:

Sr.
Description Rate (%)
No.
Completion of Design, construction & civil work of equipment
foundations including allied services like test shed trimix
1. flooring, conduiting for cables including 3-phase & Single 80%
phase cables, drainage, compressor piping and fresh air
ducting for all underbody inspection pits

2. After epoxy coating for the flooring 20%

2. Payment for Supply, Installation and Commissioning of Test Lane Equipment

at ATS:
Sr.
Description Rate (%)
No.
Receipt of Test Lane Equipment & IT Equipment in good
1. 40%
condition and correct quantity at site

Installation of Test Lane Equipment & IT Equipment in all

2. 20%
respects including electrical installation work

Supply and Installation of Lane Operation & Management

3. 10%
software
4. Commissioning of the whole system 30%

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3. Payment for Supply, Installation and Commissioning of Exhaust Gas Handling

System at ATS:

Sr.
Description Rate (%)
No.
Receipt of Exhaust Gas Handling System in good condition
1. 40%
and correct quantity at site

2. Installation of Exhaust Gas Handling System 30%

3. Commissioning of Exhaust Gas Handling System 30%

4 (a) Payment of AMC:

Payment of AMC shall be made on quarterly basis on submission of bills/invoices by

the bidder.

4 (b) Invoice submission procedure (applicable for Operation and AMC payments)

• The Successful Bidder shall submit the invoice on quarterly basis to the BMTC i.e.
tendering authority along with all supporting documents such as
o Tax Invoice
o Relevant compliance documents
o Certificate of successful operation of the ATS for the period in question along
with necessary details of tests conducted, passed, failed, maintenance and
repair works, calibration works, attendance of manpower etc. Such certificate
format shall be decided by BMTC at later date and shall include whether the
work completed satisfactorily or not and should be issued by the Head of the
concerned office / nominated supervisor from BMTC.
o Any other documents sought by BMTC from time to time as per BMTC
prevailing practice.
and collate and submit the approved invoice along with necessary attachments to
the office of the BMTC for further processing.

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• The BMTC shall verify the invoice of the Successful Bidder The corresponding
payment shall be calculated subject to liquidated damages, Warranty / AMC terms
and other conditions of the Tender document.
• The BMTC shall not pay anything over and above the quoted and agreed payment
as per terms defined in the tender document.
• The BMTC shall not pay anything extra for the software applications, its
maintenance of audit etc. The bidder may build the cost for the same in the ATS
operation cost itself.
• In case of any disputes, part payment may be released, and the withheld payment
may be released as per decision taken on the corresponding dispute.
• All the deduction will be calculated based on the tender conditions and will be
deducted from the invoice amount and the remaining amount will be paid to the
Bidder.
• BMTC shall reserve right to withheld / deduct any deductions applicable as per
prevailing guidelines.

4. Taxes & Duties:

The Taxes and Duties shall be applicable as per the provisions of Clause 27 of
“Annexure IX - General Conditions of Contract”.

5. Deviations in Terms of Payment:

The Bidder’s offer must be as per the Terms of Payment given above. Any deviation
from the above Terms of Payment shall not be entertained. Any offer with deviation
from the above Terms of Payment shall be liable to disqualification.

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Annexure-IX: General Conditions of Contract

1. DEFINITIONS AND INTERPRETATIONS

1.1 Definitions

In these General Conditions of Contract (“Conditions”) the following words and

expressions shall, unless repugnant to the context or meaning thereof, have the
meaning hereinafter respectively ascribed to them:

“Acceptance Tests” means the tests described as such in the Testing Plans.

“Affected Party” means a Party whose performance of its obligations under the
Contract is prevented, hindered or delayed in whole or in part by reason of Force
Majeure.

“Applicable Clearances” means any clearance, permit, authorization, consent, license

(including without limitation, any import or export licenses), lease, ruling,
exemption, filing, agreements, or approval, required to be obtained and maintained
by the Bidder from time to time, in order to complete the Works.

“Applicable Laws” means all laws in force and effect as of the date hereof and which
may be promulgated or brought into force and effect hereinafter in India including
any revisions, amendments or re-enactments including without limitation rules,
regulations and notifications made there under and judgments, decrees, injunctions,
writs, orders and notifications issued by any court of record or any appropriate
authorities, as may be in force and effect during the subsistence of the Contract.

“Change” means any change to Conditions of Contract, which is instructed or

approved as a Change under Clause 23.

“Change Order” shall have the meaning ascribed to it in Clause 23.2.4.

“Commencement Date” shall mean the date of execution of the Contract by the Parties.
“Commissioning Spare Parts” means those commissioning spare parts required
during the commissioning of the Works.

“Completion Certificate” has the meaning ascribed to it in Clause 21.3.2.

“Completion of the Works” means the achievement of the criteria set out in Clause 21.1
and “Complete” “Completed” “Completion” and “Completing” shall be construed
accordingly and as certified by the Completion Certificate.

“Confidential Information” means the Contract and everything contained therein, all
documentation, data, particulars of the Works and/or the Project Facility and/or the
Project and technical or commercial information made by (or on behalf of) BMTC or
obtained directly or indirectly by the Bidder or which is generated by the Bidder or any
sub-bidder or any information or data that the Bidder receives or has access to as a
result of the Contract, other than information:

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(a) which is generally available in the public domain other than by any
unauthorized actions or fault of the Bidder; or

(b) which is in the possession of the Bidder with a right to disclose;

“Contract” means the Service Level Agreement, these Conditions, Technical

Conditions of Contract, and further documents (if any) which are listed in the Service
Level Agreement and initialed by BMTC and the Bidder and includes any
amendment thereto made in accordance with the provisions hereof.

“Bidder” (Successful Bidder) includes (without limitation to) any person, company,
firm, organization, consortium with whom BMTC has entered into a Contract for
execution of the Works and the permitted legal successors in title to the Bidder, but
not any assignee of the Bidder.

“Service Level Agreement” means the agreement entered into or to be entered into by
the Parties and forming part of the Contract.

“Bidder's Documents” means in addition to the documents mentioned in Clause

1.5.1, those documents to be prepared by the Bidder under the Contract including
without limitation, such technical documents specified in Technical Conditions of
Contract and such data, drawings, designs, design information, calculations,
schedules, specifications, plans, inspection and test plans, manuals, programmes,
erection and test data and all other information and documents including all eye
readable or computer or other machine readable data relating to the Execution of the
Works or otherwise to performance of the Contract.

“Bidder’s Equipment” means all or any apparatus, machinery, equipment, vehicles,

materials, plant, tools and all other things required for the Execution of the Works
and the remedying of any defects to be provided by the Bidder but Bidder's
Equipment excludes Equipment.

“Bidder's Insurances” means the insurance policies to be purchased and maintained

in full by the Bidder.

“Contract Price” means the Contract Sum subject to such additions thereto or
deductions there from as made in accordance with the Contract.

“Contract Sum” means the sum mutually agreed between BMTC or their authorized
representative and Bidder as the sum payable to the Bidder for the Execution of the
Works in accordance with the provisions of the Contract.

“Date of Completion of the Works” means the date certified as such in the Completion
Certificate in accordance with Clause 21.1.

“Delay Event” means any event set out at Clause 18.3.

“Encumbrance” means any encumbrance such as mortgage, charge, pledge, lien,

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hypothecation, security interest, assignment, privilege or priority of any kind having

the effect of security or other such obligations and shall include without limitation
any designation of loss payees or beneficiaries or any similar arrangement under any
insurance policy pertaining to the Project Facility and/or the Works, physical
encumbrances and encroachments on the Project Site.

“Equipment” means any apparatus intended to be procured for the implementation

of the Works which may either be manufactured indigenously or may be procured
from abroad.

“Execution of the Works” means design, procurement, supply, assembly, erection,

installation, testing, commissioning, trial runs and completion of the Works and the
correction of defects in the Works and all works and things required to be undertaken
pursuant to the Contract and “Executed”, “Execute” and “Execution” shall be
construed accordingly.

“Execution Period” means the period beginning from the Commencement Date and
ending on the Date of Completion of the Works.

“Force Majeure Period” means, the period commencing from the date of occurrence
of a Force Majeure and ending on the date on which the Affected Party, acting in
accordance with the Good Industry Practice, resumes or should have resumed such
of its obligations the performance of which was excused in accordance with the
Contract.

“Good Industry Practice” means the exercise of the highest degree of skill, diligence,
prudence, safety and foresight in compliance with the undertakings and obligations
under the Contract which would be expected from a skilled and experienced person
engaged in the planning, design, execution, testing, implementation, operation and
maintenance or supervision or monitoring thereof or any of them of works of the
type, nature and scope similar to that of the Works.

“Intellectual Property” means copyright, all rights conferred under statute, common
law or equity in relation to inventions (including patents), registered and
unregistered trademarks and service marks, registered and unregistered designs,
circuit layouts, confidential information, proprietary information and all other rights
resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

“Liquidated Damages” means those damages described in Annexure IX under

Clause 20 to be paid or allowed by the Bidder to BMTC or their authorized
representative as compensation.

“Maintenance Spare Parts” means the maintenance spare parts for the Equipment
and includes the critical, replacement and breakdown spare parts.

“Milestone Event” means the completion of a specific activity to be achieved, which

reflects progress in the Execution of the Works or the occurrence of an event in each
case as identified as such in the Payment Schedule.

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“Parties” means BMTC or their authorized representative and the Bidder and

“Party” means any one of those Parties.

“Payment Schedule” means the payment schedule described as such and set out in
Annexure no VIII.

“Performance Standards” means such performance standards for the operation and
maintenance of the Project Facility as may be applicable pursuant to the Contract.

“Pre - Acceptance Test” means tests described as such in the Testing Plans.

“Project” means Setting Up of Automated Vehicle Fitness Testing Station (ATS) for
Testing & Inspection of Transport vehicles including Three-Wheelers, Quadricycles,
Taxis, Buses and Trucks including Operations for 5 Years and Comprehensive
Annual Maintenance Contract for 3 Years after initial 2 years’ warranty period.

“Project Facility” shall mean the facilities as specified in the Tender document, being
developed in accordance with the Project and includes all its buildings, equipment,
facilities, software and systems and includes without limitation, where the
circumstances so require, any expansion thereof from time to time.

“Project Facility Insurance” means the insurance policies to be purchased and

maintained in force by Bidder.

“Project Site” means that part of the site under and over which the Works are to be
Executed and to which any Bidder's Equipment and Equipment are to be delivered.

“Punch List Items” means items of works of a minor or snagging nature which do
not affect the performance of the Equipment, where agreed with BMTC, which
remain incomplete at the Date of Completion of the Works.

“Quality Assurance Plan” means that plan referred to in Clause 9.1.

“Relevant Authority” includes the Department of Customs and Excise, the Ministry
of Finance, Ministry of Heavy Industries or any other subdivision or instrumentality
thereof, any local authority, or any authority empowered by the Applicable Laws.

“Required Insurances” means collectively the Project Facilities Insurances and the
Bidder Insurances.

“Required Manufacturers Warranties” means those warranties identified as such in

Technical Conditions of Contract.

“Spare Parts” means the Commissioning Spare Parts and shall include such
Maintenance Spare Parts as are instructed to be provided by BMTC.

“Sub-bidder” means a Sub-bidder to whom a part of the Works has been

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subcontracted by Bidder or to whom the supply of any goods or materials or labour

and services for the Works has been subcontracted as permitted under Clause 7 and
the permitted legal successors in title to such person, but not any assignee of such
person.

“Tax” means all forms of taxation, duties, fees, imposts and levies including (but
without limitation) income tax including withholding tax, GST, value added tax, sales
tax, service tax, octroi, entry tax, corporation profits tax, advance corporation tax,
capital gains tax, residential and property tax, customs and other import and export
duties, excise duties, stamp duty, capital duty, social insurance, social welfare or other
similar contributions and other amounts corresponding thereto and any interest,
surcharge, penalty or fine in connection therewith which may be payable by the
Bidder, its Subbidders and any of their employees, and the words “Taxation” and
“Taxes” shall be construed accordingly.

“Technical Conditions of Contract” means the document entitled Technical

Conditions of Contract, as included in the Contract, and any additions and
modifications to such document in accordance with the Contract. Such document
includes the design and /or other technical specifications for the Works.

“Termination Date” means the date specified in the notice of Termination given by
either Party to the other Party, from which the Contract shall stand terminated.

“Testing Plans” means those plans referred to in Clause 16.1.2 which set out the tests
and inspections required to be performed by the Bidder in accordance with the
Technical Conditions of Contract and the means by which the Bidder intends to
conduct and satisfy such tests and inspections.

“Time for Completion” means the time for Completion of the Works as stated in
Annexure-I: Scope of Work or such time as may be varied from time to time in
accordance with the Contract, calculated from the Commencement Date.

“Training Plan” shall have the meaning assigned to it in Clause 28.2.

“Warranty” means an assurance from the Bidder for uninterrupted performance of

the Equipment after the acceptance of the Equipment, as per the performance
parameters specified under the Contract and includes any alteration, repair or
replacement of any defective or damaged part/ design or material used for the
Equipment at the cost of the Bidder over the Warranty Period for ensuring such
uninterrupted performance.

“Warranty Period” means the period starting from the date of acceptance of the
Equipment up to duration as stated in Annexure I under clause no. 12.2.

“Works” includes (without limitation to) design, construction & civil work of
equipment foundations including allied services like test shed trimix flooring, epoxy
coating for the flooring, conduiting for cables including 3-phase & Single phase cables
& drainage, compressor piping, supply, installation & commissioning of suitable
exhaust gas handling system & provision for fresh air ducting for all underbody

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inspection pits, designing, manufacturing, assembling and functional testing prior to

shipment, delivery, installation, integration of systems and system checking, testing
and commissioning of the Equipment and supply of special tools, requisite software,
supply of Spare Parts, Operations for 5 Years and Comprehensive Annual
Maintenance Contract for 3 Years after initial 2 years’ warranty period and training
to the personnel, operators and mechanics of BMTC including Project Facility
operations personnel and Project Facility operation trainers and necessary after sales
service and maintenance support, as agreed with BMTC.

1.2 Interpretation

In the Contract, unless the context otherwise requires or as otherwise expressly

stated:

1.2.1 the words importing singular shall include plural and vice versa, and words
denoting natural persons shall include partnerships, firms, companies,
corporations, joint ventures, trusts, associations, organizations or other
entities (whether or not having a separate legal entity);

1.2.2 The Technical Conditions of Contract form an integral part of the Contract
and will be in full force and effect as though they were expressly set out in the
body of these Conditions. Terms defined in this Annexure, and Technical
Conditions of Contract shall have the same meaning throughout the Contract;

1.2.3 definitions within Clauses have the meaning ascribed hereto;

1.2.4 metric system of measurement shall be used exclusively in the Contract.

1.2.5 use of any gender includes the other genders;

1.2.6 a reference to any statute or statutory provision shall be construed as a

reference to the same as it may have been, or may from time to time be,
amended, modified or re-enacted;

1.2.7 any reference to a ‘day’ (including within the phrase ‘business day’) shall
mean a period of 24 hours running from midnight to midnight;

1.2.8 references to times are to Indian Standard Time;

1.2.9 a reference to any other document referred to in the Service Level Agreement
is a reference to that other document as amended, varied, innovated or
supplemented at any time; and

1.2.10 all headings and titles are inserted for convenience only. They are to be
ignored in the interpretation of the Service Level Agreement.

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1.3 Communications

Wherever these Conditions provide for any agreement, or the giving or issuing of any
consent, approval, authorization, notice, certificate, request, determination,
information or report (“communication”) from or by any Party such communication
shall be valid and effectual only if:

(i) in writing under the hands of a duly authorized representative of such Party
and delivered by hand (against receipt), sent by recognized courier, registered
mail, or transmitted by facsimile transmission; and

(ii) delivered, sent or transmitted to the address for the recipient's

communications as stated by BMTC.

1.4 Confidentiality

1.4.1 The Bidder shall disclose to BMTC any Confidential Information and other information
as BMTC may reasonably require for verifying the Bidder's compliance with the
Contract. Further, the Bidder shall not, without the previous written consent of BMTC,
use, copy, publish, disclose or otherwise deal with, nor cause nor permit its
Subbidders or any persons for whom it is contractually or otherwise responsible
for, to use, copy, publish, disclose or otherwise deal with any Confidential
Information, otherwise than for the performance of its obligations under the Contract.

1.4.2 The Bidder shall not without the prior written permission of the BMTC
Representative:

(i) disclose the Contract or any provision thereof or any specification, plan,
drawing, pattern, sample or information furnished by or on behalf of BMTC in
connection therewith, to any person other than a person employed by the
Bidder in the performance of the Contract. Disclosure to any such employed
person shall be made in confidence and shall extend only so far as may be
necessary for purpose of such performance;

(ii) make use of any document or Confidential Information enumerated in the

Contract, except for the purpose of the Contract; and

(iii) communicate or use in advertising, publicity, sales, releases or in any other

medium, photographs or other reproduction of the Works under this Contract
or description of the Project Site, dimensions, quantity, quality or other
information, concerning the Works.

1.4.3 Any document, other than the Contract and enumerated in the Contract shall remain
the property of BMTC and shall be returned (in all copies) to BMTC on completion of
the Bidder’s performance under the Contract, if so required by the BMTC.

1.4.4 Each Party’s Confidential Information will remain the property of that Party except

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as otherwise expressly provided in the Service Level Agreement. Each of the Parties
will use at least the same degree of care to safeguard and to prevent disclosing to
third parties the Confidential Information of the other as it employs to avoid
unauthorized disclosure or publication of its own information (or information of its
customers) of a similar nature, and in any event, no less than reasonable care. Each
Party may disclose relevant aspects of the other Party’s Confidential Information to
its employees, Affiliates, subcontractors and agents to the extent such disclosure is
reasonably necessary for the performance of its obligations, or the enforcement of its
rights, under the Service Level Agreement; provided, however, that such Party will
use reasonable efforts to ensure that such employees, Affiliates, subcontractors or
agents comply with these confidentiality provisions. Each Party will be responsible
for any improper disclosure of Confidential Information by such Party’s employees,
Affiliates, subcontractors or agents. A Party may reuse for its own purposes with
third parties the terms and conditions of the Service Level Agreement, provided that
(i) such use in no way may be attributed to the other Party, the Service Level
Agreement or the relationship between bidder and BMTC and (ii) such use is not used
in negotiations with the other Party or any of the other Party’s Affiliates for any other
contractual arrangement.

1.4.5 This Clause will not apply to any particular information that either Party can
demonstrate (i) was, at the time of disclosure to it, in the public domain; (ii) after
disclosure to it, is published or otherwise becomes part of the public domain through
no fault of the receiving Party; (iii) was in the possession of the receiving Party at the
time of disclosure to it and was not the subject of a pre-existing confidentiality
obligation; (iv) was received after disclosure to it from a third party who had a lawful
right to disclose such information (without corresponding confidentiality
obligations) to it; or (v) was independently developed by the receiving Party without
use of the Confidential Information of the disclosing Party.

1.4.6 In addition, a Party will not be considered to have breached its obligations under this
Clause for disclosing Confidential Information of the other Party to the extent
required to provide information under Right to Information, 2005, satisfy any legal
requirement of a competent governmental or regulatory authority.

1.4.7 Each party shall notify the other Party promptly of any material unauthorized
possession, use or knowledge, or attempt thereof, of the other Party’s Confidential
Information by any Person that may become known to such arty and help &
cooperate in investigating or preventing recurrence of such events. Each party shall
also use reasonable efforts to cooperate with the other Party in any litigation and
investigation against third parties deemed necessary by the other Party to protect its
proprietary rights;

1.5 Bidder's Documents

1.5.1 The Bidder’s Documents shall mean and include the following which shall be deemed
to form a part of the Contract:

(i) Tender Document including letter forwarding the tender documents,

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instructions to bidders and the conditions described in this Annexure.

(ii) Specifications of the Equipment to be furnished under the Contract in the

Technical Conditions of Contract;

(iii) Bidder’s bid proposal and the documents attached thereto including the
letters of clarifications thereto between the Bidder and BMTC prior to the
award of the Contract except to the extent of repugnancy;

(iv) all the materials, literature, data and information of any sort given by the
Bidder along with its bid, subject to the approval of BMTC;

(v) Letter of award and any agreed variations of the conditions of the documents
and special terms and conditions of the Contract, if any; and

(vi) such additional documents within such times and in such numbers and format
as BMTC may reasonably require.

1.5.2 The Bidder shall prepare all Bidder's Documents and shall submit the Bidder’s
Documents to BMTC as may be required/ directed by BMTC and /or as called for in
the Contract and in numbers and format required by the Contract and/ or by BMTC.

1.5A Conflict of Documents

1.5 A.1 In case of any inconsistency between any of the constituent documents of the Contract,
the following shall be the supervening/prevailing order of priority for such
documents:

(i) Service Level Agreement;

(ii) Technical Conditions of Contract;
(iii) Other Bidder’s Documents;
(iv) General Conditions of Contract.

It is specifically clarified that in case of conflict between any timelines set out in these
Conditions with those in the Tender document.

1.5 A.2 In the event of any conflict between the above mentioned documents, the decision of
the BMTC shall be final and binding upon the Parties.

1.6 BMTC Instructions

1.6.1 All instructions given by BMTC or by any person executing delegated functions will be
issued in writing and in such form as will be advised to the Bidder after the
Effective Date.

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1.6.2 Where the Bidder fails to comply with an instruction, BMTC may engage others to
give effect to the instruction. All costs and charges incurred by BMTC authorized
representatives in engaging others shall be paid by the Bidder to BMTC or may,
without prejudice to any other method of recovery, be deducted by BMTC from any
monies due to the Bidder or may be recovered as a debt due and payable to BMTC
on demand.

2. BMTC

2.1 BMTC duties and authorities

The Bidder shall be appointed by and shall be responsible to, BMTC and shall carry out
the duties specified in, or necessarily implied from the Contract and shall exercise the
authority delegated to it by BMTC. The Bidder shall take instructions, notices,
communications, decisions and approvals only from BMTC.

The BMTC authorized Representatives shall have no authority unless given by BMTC
to amend the Contract, to release the Bidder of any of his duties, liabilities or
obligations under the Contract, nor, create estoppel against it in respect thereof, nor
except as expressly provided hereunder or elsewhere in the Contract, to order any
Work involving delay or any extra payment by BMTC or their authorized
representative, nor to make any variation of or in the Works nor to waive any right of
BMTC authorized representatives under the Contract.
2.2 BMTC protection

The Parties acknowledge and agree that provisions in the Contract to the effect that
work to be done under the Contract shall be carried out with the consent, non-
objection or to the satisfaction of or be certified, determined, accepted, confirmed or
inspected by the BMTC are inserted as protection to BMTC and it is the sole
responsibility of the Bidder to ensure that the Works are executed in all respects in
accordance with the Bidder's obligations under the Contract. The Bidder further
acknowledges and agrees that no payment by BMTC or their authorized representative
nor any expression or implication of satisfaction or acceptance nor any action,
examination, comment, rejection, confirmation, certification, determination, consent,
non-objection, approval or notice by the BMTC or failure to do the same shall restrict,
debar, exclude or waive any claims, rights or actions whatsoever by BMTC for any
breach of any such obligation by the Bidder.

3. COMMENCEMENT

3.1 Condition Precedent

The Contract shall become legally binding and in force only upon:

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3.1.1 return of the duplicate signed copy of the Letter of Award (LOA) by selected
bidder to the BMTC within 7 (seven) days of receipt of LOA; and

3.1.2 payment of Performance Security in the form of Demand Draft (DD) or an

irrevocable Bank Guarantee in favour of "Chief Accounts Officer-Financial
Advisor – BMTC" issued by nationalized or scheduled banks, having head office
in India, payable at Bengaluru only

4. THE PROJECT SITE

4.1 Access to and possession of the Project Site

4.1.1 Save in so far as the Contract may prescribe:

(i) the extent of portions of the Project Site of which the Bidder is to be given
access from time to time; and

(ii) order in which portions shall be made available to the Bidder;

BMTC will, simultaneously from the Commencement Date, give to the Bidder
uninterrupted access to and possession of only so much of the Project Site as may
be reasonably required by the Bidder to commence and proceed with the Execution
of the Works. The Bidder represents that it shall not part with or create any
Encumbrance on the whole or any part of the Project Site and shall not, without the
prior written consent of BMTC, use the Project Site for any purpose other than for the
purpose of the Execution of the Works and shall bear all costs and charges for any
access required by it additional to those provided by BMTC.

4.1.2 The Bidder shall not be entitled to uninterrupted access to or exclusive possession of
any part of the Project Site during Execution of the Works at the Project Site and the
Bidder's rights of access to and possession of any part of the Project Site shall in
addition be subject to:

(i) any rights of public passage or access existing over any part of the Project Site
from time to time;

(ii) the right of BMTC and representatives of any statutory authority, to have access
to:

(a) view the Works or any operations at the Project Site on reasonable
notice; and

(b) visit any site or workshop where goods, materials or equipment are
being manufactured, prepared or stored, on reasonable notice and
during normal working hours, for the purposes of general inspection
and of attending any test or investigation being carried out in respect

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of the same; and

(c) visit and use, and their staff and visitors may visit and use, any
facilities provided on the Project Site for their use; and

(d) the Project Site at any time in an emergency situation as any of them
(acting reasonably) considers necessary in the circumstances; provided
always that such persons shall comply with all relevant safety
procedures.

4.2 Unauthorized persons

The Bidder shall be fully responsible for the presence on or around or for the entry to
the Project Site or for any other act, omission, default or interference affecting the
Project Site or the Execution of the Works, by or caused by any person not authorized
to be on the Project Site and any such act, omission, default or interference shall not
be a breach of the obligations of BMTC to provide access to the Project Site. Security
of the ATS shall be the responsibility of Successful bidder only.

5. CONDITION OF THE PROJECT SITE

5.1 Information from BMTC or their authorized representative

The Bidder acknowledges and agrees that any information and data on climatic,
hydrological, topographical and general conditions relating to the Project Site made
available to it by BMTC or their authorized representative has been done so for the
convenience of the Bidder and that the Bidder enters into the Contract based upon its
own investigations and determinations.

5.2 Bidder to inspect

The Bidder warrants that it has, to its complete satisfaction, examined and inspected
the Project Site and its surroundings and where applicable, any existing structures or
works on, over and under the Project Site and is familiar with and has satisfied itself
with the Project Site conditions including the climate, topography, access to and from
the Project Site, safety, availability of labour, water and electricity. No claim by the
Bidder regarding misunderstanding or misapprehension in respect of matters related
to this Clause shall be maintainable.

6. THE BIDDER

6.1 The Bidder's general responsibilities

6.1.1 Subject to and in accordance with the terms and conditions of the Contract, the Bidder
shall to the satisfaction of BMTC, execute the Works and carry out its other obligations
under and/or in relation to the Contract and provide

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all personnel and labour, including the supervision thereof, materials, offices,
workshops, tools, machinery, equipment and all other resources and things, whether
of a temporary or permanent nature, required herein, and shall assume full
responsibility for the same so as to meet the Time for Completion.

6.1.2 The Bidder shall at its own expense:

(i) take full responsibility for the adequacy, stability and safety of the Works,
labour, equipment and of all on-site and off-site operations and methods of
manufacture, construction, and installation, commissioning, testing and
acceptance procedures;
(ii) do everything necessary (including the payment of all relevant fees) to acquire
and maintain all Applicable Clearances;
(iii) at all times ensure that it has sufficient, suitable and qualified personnel at the
Project Site and in sufficient number to undertake the responsibilities imposed
upon the Bidder under the Contract and to provide full attention to the
Execution of the Works.

6.1.3 Addressing technology obsolescence by appropriate upgradation, replacement and

/ or replenishment of systems deployed.

6.1.4 Keep all system software i.e. OS, antivirus, office applications etc., for Servers, PCs
etc. up to date by installing regular upgrades / patches to ensure adherence to Service
Level Agreement.

6.1.5 Rectification of system software problems due to crashing or malfunctioning of the

OS, database or User Interface within the time limits to meet the Service Level
Agreement as defined in Tender document.

6.1.6 Generation of MIS & other reports as per the requirements of BMTC.

6.1.7 Any other services which is required for the successful execution of the project.

6.2 The Bidder’s representations and warranties

The Parties agree that the principal objective of the Contract is the timely completion
of the Project Facilities of which the Works form an integral part and that time is the
essence of the Contract. The Bidder warrants that it is fully experienced in the
planning, programming, design (to the extent required by the Contract), building &
construction, procurement and supply, erection, installation, testing, commissioning
of equipment’s for the scope, complexity, size and technical sophistication of the
Works and that it possesses the level of skill and expertise commensurate with such
experience, upon which skill and expertise BMTC or their authorized representative is
entirely reliant and the Bidder hereby represents and warrants to BMTC:

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Design (to the extent required by the Contract)

6.2.1 it has satisfied itself as to, and adopts and accepts full responsibility for any
design of the Works contained in and reflected by Technical Conditions of
Contract;

6.2.2 it shall exercise in the design and specifications for the Works all the skill, care
and diligence to be expected of professionals experienced in and possessing
all the expertise necessary for similar projects of the size, scope, complexity
and technical sophistication of the Works;

6.2.3 the Works have been and will continue to be designed and specified utilizing
state of the art systems, procedures and technology, high quality goods,
materials and equipment and the high standards of workmanship and
fabrication in compliance with Technical Conditions of Contract;

6.2.4 the Bidder further warrants that upon the Date of Completion of the Works,
the Works will be in a condition which will enable BMTC to meet those
Performance Standards which relate to the Works;

6.2.5 that it recognizes that the process of producing, optimizing, developing and
finalizing the design of the Works will require the closest consultation, co-
operation and co-ordination between itself, BMTC and any Relevant Authority
and that it has taken account of the same in the Contract Sum.

Workmanship

6.2.6 it shall construct and install the Works in accordance with the approved
specifications and drawings;

6.2.7 the Works will be Executed and defects, remedied in accordance with Good
Industry Practice, using state of the art systems and technology and accepted
professional standards, codes of practice and regulations, and shall meet the
intents and objectives of the Contract and comply with all Applicable Laws
and be in accordance with Technical Conditions of Contract and other
requirements of the Contract;

6.2.8 the personnel to be employed by the Bidder shall be properly skilled,

competent and experienced having regard to the nature and extent of the
Works. BMTC may also verify their skills as & when required;

6.2.9 the Works and every part thereof will be complete in all parts, will be free
from defects in materials and workmanship and will be in conformity with
Technical Conditions of Contract;

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Equipment

6.2.10 it will ensure that the Works will comprise only Equipment which is of sound
and merchantable quality and which is manufactured and prepared in
accordance with the Applicable Laws and with Good Industry Practice
applicable at the time of construction and/or installation;

6.2.11 the Equipment, notwithstanding any acceptance by BMTC, shall where

appropriate be manufactured specifically for the Contract and be new and
unused, will be complete in all its parts, free from defects and will meet the
requirements of the Contract and in particular, but without limiting the
generality of the foregoing will be such that the Works as a whole and each
and every part thereof shall meet Technical Conditions of Contract;

6.2.12 the information furnished in the tender documents and as updated on or

before the date of the Service Level Agreement is to the best of its knowledge
and belief true and accurate in all material respects as at the date of the Service
Level Agreement;

6.2.13 there are no actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before
any other judicial, quasi-judicial or other authority, the outcome of which may
result in the breach of the Service Level Agreement or which individually or in
the aggregate may result in any impairment of its ability to perform any of its
obligations under the Service Level Agreement;

6.2.14 it has no knowledge of any violation or default with respect to any order, writ,
injunction or decree of any court or any legally binding order of any
Government Instrumentality which may result in any Adverse Effect on its
ability to perform its obligations under the Service Level Agreement and no
fact or circumstance exists which may give rise to such proceedings that shall
adversely affect the performance of its obligations under the Service Level
Agreement;

6.2.15 The bidder fully indemnifies the BMTC, from any damages arising out of
breach of the aforesaid conditions.

6.3 Indemnity

6.3.1 The Bidder shall at all times save harmless and indemnify BMTC from and against all
claims, liabilities, expenses, costs, damages and losses suffered or incurred by
BMTC including consequential losses and damages which may arise out of or in
connection with any defect, damage during transportation, inadequacy or unsuitability
of the design, manufacture, workmanship or materials or failure to meet in any or all
respects the requirements of the Contract or the remedying thereof either by the Bidder,
or BMTC.

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6.3.2 BMTC rights under this Clause 6.3.2 are without prejudice to any other right which it
may have whether at law or otherwise.

6.3.3 If any deliverable or item provided by a Party hereunder is, or in such Party’s
reasonable judgment is likely to become, the subject of an Infringement Claim, the
providing Party, at its expense and in addition to defending the claim and paying
amounts as required, will use reasonable efforts to procure for the other Party the
right to use and continue using such deliverable or replace it with a non-infringing
equivalent or modify it to make its use hereunder non- infringing, provided that such
replacement or modification does not result in a degradation of the performance or
quality of the deliverable. If such option is not available on commercially reasonable
terms in the providing Party’s good faith judgment, the providing Party will so notify
the other Party, where upon (i) the other Party will cease use of such deliverable or
Service and return it to the providing Party and (ii) the Parties will equitably adjust
the Service Charges to reflect the added expenses or discontinuation of Services. In
such event, the Parties will seek to establish mutually acceptable alternative
arrangements and to make any appropriate adjustments to their respective
obligations under Service Level Agreement.
6.3.4 Bidder undertakes to indemnify BMTC (the "Indemnified Party") from and against all
Losses on account of bodily injury, death or damage to tangible personal property
arising in favour of any person, corporation or other entity (including the Indemnified
Party) attributable to the Indemnifying Party's negligence or willful default in
performance or non- performance under Service Level Agreement.

7. SUB-BIDDERS

7.1 Subcontracting

The Bidder shall not subcontract any part of the Works without the prior consent of
the BMTC. Any such consent shall not relieve the Bidder from any liability or obligation
under the Contract and the Bidder shall be responsible for the acts, defaults, omissions
and neglects of any Sub-Bidder, his agents, servants or workmen.

The Bidder may subcontract any part of the Works but not subcontract the whole of
the Works under any circumstance.

7.2 Subbidders Warranty and Assignment of Sub-Bidders Obligations

The Bidder shall procure the assignment of warranties by the Subbidder in favour of
BMTC without any costs to the account of BMTC.

In respect of the work executed, or Equipment supplied by a Subbidder, any

continuing obligation of a Subbidder extending for a period exceeding that of the
Warranty Period, shall be disclosed to BMTC by the Bidder and be assignable to
BMTC or its nominee. The

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Bidder shall ensure that the Subbidder shall at any time, assign to BMTC and at
their request, such continuing obligation of a Subcontract exceeding the Warranty
Period and the benefit of such obligation for the un-expired duration thereof.

7.3 Responsibility

7.3.1 Subcontracting does not relieve the Bidder from any of its liabilities or obligations
under the Contract.

7.3.2 The Bidder shall be fully responsible for the acts, defaults, omissions and neglects of
any Subbidder and their agents, employees, servants and workmen, as fully as if they
were the acts, defaults, omissions and neglects of the Bidder.

7.4 Subcontract Terms

The Bidder shall procure that:

7.4.1 every Subbidder has knowledge of the relevant terms of the Contract and provisions
in the Contract relating to confidentiality and each Subcontract entered into by the
Bidder shall be let on such terms and conditions as are reasonably necessary for the
Bidder to ensure compliance with its obligations under the Contract;

7.4.2 the Subbidder provides like warranties and indemnities as given by the Bidder to
BMTC or their authorized representative.

8. SUFFICIENCY OF THE CONTRACT SUM

The Bidder shall be deemed to have satisfied himself before entering into the Contract
as to the correctness and sufficiency of the Contract Sum and of the rates and prices.

The Contract Sum is a lump sum fixed price and will not be adjusted save as expressly
provided in the Contract.

9. QUALITY ASSURANCE PLAN

9.1 The Bidder shall within 30 days (thirty days) from the Commencement Date submit a
Quality Assurance Plan. The Bidder shall also submit to the BMTC all inspection / test
reports and processes and quality standards which are adhered to while construction
of Project facilities and for manufacturing of Equipment as per Quality Assurance
Plan at least 15 (fifteen) days before the Pre- dispatch inspection date. BMTC or its
nominee or any other person designated by BMTC may inspect / witness the
construction of Project facilities and equipment manufacturing processes and other
information provided by the Bidder as mentioned in the Quality Assurance Plan. The
Bidder agrees that neither the submission of Quality Assurance Plan nor the
submission of quality / test certificate releases the Bidder from any of its
responsibilities, obligations, or liabilities (including repair of civil work or

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replacement of any Equipment or part of the Works damaged during the carrying out
of any Tests) under the Contract.

9.2 The Bidder shall at its own cost provide all access, assistance and facilities to enable
BMTC to verify the implementation of the Quality Assurance Plan.

10. SPARE PARTS

10.1 The Bidder shall be responsible, at its own cost, for the provision of the Spare Parts.
Such cost shall include all costs such as customs duty for imported Spare Parts, left
behind items, replacement or breakdown spare parts as well as costs for storage and
insurance costs in relation to the maintenance of the Spare Parts in storage.

10.2 The Bidder shall ensure that:

(i) as at the Completion of the Works, there is a full complement of Spare Parts
safely stored and packed in accordance with the Contract.

(ii) if a Maintenance Spare Part is used by the Bidder during the commissioning/
Acceptance Tests due to shortage of Commissioning Spare Parts, the Bidder
shall immediately replace, at his own cost, the Maintenance Spare Parts to
ensure a full complement of Maintenance Spare Parts at the end of
commissioning/ Acceptance Tests.

10.3 The Bidder warrants the performance of all Maintenance Spare Parts for period that
expires on the later of:

(i) the manufacturer's warranty period for the applicable Maintenance Spare Parts.;
and
(ii) the Warranty Period.

The Bidder shall revise and update any list of Spare Parts in accordance with the
instructions of the BMTC, and a list of Spare Parts shall be submitted to the BMTC
before the Pre- commissioning of any part of the Works to which such Spare Parts
relate.
10.4 Where the Bidder is to supply the Spare Parts in accordance with this Clause 10.4
without prejudice to the foregoing, the Spare Parts shall be delivered to BMTC in
accordance with the Contract and without prejudice to Clause 13 the packing and
storage of the Spare Parts shall be in accordance with the Contract.

11. ENVIRONMENTAL COMPLIANCE

The Bidder shall comply with all environmental requirements stipulated in the Contract
and with all Applicable Laws and regulations having application to the Project Facility,
including but not limited to standards for noise and vibration levels and airborne and
waterborne pollutants.

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12. WATER & ELECTRICITY

12.1 General arrangements

12.1.1 The Bidder shall be responsible for making all its arrangements for paying all charges in
connection with consumption of electricity, calibration gases, water and the disposal of
sewage and other waste as may be necessary for the Execution of the Works.

12.1.2 BMTC will make arrangement of water & electricity at site. Bidder will be responsible for
paying water & electricity charges for the Execution of the Works which includes,
erection, installation, testing and commissioning and Design, construction & civil work
of equipment foundations including allied services like test shed trimix flooring, epoxy
coating for the flooring, conduiting for cables including 3-phase & Single phase cables &
drainage, compressor piping. Floor requires excavation, earthwork and filling, labelling.
Trimix flooring is recommended for 18-ton design load. The suitable exhaust gas handling
system is to be selected & supplied, installed & commissioned by the bidder. Bidder
should also provide fresh air ducting for all underbody inspection pits.

12.1.3 No bills shall be pending at the time of handover.

13. DELIVERY TO THE PROJECT SITE

13.1 Delivery to the Project Site

13.1.1 The Bidder supplying indigenously manufactured Equipment shall at its own risk
and expense, be fully responsible for the proper packing, marking, loading, delivery
up to Project Site, insurance, freight costs, interface management, detailed design,
detailing, coordination, value engineering, specialist system procurement, provision,
erection and/or installation, testing, commissioning, documentation, training and
defects rectification. In case of imported Equipment, the Bidder shall be responsible
for shipment costs, transit insurance charges from FOB port of shipment or Airport
upto the Project Site, charges for custom clearances etc. All transit insurance charges
for transit up to FOB Port of shipment or Airport as well as loading charges on to the
ship/ airplane shall be responsibility of the Bidder supplying imported Equipment.

13.1.2 When marking any Equipment, the Bidder shall be responsible for ensuring that such
Equipment and any part thereof and their transportation containers are properly
marked and consigned.

13.2 Packing List

A packing list itemizing the contents of each case shall be enclosed in each package.
A copy of the packing list, together with dispatch details shall be provided forthwith
by the Bidder upon dispatch to the BMTC. The Bidder supplying indigenously
manufactured Equipment shall provide all attendance, handling and transport up to
and including off-loading into the appropriate Project Site storage area.

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13.3 Importation

The Bidder shall be responsible at its own cost for obtaining any Applicable
Clearances necessary for the export of Equipment, from the country of origin.

13.4 Documents
Upon dispatch of each shipment of significant items of Equipment, the Bidder shall
notify the BMTC by facsimile or email of the description of the Equipment and the
point and means of the dispatch and the estimated time and point of delivery and the
Bidder shall furnish BMTC with all relevant documentation in respect of such
Equipment, including without limitation:

13.4.1 packing lists;

13.4.2 certificate of origin;

13.4.3 factory inspection test certificate;

14. OWNERSHIP OF EQUIPMENT AND OTHER PROVISIONS

14.1 Passing of property

14.1.1 Equipment supplied or to be supplied pursuant to and in compliance with the terms
of the Contract shall become the property of BMTC at whichever is the earliest of the
following times:

(i) when any sum is included in a Certificate of Payment in respect thereof; or

(ii) for Equipment manufactured indigenously when such Equipment is
delivered to the Project Site pursuant to the Contract and for imported
Equipment, when such Equipment is loaded on to the aircraft or when the
Equipment passes over the ship’s rail.

14.1.2 Equipment in which property has passed to BMTC shall be in the care and
possession of the Bidder solely for the purposes of the Works and shall not be within the
ownership or disposition of the Bidder. Notwithstanding the ownership of the
Equipment in accordance with Clause 14.1.1 the responsibility for care and custody
together with the risk of loss or damage of such Equipment remains with the Bidder
pursuant to Clause 30.5.1.

14.2 Marking of Equipment

Where the property in Equipment passes to BMTC, the Bidder shall so far as be
practicable and it has not done so previously, set the same aside and mark the same as
the property of BMTC. The Bidder shall procure that the BMTC at any time upon
reasonable notice may inspect any Equipment which have become the property of
BMTC and shall grant to the BMTC authorized representatives or procure the grant
of access to the Bidder's

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premises for such purposes or any other premises where such Equipment may be
located.

14.3 Exclusion of Lien

Neither the Bidder or a Subbidder nor any other person shall have a lien on or other
property interest in any Equipment which have vested in BMTC under this Clause 14
for any sum due or accepted due to the Bidder, Subbidder or other person and the
Bidder shall take such steps as may be necessary to ensure that the title of BMTC and
the exclusion of such lien and other property interest are brought to the express notice
of Subbidders and other persons dealing with or transporting any such Equipment.

14.4 Delivery of Equipment upon Termination

Upon Termination or upon termination of the performance of the whole or any part
of the Works before Completion of the whole of the Works, the Bidder shall deliver
Equipment to BMTC, the property in which has vested in BMTC by virtue of this Clause
14. If it shall fail to do so BMTC may enter any premises of the Bidder, any
Subbidder or other person or any off site place of manufacture or source of
Equipment (and the Bidder hereby grants BMTC the necessary licence to do so and
undertakes to procure the same right for BMTC from all Subbidders and other persons
as the case may be) and seize such Equipment and recover the expense involved in so
doing from the Bidder.

14.5 Manufacturer's warranties

Without prejudice to the Bidder's obligations and liabilities under the Contract, the
Bidder must obtain for BMTC, from the respective manufacturers, legally enforceable
warranties for the Equipment which shall ensure to the benefit of BMTC for the
entire term of the warranties.

14.6 Bidder's Equipment

14.6.1 All Bidder's Equipment provided by the Bidder or its Subbidders shall, when brought
on to the Project Site, be deemed to become the property of BMTC in the event of
Termination of Works on account of default of the Bidder and to be exclusively
intended for the Execution of the Works and the Bidder shall not remove the same or
any part thereof, except for the purpose of moving it from one part of the Project
Site to another, without the consent of the BMTC. Provided that such consent shall not
be required for vehicles engaged in transporting any staff, labour, Bidder's Equipment
to or from the Project Site.

14.6.2 The Bidder shall upon written request by the BMTC produce to the BMTC all
documents evidencing title to or the contractual basis of the Bidder's right to use any
item of Bidder's Equipment. In

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the event of failure to comply with such a request within 7 (seven) days, without
prejudice to any other rights or remedies available to BMTC, BMTC may withhold
any payments otherwise due to the Bidder in accordance with the Contract.

14.6.3 In case of import of any Bidder’s Equipment necessary for the Execution of the Works,
the Bidder shall be solely responsible for (without limitation to) its transportation,
importation, customs clearances and re-exports.

14.7 BMTC not liable for damage

BMTC shall not at any time be liable for the loss of or damage to any of the Bidder's
Equipment.

14.8 Conditions of hire of Bidder's Equipment

14.8.1 With a view to securing, in the event of Termination, the continued availability, for
the purpose of Executing the Works, of any hired Bidder's Equipment, the Bidder
shall not bring on to the Project Site any hired Bidder's Equipment unless there is an
agreement for the hire thereof (which agreement shall be deemed not to include an
agreement for hire purchase) which contains a provision that the owner will, on
request in writing made by BMTC within [7 (seven)] days after the Termination Date
and on BMTC undertaking to pay all hire charges in respect thereof from such date,
hire such Bidder's Equipment to BMTC on the same terms in all respects as the same
was hired to the Bidder, save that BMTC shall be entitled to permit the use thereof by
any other bidder employed by it on occasion of the Bidder's termination.

14.8.2 The Bidder shall upon request made by the BMTC at any time in relation to any item of
hired Bidder's Equipment immediately notify to the BMTC Representative in writing
the name and address of the owner thereof and shall certify that the contract for the hire
thereof contains a provision in accordance with the requirements of Clause 14.8.1. The
Bidder shall also upon request as aforesaid give a like notification (but without
certification) in regard to any Bidder's Equipment held under a contract of hire
purchase thereof.

14.8.3 In the event of BMTC entering into any agreement for the hire of Bidder's Equipment
pursuant to Clause 14.8.1 all sums properly paid by BMTC under the provisions of
any such agreement and all costs incurred by it (including stamp duties) in entering
into such agreement shall be deemed to be part of the costs of Executing the Works.

14.9 Re-export of Bidder's Equipment

In respect of any Bidder's Equipment which the Bidder imports for the purpose of the
Execution of the Works, the BMTC may use its reasonable endeavors to assist the Bidder
if so requested and to the extent it is able to do so in procuring any Applicable
Clearances for the re-export of such Bidder’s Equipment

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by the Bidder upon the removal thereof as aforesaid.

14.10 Approval not implied

The operation of Clause 14 shall not be deemed to imply any approval by the BMTC of
the Bidder's Equipment or any part thereof, or other matters referred to therein nor shall
it prevent the BMTC right to order the removal of any such Bidder's Equipment or
part thereof, at any time.

14.11 Incorporation of Clause into Subcontracts

The Bidder shall, where entering into any key or major subcontract for the Execution
of any part of the Works, incorporate in such subcontract (by reference or otherwise)
the provisions of this Clause 14 in relation to plant, equipment and tools and
temporary works brought on to the Project Site by the Subbidder.

14.12 Re-vesting and removal of Bidder's Equipment

Upon removal of any Bidder's Equipment which have been deemed to become the
property of BMTC under Clause 14.6 with the BMTC consent, as aforesaid, the property
therein shall be deemed to re-vest in the Bidder and upon Completion of the Works the
property in the remainder of such Bidder's Equipment as aforesaid shall, subject to the
termination provisions of the Contract, re-vest in the Bidder who shall remove the same.
If the Bidder shall fail to remove any Bidder's Equipment as aforesaid within such
reasonable time after Completion of the Works as may be allowed by the BMTC or
should fail to comply with its obligations under Clause 34.3, BMTC may:

14.12.1 sell any such Bidder's Equipment; or

14.12.2 return any hired Bidder's Equipment at the Bidder's expense to the person, firm
or company from whom such Bidder's Equipment was hired by the Bidder and
after deducting from any proceeds of sale the cost, charges and expenses of and
in connection with such sale and in connection with such return as aforesaid, BMTC
shall, subject to any right of set-off, pay the balance (if any) to the Bidder but to
the extent that the proceeds of any sale or return are insufficient to meet all such
costs, charges and expenses the excess shall be a debt due from the Bidder to BMTC
and shall be deductible or recoverable by BMTC accordingly as aforesaid.

15. LABOUR AND BIDDER’S PERSONNEL

15.1 Labour Compliances

15.1.1 In the employment of labour for the Execution of the Works, the Bidder shall comply

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and shall require its Subbidders to comply without limitation, with all requirements
of any Applicable Law relating to the employment of workmen or any subsequent
modification or re-enactment thereof including but not limited to, matters relating to
timely payment of wages and allowances, payment of minimum wages, payment of
overtime, grant of leave, payment of workmen's compensation, working hours,
safety, maternity benefits, holidays, framing of standing orders, disciplinary action
against employees, payment of provident fund contributions, payment of gratuities
and payment of bonuses, drinking water, food etc.

15.1.2 Medical Facilities at Project Site:

The Bidder shall, at its own cost, provide first aid and medical facilities, at the Project
Site as may be prescribed by the BMTC, on advice of medical authority in relation to the
strength of the Bidder’s staff and workmen employed on the Works, directly or
through petty bidders or Sub-Bidders.

15.2 Bidder to indemnify

The Bidder shall indemnify BMTC against any claim for legal action arising out of the
Applicable Laws due to the failure of non-compliance of the provisions of the
Applicable Laws which arise out of or in connection with the employment of any labour
for the Execution of the Works and penalty or any other amount levied by the
authorities from BMTC, shall be recoverable from the payments due to the Bidders
or from the security deposit or both, as debt due and payable on demand.

15.3 Engagement of Labour

The Bidder shall make its own arrangements for the engagement of all labour, local
and otherwise, skilled, semi-skilled and unskilled, as may be required for the proper
and timely Execution of the Works and shall use all diligence in arranging for a
sufficient and suitable supply of such labour but all such arrangements in India shall
be in accordance with the general local usage and subject to the Applicable Laws.

15.4 Project Site records and returns

The Bidder shall maintain and keep at the Project Site, wage books and time sheets
showing the wages paid to and time worked by all labour employed by the Bidder
and its Sub-bidders in and about the Execution of the Works or any part thereof and
all records, forms, declarations, registers, notices, and copies of filings made with
labour authorities as are required to be maintained by the Bidder pursuant to the
Applicable Laws and the Bidder shall produce such wages books, time sheets and
records for inspection by BMTC.

15.5 Bidder’s Personnel

15.5.1 General

The Bidder shall at all times ensure that it has sufficient, suitable and qualified
personnel at the Project Site and in sufficient number to undertake the responsibilities

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imposed upon the Bidder under the Contract and to provide full attention to the
Execution of the Works.
15.5.2 The Bidder's Project Organization Chart

[Link] The Bidder's Project Organization Chart to be submitted by the Bidder

to the BMTC Representative shall show the proposed organization to be
established by the Bidder for carrying out the Works and shall be
consistent with the Bidder's project organization chart submitted with
the Tender submission. The chart shall evidence that the Bidder has the
requisite organization in place and that it has designated and proposed
suitable persons as Key Personnel, whose identities and biodata it shall
include with the Bidder's Project Organization Chart, to supervise the
Execution of the Works and to deal with BMTC as appropriate.

[Link] The Bidder shall promptly notify the BMTC Representative of any
proposed revision or alteration of the Bidder's Project Organization
Chart.

15.5.3 Key Personnel

[Link] The BMTC shall be entitled to interview any or all of the persons
designated and proposed as Key Personnel before deciding whether or
not to consent to their appointment. If BMTC interviews any of the
proposed Key Personnel, BMTC shall be deemed to consent to such
Key Personnel if it makes no objection within [3 (three)] days of the
interview of the last proposed person to be interviewed. If BMTC objects
to any of the proposed Key Personnel within such 3 (three) day period,
then the Bidder must nominate a replacement or replacements, as
applicable within [7 (seven)] days and this Clause [Link] applies to such
nomination.

[Link] The Key Personnel are to be engaged throughout the period of the
Contract and shall include suitably qualified and experienced
personnel for one or more of the positions as set out in the Annexure I
under clause no. 11 (2).

15.5.4 Technical Assistants

[Link] The Bidder and, where appropriate any Subbidder shall provide and
employ in connection with the Execution of the Works only such
engineers and technical assistants as are skilled and experienced in
their respective callings and such engineers, managers, sub-
representatives, foremen and leading hands as are competent to give
proper supervision to the work they are required to supervise.

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15.5.5 Removal of Bidder’s employees

The BMTC may object to and require the Bidder to immediately remove from the
Works at the Bidder's expense any person employed by the Bidder or its Subbidders
in relation to the Works and such person shall not be employed again upon the Works
without the written permission of the BMTC. Any person so removed from the Works
shall, unless the BMTC specifies otherwise, be replaced, at the Bidder's expense as soon
as possible by a competent substitute approved by the BMTC.

15.6 Bidder shall meet or exceed the minimum wages as per Minimum Wages Act and
comply with labour laws of Govt. of Karnataka. The bidder shall also be responsible
for ensuring compliance to the provisions of other applicable labour laws, EPF laws
and other relevant laws.

15.7 In case of any eventualities (including disability, death etc.) anytime during the
contract period including any incidents, accidents with the personnel deployed by
the bidder for the project, bidder shall ensure appropriate measure to control the
damage, if any and to do good to the personnel or its family as applicable. Bidder
shall hold BMTC indemnified for any claim may be arising out of the same.

15.8 The salary of such manpower shall be credited directly through online banking
mechanisms like ECS / NEFT / RTGS etc. for all manpower. A record of the
payments made in this regard should be maintained by the bidder.

15.9 The bidder is required to comply with labour law for weekly off and other benefits.

15.10 Bidder shall submit escalation chart for the entire duration of the contract with
details like contact details, designation, role for the project etc. of all the concerned
persons.

15.11 The personnel assigned by bidder to perform the Services shall be employees of
bidder as per requirements defined in the tender document, and under no
circumstances shall such personnel be considered employees of BMTC or any other
Government authorities.

15.12 Bidder must provide clear definition of the role and responsibility of each individual
personnel. Bidder shall have a defined hierarchy and reporting structure for various
teams that shall be part of the project.

15.13 A table should be provided with the indicative list of resource categories and the
minimum resource requirements estimated for the project. However, bidder shall
independently estimate the teams size required to meet the requirements of Service
levels as specified as part of this tender document, bidder shall propose qualified
personnel with adequate skills levels to manage the system

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15.14 Replacement of Resources:

Provide replacement resource of equal or better qualification and experience. If
BMTC objects to the appointment, bidder shall not assign the individual to that
position and shall seek an alternative candidate.
• The document under the sub heading of warranty should have a calculation
matrix/Manpower requirement/Man-hour/ rate of any kind to determine
the labor cost associated to any kind of breakdown during this warranty
period.
• The document should also include a detailed Manpower management plan
for 3 years, post 2 years of warranty period for the comprehensive annual
maintenance of the ATS in the following format:
Sl. No. Role Month wise time to be spent by each personnel Total
(in days)
Year 1 Year 2 Year 3 Year 4 Year 5
1 Xxxxxxxxxxxx
2 Xxxxxxxxxxxx
3 Xxxxxxxxxxxx
4 Xxxxxxxxxxxx
5 Xxxxxxxxxxxx
6 Xxxxxxxxxxxx
7 Xxxxxxxxxxxx
8 Xxxxxxxxxxxx
9
10

TOTAL

16. TESTING

16.1 General

16.1.1 All materials and workmanship shall be of the respective kinds and standards
described in the Contract and in accordance with BMTC or authorized
representative’s instructions and shall be subjected from time to time to such tests
as provided for in the Contract. The Bidder shall provide such assistance, instruments,
machines, consumables and artificial loads and labour and materials as are normally
required for examining, measuring and testing any work and the quality, weight or
quantity of any material used and shall supply samples of materials before
incorporation in the Works for testing as set out in the Testing Plans.

16.1.2 The Testing Plans shall be submitted to BMTC in the manner stated in the Contract
or as otherwise directed by BMTC.

16.1.3 BMTC or their authorized representatives or its nominee and any other person
designated by BMTC may attend and witness the Equipment at any manufacturing
stage.

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16.1.4 The Bidder agrees that neither the execution of any test nor the issue of any test
certificate releases the Bidder from any of its responsibilities, obligations, or liabilities
(including repair of replacement of any Equipment or part of the Works damaged
during the carrying out of any Tests) under the Contract.

16.2 Testing Costs

The cost of making any test or inspection under the Contract shall be borne by the
Bidder if such test or inspection is intended by or provided for in the Contract or
should have reasonably been anticipated by the Bidder as likely to be required
including any costs relating to accommodation and travel incurred by the BMTC
personnel for such test/ inspection. There will be no additional visit to equipment
manufacturing plants to witness the equipment manufacturing. Bidder shall arrange the
visit to manufacturing site at the time of pre- dispatch inspection of equipment.

Save, as aforesaid, where any test is ordered by the BMTC which is neither intended nor
provided for by the Contract nor could reasonably have been anticipated by the Bidder,
then the cost of such test shall be borne by the Bidder if the test shows any
workmanship or Equipment not to be in accordance with the Contract or the BMTC
instructions, or if the test was required as a result of any failure of the Bidder to
comply with its obligations under the Contract.

16.3 Pre-Acceptance Tests and Project Site Tests

16.3.1 The Bidder must:

(i) procure the carrying out of the pre-dispatch inspection tests and the Project Site
Tests; and

(ii) not allow an item of Equipment to be transported to the Project Site unless it
has successfully completed the Pre-Acceptance Tests.

16.3.2 Within [7 (seven)] days of completion of any Pre-Acceptance Tests or the Project Site
Tests, the Bidder must give the BMTC a report of the test results in a form approved by
the BMTC.

16.3.3 The BMTC may, within [7 (seven)] days of receipt of a report produced in accordance
with Clause 16.3.2, give the Bidder a notice that it considers:

(i) such report is deficient in any way, and that it directs the Bidder to correct and
re- submit the report and the Bidder must re-submit the report;

(ii) in its reasonable opinion, that the Bidder has failed the test; or

(iii) that the relevant test has been successfully performed.

16.3.4 If, in the reasonable opinion of the BMTC the Equipment/ Works fail any Pre-dispatch
Inspection Test or Project Site Test (as applicable), the Bidder must:

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(i) give the BMTC notice of the cause of the failure and the remedial action to be
taken;
(ii) remedy the cause of the failure; and
(iii) reschedule, re-perform and report on results of the test in accordance with this
Clause 16.3.

16.4 Pre-dispatch Inspection Tests

The Bidder shall carry out the Pre-dispatch Inspection Tests of each Equipment in the
presence of a team of 4 – 5 persons as decided by BMTC as per the agreed plan
prior to the delivery of the Equipment at the Bidder’s site.

16.5 Acceptance Tests

The Bidder shall carry out the Acceptance test of each Equipment in presence of
BMTC as per the agreed plan with the BMTC or their authorized representative after
the completion of commissioning of the Equipment, at the Project Site.

17. TIME FOR COMPLETION

The Bidder shall complete the Works within the Time for Completion or such other
time as may be determined in accordance with Clause 18.

18. EXTENSION OF TIME FOR COMPLETION

18.1 Bidder’s notice of event likely to cause delay

The Bidder shall closely monitor the progress of the Works and shall give written
notice to BMTC

18.1.1 as soon as it can foresee any incident, circumstance and/or event of any nature
affecting or likely to affect the progress of the Works such that the Completion of the
Works will be or is likely to be delayed; or

18.1.2 should it have been unable to foresee such an incident, circumstance and/or event,
then as soon as it becomes aware of the commencement of the incident, circumstance
and/or event which has affected or is likely to affect the progress of the Works such
that Completion of the Works will be or is likely to be delayed.

18.2 Reasons for delay and extension of time

It shall be a condition precedent to any extension of time by BMTC under any provision
of the Contract, that in respect of each and every incident, circumstance or event
identified in the notice given in accordance with Clause 18.1, the Bidder shall, as
soon as possible after such notice but in any event not later than [30 (thirty)] days
after such notice or such longer period as BMTC may in its absolute discretion
determine, notify BMTC,

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Government of Karnataka in writing of any factors and the relevant Contract

provision which it considers may entitle it to claim an extension of time together with
a statement, providing details, reasons, explanation and any further substantiation
for the delay.

18.3 Delay Events

Subject to the other provisions of this Clause 18, the Bidder will only be entitled to an
extension of the Time for Completion where a delay to the achievement of
Completion is caused by:

18.3.1 the Bidder not being given access to the Project Site or any part thereof; or

18.3.2 a Change instructed other than where such Change is instructed as a

consequence of any default or breach of the Contract by the Bidder; or

18.3.3 any act, omission, default or breach by BMTC; or

18.3.4 a Force Majeure Event.

18.4 BMTC to determine extension

Subject always to proper compliance by the Bidder with the provisions of this Clause
18, BMTC or their authorized representative shall determine any extension of the
time for completion and shall notify the bidder accordingly.

18.5 Compliance

18.5.1 (i) the Bidder shall constantly use its reasonable endeavors to prevent and/or
minimize delay in the progress of the Works, howsoever caused, and to prevent
Completion of the Works being delayed or further delayed beyond the Time
for Completion and the Bidder shall not be entitled to an extension of time in
respect of any cause of delay nor for any period of delay which by the exercise
of reasonable endeavors could be avoided or reduced (to the extent that such
could have been reduced). The onus of proving that the Bidder has exercised
all reasonable endeavors, and that despite such endeavors, the delay could not
be avoided or reduced, shall in all cases rest with the Bidder;

(ii) the Bidder shall not under any circumstances be entitled to an extension of time
where the delay or likely delay is, or would be, attributable to the default,
breach, negligence, improper conduct or lack of endeavor of the Bidder or any
persons for whom it is contractually or otherwise responsible;

(iii) the Bidder shall have kept and maintained such records (including those
referred to in the notices under this Clause 18 [Extension of Time for
Completion] as may be reasonably necessary to support any claim for an
extension of time it may subsequently wish to make;

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18.5.2 The BMTC shall not be obliged to take into account any circumstances which are not
notified to it in accordance with the periods referred to in this Clause 18 but may
upon the written request of the Bidder extend the said periods if it considers the
request for such extension reasonable.

19. PROCEDURE FOR CLAIMS

19.1 Notice of claims

If the Bidder considers that it may have grounds to claim any additional payment or
any extension of time pursuant to any Clause of the Conditions or otherwise, it shall
in addition to compliance with any other procedure or obligation in relation thereto,
give notice to the BMTC, with a copy to BMTC, within fourteen [14 (fourteen)] days
after the event giving rise to the claim has first arisen. The notification shall include
details of the clause under which the claim is made, the circumstances in which the
claim arises and details of the records that the Bidder will maintain to substantiate the
amount of its claim.

19.2 Substantiation of claims

Within [28 (twenty-eight)] days, or such lesser time as may be reasonably required by
the BMTC, of giving notice under Clause 19.1, the Bidder shall send to the BMTC an
account giving detailed particulars of the amount claimed and the grounds upon which
the claim is based. Where the event giving rise to the claim has a continuing effect, such
account shall be considered to be an interim account and the Bidder shall, at such
intervals as the BMTC may reasonably require, send further interim accounts detailing
the aggregate amount of the claim and any further grounds upon which it is based. In
cases where interim accounts are sent to the BMTC, the Bidder shall send a final
account within [28 (twenty-eight)] days of the end of the effects resulting from the
event. The Bidder shall, if required by the BMTC so to do, copy of all accounts sent to
the BMTC pursuant to this Clause 19.2.

20. LIQUIDATED DAMAGES

20.1 Liquidated Damages

20.1.1 If the Bidder fails to Complete the Works in accordance with the Contract so that the
Date of Completion of the Works has not occurred within the Time for Completion or
in the event the Bidder defaults or is in breach of any of its obligations under the
Contract or the Bidder is non-compliant with or negligent in relation to any condition
specified under the Contract or causing damages to BMTC property at respective site,
then the Bidder shall pay or allow to BMTC, Government of Karnataka Liquidated
Damages for such default/ breach/ delay/ non-

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compliance/damage which is a genuine pre-estimation of and reasonable

compensation for the loss and damage that will be suffered by BMTC, for every day
which shall elapse between the Time for Completion and the date stated in the
Completion Certificate as being the Date of Completion of the Works or for every
day for which such breach or default (if capable of remedy as determined by the
BMTC) continues till the date of remedy. Liquidated damages in the event of delayed
delivery beyond agreed schedule will be levied at 0.5 percentage per week limited to
maximum 5 percentage of the contract value. Additionally, penalty will be applicable
for all the incidences mentioned above. The extent of penalty for such incidences will be
decided by BMTC, if, bidder is failed to meet agreed timelines indicated in Clause 14 of
Annexure-I: Scope of Work.

20.1.2 The payment of Liquidated Damages does not in any way relieve the Bidder from any
of its obligations to complete the Works or from any other obligations and liabilities of
the Bidder under the Contract.

20.1.3 For the avoidance of doubt and without prejudice to any continuing obligations of the
Bidder under the Contract or otherwise, the issue of any Completion Certificate does
not relieve the Bidder in respect of Liquidated Damages which have accrued up to
the date of such Completion Certificate, but which have not yet been paid by the
Bidder.

20.1.4 In the event of Liquidated Damages exceeding this cap, the BMTC has a right to
invoke “Termination Clause”

20.1.5 The BMTC reserves the right to recover the liquidated damages by adjusting the same
from the payments due to bidder or by invoking the Performance Bank Guarantee
which shall immediately be replenished upon invocation

20.2 Genuine Pre-estimate of Damages

The Parties recognize the expense and inconvenience likely to be incurred from any
need to prove the loss and damage that will be suffered by BMTC in the event of a
failure by the Bidder to achieve Completion of the Works by the relevant Time for
Completion or for breach or omission or non-performance of any obligation/
condition by the Bidder under the Contract. The Parties acknowledge that the
Liquidated Damages is a genuine pre-estimation of and reasonable compensation for
the loss and damage that will be suffered by BMTC in the event of any such failure on
the part of the Bidder.

21. COMPLETION OF WORKS

21.1 The Date of Completion of the Works shall be the date upon which the following
criteria have been satisfied or waived in writing by BMTC at its sole discretion:

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(i) the Execution of the Works, other than the performance of obligations to be
performed during the Warranty Period, has been completed in accordance
with the Contract, save in respect of the Punch List Items;

(ii) all outstanding work which BMTC requires to be completed before issue of the
Completion Certificate, has been satisfactorily completed;

(iii) the Bidder has been issued the acceptance certificate post the completion of the
Acceptance Tests; and

(iv) all the training obligations of the Bidder to be performed during the Execution
Period have been satisfactorily completed in accordance with the Contract;

(v) the Bidder has provided to the BMTC any amendment or update of any
information and documentation, which is required by the BMTC;

(vi) any Spare Parts and other items which the Bidder is required to supply and
deliver to BMTC in accordance with the Contract and which were used or
consumed during the any of the tests mentioned in the Contract have been
replaced by the Bidder at its own cost.

21.2 The Bidder acknowledges that until the Works are Complete, BMTC shall not be able
to commence the Project Facility operations.

21.3 Application for and issue of the Completion Certificate

21.3.1 The Bidder shall make a written application to BMTC for a Completion Certificate
not later than [2 (two)] days of from the conclusion of the Acceptance Tests. Such
application shall be accompanied by an undertaking to finish any outstanding work in
accordance with Clause 21.3.2.

21.3.2 BMTC shall, within [7 (seven)] days after receiving the Bidder's application in
accordance with Clause 21.3.1 issue the Completion Certificate to the Bidder with a
copy to their authorized representatives stating the date upon which the Works
achieved Completion and specifying any outstanding work, if any, which the Bidder is
required to complete and the period or periods within which such work is required to
be completed, such work to include:

(a) the Punch List Items; or

(b) any other outstanding work notified to the Bidder by BMTC.

21.4 Completing Punch List Items and any other outstanding works

21.4.1 During the Acceptance Tests, the Bidder shall provide in writing to BMTC reasonable
notice of its reasonable requirements with

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respect of access to and use of the Works for the carrying out of:

(i) the outstanding Works including any Punch List Items specified in the
Completion Certificate;

(ii) any rectification, repair or replacement of any items in accordance Clause 22.1.

21.4.2 BMTC shall use reasonable endeavors to secure such access for the Bidder. When
carrying out such work the Bidder shall comply with all reasonable instructions of
BMTC with regard to the safety of the Works and the ongoing performance by
BMTC of its obligations and shall complete the work in such manner that, so far as
reasonably practicable, does not prevent, hinder or otherwise interfere with the
performance of BMTC of its obligations and the exercise of its rights during the
Project Facility operations period.

21.4.3 The Bidder shall complete any Punch List Items specified in the Completion
Certificate within the time instructed reasonably by BMTC.

22. WARRANTY PERIOD

22.1 The BMTC shall have the right, but not the obligation, to instruct the Bidder in writing
to Execute all such work of repair, amendment, replacement of any parts of the
Equipment, rectification of defects, imperfections or other faults in the Works and any
part thereof, as the case may be, at any time during the Warranty Period.

22.2 All such work instructed under Clause 22.1 shall be carried out by the Bidder at its
own expense.

22.3 At all times during the Warranty Period BMTC shall be fully entitled to Execute all
work of repair, amendment, replacement of any parts of the Equipment, rectification
of defects, imperfections or other faults in the Works and any part thereof, as the case
may be, by its own workmen or by other bidders and if the necessity thereof shall in
the opinion of the BMTC be due to the use of materials or workmanship not in
accordance with the Contract or the neglect or failure on the part of the Bidder, BMTC
shall be entitled to recover from the Bidder the cost thereof or may deduct the same
from any monies due or that become due to the Bidder.

22.4 Continuing Obligations

22.4.1 Notwithstanding the expiry of the Warranty Period, the Bidder shall remain liable for
the fulfilment of any obligation incurred under the provisions of the Contract prior to
the expiry of the Warranty Period which remains unperformed upon the expiry of
the Warranty Period and, for the purposes of determining the nature and extent of
any such obligation, the Contract shall be deemed to remain in force between the

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Parties.

22.4.2 Notwithstanding the expiry of the Warranty Period and / or maintenance contract if
any, the Bidder shall provide necessary Spare Parts, sales, services and support for
the performance of the Equipment on payment basis to be mutually agreed between
the Bidder and BMTC.

22.5 Maintenance Obligations

22.5.1 The Bidder shall take full responsibility for the maintenance and upholding of the
permanent structures at the Project Site and the site offices (if any) used by the Bidder
during the Warranty Period.

22.5.2 The Bidder shall ensure that its maintenance obligations are performed in such a
manner as will permit the proper performance by BMTC in its operation of the
Project Facility and so as not to affect the activities of the Project Facility users.

23. CHANGES

23.1 General

23.1.1 The Bidder shall not carry out any Change except as directed by BMTC. The BMTC
shall have the power to, from time to time, for the Execution of the Works, to instruct
the Bidder, by notice in writing to carry out Changes without prejudice to the
Contract.

23.1.2 The Bidder acknowledges and accepts that no Change shall in any way vitiate or
invalidate the Contract.

23.1.3 Subject to the terms of this Clause 23, the Bidder shall be required to perform
any Change howsoever initiated and be bound by the same conditions as far as
applicable, as though the said Changes occurred in the Contract.

23.1.4 BMTC reserves the right to increase or decrease the quantities of items under the
Contract but without any change in the unit price for such item. Such a Change in the
quantity shall not be subjected to any limitations for the individual items but the total
Change for all such items shall be limited to the estimate (if any) provided.

23.2 Procedure for Changes

23.2.1 BMTC has the right to initiate a Change at any time by either:

(i) instructing in writing a Change Order in which case the Bidder shall comply
with Clause 23.2; or

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(ii) issuing a written notice proposing a Change (a “Change Notice”).

23.2.2 Within [14 (fourteen)] days of receipt of a Change Notice, the Bidder shall provide to
BMTC a written statement setting out detailed particulars of any effect the proposed
Change would have on the Works and/or on any other provisions of this Contract if the
proposed Change is effected (a “Change Notice Response”).

23.2.3 Following receipt of a Change Order, the Bidder must immediately implement the
Change subject to the following terms:

(i) the Contract Sum will, be amended in accordance with the principles to be
mutually agreed between BMTC and the Bidder;

(ii) any extension of time will be determined and BMTC is entitled to take
account of the Bidder's estimate (if any) when determining such extension of
time;

(iii) these Conditions (as amended from time to time) will apply to the Change as
though it formed part of the Works.

23.2.4 Following receipt of a Bidder's Change Notice Response, BMTC may either:

(i) issue a written Change Order to the Bidder, on such terms and conditions as
BMTC may deem appropriate; or

(ii) withdraw the Change Notice.

The Bidder shall not be entitled to any costs or extension of time as a result of
preparing a Change Notice Response.

23.2.5 If:

(i) the Bidder fails to comply with its obligation under Clause 23.2; or

(ii) if the BMTC rejects the information provided by the Bidder pursuant to
Clause 23.2; BMTC shall be entitled, following notification to the Bidder, to
engage a third party to perform the Change, in which case the Bidder shall
cooperate fully with any such third party.

23.3 Bidder's Changes

23.3.1 The Bidder may, from time to time during its performance of the Contract, propose to
BMTC any Change which the Bidder considers:

(i) necessary for the proper Execution of the Works; or

(ii) which adopted will:

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(a) substantially reduce the cost of Executing, maintaining and operating

the Works or the Project; or

(b) improve the efficiency or value to BMTC of the Completed Works

(including a reduction in the life cycle costs associated with the Project);
or

(c) otherwise be of benefit financial or otherwise, to BMTC and such

proposal must be in writing and shall be in the form of and contain such
information as required of a Change Notice Response referred to in
Clause 23.2.2.

23.3.2 Where Clause 23.3.1(i) applies BMTC may either:

(i) issue a written Change Order to the Bidder and the Bidder shall implement the
Change in accordance with Clause 23.2.2; or

(ii) reject the Change proposed by the Bidder.

The Bidder shall not be entitled to any costs or extension of time as a result of
preparing a proposal in accordance with Clause 23.3.1.

23.3.3 BMTC may, at its sole discretion, accept or reject the Bidder's proposed Change and
failure by BMTC to respond within [14 (fourteen)] days shall be deemed to be a
rejection.

23.3.4 If in the opinion of the Bidder, any Change proposed by BMTC prevents or is likely to
prevent the Bidder from fulfilling his obligations under the Contract, the Bidder shall
notify the BMTC thereof in writing and the BMTC shall decide forthwith whether or
not the same shall be carried out by the Bidder. In case the BMTC confirms that the
Change shall be carried out, the Bidder’s obligations under the Contract shall be
modified to an extent as may be mutually agreed to between the Parties.

23.4 Omissions

23.4.1 The Bidder acknowledges that a Change may involve the omission of any part or
parts of the Works up to 10% (ten percent) of the total Contract Price and the Bidder
acknowledges and agrees that BMTC may engage others to carry out that part or
parts so omitted.

23.4.2 On the omitted Works, the Bidder shall be entitled to payment, 10% (ten percent) of
the value of omission which shall include Bidder’s profits and overheads.

23.5 Valuation of Changes

23.5.1 The valuation of a Change to be paid by BMTC to the Bidder, or by the Bidder to
BMTC, as the case may be, shall be calculated as follows:

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(i) the Parties will endeavor to agree to the valuation; and

(ii) failing agreement under Clause 23.5.1 (i) within a reasonable time (but no
more than [28 (twenty-eight)] days after the BMTC direction in accordance
with Clause 23.2.4 (i), BMTC will determine the valuation, subject to the
following:

(a) in the event that the Change involves additional works, the increase to
the Contract Price will be no more than the estimate (if any) provided;
and

(b) in the event that the Change involves the omission of part of the Works
or results in a saving to the Bidder, the reduction in the Contract Price
will be no less than the estimate (if any);

the following valuation principles shall apply:

1. where the varied work is similar in character to and executed under

similar conditions to work priced as per the Payment Schedule, such
work shall be valued at the applicable rates and prices in the Contract;

2. where the varied work is not of a similar character to or not executed

under similar conditions to work priced in the price breakdown then
the BMTC shall establish a new rate for such work based upon the
rates or prices contained in the Contract insofar as may be reasonable
making such allowances thereto by way of additional or deductions as
may be necessary to take account of any dissimilarity in the character of
the work or the conditions under which the work was Executed;

3. where work is omitted, the rates and prices in the Contract shall be
used to value the work omitted provided that if part only of an item of
work is omitted their BMTC shall establish a new rate or price by
which to value the omitted work which shall be fair and reasonable.

4. where the varied work cannot be properly valued in accordance with

the provisions of Clauses 23.5.1(ii) (1), (2) or 3 above, the BMTC shall
establish a new rate or price for such work which shall be fair and
reasonable.

23.5.2 Without prejudice to Clause 23.2, the BMTC may, in its absolute discretion, instruct a
Change Order in circumstances where, in its absolute discretion, the Bidder will fail to
meet any of its obligations under the Contract or where it is necessary on account
of some default or breach of the Contract by the Bidder or those for whom it is
responsible for, in which case the Bidder shall not be entitled to any extension of time or
any increase in the Contract Sum, and any adjustment to the Time for Completion.

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24. INTELLECTUAL PROPERTY

24.1 Intellectual Property

24.1.1 All Intellectual Property which is proprietary to BMTC or the Bidder, shall be the
exclusive property of BMTC or the Bidder respectively, as the case may be.

24.1.2 All Intellectual Property jointly developed by BMTC and the Bidder or developed by
the Bidder for the purposes of the performance, execution and implementation of the
Works shall be the exclusive property of BMTC. The Bidder shall however be entitled
to use such Intellectual Property for a period of 5 (five) years without payment of any
charges to BMTC provided that such Intellectual Property is used by the Bidder itself
for development of facilities owned by the Bidder. The use of any Intellectual Property
for any facility other than facility owned by the Bidder shall be permitted subject to the
execution of a non-exclusive and revocable license agreement with BMTC on such
terms and conditions as may be agreed to between BMTC and the Bidder.

24.2 Infringing Matter

24.2.1 The Bidder warrants and represents that:

(i) it has all rights and licenses necessary to grant, assign and transfer to BMTC
licenses and assignments in accordance with this Clause 24.1.2; and

(ii) there is and will be no infringement of any Intellectual Property, in respect of

the rights licensed and transferred to BMTC pursuant to Clause 24.1.2 or
assigned otherwise used in connection with the Works.

24.2.2 The Bidder shall indemnify and hold harmless BMTC against all issues, claims,
damages, liabilities, costs and expenses (including legal costs) incurred by it in
respect of any breach of the warranty in Clause 24.2.1.

24.2.3 If either BMTC or the Bidder is prevented from operating or using the Works or any
Intellectual Property or any part thereof (“Infringing Matter”), the Bidder must at its
own expense, in addition to its other obligations under the Contract, take all steps
necessary to procure for BMTC the right to operate or use the Infringing Matter for
its intended purpose.

24.3 Patent Rights and Royalties

24.3.1 Royalties and fees for patents covering equipment’s, materials, articles, apparatus,
devices or processes used in the Works shall be deemed to have been included in the
Contract Sum. The Bidder shall satisfy all demands that may be made at any time for
such royalties or fees and the Bidder shall be liable for any damages or claims for

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patent infringements and shall keep BMTC indemnified in this regard. The Bidder
shall, at his own cost and expense, defend all suits or proceedings that may be
instituted for alleged infringement of any patents involved in the Works and in case
of any award of damages, shall pay for such damages. In the event any apparatus
or equipment or any part thereof furnished by the Bidder, is in a suit or proceeding is
held to constitute infringement and its use is enjoined, the Bidder shall at his option and
his own expense, either procure for BMTC, the right to continue the use of such
apparatus, equipment or part thereof, replace it with non-infringing apparatus or
equipment or modify it so it becomes non-infringing.

25. INSURANCES

Bidder shall at his own expense effect and maintain all risk insurance policy (Bidder’s All
Risk Policy) in the joint names of the BMTC and the Bidder, the name of the former
being placed first in the policy covering the following and shall be in full force up to
completion of Maintenance Period.

In case of Joint Venture, name of all JV members shall be included in the Insurance Policy.
The insurance shall be against all losses or damages from whatever causes, other than
excepted risks, for which the bidder is responsible under the contract. The insurance cover
shall be for the period of contract and also for the Period of Maintenance, for loss or
damage arising from a cause prior to commencement of the Period of Maintenance, and
for any loss or damage, occasioned by the bidder in the course of any operations carried
out for the purpose of complying with his obligations during Operation and Maintenance
Period.

Such insurance shall be affected with an insurer and in terms approved by the BMTC.
The bidder shall submit the Evidence of Insurance Cover with the receipts of payment of
the current premiums.

25.1 Third Party Insurance

Before commencing the execution of the Works, the bidder shall insure against his
liability for any material or physical damage, loss or injury which may occur to any
property or life including that of the BMTC or to any person, including any employee of
the BMTC, by or arising out of the execution of the Works or in the carrying out of the
Contract. The sum insured shall be equal to Work Order Value.

25.1.1 Workmen's Insurance:

The BMTC shall not be liable for any payment in respect of any damages or
compensation payable according to law in respect or in consequence of any accident or
injury or loss of life to any workman or other person in the employment of the
Contractor or any sub-agencies. The bidder shall insure against such liability with an
insurer approved by the BMTC for sum of the established norms during the entire
period till completion of Period of Maintenance. The bidder shall

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also indemnify the BMTC against all claims which may be made upon the BMTC,
whether under the Workmen’s Compensation Act or any other statute in force, during
the currency of this contract or at common law in respect of any employee of the bidder
or of sub-agencies and shall be at its own expense effect and maintain until the term of
the Contract, with an Insurance Company, approved by the BMTC, a policy of
Insurance against such risks and deposit such policy or policies with the BMTC from
time to time.

25.1.2 Without prejudice to the other rights of the BMTC against the bidder in respect of such
default, the BMTC may so insure and shall be entitled to deduct the premiums paid along
with his service charges from bidder for non-compliance from any sums payable to the
bidder.

25.1.3 The bidder shall be responsible for any liability which may not be covered by the
insurance Policies referred to above and also for all other damages to any person, animal
or defective workmanship in carrying out of this Contract, whatever, may be the reasons
due to which the damage shall have been caused.

25.1.4 The bidder shall also indemnify and keep indemnified the BMTC against all and any
costs charges or expenses arising out of any claim or proceedings relating to the Works
and also in respect of any award of damage or compensation arising there from.

25.1.5 The bidder, in case of re-building or reinstatement after fire, shall be entitled to such
extension of time for completion as may deem fit by BMTC, but shall, however not be
entitled to reimbursement by the BMTC or any shortfall or deficiency in the amount
finally paid by the Insurer in settlement of any claim arising as set out herein.

25.1.6 Insurance by Sub-bidders:

Without prejudice to his liability under this Clause 25.1.6, the bidder shall also cause all
nominated Sub-bidders to effect, for their respective portions of the works, similar
policies of insurance in accordance with the provisions of this Clause and shall deposit or
cause to deposit with the BMTC such policies. The bidder shall not permit Sub-bidder to
commence work at the site unless the said insurance Policies are submitted. In the event
of failure of the Sub-bidder to take out such a policy of Insurance before commencing the
works at the site, the bidder shall be responsible for any claim or damage attributable to
the said Sub-bidder.

25.1.7 Period of Policies:

All the insurance covers for full amount as detailed in bid document shall be kept in full
force (alive) during the entire period of the contract (till end of AMC).

25.1.8 Remedy on bidder's Failure to Insure:

If the bidder fails to effect and keep in force the insurances referred to above, or any other

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insurance which he may be required to effect under the terms of the Contract, then and
in any such case the BMTC may effect and keep in force any such insurance and pay
such premium or premiums as may be necessary for that purpose and from time to time
deduct the amount so paid by the BMTC as aforesaid from any monies due or which may
become due to the bidder, or recover the same as debt due from the bidder.

26. PAYMENT

26.1 Payment Schedule

The Payment Schedule shall be as per the Annexure: VIII - Terms of payment.

26.2 Terms of Payment

The Terms of Payment shall be as provided in the Annexure: VIII - Terms of

payment.

26.3 Currency of Payment

The Contract Price and all payments to be made to the Bidder in respect thereof shall
be Indian Rupees.

26.4 BMTC right to set off

BMTC shall, notwithstanding any provision to the contrary included in the Contract,
be entitled to deduct from and set off against any amount due to the Bidder under the
Contract, any amount or amounts which the Bidder is liable to pay to BMTC under
the Contract.

26A PAYMENT CERTIFICATES

i) The bidder shall submit to the BMTC statements of the value of the work completed.

ii) The BMTC shall check the bidder's statement and certify the amount to be paid to the
bidder as per contract payment schedule after taking into account any credit or debit
for the month.

iii) The value of work executed shall be determined by the BMTC.

iv) The value of work executed shall comprise the value of the milestone achieved and
work program attached to the contract.

v) The value of work executed shall include the valuation of Change in Scope
(Variation), if any.

vi) The BMTC may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate

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in the light of later information.

27. TAXES AND DUTIES

27.1 Bidder to pay Taxes

Unless specifically stated elsewhere in the Contract, the Bidder is solely liable for
payment of, and warrants that it will pay, or ensure the payment of:

27.1.1 all Taxes (all applicable taxes including GST imposed by central and state
government such as custom duty, excise, VAT, octroi etc.);

27.1.2 all contributions payable by any Applicable Law, award and pursuant to any
contract with all industrial or trade union or other association of employees
or otherwise with respect to or ascertained by reference to the wages, salaries
or other compensation paid to employees of the Bidder or its Subbidders in
respect of the Works, including Taxes or contributions for workers'
compensation, unemployment or sickness benefit, old age benefit, welfare
funds, pensions and disability insurance;

27.1.3 the cost of all import or export licenses if required in respect of the bidder’s
Equipment’s and Spare Parts;

27.1.4 the cost of any port dues including (but not by way of limitation) warfage dues,
storage charges, quay rent, craneage, shipping dues, pilotage fees, anchorage,
berthage and mooring fees, quarantine dues, loading, porterage and overtime
fees for any goods, materials and Bidder’s Equipment’s and Spare Parts to be
used in connection with the Execution of the Works;

27.1.5 all charges and other expenses in connection with the landing and shipment of
all goods and equipment and any part thereof, materials and other things of
whatsoever nature brought into or dispatched from India for the purposes of
the Contract; and

27.1.6 the bidder indemnifies and keeps indemnified BMTC against all liability for
payment of all of the above Taxes, assessments and contributions, duties, costs
and fees and all liability arising in respect of any non-payment;

27.1.7 any addition of tax till completion of operation period of project.

27.2 Withholding Tax / Income Tax deducted at source

27.2.1 The Bidder shall be responsible for payment of all Taxes on the income,
surcharge on income tax and corporate tax in respect of the Contract,
irrespective of the mode of contracting. BMTC shall not in any way be liable
for payment of such taxes. BMTC, Government of

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Karnataka shall be entitled to deduct in accordance with Applicable Law,

Income Tax or withholding tax or other deductions (as the case may be), from
any payments made to the Bidder, and the amount so deducted shall be
deemed to be a payment made to the Bidder. BMTC shall provide a
certificate certifying the deduction so made.

27.3 Operation Cost

The Bidder on its own cost will appoint operational manpower as per guideline of
Indian labour Law.

The safety of the operational staff will also be taken into consideration.

27.4 General

27.4.1 The Bidder must provide sufficient information regarding the nature and cost of the
Works to enable all the relevant statutory obligations of BMTC that are dependent
upon that information to be satisfied.

27.4.2 The Bidder shall fully indemnify, save harmless and defend BMTC including its
officers, servants, agents and subsidiaries as well as the BMTC from and against any
and all loss and damages arising out of or with respect to failure of the Bidder (a) to
comply with Applicable Laws and Applicable Clearances and/or (b) to make
payments of Taxes relating to the Bidder's Subbidders and representatives income
or other Taxes required to be paid by the Bidder without reimbursement hereunder
and/or (c) to pay amounts due as a result of materials or services furnished to the
Bidder or any of its Subbidders which are payable by the Bidder or any of its
Subbidders or any other person employed or engaged by the Bidder in connection
with the Works.

28. OPERATIONS AND MAINTENANCE MANUALS AND TRAINING

28.1 Operation & Maintenance Manual

28.1.1 The bidder shall prepare and submit Operation and Maintenance Manuals to BMTC
considering all information in respect of the design, installation, erection, supply,
extension, repair, operation and maintenance of the Works, any parts thereof and any
special directions or recommendations from the relevant manufacturers of any
Equipment and must itself provide written instructions where such are not
available from such manufacturers.

28.1.2 The Operation & Maintenance Manual must be prepared:

(i) based on all relevant instruction manuals and special directions or

recommendations from the relevant manufacturers of any Equipment or parts
thereof obtained in accordance with Clause 28.1.1.

(ii) so as to provide BMTC with such detail and

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information as may be necessary for use by BMTC in order to operate,

maintain, dismantle, reassemble, adjust, upkeep and uphold all parts of the
Works and the Works as a whole;

(iii) based on a maintenance plan for each part of the Works that is consistent with
and intended to ensure that, each part achieves any design life specified in
respect thereof in the Contract;

(iv) based on Good Industry Practice;

(v) in full consideration of the experience, level and technical background of

BMTC personnel and the Bidder's training-related obligations under the
Contract.

28.1.3 During the period of the Acceptance Tests, the Bidder must update and revise the
Operation & Maintenance Manual as necessary and as may be required by BMTC, to
reflect the completion of all of the Bidder's obligations under the Contract including all
defects and warranty obligations.

28.1.4 The Bidder warrants that adherence to the Operation & Maintenance Manual will
facilitate and ensure the operation and maintenance of the Project Facility at the levels
of capacity, safety, efficiency, reliability and maintainability required by the Contract.

28.1.5 Within 1 (one) month prior to the Warranty Period, the Bidder shall update and revise
the Operation & Maintenance Manual as necessary and as may be required by BMTC.

28.2 Training

The Bidder shall submit Training Plan to the Employer and shall include any
suggestion or inputs of the BMTC.

28.2.1 The Bidder shall provide comprehensive training in the operation and maintenance of
the Works to Project Facility operation trainers and Project Facility operations
personnel in accordance with the Training Plan mutually formalized or to be
formalized between the Bidder and the BMTC (“Training Plan”) in order to procure
BMTC objective of the timely, efficient, economic and safe operation and maintenance of
the Works and Project Facilities.

28.2.2 Without limiting its obligations under the Contract, the Bidder shall adhere to the
principles and procedures contained in the approved Training Plan, and any
approved amendments or supplements thereto. The Bidder shall revise the Training
Plan from time to time as directed by BMTC and as and when further Project Facility
operation trainers and Project Facility operations personnel are required by BMTC to
be trained, which training shall be undertaken by the Bidder without the right to
any additional payment or an extension of time.

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28.2.3 During such period as they may be being so trained or retrained by, or otherwise
under the control of the Bidder pursuant to the provisions of the Contract, the Project
Facility operation trainers and Project Facility operation personnel shall for the
purposes of control and responsibility (but for the avoidance of doubt without any
obligation to provide remuneration to such personnel or any responsibility in respect
of Taxation and insurance of such personnel) to the extent permitted by the
Applicable Laws, be deemed to be the servants of the Bidder.

28.2.4 For the purposes of providing the training pursuant to this Clause 28.2 and so as to
enable the Project Facility operation trainers and Project Facility operations personnel
to familiarize themselves with the Works, the Bidder shall allow and procure access
as necessary to the Project Site, places off the Project Site where Equipment is being
manufactured and tested.

28.2.5 The Bidder represents and warrants that:

(i) the numbers, qualifications and levels of experience specified by the Bidder in
its Training Plan shall be such as is required to provide BMTC with Project
Facility operation trainers and Project Facility operations personnel in sufficient
numbers and of sufficient qualifications and experience properly to operate and
maintain the Project Facility in accordance with the Contract and the
Operation & Maintenance Manual; and

(ii) the training of adequate numbers of suitably qualified Project Facility

operation trainers and Project Facility operations personnel has been or will
be fully and properly undertaken under the provisions and in accordance
with the terms and conditions of the Contract in order to secure the
availability of a sufficient number of skilled and experienced personnel
properly to undertake at all times during the Project Facility operations period
in a timely, efficient, economic and safe manner, under the supervision of
BMTC or otherwise, the day to day operations of the Project Facility and the
performance of routine and preventative maintenance thereof.

(iii) The cost and expense of providing the accommodation and travelling of the
Project Facility operation trainers and Project Facility operations personnel
incurred in training pursuant to this Clause 28.2 shall be borne by Bidder.

28.3 Manufacturer's Warranties

28.3.1 Without prejudice to the Bidder's warranties in the Contract, the Bidder shall obtain
for BMTC, the Required Manufacturers Warranties for the Equipment in accordance
with Technical Conditions of Contract and must obligate the respective
manufacturers at their sole expense to rebuild, remove and replace Equipment which
has defects and deficiencies in substantially the same manner and on terms and
conditions to those contained in the Contract and, where required by BMTC, must
travel to and from and perform such activities at the Project Site.

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28.3.2 At the request of BMTC, the Bidder must seek to obtain from the manufacturers of the
Equipment referred to in Clause 28.3.1 extended warranty coverage.

28.3.3 The warranty period for any Equipment or any part must be extended for a period
equal to the period that such item cannot be operated as a result of a defect and
deficiency or as a result of any deficiency or damage caused by another item of
Equipment, and in respect of extended warranties, the Bidder must use its best
endeavors when requested by BMTC to assist in enforcing such warranties and
guarantees.

28.3.4 The installation of any and all Equipment in the Works must be in strict accordance
with the manufacturers' requirements and the Contract, and without prejudice to the
Bidder's warranties contained in the Contract, in the event that BMTC seeks to
enforce a claim based upon a manufacturer's warranty, and if such manufacturer fails
to honour its warranty based in whole or in part, on a claim of defective installation,
BMTC is entitled to enforce the manufacturer's warranty against the Bidder in
accordance with the terms of the warranty, or, at BMTC option, the Bidder must
defend and indemnify BMTC from and against any liability in respect of such defect
and deficiency, provided however, that a claim of defective installation is not a
defence to any warranty claim by BMTC.

29. BMTC

29.1 BMTC obligations

Notwithstanding anything contained in the Contract and in addition to and not in

derogation or substitution of any of its other obligations under the Contract, BMTC
shall:

(i) use reasonable endeavors to assist the Bidder to obtain from Statutory
Authorities all Applicable Clearances other than those which are BMTC
responsibility.

(ii) use reasonable endeavors to assist the Bidder in the procurement of the
peaceful use of the Project Site by the Bidder under and in accordance with
the provisions of the Contract and without any let or hindrance from any
Relevant Authority or persons claiming through or under it/them; and

(iv) upon written request from the Bidder, use reasonable endeavors to assist the
Bidder with procuring assistance in obtaining access to all necessary
infrastructure facilities and utilities, including water, electricity and
telecommunication facilities at rates and on terms no less favorable to the
Bidder than those generally available to commercial customers receiving
substantially equivalent facilities/utilities.

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(v) Monitoring of overall timelines, SLAs and calculation of penalties, Liquidated

Damages accordingly.

(vi) Issuing the Final Acceptance Certificate on successful deployment of the

software application, hardware deployed and for other components of the
Scope of Work (wherever required).

(vii) Provide sign off on the deliverables of the project including design documents
etc.

30. BIDDER’S COVENANTS

30.1 Urgent repairs

If, by reason of any accident or failure or an emergency or other event occurring to, in
or in connection with the Works or any part thereof during the period of the Contract,
any repair shall, in the opinion of BMTC, be urgently necessary and the Bidder is unable
or unwilling or not available at once to do such repair, BMTC may by its own or other
workmen do such repair as BMTC may consider necessary. If the repair so done by
BMTC is work which, in the opinion of the BMTC, the Bidder was liable to do at its own
expense under the Contract, all costs and charges properly incurred by BMTC in so
doing shall within [14 (fourteen)] days from the date of receipt of the claim be
paid by the Bidder to BMTC or their authorized representative or may without
prejudice to any other method of recovery, be deducted by BMTC from any monies
due or which may become due to the Bidder or may be recovered as a debt.

30.2 Improper Equipment

The BMTC, without prejudice to the generality of its powers, shall have the authority to
issue instructions (which shall be effected by the Bidder with all reasonable speed and at
its sole expense without any right to an extension of time) from time to time for:

30.2.1 the removal from the Project Site, within such time or times as may be
specified in the instruction, of any Equipment or any other part of the Works
which, in the opinion of the BMTC, are not in accordance with the Contract;

30.2.2 the substitution of proper and suitable Equipment or any other part of the
Works;

30.2.3 the removal and proper re-Execution, notwithstanding any previous test
thereof or interim payment therefor, of any work which, in respect of any
workmanship by the Bidder is not, in the reasonable opinion of the BMTC, in
accordance with the Contract; and

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30.2.4 such testing, as it may consider necessary or desirable following any

instruction issued pursuant to this Clause.

30.2.5 In case of the replacement or substitution of the equipment, there should be a

proper timeline, clearly mentioning the maximum time by which the
equipment is replaced or restored (in working condition). The document
should also mention that the cost of the restoration or replacement shall be the
burden of the bidder.

30.3 Illegal gratification

30.3.1 Bribe, commission, gift or advantage: Any bribe, commission, gift or advantage given
or offered by the Bidder directly or through its partner, agent, officer or BMTC
authorized representatives, or to any person / institution connected with BMTC , in
relation to obtaining or the execution of this or any other Contract with the BMTC
shall in addition to any criminal liability which the Bidder may incur, subject the
Bidder to termination of the Contract and all other Contracts with BMTC, and
liability for payment of any loss or damage to BMTC, resulting from such termination.
BMTC shall be entitled to deduct the amounts so payable from any money / moneys
due to the Bidder alone, or jointly under the Contract or any other contract with BMTC.
The Bidder shall not be due, nor shall be paid any compensation whatsoever for any
loss, alleged or actual, suffered by the Bidder when the Contract is so terminated.

30.3.2 Monetary dealing of Bidder with employee of BMTC: The Bidder shall not lend or
borrow money from, or enter into any monetary dealings or transactions directly or
indirectly, with any employee of BMTC, and if the Bidder does so, BMTC or their
authorized representative shall be entitled forth-with to terminate the Contract and
all other Contracts with BMTC. The Bidder shall be liable to pay compensation for
any loss or damage to BMTC resulting from such termination and BMTC shall be
entitled to deduct the amounts so payable from the money(s) due to the Bidder.

30.3.3 Settlement of dispute as to commission of such offence: If any question or dispute as

to the commission of any such offence arises under Sub-clauses (bribe, commission,
gift or advantage) and (monetary dealer of Bidder with employee of BMTC), the same
shall be settled by BMTC, in such manner as the BMTC shall consider fit and proper,
and such decision shall be final and binding.

Terminology related to Corrupt or Fraudulent Practices

a. “fraudulent practice” means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence a procurement /
selection process or an execution of a contract to the detriment of the
BMTC, and includes collusive practice among bidders (prior to or
after bid submission) designed to establish

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bid prices at artificial non-competitive levels and to deprive the BMTC of

the benefits of the free and open competition.
b. “Coercive practice” means impairing or harming or threatening to
impair or harm, directly or indirectly, any persons or property to
influence any person, participation or action in the Selection Process;
c. “Undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by BMTC with the objective of
canvassing, lobbying or in any manner influencing or attempting to
influence the Selection Process; or (ii) having a Conflict of Interest; and
d. “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the Selection
Process.

30.3.4 Without prejudice to the rights of the BMTC under Clause above and the rights and
remedies which the BMTC may have under the LOI or the Agreement, if an Bidder or
Implementation Agency, as the case may be, is found by the BMTC to have directly or
indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice
during the Selection Process, or after the issue of the LOI or the execution of the
Agreement or implementation of the project, such Bidder or Successful Bidder may
not be eligible to participate in any tender issued by the BMTC during a period of 2
(two) years from the date such Bidder or Successful Bidder, as the case may be, is found
by the BMTC to have directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
30.4 Avoidance of Damage to Roads and Bridges

30.4.1 Bidder to prevent damage to roads and bridges

[Link] The Bidder shall use every reasonable means to prevent any of the
highways, railway or bridges communicating with or on the routes to
the Project Site (including access and link roads) from being damaged
or injured by any traffic of the Bidder or any of its Subbidders. In
particular, the Bidder shall select routes, choose and use vehicles and
restrict and distribute loads so that any such extraordinary traffic as
will inevitably arise from the moving of plant and materials to and
from the Project Site shall be limited as far as reasonably possible and
so that no unnecessary damage or injury may be occasioned to such
highways, railways and bridges. In case of any damage or injury to the
same, the Bidder’s warrants indemnifying and holding harmless
BMTC from and against claims, proceedings, damages, costs, charges
or expenses in respect of the said damage.

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[Link] Should it be found necessary for the Bidder to move one or more loads
of Bidder's Equipment, machinery or pre-constructed units or part of
units of works over part of a highway, railway or bridge, the moving
whereof is likely to damage any highway, railway or bridge unless
special protection or strengthening is carried out, then the Bidder shall
before moving the load on to such highway, railway or bridge give
notice to the appropriate authority of the load to be moved and obtain
the required approval of the said authorities for its proposals for
protecting or strengthening the said highway, railway or bridge. The
Bidder shall be responsible for the cost and expenses of any necessary
work for the protection or strengthening the said highway, railway or
bridge.

30.4.2 Access routes

The Bidder shall be deemed to have been satisfied as to the safety, suitability and
availability of access routes up to the Project Site. Without prejudice to the generality
of the foregoing:

[Link] BMTC shall not be responsible for any claims which may arise from
the use or otherwise of any access route to, from and over the Project
Site;

[Link] BMTC does not guarantee the suitability or availability of particular

access routes and all costs due to non- suitability or non-availability, for
the use required by the Bidder, of access routes shall (as between the
Parties) be borne by the Bidder;

[Link] the Bidder shall provide such signs or directions along access routes
to, from and over the Project Site as required by the Contract and shall
obtain any permission which may be required for the provision of such
signs and directions.

30.4.3 Bidder not to interfere

All operations necessary for the Execution of the Works or any part thereof shall, so
far as compliance with the requirements of the Contract permits, be carried on so as
not to interfere unnecessarily or improperly with any or with the convenience of the
public, or the access to, use and occupation of public or private roads or footpaths or
any properties (adjoining the Project Site or otherwise) whether in the possession of
BMTC or of any other person.

30.4.4 Waterborne traffic

Where the nature of the Works is such as to require the use by the Bidder of
waterborne transport the forgoing provisions of this Clause 30.4 shall be construed as
though "road" included a lock, dock, sea wall or other structure related to a waterway
and "vehicle" included craft, and shall have effect accordingly.

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30.5 Care of the Works, Liability for Accidents and Damage

30.5.1 Bidder to take full responsibility for care of the Works

[Link] The Bidder shall bear full risk in and take full responsibility for the
care of the Works and Equipment (and, without limitation for the care
of any works carried out on the Project Site by other bidders) from the
Commencement Date until [14 (fourteen)] days after the date of issue
of the Completion Certificate, when such responsibility for the care of
the Works and Equipment shall pass to BMTC as instructed to the
Bidder by the BMTC.

Provided that the Bidder shall take full responsibility for (i) the care of
any outstanding Works and Equipment for incorporation therein
which it undertakes to finish during the Warranty Period until such
outstanding Works have been completed pursuant to the Contract and
for (ii) the care of the Works or any part thereof which may require
repair or remedy during the Warranty Period and for any part of the
Works affected thereby, for the period that such Works are under
repair or remedy by the Bidder.

30.5.2 Responsibility to rectify loss or damage

[Link] If any loss or damage happens or occurs to the Works or any part
thereof, or to any Equipment during the period for which the Bidder is
responsible for their care the Bidder shall rectify the loss or damage at
the Bidder's risk and cost, so that the Works and Equipment conform
in every respect with the provisions of the Contract and are to the
satisfaction of the BMTC.

30.5.3 Damage to persons and property

The Bidder indemnifies and keeps indemnified BMTC against all losses and claims for
death, injuries or damage to any person or any property whatsoever which may arise
out of or in consequence of the Execution of the Works and the remedying of any
defects therein and against all claims demands, proceedings, damages, costs, charges
and expenses whatsoever in respect thereof or in relation thereto.

30.6 Clearance of the Project Site

On Completion of the Works, the Bidder shall clear away and remove from the
Project Site all equipment’s, surplus materials, rubbish and temporary works of every
kind and leave the whole of the Project Site and the Works clean and in a
workmanship condition, tidy and in an aesthetically pleasing appearance to the
satisfaction of BMTC. The Bidder shall, unless otherwise instructed in writing by BMTC,
remove all signs of temporary construction facilities such as haul roads, work
areas, structures,

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foundations of temporary works, stockpiles of excess or waste materials and other

vestiges of construction prior to the issue of the Completion Certificate.

30.7 Penalty for Delayed Services / Late Delivery

If the bidder fails to supply, install and commission the instruments as mentioned in
the tender or perform unsuccessful operation during five years, as mentioned in the
work order within due date, the bidder is liable to pay 0.5 % of order value per week
of delay subject to a maximum of 5 % beyond due date. Such money will be deducted
from security deposit or from amount due to the bidder after due notification to the
bidder. The BMTC reserves the right to cancel the order in case of excessive delay.

30.8 Suspension of Works

BMTC reserves the right to suspend and re-instate the Execution of the whole or any
part of the Works or the delivery of any Equipment, without invalidating the provisions
of the Contract. The order for suspension or re- instatement shall be issued by the BMTC
to the Bidder in writing vide a suspension order and the same shall be binding on the
Bidder. The Bidder shall during any suspension, properly protect and secure the Works
and the goods and Equipment’s and shall not remove any goods or Equipment’s from
the Project Site without the prior consent of the BMTC and the Bidder shall take all
reasonable measures to minimize the costs and losses of the suspension to BMTC. The
Bidder shall undertake any necessary action instructed by the BMTC to remedy the
circumstances that led to the suspension and the Bidder shall notify the BMTC
immediately upon completing such action. Upon resumption of the Works, the Bidder
shall immediately undertake an examination of the affected parts of the Works and
shall make good any deterioration or defect in or loss of the Works, the Equipment or
any part thereof that may have occurred during the suspension. The Time for
Completion of the Works shall not be extended if the issue such a suspension order
was due in any way to the act, default, omission or breach by the Bidder.

31. FORCE MAJEURE

31.1 Force Majeure - Obligations of the Parties

31.1.1 “Force Majeure” shall mean any event beyond the control of BMTC or of the Bidder, as
the case may be, and which is unavoidable notwithstanding the reasonable care of the
party affected, and which could not have been prevented by exercise of reasonable
skill and care and good industry practices and shall include, without limitation, the
following:

(i) War, hostilities, invasion, act of foreign enemy and civil war;
(ii) Rebellion, revolution, insurrection, mutiny, conspiracy, riot, civil commotion
and terrorist acts;

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(iii) Strike, sabotage, unlawful lockout, epidemics, quarantine and plague;

(iv) Earthquake, fire, flood or cyclone, or other natural disaster.

As soon as reasonably practicable but no more than 48 (forty-eight) hours following

the date of commencement of any event of Force Majeure, an Affected Party shall
notify the other Party of the event of Force Majeure setting out the date, nature,
extent, proof and the damage cause by the Force Majeure event.

31.1.2 Political Events

a) Change in Law, other than any Change in Law for which relief is provided under the
Service Level Agreement;
b) expropriation or compulsory acquisition by the BMTC any material assets or rights of the
bidder;
c) unlawful or unauthorized revocation of, or refusal by BMTC or any of its agencies to
renew or grant any clearance or Consents required by the bidder to perform its
obligations without valid cause, provided that such delay, modification, denial, refusal or
revocation did not result from the bidder’s inability or failure to comply with any
condition relating to grant, maintenance or renewal of such Required Consents applied
on a non-discriminatory basis;
d) any judgment or order of any court of competent jurisdiction or statutory authority in
India made against the bidder in any proceedings for reasons other than failure of the
bidder to comply with Applicable Laws or Required Consents or on account of breach
thereof, or of any contract, or enforcement of the Service Level Agreement or exercise
of any of its rights under the Service Level Agreement;
e) expropriation or compulsory acquisition by the BMTC or any of their nominated
agencies of any material assets or rights of the bidder;
f) unlawful or unauthorized revocation of, or refusal by any authority other than the
BMTC to renew or grant any Required Consents required by the bidder to perform its
obligations without valid cause, provided that such delay, modification, denial, refusal or
revocation did not result from the bidder’s inability or failure to comply with any
condition relating to grant, maintenance or renewal of such Required Consents applied
on a non-discriminatory basis;
g) any requisition of the Project by any other authority; or
h) any requisition of the Project by the BMTC;
i) For the avoidance of doubt, suspension of the Project in accordance with the
provisions of the Service Level Agreement shall not be considered a requisition for the
purposes of Force Majeure event.
j) For the avoidance of doubt, it is expressly clarified that the failure on the part of the
bidder under the Service Level Agreement to implement any disaster contingency
planning and back-up and other data safeguards in accordance with the terms of the
Service Level Agreement against natural disaster, fire, sabotage or other similar
occurrence shall not be deemed to be a Force Majeure event. For the avoidance of
doubt, it is further clarified that any negligence in performance of Services which
directly causes any breach of security like hacking aren’t the forces of nature and hence
wouldn’t be qualified under the definition of “Force Majeure”. In so far as applicable
to the performance of Services, the bidder shall be solely responsible to complete the
risk assessment and ensure implementation of adequate security hygiene, best
practices, processes and technology to prevent any breach of security and any
resulting liability therefrom (wherever applicable).
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31.2 Meetings with BMTC

As soon as reasonably practicable and in any case within [5 (five)] days of notification
by the Affected Party in accordance with the preceding Clause 31.1, the Parties shall
along with BMTC and others, meet and hold discussions and where necessary
conduct physical inspection and/or survey of the Works to assess the impact and
formulate mitigation measures for the Force Majeure Event.

31.3 Performance obligations

31.3.1 If the Affected Party is rendered wholly or partially unable to perform any of its
obligations under the Contract because of an event of Force Majeure, it shall be
excused from performance of such obligations to the extent it is unable to perform
provided that in case the Affected Party is the Bidder, the Bidder shall be entitled to
an extension of time.

31.3.2 When the Affected Party is able to resume performance of its obligations under the
Contract, it shall give to the other Party written notice to that effect forthwith and
shall promptly resume performance of its obligations hereunder.

31.3.3 The Affected Party shall continue to perform such of its obligations which are not
affected by the event of Force Majeure and which are capable of being performed in
accordance with the Contract.

31.4 Liability for other losses, damages etc.

Save and except as expressly provided in this Clause 31 neither Party hereto shall be
liable in any manner whatsoever to the other Party in respect of any loss, damage,
cost, expense, claims, demands and proceedings relating to or arising out of
occurrence or existence of any event of Force Majeure.

31.5 Exceptions to Force Majeure

None of the following events shall be construed to relieve any Party of its obligations
hereunder by reason of Clause 31:

(i) any changes in market conditions including without limitation changes that
affect the supply prices of the Goods;

(ii) commercial impracticability or hardship;

(iii) a Party’s lack of funds.

32. DISPUTE RESOLUTION PROCEDURE

32.1 Amicable Resolution and Mediation

32.1.1 Save where expressly stated to the contrary in the Contract, any dispute, difference or

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controversy of whatever nature between the Parties, howsoever arising under, out of
or in relation to the Contract including disputes, if any, with regard to any acts,
decision or opinion of BMTC and so notified in writing by either Party to the other (the
“Dispute”) shall in the first instance be attempted to be resolved amicably in
accordance with the procedure set out in Clause 32.1.2 below.

32.1.2 Either Party may require such Dispute to be referred to a person nominated by each
Party, for amicable settlement. Upon such reference, the two shall meet at the earliest
mutual convenience and in any event within [15 (fifteen)] days of such reference to
discuss and attempt to amicably resolve the Dispute.

32.1.3 In the event that the Dispute in question is not resolved amicably within 15 (fifteen)
days of such meeting between the Parties in accordance with Clause 32.1.2 either
Party may refer the Dispute to arbitration in accordance with Clause 32.2.

32.2 Arbitration Procedure

Save where expressly stated to the contrary in the Contract, any Dispute shall be
finally settled by binding arbitration under the Arbitration and Conciliation Act 1996
Act and in accordance with the UNICTRAL rules (the “Arbitration Rules”) by three
arbitrators appointed in accordance with the Arbitration Rules.

32.3 Place of Arbitration

The place of arbitration shall be Bengaluru only.

32.4 English Language

The request for arbitration, the answer to the request, the terms of reference, any
written submissions, any orders and awards shall be in English and, if oral hearings
take place, English shall be the language to be used in the hearings.

32.5 Enforcement of Award

The Parties agree that the decision or award resulting from arbitration shall be final
and binding upon the Parties and shall be enforceable in accordance with the
provisions of the Arbitration and Conciliation Act.

32.6 Performance during Arbitration

Pending the submission of and/or decision on a Dispute and until the arbitral award
is published, the Parties shall continue to perform their respective obligations under
the Contract without prejudice to a final adjustment in accordance with such award.

33. REPRESENTATIONS AND WARRANTIES, DISCLAIMER

33.1 Representations and Warranties of the Bidder

The Bidder represents and warrants to BMTC that:

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33.1.1 it is duly organized, validly existing and in good standing under the laws of
incorporation of companies in India or in the country of its incorporation;

33.1.2 it has full power and authority to execute, deliver and perform its obligations under
the Contract and to carry out the transactions contemplated hereby;

33.1.3 it has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the Execution, delivery and performance of
the Contract;

33.1.4 it has the financial standing and capacity to Execute the Works;

33.1.5 the Contract constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof;

33.1.6 it is subject to the Applicable Laws with respect to the Contract and it hereby
expressly and irrevocably waives any immunity in any jurisdiction in respect thereof;

33.1.7 it has complied with all Applicable Laws and has not been subject to any fines,
penalties, injunctive relief or any other civil or criminal liabilities which in the
aggregate have or may have Material Adverse Effect upon the Works;

33.1.8 no representation or warranty by the Bidder contained herein or in any other

document furnished by it to BMTC in relation to Applicable Clearances contains or
will contain any untrue statement of material fact or omits or will omit to state a
material fact necessary to make such representation or warranty not misleading; and

33.1.9 no bribe or illegal gratification has been paid or will be paid in cash or kind by or on
behalf of the Bidder to any person to procure the Contract or any other benefit under
the Contract to procure other Contracts in relation to which the Bidder may be a party
in relation to the Project.

33.1.10 without prejudice to any express provision contained in the Contract, the Bidder
acknowledges that prior to the execution of the Contract, the Bidder has after a
complete and careful examination made an independent evaluation of the Project
Site, the Technical Conditions of Contract and any information provided by or on
behalf of BMTC and has made an inspection of the Project Site and has determined to
its satisfaction the nature and extent of risks and hazards as are likely to arise or may
be faced by the Bidder in the course of performance of its obligations hereunder.

34. TERMINATION

34.1 Termination

34.1.1 Subject to the other provisions of the Contract, BMTC shall have the right to serve a
notice of termination of the Contract on the Bidder and

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forthwith terminate the Contract without prejudice to any of its other rights and
remedies against the Bidder and without being liable to pay any loss or compensation
if:

(i) if any distress or execution is levied upon any of the assets of the Bidder;

(ii) at any time during the currency of the Contract there is a change in the
effective control of the Bidder as at the date of the Contract;

(iii) the Bidder fails to complete, test and commission the Bidder’s Works/ Project
Facility within the Time for Completion or commits any other
violation/breach of the terms and conditions of the Contract which is not
rectified within [14 (fourteen)] days of the date of receipt of notice from
BMTC in this regard.

(iv) any of the following events occurs:

(a) the passing of a resolution by the shareholders of the Bidder for the
winding up of the Bidder;

(b) the appointment of a liquidator in a proceeding for the winding up of

the Bidder or the Bidder entering into a compromise with its creditors;
or

(c) the making by the court of an order winding up the Bidder,

(d) The Bidder either:

(i) appoints a Subbidder without the prior approval of BMTC, or

terminates any of the Subbidder; or

(ii) having terminated any of the Subcontracts with the consent of

BMTC, appoints a replacement Sub-Bidder without the prior
approval of BMTC.

(e) the Bidder without the consent of BMTC assigns or transfers all or any of
its rights or obligations under the Contract;

(f) the Bidder repudiates the Contract or otherwise evidences an intention

not to be bound by the Contract; or

(g) the expropriation, confiscation, compulsory acquisition of the Project

Facility;

(h) if the Bidder or any of its servants or agents commit or suffer to be

committed or omit or suffer to be omitted any act, deed, matter or

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thing which in the opinion of BMTC whose decision (without an

obligation to give reasons therefor) in this regard will be final, is
prejudicial to the interests or reputation of BMTC.

(i) the Bidder offers, gives or promises any payment directly or indirectly
to any government, political party, or official thereof, or any candidate
for political office, or to BMTC in order to influence any substantive
decision of, or induce any party or person to use its influence to offset
any substantive decision of any Relevant Authority or Statutory
Authority or BMTC in regard to any aspect of the Contract;

(j) the Bidder makes any warranty or representation in or in accordance

with the Contract which was materially incorrect when made so as to
materially affect BMTC interests; or

(k) in the event that the Bidder’s liability for Liquidated Damages reaches
the cap on such damages as set out in this Annexure and the
Completion Certificate for the whole of the Works has not been issued;
or

(l) fails to provide, maintain or renew and/or comply with its obligations
in relation to the Performance Security; or

(v) the Bidder has, without valid reason and BMTC consent, failed to commence the
Works promptly, or fails to progress the Works regularly and/or diligently or

(vi) the Bidder has failed to adhere to the Technical Conditions of Contract and in
the reasonable estimation of the BMTC, such failure is likely to mean that
Completion of the Works is likely to be delayed beyond the relevant Time for
Completion; or

(vii) the Bidder's personnel is/are incompetent, have acted in a manner prejudicial
to BMTC best interest or have failed to comply with BMTC health, safety,
environment or other rules or regulations and procedures; or

(viii) the Bidder has failed to achieve two Milestones consecutively.

34.2 Termination Procedure

34.2.1 A notice of termination given pursuant to this Clause 34 (each a “Preliminary

Termination Notice”) shall specify in reasonable detail the circumstances giving rise
to the Preliminary Termination Notice. If, within [21 (twenty one)] days following the
service by BMTC of a Preliminary Termination Notice, the Bidder pays all sums which
are due and payable to BMTC or remedies the breach to the satisfaction of BMTC
existing as at the date of the Preliminary Termination Notice then such Preliminary

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Termination Notice shall be revoked and all existing rights of termination in favour
of BMTC under the Contract shall terminate and the Bidder shall continue to
perform its obligations under the Contract in a diligent and proper manner.

34.2.2 Within the period of [21 (twenty one)] days following the receipt of the Preliminary
Termination Notice by the Bidder and unless the Parties shall have otherwise agreed
or the circumstances giving rise to the Preliminary Termination Notice shall have
ceased to exist or shall have not been remedied, BMTC may terminate the Contract
by giving written notice (a “Termination Notice”) to the Bidder and the Contract shall
terminate on the date mentioned in the Termination Notice (“Termination Date”).

34.2.3 The termination of the Contract by BMTC for reasons other than breach can be made by
a written notice to the Bidder and nothing herein will obligate BMTC to terminate the
Contract or be liable for any exercising its right of termination and BMTC may pursue
all remedies available in law instead of termination.

34.3 Upon Termination

34.3.1 Upon Termination for any reason whatsoever, the Bidder shall to the extent instructed
by the BMTC:

(i) cease all further work as instructed by the BMTC in the Termination Notice
and the Bidder shall carry out works for the sole purpose of securing, preserving
and protecting that part of the Works already Executed and any work required
to leave the Project Site and the Works in a clean and safe condition;

(ii) repatriate the Bidder's and Subbidders personnel from any part of the Project
Site and the Works;

(iii) deliver to BMTC the Works Executed by the Bidder as at the Termination
Date;

(iv) ensure that it and those it is contractually or otherwise responsible for, vacate
the Project Site;

(v) promptly and in an orderly manner deliver to BMTC all documents relating to
the Works which are for the time being under the control of the Bidder;

34.3.2 Without prejudice to Clause 34.3.1 upon Termination:

(i) BMTC may enter the Project Site and the Works thereof and expel the Bidder
therefrom and BMTC may complete the Works itself or by employing any
third party;

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(ii) BMTC may, to the exclusion of any right of the Bidder over the same, take over
and have free use, without payment to the Bidder, of any Bidder's Equipment
and temporary works of which have been delivered to the Project Site for such
period as the BMTC considers necessary for the Execution of the Works, without
being responsible to the Bidder for fair wear and tear thereof and to the
exclusion of any right of the Bidder over the same.

(iii) BMTC may at any time sell any of the said Bidder's Equipment, temporary
works and any unused materials and apply the proceeds of sale in or towards
for satisfaction of any sums due or which may become due to it from the
Bidder under the Contract; and

(iv) BMTC shall have the power and authority to prohibit the Bidder and any
person claiming through or under the Bidder from entering the Project Site.

34.3.3 Depending on the event of default, Performance Guarantee furnished by bidder may
be forfeited and any payment due to the bidder may be withheld for deduction of any
applicable penalties and / or calculated liquidated damages to the BMTC due to
default on the part of the bidder.

34.3.4 In the event that BMTC terminates the contract which is not due to default on the
part of the bidder, the compensation shall be decided by BMTC and mutually agreed
as below: -

(i) If the contract is terminated at the Implementation Phase (on or before Go-
Live / commissioning), bidder shall be asked to remove any temporary works
and tools etc. which are not part of the project deliverable and BMTC shall not
pay anything additional to what has been paid already / due to be paid for
the completed works, subject to adjustment of any liquidated damages,
penalty charges as per Service Level Agreement or charges for non-
compliances or any kind of loss to BMTC. Any payment already made by the
BMTC for which the services / products are not provided / delivered /
returned, the sum shall be recovered from the Performance Bank Guarantee
and / or BMTC shall ask the bidder to refund any such payment promptly, no
later than [21 (twenty-one)] days following the receipt of the notice from the
BMTC in this regard.

(ii) If the contract is terminated post Commissioning of the project (in O&M
Phase), the BMTC shall ask the bidder to leave all the hardware, equipment
and software applications etc. as per terms defined in this tender document.
Bidder shall be required to adhere to the same. The bidder shall be paid on pro-
rate basis for the respective period for which payment is due, subject to
adjustment of any liquidated damages, penalty charges as per Service Level
Agreement or charges for non-compliances or any kind of loss to BMTC.

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34.3.5 BMTC, on receipt of a written application for reimbursement, on approval if deemed

appropriate, agrees to pay bidder for

(i) All charges for Services bidder provides during Exit Management at actuals
and any Deliverables and/or system (or part thereof) bidder delivers during
Exit Management, and

(ii) Reimbursable expenses bidder incurs during Exit Management at actuals. If

BMTC terminates without cause, BMTC also agrees to pay any applicable
adjustment expenses bidder incurs as a result of such termination (which bidder
shall take reasonable steps to mitigate). The reimbursement shall be made for
only those expenses for which original bill is produced, and only for the
expense incurred by bidder and shall be paid at actuals. BMTC shall not pay any
kind of interest.

34.3.6 BMTC shall not be liable to pay any compensation in case of cancellation of Contract.

34.3.7 Upon the expiration or termination of the contract for any reason, the provisions of
the agreement clauses like CONFIDENTIALITY, LIABILITY AND INDEMNITY, and
GOVERNING LAW AND JURISDICTION, DISPUTE RESOLUTION PROCEDURE
will survive indefinitely.

34.4 Termination of the Service Level Agreement due to bankruptcy of bidder:

In addition to all other rights or remedies provided for in Service Level Agreement
or by law, BMTC may terminate the Service Level Agreement in whole, but not in
part, in the event that:
a) The other Party makes a composition with or assignment for the benefit of
creditors;
b) The other Party becomes or is unable to pay debts as they fall due;
c) A trustee, liquidator, administrator or receiver (including an
administrative receiver) or similar official is appointed with respect to the
other Party or any substantial part of such Party’s assets;
d) Any action is taken by or against the other Party under any bankruptcy or
insolvency laws or laws relating to the relief of debtors; or
e) The other Party is the subject of a winding-up petition which is not
dismissed within five business days, or a resolution is passed for its
winding-up.

35. MISCELLANEOUS

35.1 Assignment and Charges

35.1.1 Subject to Clauses 35.1, neither Party shall assign the Contract or the rights, benefits
and obligations hereunder save and except with prior consent of the other Party.

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35.1.2 The Bidder shall not create nor permit to subsist any Encumbrance over or otherwise
transfer or dispose of all or any of its rights and benefits under the Contract except
with prior consent in writing of BMTC, which consent shall not be unreasonably
withheld.

35.2 Interest

Any sum which becomes payable under any of the provisions of the Contract by one
Party to the other Party shall, if the same be not paid within the time allowed for
payment thereof, shall be deemed to be a debt owed by the Party responsible for
payment thereof to the Party entitled to receive the same. Such sum shall until
payment thereof carry the Default Interest Rate from the due date for payment
thereof until the same is paid to or otherwise realized by the Party entitled to the
same.

35.3 Governing Law and Jurisdiction

The Contract shall be governed by the laws of India. In respect of all matters arising
out of or relating to the Contract, the Courts at Bengaluru, India shall have the
jurisdiction to decide the matter.

35.4 Waiver

35.4.1 Waiver by either Party of any default by the other Party in the observance and
performance of any provision of or obligations under the Contract:

(i) shall not operate or be construed as a waiver of any other or subsequent

default hereof or of other provisions or obligations under the Contract;
(ii) shall not be effective unless it is in writing and executed by a duly authorized
representative of such Party; and
(iii) shall not affect the validity or enforceability of the Contract in any manner.

35.4.2 Neither the failure by either Party to insist on any occasion upon the performance of
the terms, conditions and provisions of the Contract or any obligation hereunder nor
time or other indulgence granted by a Party to the other Party shall be treated or
deemed as waiver/breach of any terms, conditions or provisions of the Contract.

35.5 Survival

Termination or expiry of the Contract (i) shall not relieve the Bidder of any obligations
already incurred hereunder which expressly or by implication survives termination
hereof, and (ii) except as otherwise provided in any provision of the Contract
expressly limiting the liability of either Party, shall not relieve either Party of any
obligations or liabilities for loss or damage to the other Party arising out of or caused
by acts or omissions of such Party prior to the effectiveness of such termination or
arising out of such termination.

35.6 Amendments

The Contract constitutes a complete and exclusive understanding of the terms of the

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Contract between the Parties on the subject hereof and no amendment or

modification hereto shall be valid and effective unless agreed to by all the Parties
hereto and evidenced in writing.

35.7 Severability

If for any reason whatsoever any provision of the Contract is or becomes invalid,
illegal or unenforceable or is declared by any court of competent jurisdiction or any
other instrumentality to be invalid, illegal or unenforceable, the validity, legality or
enforceability of the remaining provisions shall not be affected in any manner, and the
Parties shall negotiate in good faith with a view to agreeing upon one or more
provisions which may be substituted for such invalid, unenforceable or illegal
provisions, as nearly as is practicable. Provided failure to agree upon any such
provisions shall not be subject to dispute resolution under this Contract or otherwise.

No failure to exercise or enforce and no delay in exercising or enforcing on the part of

either Party to the Service Level Agreement of any right, remedy or provision of the
Service Level Agreement shall operate as a waiver of such right, remedy or provision
in any future application nor shall any single or partial exercise or enforcement of
any right, remedy or provision preclude any other or further exercise or enforcement
of such right, remedy or provision or the exercise or enforcement of any other right,
remedy or provision.

35.8 No Partnership

Nothing contained in the Contract shall be construed or interpreted as constituting a

partnership between the Parties. Neither Party shall have any authority to bind the
other in any manner whatsoever. The Contract shall be construed to have been
entered on a principal to principal basis.

35.9 Entire Agreement

The Contract constitutes the entire agreement between the Parties and supersedes all
prior negotiations, commitments, representations, communications and agreements
relating to the Contract either oral or in writing except to the extent they are expressly
incorporated herein. The Bidder confirms that it has not relied upon any
representation inducing it to enter into the Contract (whether or not such
representation has been incorporated as a term of the Contract) and agrees to waive
any right which it might otherwise have to bring any action in respect of such
representation. The Bidder further confirms that there is not in existence at the date
of the Contract any collateral contract or warranty of which the Bidder is the
beneficiary which might impose upon BMTC obligations which are in addition to or
vary the obligations expressly contained in the Contract and which relate in any way
to the subject matter of the Contract. The Bidder's only rights arising out of, or in
connection with, any act, matter or thing said, written or done, or omitted to be said,
written or done, by or on behalf of BMTC (or any agent, employee or sub bidder of
BMTC in negotiations leading up to the Contract or in the performance or purported
performance of the Contract or otherwise in relation to the Contract are the rights
to enforce the express obligations of BMTC

Page 141 of 174

Annexure-IX: General Conditions of Contract BMTC

contained in the Contract and to bring an action for breach thereof. Nothing in this
Clause 35.9 is intended to exclude liability of the Bidder for fraud or fraudulent
misrepresentation.

35.10 Liability and Indemnity

35.10.1 The Bidder shall indemnify, defend and hold BMTC harmless against any and all
proceedings, actions and third party claims arising out of a breach or omission or
non- performance by the Bidder of any of its obligations under the Contract except to
the extent that any such claim has arisen due to breach by BMTC of any of its
obligations under the Contract.

35.10.2 In the event that either Party receives a claim from a third party in respect of which it
is entitled to the benefit of an indemnity under the Contract (the “Indemnified Party”)
it shall notify the other Party (“Indemnifying Party”) within [7 (seven)] days of receipt
of the claim and shall not settle or pay the claim without the prior approval of the
Indemnifying Party, provided that, such approval shall not be unreasonably
withheld or delayed. In the event that the Indemnifying Party wishes to contest or
dispute the claim it may conduct the proceedings in the name of the Indemnified
Party subject to the Indemnified Party being secured against any costs involved to its
reasonable satisfaction.

35.10.3 The Indemnified Party shall have the right, but not the obligation, to contest, defend
and litigate any claim, action, suit or proceeding by any third party alleged or asserted
against such party in respect of, resulting from, related to or arising out of any matter
for which it is entitled to be indemnified hereunder and their reasonable costs and
expenses shall be indemnified by the Indemnifying Party. If the Indemnifying Party
acknowledges in writing its obligation to indemnify the person indemnified in
respect of loss to the full extent provided by this Clause 35.10, the Indemnifying Party
shall be entitled, at its option, to assume and control the defence of such claim, action,
suit or other proceedings, liabilities, payments and obligations at its expense and
through counsel of its choice provided it gives prompt notice of its intention to do so
to the Indemnified Party and reimburses the Indemnified Party for the reasonable cost
and expenses incurred by the Indemnified Party prior to the assumption by the
Indemnifying Party of such defence. The Indemnifying Party shall not be entitled to
settle or compromise any claim, action, suit or proceeding without the prior written
consent of the Indemnified Party unless the Indemnifying Party provides such
security to the Indemnified Party as shall be reasonably required by the Indemnified
Party to secure, the loss to be indemnified hereunder to the extent so compromised or
settled.

The limitation described above will not apply to (i) Bidder’s obligations under
Confidentiality or Infringement Indemnity (ii) BMTC’s obligations under
Confidentiality or Infringement Indemnity or (iii) BMTC’s non-performance of its
payment obligations for Services provided or for termination or related charges
pursuant to Service Level Agreement.

Page 142 of 174

Form a) Letter for Submission of Technical Proposal BMTC

Form a) Letter for Submission of Technical Proposal

[To be executed on the Letter Head of the Bidder]
(To be scanned and uploaded)
[Location, Date]

To: BMTC,
………………………………….
………………………………….

Dear Sir,

We, the undersigned, offer our bid in response to your Tender No. …………. dated ................... We
are hereby uploading our Bid, which includes this Technical Bid and a Financial Bid. Our Bid is
valid for a period of 120 days from the last date of Submission of Bids, extendable for additional
60 days, on request by BMTC, without any additional cost.

We hereby declare that all the information and statements made in this Bid is true and complete
in all respects and is as per the guidelines laid down in the tender document. We further
understand that any information which is found false or is not as per the guidelines and terms &
conditions of the tender document may lead to our disqualification.

We hereby declare that our Technical Bid contains Earnest Money Deposit of Indian Rupees
10,00,000 /- Only (Rs. Ten Lakhs Only).

We undertake that if our Bid is accepted, we will be committed to execute & complete the scope
of work as per the agreed terms and conditions.

If negotiations are held during the period of validity of the Bid, we undertake that our Bid will be
binding upon us and will be subject to the modifications resulting from Contract negotiations.
However, the Bid validity continues to be 120 days & is extendable for additional 60 days, on
request by BMTC, without any additional cost.

We understand that BMTC are not bound to accept any Proposal that it receives from us.

Yours sincerely,

Authorized Signature [In full]:

Authorized Signature [In initials]:

Name and Title of Signatory:

Name of Firm:

Address: .

[Note 1: Authorized person signing shall attach to this document a proof of authorization for signing on
behalf of the Bidder Company

Note 2: To be signed in blue ink]

Page 143 of 174

Form b) Letter of Undertaking BMTC

Form b) Letter of Undertaking

[On the letterhead of the Bidder]

(To be scanned and uploaded)

LETTER OF UNDERTAKING

Date:

To: BMTC
………………………………………..
………………………………………..

Re: Tender No. ……………

We acknowledge that the documents for Tender No.....................................................................................

issued to us are confidential and we hereby undertake and agree as follows:

1. “Confidential Information” means the Tender documents and everything contained therein,
all documentation, data, particulars of the works and technical or commercial information
made by (or on behalf of) BMTC or obtained directly or indirectly from BMTC or its
representatives by us or which is generated by us or any information or data that we receive or
have access to, as a result of the Tender, as being confidential information of BMTC, provided
that such term does not include information that (a) was publicly known or otherwise known to
us prior to the time of such disclosure, (b) subsequently becomes publicly known through no
act or omission by us or any person acting on our behalf.

2. We shall maintain the confidentiality of Confidential Information in accordance with

procedures adopted by us in good faith to protect confidential information of third parties
delivered to us, provided that we may deliver or disclose Confidential Information to our
authorized representatives who agree to hold confidential the Confidential Information
substantially in accordance with the terms of this Undertaking.

3. We shall not at any time whatsoever:

i Disclose, in whole or in part, any Confidential Information received directly or

indirectly from the BMTC to any third party.

ii Reproduce, publish, transmit, translate, modify, compile or otherwise transfer the

Confidential Information.

4. In case our bid is not accepted and immediately upon the acceptance of the bid of any of the
other Bidder, we shall:

i Return all Confidential Information including without limitation, all originals, copies,
reproductions and summaries of Confidential Information; and

ii Destroy all copies of Confidential Information in our possession, power or control,

which are present on magnetic media, optical disk or other storage device, in a manner
that ensures that the Confidential Information is rendered unrecoverable.

5. We shall certify to BMTC that we have returned or destroyed such Confidential Information to
BMTC within two (2) days of such a request being made by BMTC.

Name of Bidder Signature of Authorized Representative

Page 144 of 174

Form c) Earnest Money Deposit as Bank Guarantee Format BMTC

Form c) Deleted

Page 145 of 174

Form d) Power of Attorney Format BMTC

Form d) A: Format for Power of Attorney to appoint and authorized Attorney

(To be submitted on a Stamp Paper of relevant value)

Power of Attorney

Know all men by these presents, we (name and

address of the registered office) do hereby constitute, appoint and authorize Mr. / Ms.
(name and residential address) who is presently employed with us and
holding the position of as our attorney, to do in our name
and on our behalf, all such acts, deeds and things necessary in connection with or incidental to our bid for
the Project envisaging “Supply, Installation & Commissioning of Inspection Equipment and Operation
of Automated Vehicle Fitness Testing Station (ATS) at Jadigenahalli (Bengaluru) in Karnataka State”,
(the “Project”) including signing and submission of all documents and providing information / responses
to Bangalore Metropolitan Transport Corporation, Government of Karnataka (BMTC) representing us in all
matters before BMTC, and generally dealing with BMTC in all matters in connection with our bid for the
said Project.

We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall and shall always
be deemed to have been done by us.

For

(Signature)

(Name, Title and Address)

Accepted

(Signature)

(Name, Title and Address of the Attorney)

Note:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required the same should be under common seal affixed in accordance with the required
procedure.
 In case the Application is signed by a Partner / authorised Director of the Applicant, a certified
copy of the appropriate resolution / document conveying such authority may be enclosed in lieu
of the Power of Attorney.

Page 146 of 174

Form d) Power of Attorney Format BMTC

Form d) B: Format for Power of Attorney to authorize Lead Member of Consortium

(To be submitted on a Stamp Paper of relevant value)

Power of Attorney

Whereas the Bangalore Metropolitan Transport Corporation, Government of Karnataka (BMTC) has invited
applications from eligible bidders for “Supply, Installation & Commissioning of Inspection Equipment
and Operation of Automated Vehicle Fitness Testing Station (ATS) at Jadigenahalli (Bengaluru) in
Karnataka State”, (the “Project”)

Whereas, and (collectively the

“Consortium”) being Members of the Consortium are interested in bidding for the Project in accordance
with the terms and conditions of the Tender Document and other connected documents in respect of the
Project,

AND

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member
with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things
as may be necessary in connection with the Consortium’s bid for the Project and its execution.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS

We, M/s. having our registered office at

,

And M/s. having our registered office at

,
(Hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorize M/s. having its registered office at
,

being one of the Members of the Consortium, as the Lead Bidder and true and lawful attorney of the
Consortium (hereinafter referred to as the “Attorney”).

We hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for and
on behalf of the Consortium and any one of us during the bidding process and, in the event the Consortium
is awarded the contract, during the execution of the Project and in this regard, to do on our behalf and on
behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental
to the pre-qualification of the Consortium and submission of its bid for the Project, including but not limited
to signing and submission of all applications, bids and other documents and writings, participate in bidders
and other conferences, respond to queries, submit information / documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Consortium and generally to represent the
Consortium in all its dealings with the BMTC, and / or any other Government Agency or any person, in all
matters in connection with or relating to or arising out of the Consortium’s bid for the Project and / or upon
award thereof till the Master Service Agreement is entered into with the BMTC.

AND

hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or
caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power
of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby
conferred shall and shall always be deemed to have been done by us / Consortium.

Page 147 of 174

Form d) Power of Attorney Format BMTC

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS DAY OF , 20 .

For
(Signature)
Name & Title

For
(Signature)
Name & Title

Witnesses:
1.
2.

(Executants)
(To be executed by all the Members of the Consortium)

Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, lay down by the applicable law and the charter documents of the executants(s) and when it is
so required, the same should be under common seal affixed in accordance with the required
procedure.

2. Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder

Page 148 of 174

 Form e) Performance Bank Guarantee BMTC

Form e) Performance Bank Guarantee

Proforma for Performance Bank Guarantee

(To be scanned and uploaded)

(To be executed on non-Judicial stamped paper of an appropriate value)

WHEREAS BMTC having its office at .................................................................................... (address) - (hereinafter

referred to as “The Owner” which expression shall unless repugnant to the context includes their legal
representatives, successors and assigns), has executed a contract on [Please insert date of execution of Contract]
(“Contract”) with [insert name of the Successful Bidder].......................................................... (hereinafter referred to
as the “Contractor” which expression shall unless repugnant to the context include its legal representatives,
successors and permitted assigns) for the performance, execution and implementation of the Works (“Works”
shall have the meaning ascribed to it in the Contract] based on the terms & conditions set out in the Tender
Documents number [insert reference number of the Tender Documents] dated [insert date of issue of Tender
Documents] ...................................................................... and various other documents forming part thereof.

AND WHEREAS one of the conditions of the Contract is that the Contractor shall furnish to the Owner a
Bank Guarantee from a Nationalized bank in India having a branch at Bengaluru for an amount equal to Rs.
___________________________) of the total Contract Sum (the amount guaranteed under this bank
guarantee shall hereinafter be referred to as the “Guaranteed Amount”) against due and faithful performance
of the Contract from the post-commissioning stage of the Works under the Contract, including the
performance bank guarantee obligation and other obligations of the Contractor for the supplies made and the
Works being performed and executed by under the Contract. This bank guarantee shall be valid upto
[insert a date which is 6 years and 6 months from the date of signing of contract] from the date
hereof up to the expiry of the Warranty Period and AMC period and six months thereafter.

AND WHEREAS the Contractor has approached [insert the name of the scheduled bank] (hereinafter referred to
as the “Bank”) having its registered office at [insert the address] ……………………………………………………
and at the request of the Contractor and in consideration of the promises made by the Contractor, the Bank
has agreed to give such guarantee as hereunder: -

(i) The Bank hereby undertakes to pay under this guarantee, the Guaranteed Amount claimed by the
Owner without any further proof or conditions and without demur, reservation, contest, recourse
or protest and without any enquiry or notification to the Contractor merely on a demand in the form
set out in Appendix I (“Demand”) from the Owner stating that the amount claimed is due to the
Owner under the Contract. Any such demand made on the Bank by the Owner shall be conclusive
as regards the amount due and payable by the Bank under this bank guarantee and the Bank shall
pay without any deductions or set-offs or counterclaims whatsoever, the total sum claimed by the
Owner in such Demand. The Owner shall have the right to make an unlimited number of Demands
under this bank guarantee provided that the aggregate of all sums paid to the Owner by the Bank
under this bank guarantee shall not exceed the Guaranteed Amount.

(ii) However, the Bank’s liability under this bank guarantee shall be restricted to an amount not
exceeding [figure of Guaranteed Amount to be inserted here]
… ........................................................................................... only).

(iii) The Owner will have the full liberty without reference to the Bank and without affecting the bank
guarantee to postpone for any time or from time to time the exercise of any powers and rights
conferred on the Owner under the Contract and to enforce or to forbear endorsing any powers or
rights or by reasons of time being given to the Contractor which under law relating the Surety would
but for the provisions have the effect of releasing the surety.

(iv) The rights of the Owner to recover the Guaranteed Amount from the Bank in the manner aforesaid
will not be affected or suspended by reasons of the fact that any dispute or disputes have been raised
by the Contractor and / or that any dispute(s) are pending before any office, tribunal or court in
respect of such Guaranteed Amount and/ or the Contract.

Page 150 of 176

Form e) Performance Bank Guarantee BMTC

(v) The guarantee herein contained shall not be affected by the liquidation or winding up, dissolution,
change of constitution or insolvency of the Contractor but shall in all respects and for all purposes
be binding and operative until payment of all money due to the Owner in respect of such liability
or liabilities is effected.

(vi) This bank guarantee shall be governed by and construed in accordance with the laws of the Republic
of India and the parties to this bank guarantee hereby submit to the jurisdiction of the Courts of
Bengaluru for the purposes of settling any disputes or differences which may arise out of or in
connection with this bank guarantee and for the purposes of enforcement under this bank guarantee.

(vii) All capitalized words used but not defined herein shall have the meanings assigned to them under
the Contract.

NOTWITHSTANDING anything stated above, the liability of the Bank under this bank guarantee is
restricted to the Guaranteed Amount and this bank guarantee shall expire on the expiry of the Warranty
Period under the Contract. Unless a Demand under this bank guarantee is filed against the Bank within six
(6) months from the date of expiry of this bank guarantee all the rights of the Owner under this bank
guarantee shall be forfeited and the Bank shall be relieved and discharged from all liabilities hereunder.
However, if the Contractor’s obligations against which this bank guarantee is given, are not completed or
fully performed by the Contractor within the period prescribed under the Contract, the Bank hereby agrees
to further extend the bank guarantee for further periods of six months each till the Contractor fulfills its
obligations under the Contract.

We have the power to issue this bank guarantee in your favour under Memorandum and Article of
Association and the Undersigned has full power to do so under the Power of Attorney dated [date of power
of attorney to be inserted]............................................................................ granted to him by the Bank.

Date:

Bank

Corporate Seal of the Bank

By its constituted Attorney Signature of a person duly authorized to sign on behalf of the Bank.

Page 151 of 174

Form e) Performance Bank Guarantee BMTC

APPENDIX 1

Form of Demand

[To the issuing Bank]

Dear Sir/s,

The Contract between BMTC and [Please insert the name of the Successful Bidder] Bank Guarantee No.
***** (“the Bank Guarantee”).

We refer to the above Contract and Bank Guarantee. Terms defined in the Bank Guarantee shall have
the same meaning when used herein.

In accordance with the terms of the Bank Guarantee, we require payment by you of the sum of Rs.
[*****] (*** Rupees) to the following account:

Account Number: [ ] with [ ] Bank, [ ] Branch, Sort Code [ ].

Yours sincerely,

[Signed by

[]

for and on behalf of

BMTC

Page 152 of 174

Form f) Deviations Suggested BMTC

Form f) Deviations Suggested

(To be scanned and uploaded)

[The Bidder must present and justify here any modification or improvement to the Conditions of Contract
proposed to in the interest of BMTC. Such suggestions should be concise and to the point. In case, the Bidder
does not want to suggest any deviation, this section must contain a statement indicating “No Deviation
Suggested”]

[The Bidder shall use the following template in order to explain the deviations, and fill and include in the current
document as many templates as deviations appear in his offer. The Bidder shall be required to furnish a separate
sheet as per the following template for each deviation suggested.]

Subject Minimum Requirement appearing on the

Equipment Details

[Please copy the requirement on the Equipment Details]

Proposed Specification
[Explain in detail what alternative solution are you proposing]

Reasons for the proposed solution to be superior than initial requirement

[Give clear reasons why you think the proposed solution is better than the Requirement expressed in TCC and
Checklist]

Page 153 of 174

Form g) Detailed Technical Specifications BMTC

Form g) Detailed Technical Specifications

(To be scanned and uploaded)

[The Bidder is requested to fill each chapter of the following form with the detailed description of the
proposed equipment. If required, Bidder may also provide drawings/graphical representations along
with this form. The structure of this document is according to the TCC, and the Bidder shall maintain
the same structure].

Automated Vehicle Fitness Testing Station (ATS)

1. FUNCTIONAL REQUIREMENTS
1.1 General Purpose of the inspection lane
[Please fill, giving details about how the Bidder is responding to all requirements]

1.2 Tests to be Performed

[Please fill]

1.3 Test configuration

1.3.1. Inspection sequence

[Please fill]

1.4 IT Platform
[Please fill]

2. TECHNICAL DESCRIPTION

2.1 Technical specifications

[Please fill]

2.2 Common Equipment

[Please fill]

2.2.1. Air Compressor

[Please fill]

2.2.2. Free Roller Set

[Please fill]

2.2.3. Bogie Roller Set

[Please fill]

2.2.4. Toeing Trolley or Rail Trolley (for front wheel of 3-Wheeled vehicle)
[Please fill]

2.2.5. Calibration Equipment

[Please fill]
Page 154 of 174
Form g) Detailed Technical Specifications BMTC

2.2.6. Automatic Tyre Pressure Filler and Indicator

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
1 Resolution +/- 0.1 bar

± 0.5 % of Full Scale

2 Accuracy
or better
3 Full scale at least 10.6 bar

2.3 Inspection Lane LCV

[Please fill]

2.3.1. Roller Brake Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
1 Maximum load per axle Bidder to specify

2 Maximum measurable brake load at least of 6kN

Difference in left & right braking Bidder to specify
3
efficiency

4 Brake load resolution <= 100N

5 Testing speed 5 km/h ± 1 km/h

6 Minimum Tracking width Bidder to specify
7 Maximum Tracking width Bidder to specify

8 Roller diameter Bidder to specify

9 Roller axle separation Bidder to specify

10 Roller surface - Minimum 0.6
frictional coefficient

11 Roller surface - Service life minimum 25000 hrs

12 Measurement accuracy within ± 100 N

13 Provision for either lifting or To be provided

braking of roller for easy exit of
vehicle

Page 155 of 174

Form g) Detailed Technical Specifications BMTC

2.3.2. Axle Weight Measurement

[Please fill]

Sr.
Specifications Minimum Requirements Bidders Specifications
No.
1 Measuring range 0 –3000 kg
2 Resolution 5 kg
3 Accuracy ± 1% of reading

2.3.3. Suspension Tester

[Please fill]

Sr. No. Specifications Minimum Requirements Bidders Specifications

Maximum load per
1 Bidder to specify
axle
Amplitude of
2 6.5 mm +/- 5 mm
excitation
Minimum Tracking
3 Bidder to specify
width
Maximum Tracking
4 Bidder to specify
width
5 Measurement accuracy ± 1% of wheel load

2.3.4. Side Slip Tester

[Please fill]

Sr.
Specifications Minimum Requirements Bidders Specifications
No.
1 Maximum load per axle Bidder to specify

2 Length of the Track Plate Bidder to specify

3 Width of the Track Plate Bidder to specify

4 Height of the Track Plate Bidder to specify

5 Measuring range ± 20 m/km

6 Measuring resolution 1 m/km
7 Accuracy ±1.0 m/km

Page 156 of 174

Form g) Detailed Technical Specifications BMTC

2.3.5. Joint Play Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
1 Maximum load capacity per axle Bidder to specify
2 Maximum Force per plate at least 6 kN

3 Maximum movement on each side 50 – 80 mm

(Hydraulic)
4 Length of the Test Plate Bidder to specify
5 Width of the Test Plate Bidder to specify

2.3.6. Electronic Steering Gear Play Detector

[Please fill]

Sr. Specifications Minimum Bidders Specifications

No. Requirements
Capable of measuring
1 ± 30°
angular movement up to
Recording mechanism to
2 Bidder to comply
measure wheel movement
against steering movement

± 2% of full-scale
3 Measurement accuracy
deflection

2.3.7. Semi-Automatic Headlight Tester

[Please fill]
Sr. Minimum
Specifications Bidders Specifications
No. Requirements
Light Intensity range measure
1 0-100,000 cd
(min)
Illumination Intensity range
2 0-200 lux
measure

Headlight tester must have

ability to autofocus and
3 500 mm to 1200 mm
should be capable of
measuring headlamp with
their Centres above ground
level

Vertical and horizontal

4 ±50 cm/10 m (±5 %)
measuring range
Maximum deviation of
5 ±5% of reading
intensity
Page 157 of 174
Form g) Detailed Technical Specifications BMTC

Maximum deviation of
6 Inclination measurement ± 0.1%
(vertical orientation)
7 Type of Head light tester Semi-automatic
Measurement (low beam without human
8
pattern) and data transfer intervention

2.3.8. Smoke Meter (Opacimeter)

[Please fill]

Copy of Type Approval & COP Certificate needs to be attached.

2.3.9. Exhaust Gas Analyzer

[Please fill]
Copy of Type Approval & COP Certificate needs to be attached.

2.3.10. Speedometer Tester / Speed Governor Tester

[Please fill]

Sr.
Specifications Minimum Requirements Bidders Specifications
No.
Maximum load capacity
1 Bidder to specify
per axle
2 Minimum Track width Bidder to specify
3 Maximum Track width Bidder to specify
Minimum Roller
4 Bidder to specify
diameter

Minimum Roller axle

5 Bidder to specify
separation
6 Measuring range 20 – 160 km/h
7 Resolution 1 km/h
8 Accuracy ± 1 % of indicated reading

9 Provision for lifting and To be provided

braking of roller for easy
exit of vehicle

2.3.11. Sound Level Meter

[Please fill]

Sr.
Specifications Minimum Requirements Bidders Specifications
No.
1 Recommended as per IEC 60651/ IEC 61672-1
2 Measuring range ≥30dB to ≤120dB

Page 158 of 174

Form g) Detailed Technical Specifications BMTC

3 Frequency A&C

4 Accuracy ± 1.5 dB

5 Mounting Tripod stand mounted

Build battery for power

6 Power source of charging from outlet
of 220V AC & USB
7 Resolution 0.1 dB

2.3.12. OBD Scan Tool

[Please fill]

Sr.
Specifications Bidders Specifications
No.
Compliant to: OBDII/EOBD/HD-
OBD/WWH-OBD Scan-Tool in
1
accordance with SAE J1979, SAE J1939
and ISO 27145
Must support all OBD modes
2

Diagnostics Communication mediums

3 Supported KWP2000 (K-Line, CAN TP2.0
and ISO-CAN), UDS (ISO-CAN)

2.3.13 Test Fingers

[Please fill]

Sr.
Specifications Bidders Specifications
No.

1 IP XXB & IP XXD test fingers

2.3.14 Insulation Tester

[Please fill]

Sr. Minimum Requirements

Specifications Bidders Specifications
No.
upto 1000V DC/AC (45 to
1 Rated measuring voltage
65 Hz)

2 Measuring range 10kΩ to 100MΩ or better

upto 10MΩ ±2% of

3 Accuracy reading & above 10MΩ
±5% of reading

Page 159 of 174

Form g) Detailed Technical Specifications BMTC

2.4 Inspection Lane HCV

2.4.1. Roller Brake Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
Maximum load charge per Bidder to specify
1
axle
Maximum measurable
2 at least 40 kN
brake load
Difference in left & right Bidder to specify
3
braking efficiency
4 Roller Diameter Bidder to specify
5 Roller Separation Bidder to specify
6 Roller Length Bidder to specify
7 0.6
Roller Surface - Minimum
frictional coefficient
8 Roller Surface - Service life minimum 25000 hrs
9 Brake load resolution ≤ 100N
10 Testing speed minimum 2.5 km/h
within ± 2% of
11 Measurement accuracy
measured
value

Provision for lifting and

12 braking of roller for easy exit To be provided
of vehicle

2.4.2. Axle Weight Measurement

[Please fill]

Minimum
Sr. No. Specifications Bidders Specifications
Requirements
0 kg –15000 kg
1 Measuring range

2 Resolution 5 kg
3 Accuracy ± 1% of reading

2.4.3. Side Slip Tester

[Please fill]

Minimum
Sr. No. Specifications Bidders Specifications
Requirements
1 Maximum load per axle Bidder to specify
Page 160 of 176
Form g) Detailed Technical Specifications BMTC

2 Measuring range ± 20 m/km

3 Measuring resolution 1 m/km
4 Accuracy ±1.0m/km
5 Track Plate Length Bidder to specify

6 Track Plate Width Bidder to specify

7 Track Plate Height Bidder to specify

2.4.4. Joint Play Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
Maximum load capacity per
1 Bidder to specify
axle
2 Maximum Force per plate at least 30 kN
Maximum movement on each
3 100 mm (Hydraulic)
side
4 Length of the Test Plate Bidder to specify
Width of the Test Plate
5 Bidder to specify

2.4.5. Electronic Steering Gear Play Detector

[Please fill]

Sr. No. Specifications Minimum Requirements Bidders Specifications

Capable of measuring
1 ± 30°
angular movement up
to
Recording mechanism
2 Bidder to comply
to measure wheel
movement against
steering movement

3 Measurement accuracy ± 2% of full-scale deflection

2.4.6. Semi-Automatic Headlight Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
Light Intensity range measure
1 0-100,000 cd
(min)
Illumination Intensity range
2 0-200 lux
measure
Page 161 of 174
Form g) Detailed Technical Specifications BMTC

Headlight tester must have

3 ability to autofocus and should 500 mm to 1200 mm
be capable of measuring
headlamp with their Centres
above ground level
Vertical and horizontal
4 ±50 cm/10 m (±5 %)
measuring range
Maximum deviation of
5 ±5% of reading
intensity
Maximum deviation of
6 Inclination measurement ± 0.1%
(vertical orientation)
7 Type of Head light tester Semi-automatic
8 Measurement (low beam without human
pattern) and data transfer intervention

2.4.7. Smoke Meter (Opacimeter)

[Please fill]
Copy of Type Approval & COP Certificate needs to be attached.

2.3.8. Exhaust Gas Analyzer

[Please fill]
Copy of Type Approval & COP Certificate needs to be attached.

2.4.9. Speedometer Tester / Speed Governor Tester

[Please fill]

Sr. Minimum
Specifications Bidders Specifications
No. Requirements
Maximum load capacity per
1 Bidder to specify
axle
2 Measuring range 25 – 100 km/h
3 Resolution 1 km/h
± 1 % of indicated
4 Accuracy reading
5 Roller Diameter Bidder to specify

6 Roller axle separation Bidder to specify

7 Minimum Track width Bidder to specify

8 Maximum Track width Bidder to specify

9 Provision for lifting and To be provided

braking of roller for easy exit
of vehicle
Page 162 of 174
Form g) Detailed Technical Specifications BMTC

2.4.10. Sound Level Meter

[Please fill]

Sr.
Specifications Minimum Requirements Bidders Specifications
No.
1 Recommended as per IEC 60651/ IEC 61672-1
2 Measuring range ≤ 30dB to ≥120dB
3 Frequency A&C
4 Accuracy ± 1.5 dB
5 Mounting Tripod stand mounted
Build battery for power
6 Power source of charging from outlet
of 220V AC & USB
7 Resolution 0.1 dB

2.4.11. OBD Scan Tool

[Please fill]

Sr.
Specifications Bidders Specifications
No.
Compliant to: OBDII/EOBD/HD-
OBD/WWH-OBD Scan-Tool in
1
accordance with SAE J1979, SAE J1939
and ISO 27145
Must support all OBD modes
2

Diagnostics Communication mediums

3 Supported KWP2000 (K-Line, CAN TP2.0
and ISO-CAN), UDS (ISO-CAN)

2.4.12 Test Fingers

[Please fill]

Sr.
Specifications Bidders Specifications
No.

1 IP XXB & IP XXD test fingers

Page 163 of 174

Form g) Detailed Technical Specifications BMTC

2.4.13 Insulation Tester

[Please fill]

Sr. Minimum Requirements

Specifications Bidders Specifications
No.
upto 1000V DC/AC (45 to
1 Rated measuring voltage
65 Hz)

2 Measuring range 10kΩ to 100MΩ or better

upto 10MΩ ±2% of reading
3 Accuracy & above 10MΩ ±5% of
reading

2.5 Software Considerations

[Please fill]

2.6 Safety Systems

2.6.1. Personal safety systems

[Please fill]

2.6.2. Power cut-off protection device

[Please fill]

2.7 IT Equipment
2.7.1. Server Specifications

[Please fill]

2.7.2. Desktop Specifications

[Please fill]

2.7.3. Printer Specifications

• Report / Certificate Printer

[Please fill]

• Sticker Printer
[Please fill]

2.7.4. Number Plate Reader Camera Specifications

[Please fill]

Page 164 of 174

Form g) Detailed Technical Specifications BMTC

2.7.5. Global Positioning System Enabled Camera Specifications

[Please fill]

2.7.6. Speed Dome Camera Specifications

[Please fill]

2.7.7. CCTV Specifications

[Please fill]

2.7.8. Network Video Recorder (NVR) Specifications

[Please fill]

2.7.9. Smart TV with CCTV viewer Specifications

[Please fill]

2.7.10. LED Displays

[Please fill]

Page 165 of 174

Form h) References BMTC

Form h) References

(To be scanned and uploaded)

1.1 Automotive References

[In response to requirement appearing in point 1.3 of “Annexure-III: Bidder’s Company
Requirements”, Bidder shall provide the details of all projects handled by it during last five years,
where the Bidder has met specifications and accuracies similar to the requirements appearing in
“Annexure-IV: Equipment Details”, as per the table below.]

S. Description of Year of Country Role- Supplier Name and Contact

No. Equipment Install Details of the Client
ation

2.....

S. Description of Year of Country Role- Name and Contact

No. Equipment Install Operation Details of the Client
ation

2.....

1.2 Similar References

[In response to requirement appearing in point 1.3 of “Annexure-III: Bidder’s Company Requirements”
Bidder shall provide detailed description of at least one project similar to the current Scope of Work,
meaning full fix inspection lanes, where Bidder had full responsibility on the design, manufacture,
supply, installation, operation of the facility. The Bidder is requested to fill and include in this chapter
one proforma (see below) per each given reference.]

1.3 Government Approved References

[In response to requirement appearing in point 1.3 of “Annexure-III: Bidder’s Company Requirements”
Bidder may provide detailed description of at least two projects where the installed equipment (turn-
key inspection station) is used for Government approved tests and have been used for at least five years
for official Inspection of Vehicles. The Bidder is requested to fill and include in this chapter one
proforma (see below) per each given reference.]

1.4 Specific References

[The Bidder is requested to fill and include in the current chapter all Specific References requested in
“Annexure-III: Bidder’s Company Requirements”. Please use as many proformas for References (see
below) as necessary. In the case one reference given by the Bidder covers more than one required Specific
Reference, Bidder can merge the Specific References requirements]

Page 166 of 174

Form h) References BMTC

Proforma for References

(To be scanned and uploaded)

Reference number: [For “Similar References” please name each reference as

“Similar Reference #...” with consecutive numbers.

For “Specific References” please name each reference as

“Specific Reference #...” with number referring to the
corresponding table in “Annexure-III: Bidder’s
Company Requirements”

For “Sub-contractor Experience”, please name each

reference as “Sub-contractor Reference #...” with
consecutive numbers.]

Project and Location Client Point of Contact

[Contact Person and Contact Details including address,

telephone number, mobile number, fax number, e-mail
address, etc.]

Participation: Prime JV/Consortium Partner Subcontractor

Description of scope of work

[(i) Information on the role of the Bidder and its scope of work in the Project.

(ii) Brief description of the equipment capabilities and accuracies.]

Project Duration Reasons for delay (if any)

Start Date Completion Date

Other Information
[Any other information regarding accomplishments, project complexities, etc. that Bidder desires to provide]

Page 167 of 174

 Form i) Service Support BMTC

Form i) Service Support

(To be scanned and uploaded)

The Bidder is requested to include in each chapter of the current document, the following
information in order to demonstrate the compliance with requirements appearing in
Annexure-I: Scope of Work.

1.1 Service Support Organization

[The Bidder shall provide the details of service support establishments in India with the strength of
service personnel at each of the service center. The location and capacity (role and workforce) of the
Service Support in India shall be clearly specified, and resumes for the key service personnel shall be
provided in the current chapter, using “Proforma for Curriculum Vitae”. The details of all service
personnel in India shall be provided as per table below.

Name Location Role Years of Experience

[The supplier shall also describe the Structure of the Service Support which will be put at the ATS disposal for
smooth Operation and Technical Support, describing how the local Service Support will interface with the
employees for operation of the ATS, in terms of work force and spare parts. Further, the Bidder shall provide the
details of location and mechanism of service support from parent company if situated outside India. The Bidder
shall provide the resumes of key personnel from its world-wide service support organization who will be
responsible for providing the service support to State governments.

Extent of breakdowns which would be solved, the process required to solve them and the associated duration and
down times shall be described.

Further, the extent of breakdowns which would require Worldwide Support, the process required to solve them
and the associated duration and down times shall also be described.]

1.2 Warranty Conditions

[The Bidder is requested to include in this chapter his acceptance of the exact same conditions required
in “Annexure-I: Scope of Work” about Warranty. The full Conditions and Coverage of the Warranty
can also be attached to this document, provided they do not contradict the above conditions. Exclusions
from Warranty need to be specified explicitly. In case there is no exclusion from the warranty, the
Bidder shall be required to specifically state so. Warranty is however included as a part of the Operation
Cost. In case of breakdown of any machinery or non-operation of any equipment, the Bidder is required
to replace the same at its own cost as soon as possible so as to reduce the down time.]

1.3 Comprehensive Annual Maintenance Contract

[The Bidder is requested to include in this chapter his acceptance of the exact same conditions required
in “Annexure-I: Scope of Work” about Comprehensive AMC. The complete Annual Maintenance
Contract can also be attached to this document, provided they do not contradict the above conditions.
The price for Comprehensive AMC shall be provided in the Financial Bid. No information on the price
shall be provided under this chapter]

1.4 Spare Parts List

[The Bidder is required to include in this chapter the full list of Spare Parts which will be required to
ensure the needs for the five years of operation of the equipment’s. Complete replacement of the Spare
parts for operation of the ATS is the responsibility of the Bidder.]

Page 168 of 174

Form i) Service Support BMTC

PROFORMA FOR CURRICULUM VITAE

(To be scanned and uploaded)

1. Name of Staff [Insert full name]:

2. Date of Birth: Nationality:

3. Education [Indicate college/university and other specialized education of staff member, giving names of institutions,
degrees obtained, and dates of obtainment]:

4. Training [Indicate significant trainingobtained]:

6. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

7. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:

8. Details of Tasks Assigned for this Assignment [List all tasks to be performed under this assignment]:

9. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the assignments in which the staff has been involved, indicate the assignments that best illustrate staff
capability to handle the tasks listed under point 8.]

10. Employment Record [Starting with present position, list in reverse order every employment held by staff member
since graduation, giving for each employment: dates of employment, name of employing organization, positions held.]:

Page 169 of 174

Form j) Bidder’s Organization, Company Profile BMTC

Form j) Bidder’s Organization, Company Profile

(To be scanned and uploaded)

The Bidder is requested to provide the information required in the current document in order
to demonstrate its structure that it has enough capacity for successfully achieving this Project,
as requested in “Annexure-III: Bidder’s Company Requirements”. In case of consortium, the
bidder is required to furnish details of his partner/partners (maximum three including lead
bidder). The document should clearly indicate name of the lead partner of the consortium.

1.1 Company Information

[Bidder is requested to fill the following information as “General Company Information”]

Bidder Identification
a) Name of Company
b) Registered address (in full)
c) Details of registration (in full)
d) Principal place of business
e) Telephone number
f) Facsimile number
g) Website
h) Person to contact in connection with this Bid
(Name , Designation, Contact No)
i) Name and Address of Bankers
Business Organization
a) Date incorporated
b) Where incorporated
c) Parent/Leader company (if any) and its
involvement in the project
d) Subsidiary of

e) Major subsidiaries and locations of other

offices
f) Brief description of company’s principal
activities with emphasis on scope of work
(Use separate sheets as required)
g) Has your company ever been black listed or
[If yes, provide detail in an attachment to this
terminated for default by any Indian
government entity
form]

1.2 Company Description & Capability Statement

[Provide here a brief (a maximum of three pages) description of the organization and an explicit
statement of capability of the organization.
In response to requirement 1.3 in document “Annexure-III: Bidder’s Company Requirements”,

Page 170 of 176

Form j) Bidder’s Organization, Company Profile BMTC

Bidder is requested to fill the following table indicating the type, number and financial amount of
facilities installed in the last 5 years. Each S. No. shall correspond to one kind of projects, for
example Light vehicle test lanes and heavy vehicle test lanes.]

Description of
S. Place of
Equipment / 2018 2019 2020 2021 2022 Total
No. Installation
Projects

1 No.

Amount

1.3 Organization Structure

[Please provide in the current chapter, the Organization Chart showing company structure,
including positions of directors and managers and location of all other offices in the world.
Please provide in the current chapter, a statement about the total number of employees of the
Bidder, their skill sets with specific information on the employees based in India.

1.4 Financial Information

[Bidder is requested to fill the following for “Financial Company Information”]

Year 2017-18 2018-19 2019-20 2020-21 2021-22

Annual Turnover

Annual Turnover pertaining to the

equipment (in tender) range*

Annual Turnover in India*

Total R&D expenses (% of Annual

Turnover)*

Net Profit (% of Annual Turnover)

* Self certification indicating required information will be accepted if it is not included in

balance sheet.

1.5 Consortium Information

In case of application under ‘Consortium’ additional documents:
Sr. Description of Document No. of Remarks, if any
No. pages
1 MOU between consortium members

2 Company Profile with details of address for

communication, contact person & his contact details,
web-site etc. of members other than those submitted
above
3 Financial results for last five years, of members other
than those submitted above

Page 171 of 174

 Form k) Description of Approach, Methodology, Work and Training Plan BMTC

Form k) Description of Approach, Methodology, Work and Training Plan

(To be scanned and uploaded)

The Bidder is requested to provide in each chapter of the current document, the following
information.

1.1 Work Plan and Implementation Schedule

[In this document the Bidder shall explain the proposed approach to the assignment, methodology for
carrying out the activities and obtaining the expected output. The Bidder shall propose the main
activities of the assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by BMTC), and delivery dates, taking into account BMTC requirements,
by means of a detailed implementation schedule. The implementation schedule should at least include
–

- The dates for commencement of Design, construction & civil work of equipment
foundations including allied services like test shed trimix flooring, epoxy coating
for the flooring, conduiting for cables including 3-phase & Single phase cables &
drainage, compressor piping along with supply of exhaust gas handling system,
fresh air ducting for all underbody inspection pits.

- The dates for pre-dispatch inspection testing

- The dates for shipment

- The dates for starting installation

- The dates for acceptance testing

- The dates for training of staff

- The dates for commissioning

- Commencement of Operation

1.2 Proposed Implementation Layouts

[In this chapter the Bidder shall provide the Implementation layout, based on the layout of the facilities
included in the current tender. The Bidder shall incorporate his implementation proposal in the given
layout and submit as part of this Form along with his bid.]

1.3 Project Implementation Team

[In this chapter the Bidder should propose the structure and composition of the team which shall work
on implementation of this project. The Bidder shall designate a Project leader who shall be overall
responsible for execution of the project and shall act as a single point of contact for BMTC. The Project
leader shall be a person with adequate experience in installation of equipment, operation of the ATS and
Design & construction work. The resume of the Project Leader as well as the Site Leaders, members of
the project implementation team and members of the operational team shall be provided under this
chapter along with details of their experience, skill set, training received, etc., as per the Proforma for
Curriculum Vitae (see below). The Bidder shall also provide information on the proposed roles of each of
the team members, including the Site Leader and when the Bidder proposes to deploy them during the
assignment.]

Page 172 of 174

 Form k) Description of Approach, Methodology, Work and Training Plan BMTC

1.4 Training Plan

[In this chapter the Bidder shall give a detailed explanation on the Training Plan with respect to (i)
Pre-acceptance Training, (ii) Induction Training, and (iii) Refresher Training, included in the Offer,
specifying what specific skills the representatives of the Bidder in India will develop, duration of each
part of the training and program. This program shall be according to the requirements appearing in
“Annexure-I: Scope of Work”. Nominated officials by BMTC for ATS shall also be trained by the Bidder
as and when required in all aspect of operating the equipment, trouble shooting and total operation of the
ATS.]

1.5 Operation Details

[In this chapter the Bidder shall give a detailed explanation on the Operation with respect to the details
of the persons involved for managing the ATS and testing the vehicles, reporting, data integration,
monitoring, and fees collection, etc. The time required for each test and how the entire operation shall
be managed]

1.6 Annual Maintenance Plan

[In this chapter, the Bidder shall provide the complete Annual Maintenance Plan to be applied during
AMC duration. The bidder shall specify each activity to be carried out and shall mention the time
required for rectifying any defect or repair.]

Page 173 of 174

 Form k) Description of Approach, Methodology, Work and Training Plan BMTC

PROFORMA FOR CURRICULUM VITAE

(To be scanned and uploaded)

1. Name of Staff [Insert full name]:

2. Date of Birth: Nationality:

3. Education [Indicate college/university and other specialized education of staff member, giving names of institutions,
degrees obtained, and dates ofobtainment]:

4. Training [Indicate significant trainingobtained]:

6. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

7. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:

8. Details of Tasks Assigned for this Assignment [List all tasks to be performed under this assignment]:

9. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the assignments in which the staff has been involved, indicate the assignments that best illustrate staff
capability to handle the tasks listed under point 8.]

10. Employment Record [Starting with present position, list in reverse order every employment held by staff
member since graduation, giving for each employment: dates of employment, name of employing organization,
positions held.]:

Page 174 of 174

Form l) Financial Proposal BMTC

Form l) To be Quoted on the portal

Page 175 of 174

 Form m) Contact Details BMTC

Form m) Contact Details

(To be scanned and uploaded)

[PLEASE EDIT THIS PAGE AND SUBMIT]

Tender No. :

Name of Tender: SUPPLY, INSTALLATION & COMMISSIONING OF INSPECTION

EQUIPMENT AND OPERATION OF AUTOMATED VEHICLE FITNESS
TESTING STATION (ATS) AT JADIGENAHALLI (BENGALURU) IN
KARNATAKA STATE

GENERAL DETAILS

1. NAME OF THE PARENT COMPANY :………………………………………..…………………

2. COMMUNICATION ADDRESS :………………………………………..………………..
3. PHONE NO. :………………………………………..…………………
4. FAX NO. :………………………………………..…………………
5. E-Mail ID. :………………………………………..…………………

PARTICULAR DETAILS

6. NAME OF THE CONTACT PERSON :………………………………………..………………….

7. DESIGNATION :………………………………………..…………………..
8. PHONE NO. (DIRECT) :………………………………………..…………………..
9. MOBILE NO. :………………………………………..…………………..
10. E-MAIL ID :………………………………………..…………………..
11. NAME OF THE ALTERNATE
CONTACT PERSON :………………………………………..…………………..
12. E-MAIL ID :………………………………………..……………………
13. ADDRESS AND CONTACT DETAILS :
OF THE INDIAN AGENT IF ANY

Signature of the
Authorized Signatory

NOTE: You are requested to check the above given e-mail IDs regularly for the incoming mails
from BMTC, ..................................................................................... … (email id)

Page 176 of 174