EOI For Empanelment of Vehicle Tracking Device - V-29
EOI For Empanelment of Vehicle Tracking Device - V-29
EOI For Empanelment of Vehicle Tracking Device - V-29
July 2018
Government of Jharkhand
Expression of Interest
for Empanelment of Vendors
to Enlist Vehicle Tracking Devices
for Mineral Transporting Vehicles in the State of Jharkhand
Cost of document: INR Five Thousand only (Rs. 5,000/- Non-Refundable) per
Expression of Interest (EoI) application towards the cost of EoI document.
Note: - The applicant shall deposit the document fee of Rs 5,000/- (Rupee Five Thousand)
by making online payment at e-payment link on website of Department of Mines and
Geology, Jharkhand.
(http://portal.jharkhandminerals.gov.in/portal/pms/PMSPayMiningFeeOuter.aspx).
The receipt of online payment of document fee should be included in the application.
SD/-
Director Mines
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Expression of Interest
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Contents
1 About Department of Mines and Geology 2
3 Empanelment Process 7
3.1 Process 7
3.2 Submission of Applications seeking Empanelment 7
5 Application Details 9
5.1 Contents of the Application 9
5.2 Sealing and Marking of Applications 9
5.3 Submission of Applications 10
5.4 Evaluation of Applications 10
5.5 Right to Accept and Reject Any or All Applications 11
5.6 Timeline 11
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8.12 Jurisdiction 32
8.13 Notice 32
8.14 Prohibition of Assignment 32
8.15 Language 32
8.16 Fraud and Corrupt Practices 32
8.17 Waiver 33
8.18 Severability 34
8.19 Use of Trademark/ Logo of DMG 34
8.20 Successors and Assigns 34
Annexure 1: Application Cover Letter 35
Annexure 2: Format of Letters 37
Annexure 3: Format for Power of Attorney for Signing of Application 39
Annexure 4: Format for Security Deposit Bank Guarantee 41
Annexure 5: List of submissions 44
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Disclaimer
All information contained in this Expression of Interest (EoI) Document is in good interest
and faith. This is not an agreement and is not an offer or invitation to enter into an
agreement of any kind with any party.
Though adequate care has been taken in the preparation of this EoI Document, the
interested firms shall satisfy itself that the document is complete in all respects. The
information is not intended to be exhaustive. Interested Applicants are required to make
their own enquiries and assumptions wherever required.
Department of Mines and Geology (DMG) reserves the right to reject any or all of the
proposals submitted in response to this EoI Document at any stage without assigning
any reasons whatsoever. DMG also reserves the right to withhold or withdraw the
process at any stage with intimation to all who submitted the EoI Document response.
DMG reserves the right to change/ modify/ amend any or all of the provisions of this EoI
Document. Such changes would be posted on DMG’s website.
Neither DMG nor its employees and associates will have any liability to any prospective
respondent interested to apply or any other person under the law of contract, to, the
principles of restitution or unjust enrichment or otherwise for any loss, expense or
damage which may arise from or be incurred or suffered in connection with anything
contained in this EoI Document, any matter deemed to form part of this EoI Document,
the award of the Assignment, the information and any other information supplied by or
on behalf of DMG or their employees and applicant or otherwise arising in any way from
the selection process for the Assignment.
Information provided in this document or imparted to any respondent as part of the EoI
Document process is confidential to DMG and shall not be used by the respondent for
any other purpose, distributed to, or shared with any other person or organization.
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3 Empanelment Process
3.1 Process
a) Unless the enlistment of any VTD(s) model is revoked / cancelled by DMG in
accordance with the Terms and Conditions Governing the Empanelment, the
enlisting shall remain valid so long as such VTD model continues to comply with the
requirements based on which the same was empaneled.
b) The Terms and Conditions Governing the Empanelment are set out in Clause 6 and
elsewhere in this document.
c) The evaluation of Application for Empanelment would be carried out based on the
prescribed evaluation criteria set by DMG for the duly completed applications. In case
of incomplete Applications where DMG may require the Applicants to submit any
missing/incomplete information/ documents.
d) DMG reserves the right to change the Terms and Conditions Governing
Empanelment at any point of time.
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For each additional VTD model being submitted for enlistment, where applicable, the
Applicant shall submit an additional cost of application document @ Rs. 5,000/- (Rupees
Five Thousands) per additional VTD model by way of online payment in the aforesaid
manner.
The receipt of online payment of the document fee shall be included in the application.
The cost of application document paid to DMG shall be non- refundable. An Application
not accompanied by the aforesaid payment shall be considered as non-responsive and
the same would be liable for rejection.
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5 Application Details
5.1.1 VTDs
a) An Applicant is required to submit one unit of VTD of each of the models that it desires
to get empanelment together with their protocol and all other necessary
documentation needed for integration as per Annexure 5.
b) The VTD being submitted must meet the minimum technical specifications outlined
in Clause 7.
c) Both soft copy (in CD/ DVD) and hard copy of the protocol as defined in Annexure 5
and all other necessary documentation for each of the VTD model is required to be
submitted together with the Application.
d) The VTD submitted with the Application would not be returned to the Applicant
irrespective of the outcome of the evaluation of the Application.
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5.6 Timeline
The timelines for various activities and submissions shall be as provided below:
1. Publication of Document To
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II. An Applicant can apply for enlistment of one or more models of VTD, provided that
the VTD must meet the minimum technical specifications outlined in Clause 7 failing
which they will not be processed for empanelment by DMG.
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1. General Features
GPS with any
Test agency to verify based on
augmentation type Global
the self- certification by applicant
Navigation Satellite System
along with supporting
(Location, speed, heading,
1.1 documentary evidence with
timestamp) data polling and
component datasheet/
sending frequency capability
specification sheet from
of less than or equal to 20
component manufacturer.
sec.
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• In - Built Quad-band
GPRS module/ Modem Test agency to verify based on
the self- certification by applicant
• Multi Slot GPRS along with supporting
3.1 • GPRS class 10 or
documentary evidence with
above component datasheet/
specification sheet from
*should comply to ETSI component manufacturer.
rel.1999.
(a) The device should have
provision for the M2M
embedded SIM and
additionally have support
M2M Robust Plastic SIM Test agency to verify point (a)
(Only one type of SIM would based on the demonstration by
be used in VTD at any given the Applicant.
time)
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4 Power Characteristics
• Power Source – Vehicle
Battery Input voltage
range 4 – 32 volts
4.1 • Battery backup of To be tested by test agency.
minimum of 4 hours @
60 seconds
Transmission
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Testing
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6 Antennae
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8 Geo-fencing
9 Other Features
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Reverse Polarity
9.4 To be tested
Protection without Fuse
To be tested as per IS 2465.
Legend:
Yes: Feature is available in the VTD model submitted for Enlistment
No: Feature is not available in the VTD model submitted for Enlistment.
Note:
Please note that the above mentioned specifications may not be tested by DMG and the
Application for empanelment including enlistment of VTD will be processed based on the
representation by the Applicant. The correctness of submissions for all these
specifications is solely the responsibility of the Applicant. DMG does not bear any
responsibility on the authenticity of any result or correctness of specifications
whatsoever.
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NR = Normal
EA = Emergency Alert
(Optional)
TA = Tamper Alert
HP = Health Packet To be demonstrated
Packet Type IN = Ignition On (Optional) by manufacturer and
IF = Ignition Off (Optional) to be tested.
BD=Battery Disconnect
BR = Battery Reconnect
BL = Battery Low
TS = Trip Start
TE = Trip End
To be demonstrated
L=Live
by manufacturer/
Packet Status or
supplier and to be
H= History
tested.
To be demonstrated
Identified of the sending unit. 15 by manufacturer/
IMEI
digit standard unique IMEI no. supplier and to be
tested.
To be demonstrated
Vehicle Reg. Mapped vehicle registration by manufacturer/
No number supplier and to be
tested.
To be demonstrated
1 = GPS fix
by manufacturer/
GPS Fix OR
supplier and to be
0 = GPS invalid
tested.
To be demonstrated
Date value as per GPS date time by manufacturer/
Date
(ddmmyy) supplier and to be
tested
To be demonstrated
Time value as per GPS date by manufacturer/
Time
time in UTC format (hhmmss) supplier and to be
tested.
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To be demonstrated
Latitude Direction. by manufacturer/
Latitude Dir.
Example N=North, S= South supplier and to be
tested.
To be demonstrated
Longitude value in decimal
by manufacturer/
Longitude degrees (with minimum 6
supplier and to be
decimal places)
tested.
To be demonstrated
Longitude Direction. by manufacturer/
Longitude Dir.
Example E=East, W= West supplier and to be
tested.
To be demonstrated
Speed by manufacturer/
Speed in km/hr
(Optional) supplier and to be
tested.
To be demonstrated
by manufacturer/
Heading Course over ground in degrees
supplier and to be
tested.
To be demonstrated
Number of satellites available for by manufacturer/
No of Satellites
fix supplier and to be
tested.
To be demonstrated
Altitude by manufacturer/
Altitude of the device in meters
(Optional) supplier and to be
tested.
To be demonstrated
by manufacturer/
PDOP Positional dilution of precision
supplier and to be
tested.
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To be demonstrated
Total Distance Travelled in Km
by manufacturer/
ODO (Optional) (from activation of unit to till last
supplier and to be
packet)
tested.
To be demonstrated
Network
by manufacturer/
Operator Name of Network Operator.
supplier and to be
Name
tested.
To be demonstrated
Ignition 1= Ign On , by manufacturer/
(Optional) 0 = Ign Off supplier and to be
tested.
To be demonstrated
Main Power
0= Vehicle Battery Disconnected by manufacturer/
Status
1= Vehicle Battery Reconnected supplier and to be
(Optional)
tested.
To be demonstrated
Emergency
1 = On , by manufacturer/
Status
0 = Off supplier and to be
(Optional)
tested.
To be demonstrated
C = Cover Closed, by manufacturer/
Tamper Alert
O = Cover Open supplier and to be
tested.
To be demonstrated
GSM Signal by manufacturer/
Value Ranging from 0 – 31
Strength supplier and to be
tested.
To be demonstrated
by manufacturer/
MCC Mobile Country Code
supplier and to be
tested.
To be demonstrated
by manufacturer/
MNC Mobile Network Code
supplier and to be
tested.
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To be demonstrated
by manufacturer/
LAC Location Area Code
supplier and to be
tested.
To be demonstrated
by manufacturer/
Cell ID GSM Cell ID
supplier and to be
tested.
To be demonstrated
NMR
Neighbouring 4 cell ID along with by manufacturer/
(neighboring
their LAC supplier and to be
Cell ID)
tested.
To be demonstrated
4 external digital input status
Digital Input by manufacturer/
(Status of Input 1 to Input 3
Status supplier and to be
(0=Off; 1=On))
tested.
To be demonstrated
Digital Output 2 external digital output status by manufacturer/
Status (0=Off; 1=On) supplier and to be
tested.
To be demonstrated
Sequence Number of the by manufacturer/
Frame Number
messages (000001 to 999999) supplier and to be
tested.
To be demonstrated
Insures No error in transmission by manufacturer/
Checksum
(optional) supplier and to be
tested.
#
The message composition is indicative; all messages must have the minimum fields as
mentioned. The field can have different sequence, difference separator, and also the
string can have more data than mentioned above, but should give at least the minimum
specifications mentioned above.
However it would be preferred if device identification can come as the first field and
subsequent fields can Tin any order.
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This alert will be generated whenever the main battery is disconnected and this
message will have header, time, date, position, Heading, VTD Valid/Invalid, number
of VTD satellites and speed.
Legend:
NOTE: The above validation list is for immediate reference of validation procedure.
However, DMG reserves the right to ask third party certification for any or all of the
parameters during anytime of the enlistment period.
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{* Optional}
Legend:
Yes: Feature is available in the VTD model submitted for Enlistment
No: Feature is not available in the VTD model submitted for Enlistment
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8.1.1 The empanelment of Vendor and enlistment of VTD model(s) would be carried out by
DMG based on the submissions and representations made by the Applicant towards
compliance with the requirements outlined in the Empanelment Process document.
8.1.2 The VTD enlistment by DMG would be valid for a particular VTD model and its
specification (including the specification of its components) submitted by the Applicant
along with its Application and would not be valid for any other VTD model or the same
VTD model having specifications (including the specification of its components) different
from the one which was empaneled by DMG.
8.1.3 In the event of there being any change in VTD model or specification (including the
specification of its components) of the VTD, which has been enlisted by DMG, on account
of any change in design/component or otherwise, the empanelment will no longer be
valid and, the Empaneled Vendor will have to submit a fresh application as per the then
applicable terms and conditions seeking fresh empanelment.
8.1.4 DMG reserves the right to extend the validity of enlistment to other class of vehicles or
to remove the validity of enlistment from any class of vehicles, if it so desires. Empaneled
Vendor shall have no objection or any claim to any such act of DMG and DMG shall not
be liable for any such act.
8.1.5 The VTD enlistment shall be valid for all the following together as outlined in the letter
issued by DMG:
VTD Model Number(s) Enlisted
Name and Address of the Applicant
Name of Manufacturer & its Registered
Office Address
Address of Manufacturing unit
Name and Address of Dealers
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8.3.1 DMG do not make any express or implied representations to the Empaneled Vendor as
to the volume of business that any or all of the Empaneled Vendor may get.
8.3.2 By seeking to enlist their VTDs, the Empaneled Vendor shall be deemed to have made
careful examination of all the relevant factors, nature of enterprise, the quantum of
business and its likelihood. DMG shall not be liable for any omission or mistake or error
or neglect by the Empaneled Vendor.
8.4.1 During the Empanelment Period, DMG shall have right, without being obliged, to monitor/
audit the enlisted VTD of the empaneled Vendor with a view to ascertain their continued
compliance with the Terms and Conditions Governing Empanelment.
8.4.2 The Applicant of enlisted VTD shall be under obligation to provide all reasonable support,
information like technical documentation, change of office/ dealers/sales/service center
addresses (including addition and discontinuation of the same) etc. and extend other
reasonable cooperation to DMG for them to effectively monitor its performance and
compliance of the empaneled VTD during the Empanelment Period.
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8.6 Liability
The enlisting or empanelment under the Empanelment Process is not to be construed in
any way as diminishing or substituting the mutual contractual responsibilities/ obligations
between the Vendor and the permit holders purchasing the enlisted VTDs from them.
DMG in no way guarantee the performance of or by the enlisted VTD(s) or its empaneled
Vendor(s). The Vendor will be liable and responsible for performance of the enlisted
VTD(s) supplied to the permit holders.
8.7.1 At the end of a period of one year from the date of VTD enlistment letter issued by DMG
to the Vendor, the Vendor shall submit a written undertaking to DMG stating the
continued compliance of the VTD concerned as per the requirements of the
Empanelment Process document accompanied by the supporting documents.
8.7.2 The Vendor shall be under an obligation to immediately inform in writing to DMG in the
event of the following:
a) Any of its enlisted VTD(s) no longer complies with the requirements of the
Empanelment Process document based on which the VTD was enlisted; or
b) Any of the component/module which was part of the VTD model at the time of
grant of enlistment has been changed/altered due to change in design; or
c) There is any change in design of the VTD or any component thereof post the
enlistment of the same; or
d) Any other factors that would have the effect of changing the VTD design or any
component thereof post its enlistment.
8.7.3 Based on the submissions made by the Vendor or otherwise reasonably determined by
DMG, if the enlisted VTD does not continue to meet the prescribed criteria as per the
requirements outlined in the Empanelment Process document, DMG shall be within its
rights to revoke and cancel the enlistment of the VTD concerned.
8.7.4 In the event the Vendor or the concerned division of the Vendor is taken over /bought
over by another company, the Vendor must ensure that company taking over or buying
it complies with the Terms and Conditions Governing Empanelment in respect of all the
enlisted VTDs.
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8.8.1 The Vendor shall maintain an initial security deposit in the format of Bank Guarantee as
per Annexure- 4 of Rs 50,000/-(Rupees fifty thousand only) for each type of enlisted VTD
model. Further (s)he shall also deposit another security deposit in the form of Bank
Guarantee as per Annexure- 4 of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand
only) alongwith the acceptance of empanelment letter as security for sale of first 1000
enlisted VTDs for its due and satisfactory fulfillment of the terms and conditions
prescribed in the Terms and Conditions Governing Empanelment and the Empanelment
Process document (“Security Deposit”).
The Empaneled vendor will submit an additional security deposit of Rs. 2,50,000/-
(Rupees Two Lakhs Fifty Thousand only) in advance for every additional 1000 enlisted
VTDs to be sold.
8.8.2 The Security Deposit will be returned by DMG to the Vendor after expiry of the
Empanelment Period subject to satisfactory performance of the Vendor during the
Empanelment Period.
8.8.3 The Security Deposit shall be liable to be forfeited by DMG, in the following cases:
a) If the Vendor fails to comply with Terms and Conditions Governing Empanelment or
with the requirements of Empanelment Process document in any material respect;
or
b) If it is determined by DMG that the Vendor has provided any VTD other than its
enlisted VTD; or
c) If there are repeated complaints from the permit holders against the Vendor that the
vendor is not complying with any Terms and Conditions Governing Empanelment or
with the requirements of Empanelment Process document; or
e) If the Empaneled Vendor fails to promptly inform DMG of any event that results in
such vendor remaining no longer compliant with the eligibility requirements as per
the Empanelment Process document; or
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f) If the Empaneled Vendor does not supply or maintains already sold VTD units as per
the conditions of the Empanelment Process document; or
g) If the Empanelment Vendor fails to perform as per the Scope of Work or fulfill its roles
and responsibilities as mentioned in this document; or
8.10 Indemnity
a) The Vendor agrees to indemnify and hold harmless DMG, their officers, directors,
agents and the consultants from and against:
c) All consequences and liabilities arising out of or in any way connected with the
Applicant's negligence, fault, nuisance, breach and failure to perform its obligations
under or pursuant to the Empanelment Process.
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Subject to the preceding, any / all disputes arising out of or in any way relating to or
concerning this Empanelment or the Empanelment Process shall be amicably and
promptly settled between the parties. The parties agree that if the efforts of the parties
to amicably resolve such differences or dispute(s) fail and no settlement is reached
despite such efforts of the parties, then, except where the decision of certain person/
DMG has been made final and binding between the parties, the dispute shall be referred
to the sole arbitration of the Secretary/ Commissioner, DMG or any other person
appointed/ nominated by him in this regard. There will be no objection to any such
appointment on the ground that the arbitrator so appointed is a Government servant or
that (s)he has to deal with matters to which this empanelment pertains or that in the
course of his duties as Government servant, (s)he has expressed views on all or any of
the matters in dispute. The decision of the Arbitrator so appointed will be final and binding
on both the parties. The venue of Arbitration shall be Ranchi and the proceedings shall
be held in English under the Arbitration and Conciliation Act 1996.
8.12 Jurisdiction
Empanelment and the process of empanelment shall be governed by the laws of India
and the Courts at Ranchi, Jharkhand shall have exclusive jurisdiction to adjudicate upon
any/ all matter(s) arising from the empanelment or the process of empanelment.
8.13 Notice
Any notice or other communication to be given by a party to the other under, or in
connection with the matters contemplated by or under the empanelment shall be in
writing and shall be delivered by hand/ registered post/ courier/ e-mail at the notified
address of the party concerned.
8.15 Language
All notices required and all other communications, documentation and proceedings
which are in any way relevant to the Empanelment or the Empanelment Process shall
be in writing and in English language.
8.16.1 The Vendor and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Empanelment Process. Notwithstanding
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anything to the contrary contained herein, DMG may (a) reject an Application, and/ or (b)
cancel the VTD Enlistment, without being liable in any manner whatsoever to the
Applicant if it determines that the Vendor has, directly or indirectly or through an agent,
engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during or in relation to the Empanelment Process.
8.16.2 Without prejudice to the rights of the DMG under this clause, if a Vendor is found by the
DMG 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 Empanelment Process, DMG may black list such Vendor and in such
event the Vendor shall not be eligible to participate in any tender or RFQ or Empanelment
Process issued by or on behalf the DMG during the period specified by DMG in this
behalf.
8.16.3 For the purposes of this clause, the following terms shall have the meaning hereinafter
respectively assigned to them:
a) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected
with the Empanelment Process;
b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence the
Empanelment Process;
c) “coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any person or property to influence any person’s
participation or action in the Empanelment Process;
d) “undesirable practice” means establishing contact with any person connected
with or employed or engaged by the DMG with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the
Empanelment Process; and
e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a
full and fair competition in or pursuant to the Empanelment Process.
8.17 Waiver
8.17.1 Waiver by DMG of any default by the Vendor in the observance and performance of any
provision of or obligations of or under the Empanelment Process or the Terms and
Conditions Governing Empanelment:
a) shall not operate or be construed as a waiver of any other or subsequent default
hereof or of other provisions of or obligations under this process;
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8.17.2 Neither the failure by DMG to insist, on any occasion, upon the performance of the terms,
conditions and provisions of this Empanelment Process or any obligation hereunder nor
time or other indulgence granted by DMG to the Applicant shall be treated or deemed as
waiver of such breach or acceptance of any variation or the relinquishment of any such
right hereunder.
8.18 Severability
If for any reason whatever any provision of the Terms and Conditions Governing
Empanelment 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 DMG would at its option either work out new provision to
replace such invalid, unenforceable or illegal provision, as nearly as is practicable to
such invalid, illegal or unenforceable provision or delete the invalid, illegal or
unenforceable provisions and the rest of the terms and conditions shall continue to
remain valid and enforceable.
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To,
The Director Mines,
Department of Mines and Geology,
Third Floor, Yojana Bhawan,
Nepal House, Doranda, Ranchi, Jharkhand- 834002
Sir,
We have reviewed and fully understood the requirements of the process for
“Empanelment of Vendors to Enlist Vehicle Tracking Devices for Mineral Transporting
Vehicles in the State of Jharkhand” and are submitting our Application for enlistment of
the following VTD(s) being manufactured by us together with the required details and
other information as per the Empanelment Process document:
Manufactured at (address
o f manufacturing facility)
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6) We understand that you may cancel the Empanelment Process at any time and that
you are not bound to accept any Application that you may receive without incurring
any liability to the Applicants.
7) We declare that we satisfy and meet the requirements as specified in the
Empanelment Process document and are eligible to submit Application in accordance
with the terms of the said Empanelment Process document.
8) We undertake that in case due to any change in facts or circumstances during the
Empanelment Process, we are attracted by the provisions of disqualification; we shall
intimate DMG of the same immediately.
9) We represent and confirm that neither we nor any of our promoters/directors are
barred by DMG or Government of Jharkhand or blacklisted by any state government
or central government/ department/ agency in India from participating in bids, as on
the date of submission of this Application.
10) We undertake to open Sales/ Service centers in Jharkhand state by [Date] to facilitate
the truck owners for fitting of Vehicle Tracking Devices in their vehicles and providing
after sales services. We also undertake to intimate the details of such sales/ service
centers to DMG.
11) We agree to keep and confirm that our Application is valid up to [minimum One
Hundred and Eighty (180) days from the date of submission of Application].
Sincerely,
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To, Date
The Applicant
Sub: Empanelment of Vendor to Enlist Vehicle Tracking Devices for Mineral Transporting
Vehicles in the State of Jharkhand
Sir,
This has reference to your Application seeking enlistment of your VTD(s) for the Mineral
Transportation Vehicles in Jharkhand.
We have examined your Application and are pleased to inform that the following VTDs
has been enlisted as per the details below:
VTD Model Number(s) Enlisted
Name and Address of the Applicant
The aforesaid empanelment of the vendor and enlistment of the VTD model shall be
governed by the terms and conditions as detailed in the Empanelment Process
document [EoI No……..Dated…………] issued by DMG for the process.
[Director Mines]
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Sub: Acceptance for Empanelment of Enlisted Vehicle Tracking Devices for Mineral
Transporting Vehicles in the State of Jharkhand
Sir,
This has reference to your letter with subject “Empanelment of Vendor to Enlist Vehicle
Tracking Devices for Mineral Transporting Vehicles in the State of Jharkhand”, We
accept to be empaneled with enlisted VTD and agree to the terms and conditions as
detailed in the Empanelment Process document [EoI No………Dated………..] issued by
DMG for the process.
In relation to our Acceptance, you may also note the following:
1) Our Acceptance is unconditional.
2) We undertake that in case due to any change in facts or circumstances during the
Empanelment Period, we are attracted by the provisions of disqualification; and we
shall intimate DMG of the same immediately.
3) We undertake to open Sales/ Service centers in Jharkhand state by [Date] to facilitate
the truck owners for fitting of Vehicle Tracking Devices in their vehicles and providing
after sales services. We also undertake to intimate the details of such sales/ service
centers to DMG.
38
Expression of Interest
July 2018
(On Non – judicial stamp paper or such equivalent document duly attested by
notary public)
Power of Attorney
Know all men by these presents, we …………………………………………… (Name and
address of the registered office) do hereby constitute, appoint and authorise Mr. /
Ms.…………………… ………… (name and residential address) 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
Application, in response to the Empanelment Process being conducted by
DEPARTMENT OF MINES & GEOLOGY, Government of Jharkhand (“DMG”), seeking
Empanelment of Vendor to Enlist Vehicle Tracking Devices for Mineral Transporting
Vehicles in the State of Jharkhand, including signing and submission of Application, all
documents and providing information/ responses to DMG, representing us in all matters
before DMG, and generally dealing with DMG in all matters in connection with our
aforesaid Application.
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, Address and Date)
Accepted
(Signature)
39
Expression of Interest
July 2018
Notes:
40
Expression of Interest
July 2018
WHEREAS:
A. DMG has invited Applications from the interested and eligible Applicant seeking
Empanelment of Vendors to Enlist Vehicle Tracking Devices for Mineral
Transporting Vehicles in the State of Jharkhand and to perform associated
services in respect of the mineral transporting vehicles (“Empanelment
Process”).
B. (“Applicant”) is desirous of getting itself empaneled through the Empanelment
Process and has submitted Application in this behalf.
C. Applicant, upon its empanelment would become an Empaneled Vendor (“Empaneled
Vendor”), and, as an Empaneled Vendor, would be eligible to provide enlisted VTD
and associated services in respect of the mineral transporting vehicles subject to the
Terms and Conditions Governing Empanelment as outlined in the Empanelment
Process document.
D. Applicant has been notified that it has emerged as a successful Empaneled Vendor
and prior to the issue of the Letter of Empanelment by DMG, it is required to submit
a security deposit of [Rs. 50,000 (Rs. Fifty Thousand only) as initial security deposit]
/ [Rs. 2, 50,000 (Rupees Two Lakhs Fifty Thousand only) as security for its due and
satisfactory fulfillment of the terms and conditions prescribed in the Empanelment
Process document (“Security Deposit”) for 1000 VTD units to be sold. The security
deposit will increase as security for every 1000 VTD (Rs. 2, 50,000/- (Rupees Two
Lakhs Fifty Thousand only).]
E. We, , through our branch at [address], Ranchi (the “Bank”) have agreed
to furnish this Security Deposit upon request from the Applicant.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Applicant’s obligations as Empaneled Vendor under and in
accordance with the Terms and Conditions Governing Empanelment as outlined in
the Empanelment Process document, and agrees and undertakes to pay to DMG,
upon its mere first written demand, and without any demur, reservation, recourse,
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Expression of Interest
July 2018
contest or protest, and without any reference to the Empaneled Vendor, such sum or
sums up to an aggregate sum of the Guarantee Amount as DMG shall claim, without
DMG being required to prove or to show grounds or reasons for its demand and/or
for the sum specified therein.
2. A letter from DMG, under the hand of its authorized signatory, that the Empaneled
Vendor has committed default in the due and faithful performance of all or any of its
obligations under and in accordance with the Terms and Conditions Governing
Empanelment as outlined in the Empanelment Process document shall be
conclusive, final and binding on the Bank. The Bank further agrees that DMG shall
be the sole judge as to whether the Certified Vendor is in default in due and faithful
performance of its obligations under the Terms and Conditions Governing
Empanelment as outlined in the Empanelment Process document and its decision
that the Empaneled Vendor is in default shall be final and binding on the Bank,
notwithstanding any differences between DMG and the Empaneled Vendor, or any
dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Empaneled Vendor for any reason
whatsoever.
3. In order to give effect to this Guarantee, DMG shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Empaneled
Vendor and/ or the Bank, whether by their absorption with any other body or
corporation or otherwise, shall not in any way or manner affect the liability or
obligation of the Bank under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for DMG to
proceed against the Empaneled Vendor before presenting to the Bank its demand
under this Guarantee.
5. DMG shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the Terms and Conditions Governing
Empanelment as outlined in the Empanelment Process document or to extend the
time or period for the compliance with, fulfillment and/ or performance of all or any of
the obligations of the Empaneled Vendor contained in the Terms and Conditions
Governing Empanelment as outlined in the Empanelment Process document or to
postpone for any time, and from time to time, any of the rights and powers exercisable
by DMG against the Empaneled Vendor, and either to enforce or forbear from
enforcing any of the aforesaid terms and conditions and/or the securities available to
DMG, and the Bank shall not be released from its liability and obligation under these
presents by any exercise by DMG of the liberty with reference to the matters
aforesaid or by reason of time being given to the Empaneled Vendor or any other
forbearance, indulgence, act or omission on the part of DMG or of any other matter
or thing whatsoever which under any law relating to sureties and guarantors would
but for this provision have the effect of releasing the Bank from its liability and
obligation under this Guarantee and the Bank hereby waives all of its rights under
any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or
security now or which may hereafter be held by DMG in respect of or relating to the
Terms and Conditions Governing Empanelment as outlined in the Empanelment
Process document or for the fulfillment, compliance and/ or performance of all or any
42
Expression of Interest
July 2018
of the obligations of the Empaneled Vendor under the Terms and Conditions
Governing Empanelment as outlined in the Empanelment Process document.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in
force until [Date] (mention date based on the required period of validity of the
Performance Guarantee) and unless a demand or claim in writing is made by DMG
on the Bank under this Guarantee during its validity, after such date, all rights of DMG
under this Guarantee shall be forfeited and the Bank shall be relieved from its
liabilities hereunder.
8. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of DMG in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so
on behalf of the Bank.
9. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred Branch in Ranchi, State of Jharkhand,
which shall be deemed to have been duly authorised to receive such notice and to
effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in
proving such notice, when given by post, it shall be sufficient to prove that the
envelope containing the notice was posted and a certificate signed by an Nodal
officer of DMG that the envelope was so posted shall be conclusive.
10. This Guarantee shall come into force with immediate effect and shall remain in force
and effect till [Date] (mention date based on the required period of validity of the
Performance Guarantee) or until it is released earlier by DMG pursuant to the
provisions of the Terms and Conditions Governing Empanelment as outlined in the
Empanelment Process document.
Signed and sealed this [day] of [Month], 2018 at [Place]
43
Expression of Interest
July 2018
1. Name
2. Place of incorporation
6. Details of Applicant’s authorized dealers/Sales & Service centers who will sell
its enlisted VTDs in Jharkhand
8. Brief description of the Applicant including details of its main lines of business.
9. Website URL
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Expression of Interest
July 2018
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Expression of Interest
July 2018
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