FOOD CORPORATION OF INDIA REGIONAL OFFICE NO.8 SATHYAMURTHY ROAD CHETPET CHENNAI

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1 FOOD CORPORATION OF INDIA REGIONAL OFFICE NO.8 SATHYAMURTHY ROAD CHETPET CHENNAI e-tender DOCUMENTS. NAME OF WORK:- e-tendering FOR SUPPLY OF 500 KGS. CAPACITY FULLY ELECTRONIC-TYPE WEIGHING PLATFORM SCALE SIZE OF 600 X 600 mm, ALONG WITH BATTERY BACKUP AT GODOWN COMPLEX(S) OF THE FCI AT VARIOUS CENTERS IN TAMIL NADU REGION

2 FOOD CORPORATION OF INDIA REGIONAL OFFICE, ENGINEERING DIVISION CHENNAI e-tender NOTICE INVITING TENDERS No. 29/2015 Engg. E/M.23(EPS-FSD)/TN/2015. Dated: Online Tenders are invited under Two Bid System are invited on behalf of the Food corporation of India for the following works from appropriate Manufacturers/authorized Dealers from CPWD, State P.W.Ds, M.E.S., Railways and Public Sector Undertakings of the Central / State Government who have satisfactorily completed during last five years ending last day of the month previous to the one in which the tenders are invited at least three similar works of costing not less than the amount equal to 40% of the estimated cost put to tender or Two similar works costing not less than the amount equal to 60% of the estimated cost put to Tender of on similar work aggregate cost not less than the amount equal to 80% of the estimated cost put to Tender, in any of the organization listed above for registration NIT. Sl. No. Name of the work 1. Supply of 500 kgs. Capacity fully Electronictype Weighing platform scale, surface mounted complete with 600 X 600 mm stainless-steel platform, Load Cells, Digital Weight Indicator along with battery backup at godown complex (s) of the FCI at various centers in Tamil Nadu Region Estimated cost put to Tender ( in Rs.) Earnest Money ( in Rs.) Time of comple tion 13,59, /- 15 days Last date & Time For Time & date of Submiss Period during opening of ion of which EMD technical technica,cost of bid bid l & document, E- financia l bids Tendering processing fee & other documents shall be submitted. After last date &time of submission of bid and upto 3.00 PM on At 3.30 PM on

3 2. a) Technical Bid:- With the commercial details all documents should be scanned and submitted online on the portal along with Tender document cost(tender fee/ Earnest Money). b) Price Bid:- Should be submitted in the provided.xls format online on the portal on or before the bid submission time. Price Bids will not be opened on the date and time of the tender opening. Price bids of only such Tenderers, whose technical bids are found technically and commercially acceptable, will be opened subsequently on a date and time fixed by the Food Corporation of India, which will be intimated to them. *As the case may be. Tender documents downloaded from Central Public Procurement Portal Website ( ) and Rs.525/-(Rupees Five hundred and Twenty five only) towards the cost of bid form has to be paid online through RTGS/NEFT to the following A/c details:- Name of Bank:- STATE BANK OF INDIA Account No. IFSC Code Bank Branch SBIN THOUSAND LIGHT The tender document can also be downloaded from FCI website The access of downloading of tender documents shall be stopped 1(One ) day prior to the date of opening of the tender. Tenders shall be accompanied by Earnest Money amounting to Rs.27190/- (Rupees Twenty thousand one hundred and ninety only) for various centers deposited through NEFT/RTGS in the A/c as detailed above. The details of transaction ID (Reference ID) for cost of Bid form and Earnest Money paid has to be scanned and uploaded in PDF format only. In case of NEFT/RTGS/ other electronically means the Bidder has to indicate transaction no.(utr No.) of such payments appropriately in the Bid. Tenders not accompanied by Earnest Money in the prescribed form shall be summarily rejected. Completed Tenders will be submitted online on website ( ) upto 3.00 P.M. on and technical bids will be opened online on the same date at 3.30 P.M. in the presence of the Tenderers or their authorized representatives who may wish to be present. The Food Corporation of India reserves the right to accept any tender or reject any or all tenders without assigning any reason whatsoever and to scrap the tender inquiry at any stage without assigning any reason. IMPORTANT NOTE: ASSISTANT GENERAL MANAGER (E/M) 1) Tender documents may be downloaded from Central Public Procurement Portal Aspiring Bidders/ Suppliers who have not enrolled/ registered in e-procurement should enroll /register before participating through the website The portal enrolment is free of cost. Bidders are advised to go through instructions provided at Annexure-A regarding Instructions for online Bid Submission. 2) Tenderers can access tender documents on the website, fill them with all relevant information and submit the completed tender document into electronic tender on the website 3) Tenders and supporting documents should be uploaded through e-procurement. Hard copy of the tender documents will not be accepted. 3

4 Submission of Tender The tender shall be submitted online in Two part, viz., technical bid and price bid. 1. TECHNICAL BID The following documents are to be scanned and uploaded within the period of bid submission furnished by the Contractor along with Technical Bid as per the tender document: i) Scanned copy of Certificate of PAN No and Tender Acceptance Letter (Annexure-B). ii) Scanned copy of documents like Tender documents cost(tender fee/ Earnest Money deposit etc). the original payment instrument like demand draft/pay order or banker cheque of any scheduled bank against EMD as specified in time.tender documents has to be sent to the address the General manager, food corporation of India,Regional office, Chennai by post/speed post/courier/ by hand on or before bid submission closing date &time iii) Scanned copy of latest valid VAT/Sales Tax/ Works contract Registration certificate from concerned Authorities of the State as applicable. iv) Scanned copy of Licence for manufacturing of electronic platform weigh scale issued by the State authorities, Model Approval Certificate from Director of Metrology, Govt. of India. v) Scanned copy of Certificate in respect of successful completion of 80% of the total number of weigh scales (similar jobs in Govt. or PSUs) proposed to be supplied. vi) Scanned copy of Audited balance sheet as documentary proof for having Annual Turnover for a minimum of Rs.2.00 corers during last three years vii) Scanned copy of License from Weight & Measurement Department of respective States as per Act/Rules for repairing and servicing of electronic platform weigh scale in their own name and agency not having repairing licence in their own name will not be considered. viii) Scanned copy of documents in proof towards the payment of Tender fee indicating UTN no. and date of payment. ix) Scanned copy in proof of Earnest Money Deposit indicating UTN No. and date. x) Scanned copy of Power of attorney/directors resolution authorizing a person to sign the tender document. 2. PRICE BID a) Schedule of price bid in the form of BoQ_XXXXX.xls (Will be formulated according to the type of work ) 4

5 ANNEXURE-A Instructions for Online Bid Submission: As per the directives of Department of Expenditure, this tender document has been published on the Central Public Procurement Portal (URL: ). The bidders are required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital Signature Certificates. The instructions given below are meant to assist the bidders in registering on the CPP Portal, prepare their bids in accordance with the requirements and submitting their bids online on the CPP Portal. More information useful for submitting online bids on the CPP Portal may be obtained at: A) REGISTRATION 1) Bidders are required to enroll on the e-procurement module of the Central Public Procurement Portal (URL: by clicking on the link Click here to Enroll on the CPP Portal is free of charge. 2) As part of the enrolment process, the bidders will be required to choose a unique username and assign a password for their accounts. 3) Bidders are advised to register their valid address and mobile numbers as part of the registration process. These would be used for any communication from the CPP Portal. 4) Upon enrolment, the bidders will be required to register their valid Digital Signature Certificate (Class II or Class III Certificates with signing key usage) issued by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / ncode / emudhra etc.), with their profile. 5) Only one valid DSC should be registered by a bidder. Please note that the bidders are responsible to ensure that they do not lend their DSC s to others which may lead to misuse. 6) Bidder then logs in to the site through the secured log-in by entering their user ID / password and the password of the DSC / e-token. B) SEARCHING FOR TENDER DOCUMENTS 1) There are various search options built in the CPP Portal, to facilitate bidders to search active tenders by several parameters. These parameters could include Tender ID, organization name, location, date, value, etc. There is also an option of advanced search for tenders, wherein the bidders may combine a number of search parameters such as organization name, form of contract, location, date, other keywords etc. to search for a tender published on the CPP Portal. 2) Once the bidders have selected the tenders they are interested in, they may download the required documents / tender schedules. These tenders can be moved to the respective My Tenders folder. This would enable the CPP Portal to intimate the bidders through SMS / in case there is any corrigendum issued to the tender document. 3) The bidder should make a note of the unique Tender ID assigned to each tender, in case they want to obtain any clarification / help from the Helpdesk. C) PREPARATION OF BIDS 1) Bidder should take into account any corrigendum published on the tender document before submitting their bids. 5

6 2) Please go through the tender advertisement and the tender document carefully to understand the documents required to be submitted as part of the bid. Please note the number of covers in which the bid documents have to be submitted, the number of documents - including the names and content of each of the document that need to be submitted. Any deviations from these may lead to rejection of the bid. 3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF formats. Bid documents may be scanned with 100 dpi with black and white option. 4) To avoid the time and effort required in uploading the same set of standard documents which are required to be submitted as a part of every bid, a provision of uploading such standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has been provided to the bidders. Bidders can use My Space area available to them to upload such documents. These documents may be directly submitted from the My Space area while submitting a bid, and need not be uploaded again and again. This will lead to a reduction in the time required for bid submission process. D) SUBMISSION OF BIDS 1) Bidder should log into the site well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues. 2) The bidder has to digitally sign and upload the required bid documents one by one as indicated in the tender document. 3) Bidder should prepare the EMD as per the instructions specified in the tender document. The original should be posted/couriered/given in person to the Tender Processing Section, latest by the last date of bid submission or as specified in the tender documents. The details of the any other accepted instrument, physically sent, should tally with the details available in the scanned copy and the data entered during bid submission time. Otherwise the uploaded bid will be rejected. 4) Bidders are requested to note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the prices bid have been given as a standard BoQ format with the tender document, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BoQ file, open it and complete the white coloured (unprotected) Cells with their respective financial quotes and other details (such as name of the bidder). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without changing the filename. If the BoQ file is found to be modified by the bidder, the bid will be rejected. 5) The server time (which is displayed on the bidders dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids etc. The bidders should follow this time during bid submission. 6) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128 bit encryption technology. Data storage encryption of sensitive fields is done. 7) The uploaded tender documents become readable only after the tender opening by the authorized bid openers. 6

7 8) Upon the successful and timely submission of bids, the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details. 9) The bid summary has to be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement may be used as an entry pass for any bid opening meetings. E) ASSISTANCE TO BIDDERS 1) Any queries relating to the tender document and the terms and conditions contained therein should be addressed to the Tender Inviting Authority for a tender or the relevant contact person indicated in the tender. 2) Any queries relating to the process of online bid submission or queries relating to CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk is

8 Annexure-B To, TENDER ACCEPTANCE LETTER (To be given on Company Letter Head) Date: Sub: Acceptance of Terms & Conditions of Tender. Tender Reference No: Name of Tender / Work: - Dear Sir, 1. I/ We have downloaded / obtained the tender document(s) for the above mentioned Tender/Work from the web site(s) namely: as per your advertisement, given in the above mentioned website(s). 2. I / We hereby certify that I / we have read the entire terms and conditions of the tender documents from Page No. to (including all documents like annexure(s), schedule(s) etc.), which form part of the contract agreement and I / we shall abide hereby by the terms / conditions / clauses contained therein. 3. The corrigendum(s) issued from time to time by your department/ organization too have also been taken into consideration, while submitting this acceptance letter. 4. I / We hereby unconditionally accept the tender conditions of above mentioned tender document(s) / corrigendum(s) in its totality / entirety. 5. In case any provisions of this tender are found violated, then your department/ organization shall without prejudice to any other right or remedy be at liberty to reject this tender/bid including the forfeiture of the full said earnest money deposit absolutely. Yours Faithfully, (Signature of the Bidder, with Official Seal) 8

9 FOOD CORPORATION OF INDIA INVITATION OF TENDER NAME OF WORK: Supply of 500 kgs. Capacity fully Electronic Weighing platform scale, surface mounted complete with 600 X 600 mm stainless-steel platform, Load Cells, Digital Weight Indicator along with battery backup at godown complex(s) of the FCI at various centers in Tamil Nadu Region 1. Online tenders are invited under two bid system in the prescribed form and on behalf of the Food Corporation of India for Supply of 500 kgs. Capacity fully Electronic Weighing platform scale, surface mounted complete with 600 X 600 mm stainlesssteel platform, Load Cells, Digital Weight Indicator along with battery backup at godown complex(s) of the FCI at various centers in Tamil Nadu Region. The Technical Bid and Price Bid shall be submitted online ( ) i) TECHNICAL BID with the commercial details should be scanned and uploaded online on the portal ( ) and Earnest Money should be deposited online as prescribed in the Tender Notice. ii) PRICE BID should be submitted online in the provided.xls format. Price Bid will not be opened on the day and time of tender opening. Price Bids of only such tenderers whose technical bids are found acceptable will be opened subsequently on the date and time fixed by the Corporation. The date and time of opening the price bids of technically successful tenderers will be intimated to them separately. 2. The work of supply of electronic weigh scale as detailed in this tender shall be carried out in accordance with the attached instructions to tenderers, General conditions of contract, special conditions for supply, schedule, specifications and addenda, if any. 3. EARNEST MONEY: The tenderer is required to deposit along with technical bid of his tender Earnest Money of Rs 27190/- ( Rupees Twenty Seven Thousand one hundred and ninety only) through NEFT/RTGS in the A/c as detailed in NIT. The details of transaction against payment of Earnest Money has to be scanned and uploaded in PDF format only within the period of bid submission. In case of NEFT/RTGS/ other electronically means the Bidder has to indicate transaction no.(utr No.) of such payments appropriately in the Bid. Earnest Money Deposits in any other form will not be accepted. Tenders not accompanied with the details of online submission of the Earnest Money will be summarily rejected. The Earnest Money shall be liable to forfeiture if the tenderer fails to keep the tender open for acceptance for the stipulated period of 45 days (which can be further extended by 45 days at the sole discretion of the Corporation) or after submitting his tender resiles from/or modifies his offer and/or the terms and conditions thereof in any manner, it being understood by him (tenderer) that the tender document have been

10 made available to him and he is being permitted to tender in consideration of his agreement to this stipulation. The earnest money will also be liable to be forfeited in the event of the tenderer s failure, after the acceptance of his offer, to furnish the requisite performance guarantee by due date without prejudice to any other rights and remedies available to the Corporation under the contract and in law. The earnest money will be refunded or released, as the case may be to the unsuccessful tenderers within 30 days of the award of the contract. In the case of the successful tenderers, the earnest money will be converted into initial security deposit on the issue of the letter of acceptance of the tender. The Corporation will at the time of making any payment to the contractor for the work done or supplies made under the contract, deduct such sum as Security Deposit amount to 5% of the contract value in addition to performance guarantee for each center. No interest will be paid on the Earnest Money or the Security Deposit as the case may be; the maximum value of SD shall be 5% of the tendered amount for each center. 4. Performance Guarantee: The successful tenderer has to deposit an amount be equal 5% of the tendered and accepted value of the work (without any limit) as performance guarantee in the form of:- i) Cash in case of guarantee amount is less than Rs.10,000/- ii) Deposit of Call Receipt/ Banker s Cheque/ Demand Draft/ Pay Order of Scheduled Bank in case the guarantee amount is above Rs.10,000/- and upto Rs. 2Lacs. iii) Fixed Deposit receipt in the name of Food Corporation of India, if the guarantee amount is more than Rs.2 Lacs(Rupees Two Lacs) iv) Government Securities. v) An irrevocable Bank Guarantee Bond of any scheduled bank or the State Bank of India in the prescribed form available at page No. 26 and 27. The time allowed for submission of the performance guarantee by the contractor shall be decided by the competent authority to place work order for a period ranging from 4 to 15 days before the placement of work order depending upon the magnitude and/ or urgency of the work. The date of start of work may accordingly be fixed reckoning it after 7 to 22 days from the date of issue of work order. 5. The Tender documents setting forth details of work to be executed and conditions of contract can be downloaded from website on payment of Rs.525/- & applicable taxes per set against Tender fee to be deposited as prescribed in the Tender Notice from. to.. 6. The tenderer should quote the rates in BoQ. 7. The sale of tender documents will be stopped Four days before opening date of tenders. 8. Technical Bids will be opened at 3.30 P.M. on in the presence of tenderers or their authorized representatives who may wish to be present. 10

11 9. The tenders shall remain open for acceptance for a period of 45 days from the date of opening of the tender. The Corporation however, shall have option to extend the validity of tender for a further period of 45 days. Should the tenderer fail to keep the tender open for acceptance as stated above or if the tenderer withdraws the tender before the expiry of said period or makes any modifications in the terms and conditions of the tender, then the Corporation without prejudice to any other right or remedy will be at liberty to forfeit the Earnest Money. 10. Offers, which are not made on turnkey basis, shall be treated as incomplete/invalid. 11. The tenderer is to submit following documents online along with the Technical Bid: (a) Scanned copy of Certificate of PAN No and Tender Acceptance Letter (b) canned copy of latest valid VAT/Sales Tax/ Works contract Registration certificate from concerned Authorities of the State as applicable. (c) Scanned copy of Licence for manufacturing of electronic lorry weighbridge issued by the State authorities, Model Approval Certificate from Director of Metrology, Govt. of India. (d) Scanned copy of Certificate in respect of successful completion of 80% of the total number of weigh scales (similar jobs in Govt. or PSUs) proposed to be supplied two Nos., whichever is more. Fraction worked 80% of the total Nos. of weighbridges shall be rounded off always on higher side. (e) Scanned copy of Audited balance sheet as documentary proof for having Annual Turnover for a minimum of Rs.2.00 crores during last three years. (f) Scanned copy of License from Weight & Measurement Department of respective States as per Act/Rules for repairing and servicing of LWBs in their own name and agency not having repairing licence in their own name will not be considered. (g) Scanned copy of documents in proof towards the payment of Tender fee indicating UTR no. and date of payment. (h) Scanned copy in proof of Earnest Money Deposit indicating UTR No. and date. (i) Scanned copy of Power of attorney/directors resolution authorizing a person to sign the tender document. 12. Tenderers who have been blacklisted or whom EMD has been forfeited or having adverse report for unsatisfactory completion/ performance and poor after sales & service from FCI, Govt. or Quasi Govt. organizations, its Technical Bid is liable to be rejected. 11

12 INSTRUCTIONS TO TENDERERS 1. The tenderer shall examine carefully all available tender documents consisting of: - Instructions to Tenderers Tender Form General Condition Special conditions. Form of Agreement Technical specifications Schedule; and Addenda, if any. 2. The tender shall be accompanied by necessary plans, illustrations, catalogues or brochures, data, specifications and complete description of equipment offered to enable comprehensive assessment of its merits and performance. 3. The contract documents shall be drawn up in English language. 4. A complete break-up of prices quoted in BoQ. 5. Any corrections made in the tender by the tenderer shall be supported by his signatures there-against. Modification of the tender document is not permissible and tenderers shall not put any condition and conditional tender shall be rejected. 6. It must be clearly understood that the prices quoted in the tender are to include for everything required to be done as detailed in the instructions to Tenderers, General and Special Conditions of contract, Technical specifications and drawings referred to therein and all such works as are necessary for the proper completion of the contract, although specific mention thereof may have been omitted in the Technical specifications or Drawings. 7. The Corporation does not bind itself to accept the lowest or any other tender or to assign any reason therefor and also reserves the right of accepting the whole or part of the work or to split up the works and to assign different items of works to different contractors. The tenderer, shall in such an event, be bound to perform the contract at the rates quoted in the tender for different items/sites of work. 8. The tenderer shall be responsible for securing necessary import licence or customs clearance, permit or permits as may be necessary. The Corporation will not make available any foreign exchange or import licence for this work. 9. Should a tenderer find discrepancies or omissions from the tender documents or should additional information or clarification be required, he shall at once notify the concerned Asstt.General Manager (E/M)/ Deputy General Manager (Engg)/General Manager (TN), Food Corporation of India, Regional Office, Chennai in writing, who will then issue an addendum in that regard to all the tenderers if considered necessary. Such information shall be submitted immediately before the date fixed for opening of tenders. No oral interpretations shall be made or be considered binding and all addenda shall be listed in the tender form and become part of the contract documents. 10. The contract and its operation shall be governed by the laws of India for the time being in force. Irrespective of the place of delivery of equipment/materials, the place of execution of works or place of payment under contract, the contract shall be deemed to have been entered into at. within the ordinary civil jurisdiction of the Courts of.. 12

13 11. Telegraphic offers will be treated as defective and invalid and shall be rejected. Only detailed complete offers made on turnkey basis will be considered. No amendments, revisions and/or alterations of the tender will be permitted after the opening of tenders. 12. Every page of the tender shall be signed by the tenderer with seal. 13. In the event of tenders being submitted by a firm, it must be signed separately by each constituent partner thereof or in the event of the absence of any partner it must be signed on his behalf by a person holding a power of attorney from him authorizing to do so. 14. Canvassing in connection with the tender is strictly prohibited and the tender submitted by the contractor who resorts to canvassing in any form shall be liable to rejection and the contractor(s) may even be forbidden from future tendering for the Corporation works through appropriate action. 15. The tenderer should possess requisite licence and Model Approval Certificate issued by the Director of Metrology, Govt. of India, New Delhi. Copy of such licence(s) issued by the State authority and Model Approval upto 500 Kgs should be furnished with the Technical Bid. 13

14 NOTE :- To, FORM OF TENDER Tenderers are required to fill in the blank spaces In this Tender form & submit the same. The General Manager (TN), Food Corporation of India, Regional Office Tamil Nadu Region Chennai With reference to the invitation to tender and having examined the tender documents and instructions to the tenderers & addenda etc. and having satisfied ourselves in regard to the duties required, we, the undersigned offer to execute and guarantee the complete work relating to the Supply of 500 kgs. Capacity fully Electronic-type Weighing platform scale, surface mounted complete with 600 X 600 mm stainless-steel platform, Load Cells, Digital Weight Indicator along with battery backup at godown complex(s) of the FCI at various centers in Tamil Nadu Region in conformity with the said tender documents at prices indicated in the price schedule enclosed. 1. We are also submitting herewith the prescribed schedules duly completed and signed. 2. We enclose herewith one set of detailed description, specifications and basic data of equipment and machinery along with drawings and supporting calculations as required. 3. If our tender is accepted, we undertake to complete the whole work comprised in the contract to the satisfaction of the Corporation as per the schedule mutually agreed upon with the Corporation calculated from the 7th day of issuance of the written order to commence work. 4. If this tender is accepted, we further undertake to enter into and execute at our cost, when called upon by the Corporation to do so, a contract agreement in the prescribed form. Until such time the contract agreement is executed the invitation to tender, instructions to tenderers, general and special conditions of contract, specifications, schedules, drawings and tender documents together with the acceptance thereof with such modifications as have been mutually agreed upon in writing shall govern the rights and obligations of the contractor and the Corporation. 5. We agree to abide by this tender and to keep the tender open for acceptance for a period of 45 days from the date of opening of the same and for further period of 45 days at the discretion of the Corporation under the related clause No. 9 (Section A) of invitation to tender. 6. We have deposited as earnest money a sum of Rs... (Rupees.Only) vide RTGS/NEFT transaction No. (UTR No.)...dated. 14

15 7. We agree that if we resile from or modify or withdraw the offer to execute the work at the tendered rates before the expiry of the period as mentioned in para 5 above, the amount deposited as Earnest Money shall be liable to forfeiture at the option of the Corporation. 8. If our tender is accepted, we agree to convert EMD to SD and further agree for recovery of balance SD from running bills subject to maximum of 5% of contract value for each center. 9. We agree to deposit performance 5% of contract value for each center before issue of work order. 10. We agree to the deduction of the security deposit from all progressive bills (including final bill if necessary). 11. We agree that FCI is not bound to accept the lowest tender or any tender you may receive and may reject all or any tender without assigning any reason. We further agree that FCI reserves the right to accept the whole or part of the tender and in such an event; we shall be bound to perform the contract at the same rates quoted for the different items of work. We understand that the Corporation reserves the right to increase or decrease the number of weighscale up to 50% (however the deviated quantity shall be rounded to next higher whole number) of the number for which the order is placed on us, on the same terms and conditions within six months from the date of acceptance. Dated this..day of..20 SIGNATURE.. IN THE CAPACITY OF DULY AUTHORISED TO SIGN TENDERS FOR AND ON BEHALF OF.. (In Block Capitals) WITNESSES: OCCUPATION: ADDRESS:. 15

16 GENERAL CONDITIONS Definitions and Interpretations: In this contract (as hereinafter defined) the following words and expressions shall have the meaning hereby assigned to them unless the contract ascribes a different meaning. 1.1 Corporation means the Food Corporation of India, established under the Food Corporations Act, 1964 (Act 37 of 1964) and includes any of its officers duly authorized in writing by the Managing Director subject to any conditions as may be prescribed in such authorization. 1.2 Managing Director or C& MD means the Managing Director of the Corporation 1.3 ED (S) means the Executive Director, Zonal office (south) of the Corporation. 1.4 General Manager (TN) means the General Manager, Tamil Nadu Region of the Corporation. 1.5 Contractor means the individual firm or company whether incorporated or not, with whom the contract is entered into and includes the heirs, executors, administrators or successors, permitted assignees or legal representative as the case may be, of such individual firm or company, and further includes the terms successful tenderer. 1.6 Sub-contractor means any person, firm or company or Corporation having a contract for the execution of a part or parts of the work included in the Contract and a person, firm, company or Corporation furnishing the machinery or equipment called for in the contract and worked to a special design according to the specifications and also a person, firm, company or Corporation erecting the machinery or equipment under the contract. 1.7 Other Contractor or Others means any person or firm or company or Corporation employed by or having a contract directly or indirectly with the Corporation otherwise than through the contractor. 1.8 The expression Contract means the documents forming the tender and acceptance thereof and includes the invitation to tender, Instructions to tenderers, formal agreement executed between the Corporation and the Contractor, general conditions of contract, special conditions for supply, installation & commissioning including civil works together with documents referred to therein, technical specifications, schedules and drawings. 1.9 Tender means the offer made by an individual firm/firms or company/companies for the execution of the works Tenderer means the Firm / Firms or Company/ Companies submitting a tender. 16

17 1.11 Acceptance of Tender means the letter or memorandum from the Corporation communicating to the tenderer the acceptance of his tender Contract Price means the total and all inclusive sum named in the acceptance of tender subject to such additions thereto or reductions there from as may be made under the provisions hereinafter contained Work, Works, or Plant means and includes the supply installation and commissioning of plant, equipment and machinery and all connected Civil Engg. and other items of work on turnkey basis specified or set forth and required in and by the specifications, drawings and other documents which form part of this contract or to be here after specified or required in such further explanatory instructions, drawings, etc. as shall from time to time during the progress of the work, be given by the Corporation Equipment(s) means all kind of machines or apparatus or appliances both mechanical and electrical including fabrication of any kind at workshops or at site which the contractor has contracted to procure, supply and install at his cost according to the terms of the contract Drawings means the drawings referred to in the tender documents including any modifications of such drawings approved in writing by the Corporation and such other drawings as are made from time to time and furnished by the Contractor to the Corporation Site means the actual place or places at which the equipment/ machinery is to be delivered or where the installation/construction work is to be done by the contractor together with so much of the area surrounding the said place or places as the Contractor shall, with the consent of the Corporation, actually use in connection with the works otherwise than merely for the purpose of access to the said place or places Approved means approved in writing including subsequent written confirmation of previous verbal approval and approval means approval in writing including as aforesaid Scheduled Bank means a bank included in the second schedule to the Reserve Bank of India Act, 1934 or modifications thereof Month means calendar month Unit means metric unit Test means such tests as are prescribed by the specifications or by the Corporation. 2.0 Forfeiture of earnest money: The earnest money deposited by the tenderer in terms of para 3 of the Invitation to Tender may be forfeited at the option of the Corporation in case the tenderer should resile from or modify or withdraw his tender before the expiry of 45 days 17

18 and further extended period under para 9 of the Invitation to the Tender from the date of opening of the tender or fail to deposit the initial security deposit prescribed in para 3 of the Invitation to Tender, and it being understood that the tender documents have been made available to the tenderer and the tenderer is being permitted to tender in consideration of his agreement to this stipulation. If the tenderer whose tender considered for acceptance fails to furnish the prescribed Performance Guarantee within prescribed period, the EMD will be absolutely forfeited by the Food Corporation of India. 3.0 Security Deposit: 3.1 Security Deposit will be collected by deduction from the running bill of the 5% of the contract value without limit in addition to the performance guarantee. 3.2 All compensation, damages and/or other sums of money payable by the Contractor under the terms of this contract may be deducted from his security deposit or from any sums which may be or may become due to the contractor by the Corporation or any Govt. of India Department or Undertaking on any account whatsoever. In the event of the security deposit being reduced by reason of any such deduction as aforesaid the contractor shall within ten days from the date of such deductions make good the amount in cash. 4.0 Refund of Security Deposit: Subject to the other terms and conditions of this contract, the amount of security deposit will be refunded to the contractor after adjusting over-payments with interest (to be decided at the relevant time in accordance with prevalent Bank rate of interest for overdraft at that time), if any, and after the final bill has been paid and a No demand Certificate is furnished after completion of guarantee period. 5.0 Forfeiture of security deposit: The said security deposit shall be liable to forfeiture at the option of the Corporation, if the contractor fails to carry out the work or perform or observe any of the conditions of the contract including the obligations under the guarantee. The Corporation will also be at liberty to deduct from the security deposit or any sum payable to the contractor under this or any other contract with the contractor such sums as may become due to the Corporation. 6.0 Performance Guarantee;- 6.1 The successful tenderer, hereafter referred to as the contractor, shall deposit an amount equal to 5% of the tendered and accepted value of works (without limit) as performance guarantee. Performance guarantee shall be collected before issue of formal work order for commencement of the work within the time limit as mentioned under para 4 of Invitation to Tender. 18

19 6.2 Refund of Performance Guarantee: Subject to the other terms and conditions of this contract, the amount of performance guarantee will be refunded to the contractor after adjusting overpayments with interest (to be decided at the relevant time in accordance with prevalent Bank rate of interest for overdraft at that time), if any, and after the final bill has been paid and a No demand Certificate is furnished after completion of guarantee period. 6.3 Forfeiture of Performance Guarantee: The said performance guarantee shall be liable to forfeiture at the option of the Corporation, if the contractor fails to carry out the work or perform or observe any of the conditions of the contract. 7.0 Charges, Taxes, Duties, Exchange Rate, Royalties, Patent Rights and other liabilities: 7.1 Charges, Taxes: 7.2 Duties: The contractor shall defray all charges, such as rent, toll, local taxes, other payments and compensations, if any, in connection with the procurement and handling of equipment, materials, fabrication of the plant, machinery or any method of process connected with the works or temporary works. All these charges/taxes including Service Tax, if applicable, shall be borne by the contractor and shall be deemed to be included in the tendered amount and the Corporation shall not make any payment separately for such charges. All import, customs, excise duties, payable in respect of any plant and materials to be incorporated in the work covered by the contract shall be included in the tendered amount. The contractor shall submit along with the tender a complete list of all materials and equipment, which he considers necessary to import into India for the purpose of this work. It is the responsibility of the tenderer to arrange the required foreign exchange on his own. The Corporation will have no liability on this account. No claim of the tenderer will be entertained for the purpose of reimbursement of any such duties. 7.3 Sales Tax: The amount of Central/State Sales tax/vat, if any, paid by the Contractor on the supplies to be made under this contract shall be shown separately with or without C Form and FCI may issue Form C to avail concessional rate of Sales Tax. 7.4 Transportation and Insurance: State wise Freights, packing, forwarding and insurance charges on imported/indigenous items up to work site shall be arranged and paid by the 19

20 contractor and his tendered amount shall separately indicate these charges. It will be the responsibility of the contractor to arrange comprehensive insurance, packing, forwarding, covering storage and erection period of the equipment, at his own cost, till the same is commissioned and handed over to Corporation. The contractor shall furnish the insurance cover in this regard to the Corporation at the time of making supplies/submitting bills for payment. The transportation cost will be considered for evaluation of bid. 8.0 Bye Laws of Local authorities: a) The contractor shall conform to the provisions of any Government Acts, which relate to works and to the regulations and byelaws of any local authorities. The contractor shall give all notices required by the said Acts or laws, etc. and pay all fees payable to such authorities and allow for these contingencies in his tendered rates including fees for encroachments, costs of restorations, etc., and all other fees payable to the local authorities. b) The contractor shall keep the Corporation indemnified against all penalties and liability for every kind of breach of any Act, Rules, Regulations or Byelaws in force at the site. 9.0 Constitution of the Firm: 9.1 Where the contractor is a partnership firm, a new partner shall not be introduced in the firm except with the previous consent in writing of the Corporation, which may be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract prior to the date of such undertaking. 9.2 On the death or retirement of any partner of the contractor firm before complete performance of the contract, the Corporation may, at its option, cancel the contract and in such case, the contractor shall have no claim whatsoever to compensation against the Corporation. 9.3 If the contract is not determined as provided in Clause 17.2 above notwithstanding the retirement of a partner from the firm, he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under section 32 of the Partnership Act has been sent by him to the Corporation by registered post acknowledgement due Address of the contractor and notices and communications on behalf of the Corporation For all purposes of the contract, the address of the contractor mentioned in the tender shall be the address to which all communications addressed to the contractor shall be sent, unless the contractor has notified a change by a separate letter containing no other communication and sent by registered post acknowledgement due to the Corporation. The contractor shall be solely responsible for the consequence of any omission to notify a change of address in the manner aforesaid. 20

21 10.2 All communications and notices may be served on the contractor either by registered post acknowledgement due or under certificate of posting or by ordinary post or by hand delivery Authority of person signing contract, and bill on behalf of the contractor In the event of the tender being submitted by a firm or a company, the tender and the contract must be signed by each member or partner thereof or in the event of absence of any partner it must be signed on his behalf by a person holding a power of attorney authorizing him to do so, such power of attorney to be produced with the tender The partnership deed and a true copy thereof shall be submitted along with the tender and it must disclose that the firm or company is registered under the Indian Partnership Act or similar legislation in the country to which the contractor belongs The contractor shall explicitly nominate his representative who shall be authorized to accept recording of measurements of work done for the purpose of making payment and accepting the bills of payment. The acceptance of the measurements and the bills by such nominated representative shall be wholly binding on the contractor. Any change in such nomination shall be intimated to the Corporation immediately on the occurrence of such change in writing by all the Partners/Directors of the Firm or Company Receipts for such payments made on account of the work when executed by a firm or a company, must be signed by several partners except where the contractors are described in the tender or the partnership Deed or Company Deed as a firm or company in which case the receipts must be signed in the name of the firm or company by one of the partners or directors or by some other person having authority based on the partnership Deed to give effectual receipts on behalf of the firm. Notwithstanding anything contained in the partnership Deed or in the Company Deed the above named persons will have the authority to give effectual receipts on behalf of the firm throughout the entire period of the contract. No change in the name or designation of the persons having authority to give effectual receipts for the firm or company will be admitted by the Corporation unless such a change is demanded in writing by all the partners of the firm or directors of the company without any exception Annual Maintenance;- The Annual Maintenance Contract (AMC) of weighscales will be done by concerned Area Manager after guarantee period. 21

22 SPECIAL CONDITIONS NAME OF WORK:- Supply of 500 kgs. Capacity fully Electronic Weighing platform scale, with battery backup at godown complex(s) of the FCI at various centers in Tamil Nadu Region. 1.0 Extent of contract: The contract comprises of design, manufacture, delivery, tests, installation, stamping, commissioning, guarantee of the works,. 2.0 Time for completion and time extension: 2.1 Total time stipulated: The total time stipulated for completion of all the works upto the date of issue of Taking over certificate shall be indicated by the Regional Office of FCI, taking into consideration the quantity of Weighscales to be ordered. 3.0 Payment Terms: 3.1 All payments under the contract will be made in Indian currency by cheque or demand draft on a branch of the State Bank of India or any nationalized bank transacting Govt. business. Payment to the contractor will be made on submission of bills in accordance with the following procedure and after deducting security deposit. A. For equipment: i) 100% of the cost of equipment quoted (inclusive of all the taxes, duties, packing, forwarding, transportation, octroi, Insurance etc.) after deducting Security Deposit on production of following documents mentioned from (a) to (g) and completion of civil works as mentioned at Sl. No. (h) below: a) Evidence of receipt of equipment at site. b) Signed bill/ invoice in triplicate. b) Packing list. c) FCI s officers inspection certificate at site of delivery. And Taken over certificate. d) Manufacturer s test certificate(s) including test report of the load cells manufacturer. 22

23 3.2 Period of Guarantee: The period of guarantee on weigh scale including load cells shall be 12 months from the date of taking over certificate. In case of break down or major defects which cause complete dislocation of scale operation and the machine is not attended to and rectified within a period of 2 days (Two) from the date of receipt of intimation by the firm or its branch office, a genuine pre-estimated Rs.500/- per day for the number of days for which the machine remains out of operation, will be levied on the firm subject to the maximum of 10% of the value of the contract per site during guarantee period as detailed above. 3.3 Failure to rectify defects: Failures to rectify any defects or replace such equipment or material, which shall have been notified to him in writing during the period of guarantee, it shall be deemed a breach of contract and the Corporation shall take appropriate action including recovery from Performance Guarantee and Security Deposit. 3.4 Replacement:- In respect of equipment replaced under the terms of guarantee, the period for which such equipment shall be individually guaranteed shall extend to six months from the date of renewal or to the end of the Guarantee period whichever is later. Trials and tests conducted after replacements and renewal shall be governed by Clause Contract valid during Guarantee period: This contract shall remain valid and in force until the date on which the guarantee period terminates. 3.6 Service during guarantee period During the guarantee period the technician of the contractor should visit on quarterly basis to undertake servicing of weigh scale even if no complaint reported from the depot authorities. 4.0 Certificate of taking over: If no deficiencies or faults are found and the machinery installation and related structures are in a position to function without break down at rated capacities, the date of establishment of this record shall be considered as the date of Taking Over by the Corporation. The Corporation shall issue a certificate of Taking Over of works in the form prescribed only after the stamping and verification of the weighbridge by the Weights & Measures Department of the respective State is got done by the contractor and including completion of all other works of the contract Two sets of spare parts catalogue shall be supplied for each of equipment. The contractor shall guarantee the availability of all necessary spares for a minimum period of 10 years from the date of supply of equipment. 23