MODEL TENDER FORM FOR

Transcription

1 FOOD CORPORATION OF INDIA DISTRICT OFFICE, NAGAON. MODEL TENDER FORM FOR SUPPLY OF WOODEN CRATES TECHNICAL BID

2 DISTRICT OFFICE::STEAMERGHAT ROAD::NAGAON F ax / Tele File:D.20(4)/STG/ /Part-II Dated: NOTICE INVITING TENDER (THIRD CALL) Sealed tenders under two bid system are invited from reputed Manufacturers/firms having necessary State forest department s certificate/license for making wooden products and which are registered with Sales Tax Department for the purchase of wooden crates, darmamets for the use of Dunnage at various storage Centers of FCI, District Office, NAGAON in the following quantity : Name of the work Supply of wooden crates darmamets 4 ft. X 5 ft. Estimate Value of Contract (in Rs.) Earnest Money (in Rs.) Submission of filled in Tender Documents 1,00,000/- 2,000/- Upto 2.00 pm on Opening of Technical Bids online at DO, NAGAON At 3.00 pm on Tender Forms can be obtained from District Office NAGAON from to during working days and working hours. The cost of tender form i.e. Rs. 525/- (Rupees Five Hundred Twenty Five only) inclusive of taxes along with the EMD should be deposited through NEFT/RTGS/Other electronic means or by way of DD/ Banker s cheque. In case the payment made by electronic means, then the copy of Bank Acknowledgement receipt with UTR Number duly signed and stamped issued by remitting bank is to be submitted with the Technical Bid. A sample of wooden crates, darmamets also has to be submitted within up to 2.00 PM. Any tender without sample will be rejected. No Negotiation will be conducted with any of the bidders who participate in this tender Sd/- AREA MANAGER

3 NO. D.20(4)/STG/ /Part-II Dated: DETAIL NOTICE INVITING TENDER (THIRD CALL) For and on behalf of Food Corporation of India, Area Manager, FCI, District Office, NAGAON invites tenders under two bid systems for supply of wooden crates. Required wooden crates at the locations mentioned in MTF and the parties should be capable for supplying specified quantity of wooden crates strictly as per FCI specifications and delivery schedule during the contract period. The Corporation reserves the right to increase/ decrease the quantity of crates. The wooden crates for which order are placed with the successful tenderers would be as per requirement mentioned below shall have to be supplied as per delivery terms. 1. The Technical bid must be accompanied by an EMD of Rs 2,000/-(Two thousand only) should be deposited through NEFT/RTGS/Other electronic means Copy of Bank Acknowledgement receipt with UTR Number duly signed and stamped issued by remitting bank is to be uploaded with the Technical Bid. Bank details for depositing the EMD and Quotation Cost. BENEFICIARY NAME : FOOD CORPORATION OF INDIA BENEFICIARY BANK : STATE BANK OF INDIA BRANCH : SBI, NAGAON BRANCH FCI C.C.ACCOUNT No. : IFSC CODE : SBIN BRANCH CODE : The payment made through NEFT/RTGS/Other electronic means on or before the last day of submission of technical bid. Tenders not accompanied by earnest money in the prescribed form shall be summarily rejected. 2. Tender Forms are available at FCI,DO,NAGAON from to during working days and during working hours. The amount of Rs.525/- (Rupees five hundred twenty five only) inclusive of taxes, has to be paid by tenderer electronically towards tender document fee as done in case of EMD and the deposit of tender document fee will have to be done along with EMD. Submission of filled in Tender Documents and sample of wooden crates is up to 2.00 PM on Any tender without sample will be rejected. The technical bids will be opened on at 3.00 PM in FCI District Office, NAGAON. 3. The instructions to be followed for submitting the tender are set out below:

4 a) The tenderer must fill up and sign the forwarding letter in the format given in Appendix-I and also furnish full, precise and accurate details in respect of information asked for in Appendix-II attached to the form of tender. The filled and signed appendices I and II are to be submitted. Detailed instructions to bidders are available at Annexure-A of MTF. Bidders are requested to read the instructions contained therein carefully & meticulously for submission of bids. b) Signing of tender (i) The authorized signatory signing the tender shall state in what capacity he is, signing the tender, e.g. as sole proprietor of the firm, or as a secretary/manager/director etc., of a Limited Company. In case of partnership firm, the names of all partners should be disclosed and the tender shall be signed by all the partners or by their duly constituted attorney, having authority to bind all the partners in all matters pertaining to the contract. The original or an attested copy of the registered partnership deed should be submitted along with the tender. In case of limited company, the names of all the Directors shall be mentioned, and a copy of the Resolution passed by the Company authorizing the person signing the tender to do so on behalf of the company shall be scanned and uploaded along with a copy of the Memorandum and Articles of Association of the Company. (ii) The authorized signatory signing the tender, or any documents forming part of the tender, on behalf of another, or on behalf of a firm shall be responsible to produce a proper Power of Attorney duly executed in his favour, stating that he has authority to bind such other person, or the firm, as the case may be, in all matters, pertaining to the contract. If the authorized signatory so signing the tender fails to produce the said Power of Attorney his tender shall be summarily rejected without prejudice to any other right of the Corporation under the law and EMD paid by him/her will be forfeited. The hard copy of Power of Attorney will be submitted by the successful tenderer at the time of awarding of the contract. (iii) The Power of Attorney should be signed by all the partners in the case of a partnership concern, by the proprietor in the case of proprietary concern, and by the person who by his signature can bind the company in the case of a limited company. The Power of Attorney duly signed should be scanned & uploaded. 3. The samples of the wooden crates will be get verified from Forest office and the tenderer should be able to produce the requisite documents desired by Forest department during inspection of sample and at the time of delivery. Inspection of the crates before delivery will be done jointly by FCI team of DO/NAGAON and Forest Department of Assam. The successful firms should have sufficient space for keeping the Crates at the inspection site. 4. The offers shall remain open for acceptance for 45days from the date of opening of the Technical Bid. However, FCI reserves the right to extend this period by

5 another 30 days at its discretion, which shall be binding on the Tenderer. Thereafter this period may be further extended by the parties on mutual consent. Any Tenderer not keeping the offers open for the prescribed period shall be summarily rejected and his EMD shall be forfeited. 5. If the date of opening of the tender is declared as holiday the Tender will be opened on the next working day at the same time and venue. 6. Tenders not accompanied by prescribed Earnest money will be summarily rejected. 7. The earnest money will be returned to all unsuccessful tenderers within a period of 30 days from the date of issue of acceptance letter. No interest shall be payable on Earnest Money, in any case. 8. Incomplete offer/offers not conforming strictly in the manner prescribed / offer not submitted on prescribed Tender Form or late/delayed tender shall not be considered and shall be summarily rejected. 9. Conditional Tenders will be summarily rejected and the EMD will be forfeited. 10. There would be no post tender negotiations. 11. Date of opening of Price Bid of only technically qualified Tenderers shall be intimated separately. 12. FCI reserves the right to accept or reject any or all tenders without assigning any reason/notice whatsoever and are not bound to accept the lowest tender. FCI also reserves the right to scrap the tender enquiry at any stage without assigning any reason and FCI will not be liable for any costs and consequences incurred by the intending tenderer. 13. The Corporation does not bind itself to accept the lowest or any tender and reserves to itself the right to accepting the whole or any party of the tender or portion of the quantity offered and the tenderer shall supply the same rate quoted. Sd/- AREA MANAGER

6 FROM: The Area Manager, Food Corporation of India, District Office, NAGAON (ASSAM), TO: M/S/Shri Dear Sir, For and on behalf of the Food Corporation of India, Area Manager, FCI, DISTRICT OFFICE,NAGAON invites sealed tenders under two bid systems for supply of wooden crates as per requirement (detailed in the Appendix-V attached to the tender form enclosed). If you are in a position to quote for supply in accordance with the requirement (stated in the appendixes) please submit your quotations to this office on the prescribed tender form attached. The parties who are registered under the state sales tax act or central sales tax act should only offer the tender duly indicating the registration no. on the tenders. The terms and conditions governing the supply are given in Appendix-I. The instructions to be followed for submitting the tender are set out below: - 1. The tender forms may be obtained from FCI, DO, NAGAON till the stipulated period. The amount of Rs.525/- (Rupees five hundred twenty five only) inclusive of taxes, has to be paid by tenderer electronically. 2. Particulars and specifications: The stores shall comply and confirm to the specifications given in the Appendix V of tender. 3. Preparation of Tender: a) The tenderer should submit the tender documents, including invitation to tender intact, without detaching any page or pages, duly filled in/completed and signed on each page of Tender Form including the schedule. b) In the event of the space on Appendix V form being insufficient for the required purpose, additional pages may be added. Each such additional page must be numbered serially, bear the tender no. and be fully signed by you. In such cases references to the additional pages must be made in the tender form. c) If any modification of the schedule is considered necessary, you should communicate the same by means of a separate letter sent with the Tender. 4. Signing of Tender: a) The tender is liable to be ignored if complete information is not given therein or if the particulars and date (if any) asked for in the Appendix III & IV to the tender are not fully filled in. Particular attention must be paid to delivery dates and also to be particulars referred to in the conditions of the contract Appendix-I as supply has to comply with them.

7 b) The persons signing tender or other documents connected with a contract must specify in what capacity he or she is singing the tender along with seal. 1) Whether signing as a sole proprietor of the firm or his attorney. 2) Whether signing as a registered active partner of the firm or his attorney. 3) Whether signing for the firm per procurationem. 4) In the case of companies and firms registered under the Indian Partnership act the capacity in which signing, e.g. Secretary, Manager, Partner, etc. or their attorney and produce copy of document empowering him to do so, if, called upon to do so. NOTE: - IN THE CASE OF UNREGISTERED FIRMS ALL THE MEMBERS OR ANY ATTORNEY DULY AUTHORISED BY ALL OF THEM OR THE MANAGER OF THE FIRM SHOULD SIGN THE TENDER AND OTHER SUBSEQUENT DOCUMENTS. 5. Earnest Money: Each tender must be accompanied by an earnest money of 2% of estimated cost of the contract which should be deposited through NEFT/RTGS/Other electronic means Copy of Bank Acknowledgement receipt with UTR Number duly signed and stamped issued by remitting bank is to be submitted with the Technical Bid. Tenders not accompanied by earnest money will be summarily rejected. The earnest money shall be liable to forfeiture if the tenderer after submitting his tender, resiles from his offer and/or modifies the terms and conditions thereof in any manner, it being understood that the tender documents have been made available to him and he is being permitted to tender in consideration of his agreement to this stipulation. The earnest money is also liable to be forfeited in the event of the tender s failure after the acceptance of his tender to furnish the requisite security deposit by the due date without prejudice to any other rights or remedies of the Corporation under the contract and law. Earnest money will be returned to all the unsuccessful tenderer as soon as practicable after decision on tenders and to successful tenderer after he has furnished a security deposited by the successful tenderer does not desire the same to be adjusted towards the security deposit. No interest shall be payable on the amount of earnest money in any case. 6. Security Deposit: (a) The successful tenderer shall furnish within 7 days of the acceptance of his tender, a security deposit of 7% of the value of the contract. (b) The security deposit shall be deposited in favour of the Area Manager Food Corporation of India, District Office NAGAON, Assam as mentioned in Appendix II. (c) The security deposit furnished by a tenderer would be subject to the condition that the Corporation is not held responsible for any loss that may result from the failure of the Bank or from any other cause. (d) The Corporation will not be liable for payment of any interest on the security deposit or any depreciation thereof for the time it is held by the Corporation. (e) The successful tenderer will ensure that the necessary documents authorizing the person who has signed the tender to bind his firm or the company has been filled or registered with the appropriate authorities. (f) If the successful tenderer had previously held any contract and furnished security deposit: the same shall not be adjusted against this tender as a security deposit under sub clause (a) above and a fresh security deposit will be required to be furnished. 7(A).(a) Documents attached to tenders income tax clearance certificate and attested copies of

8 partnership deed and a power of attorney must be submitted by the tenderer along with the tender. After a final decision about the tender is taken the successful tenderer shall produce original partnership deed and power of attorney with in (seven days) of the acceptance of tender failing which corporation will be entitled to cancel the contract at the risk and cost of the tenderer. However as regards income tax clearance certificate if he is not in a position to attach it, an undertaking should be given stating that it would be furnished within 15 days from the date of submission of tender/acceptance of tender b) Tenderer should submit the tender documents including invitation to tender intact, without detaching any page or pages duly filled in completed and signed on each page of tender form including the schedule of rates. c) Partnership firms shall furnish individual income tax clearance certificate relating to all the partners in additional to the certificate relating to the firms themselves. If however the income tax clearance certificate cannot be furnished with in the tender, the tenderer must undertake to furnish within 15 days from the date of submission of tender/acceptance of tender. d) In the case of a business concern, owned by a Hindu undivided family, individual income tax clearance certificate relating to each member of the family will not be necessary, provided no member of the family is doing any independent business separately. The karta of the family will be required I. Either to forward a declaration, duly attested by the first class magistrate to the affect that none of the family member is doing any independent business: or II. To furnish the name of the family members doing separate independent business together with their individual income tax clearance certificate. If the income tax clearance certificate cannot be furnished along with the tender an undertaking tom furnish the same within 15 days from the date of submission of tender/acceptance of tender must be furnished e) In the case of newly formed constituted firms income tax clearance certificates shall be furnished in respect of each partner/person constituting the firm. f) Tender not accompanied by all the scheduled/annexure, intact and duly filled in signed may be ignored g) The income tax clearance certificate to be attached to the tender must be filled in by the tenderer in all details and signed by him. The certificate must also be counter singed by the income tax officer concerned. Any certificate not completed as above shall be regarded as unsatisfactory and if the certificate indicates that income tax is not paid regularly by the tenderer or it is defective in any other way or the certificate is not submitted within the prescribed period the tender will be ignored or if a contract has been placed the Area Manager, Food Corporation of India, District Office, NAGAON shall be entitled to cancel the contract and make other arrangements at the risk and expenses of the contractors the decision of the General Manger(R), FCI, Assam region in this respect shall be final. h) The firms who had submitted the income tax clearance certificate previously are also required to furnish a fresh certificate, if more than one year had elapsed from the date of the issue of the previous certificates. 7(B). Delivery of Tender: a) The technical bid and price bid shall be submitted in separate sealed envelopes being

9 clearly subscribed as a technical bid and price bid. Both these envelopes, the inner envelope being subscribed as tender no. for the outer cover shall be addressed to the Area Manager, Food Corporation of India, District Office, NAGAON, without any indication that a tender is contained inside. Tenders which do not comply with this instruction shall be summarily rejected. Out station tenders are advised to send their tenders by registered post. b) The tenderers shall submit the tender in two separate sealed covers duly complete in all respect VIZ. one for technical bid and other for price bid (duly subscribed) and putting both the bids in one double sealed cover for the said cover c) Both the technical and price bid shall be submitted simultaneously, as stated above. d) The name of work and words TECHNICAL BID only and PRICE BID only as the case may be clearly written on top of respective (cover) envelope. e) Technical bid shall be accompanied by earnest money of 2% of estimated cost of the contract by demand draft or pay order of any scheduled bank in favour of Area Manager, Food Corporation of India, District Office, NAGAON. f) All credentials, documents and copies of certificates/information called for would be submitted as per tender paper with the technical bid g) The technical bid only shall be opened first, on the due date and time specified in the presence of the tenderer (or their authorized representative who will remain present). The price bid of only those tenderer shall be opened whose technical bid are found to be acceptable, the time of date of opening of price bid shall be fixed and intimated to them. h) Scrutiny of the technical bid shall be done Area Manager concerned, in consultation with departmental committee. Necessary clarification required by the corporation shall be furnished by the tenderer with in the time given by the corporation for the same. i) It should be clearly understood by the tenderer that no opportunity shall be given to them to modify/withdraw offer at any stage. j) The tender form shall be filled in by the tenderer clearly, neatly accurately. Any alteration, erasures or overwriting would make the tender invalid unless the same are neatly carried out and attested over the full signature of tenderer. 8. Last Hour for Receipt of Tenders: Your tender must reach this office not later than as mentioned in the schedule to tender. 9. Period for which the offer will remain open: i) Firms tendering should note the period for which it is desired that their offers should remain open for acceptance. If the firms are unable to keep their offers open for the specified period they should specifically state the period for which their offers are open but they must realize that such provision may prevent their offers from being considered. ii) Quotations qualified by such vague and indefinite expressions such as subject to immediate acceptance subject to prior sale etc. will not be considered. 10. Opening of Tender: You are at liberty to be present or authorize a representative to be present at the opening of the tender at the specified time and date. 11. (i) Prices: The prices quoted must be net per crate on F.O.R basis, at the concerned depot of the F.C.I. and should be inclusive of sale tax and all other taxes. The price must be clearly shown in figures and words in Indian currency.

10 (ii) The parties offering stocks from outside Assam should however, indicate, the amount of central sales tax subject to furnishing of form C by FCI separately. (iii) It shall be lawful for the corporation to alter by mutual consent at any time and from time to time the specifications and as from the dates specified by him stores to be supplied shall be in accordance with such altered specifications, patterns and drawing provided that if any such alterations, involved increase or decrease in the cost of or in the period required for production, a revision of the contract price and/or of the period prescribed for delivery shall be made by agreement in respect of the Stores to which the alteration applies, in all other respects the contract shall remain unaltered. 12. Delivery Terms: (A) The terms of the delivery of the crates will be as per Appendix IV. If, however, it is not possible for you to effect delivery of the crates within the period stated, please note in the prescribed appendix V to the Tender Form annexed, the date by which you can guarantee to deliver the crates. The corporation reserves the right in its soul and uncontrolled discretion to increase /decrease the quantity of crates. The supplier shall not be entitled to any revision of rates on account of such deviation. The wooden crates for which orders is placed with the successful tenderers as per requirement shall have to be supplied as per delivery terms. (B) The parties should be capable for supplying of wooden crates strictly as per F.C.I specifications and delivery schedule during the contract period 13. Sample: Samples of what you offer to supply be provided by you, free of cost to the corporation, as detailed in the schedule to tender. Each sample should have a card affixed to it with:- a) your name and address b) tender number c) date of opening of the tender d) Any other description if necessary written clearly on it. The cost and freight of sending the samples shall be borne by you and there will be no obligation on the part of the receiving officer for their safe custody. Samples received late are liable to be ignored. QUOTATION WITHOUT SAMPLES ARE LIABLE NOT BE CONSIDERED Samples submitted with tenders which have not been accepted will, if they have not been destroyed during testing, be delivered to your representative if he call for them or can be returned direct to you at our cost provided the application for return is made to the officer to whom samples are sent within one month of the tender or after notifications of cancellation of demand. If no specification is received within the due date the corporation will have no obligation for the return of the samples and will dispose them of in a suitable manner. 14. The Corporation does not bind itself to accept the lowest or any tender and reserves to itself the right of accepting the whole or any part of the tender or portion of the quantity offered and you shall supply the same at the same rate quoted. You are at liberty to tender for the whole at any portion of the total quantity of the crates.

11 15. Acceptance by the Corporation will be communicated by telegram/letters. In cases where acceptance is communicated by a telegram, the formal acceptance of tender will be forwarded to you by letter as soon as possible but the instructions contained in the telegram should be acted upon immediately. Yours faithfully, Sd/- Area Manager FCI DISTRICT OFFICE, NAGAON.

12 APPENDIX-I GENERAL CONDITIONS OF CONTRACT. I. DEFINITIONS AND INTERPRETATION: 1. In the contract and the General and Special conditions governing it, unless the context otherwise requires:- a. Corporation means the Food Corporation of India Established under Section3 of the Food Corporation Act 1964 and will include its Managing Director/Secretary and its successor successors and assigners, or its duly authorized officers. b. Acceptance of Tender: means the letter of memorandum communicating to the contractor the acceptance of his tender and includes an advance acceptance of his tender by telegram. c. Consignee means where the stores are required by the acceptance of tender to be dispatched by rail, road, Air or steamer, the person specified in the acceptance of tender to whom they are to be delivered at the destination, where the stores are required by the acceptance of tender to be delivered to a person as an interim consignee for the purpose of dispatch to another person, such other person: and in any other case, the person to whom the stores are required by the acceptance of the tender to be delivered in the manner there in specified. d. Contract means the institution to tender, instructions to tenderers, tender, acceptance of tender, particulars and the general and special conditions specified in the acceptance of tender and includes repeat order which has been accepted or acted upon by the contractor. e. Contractor means the person with whom the contract is made and includes his heirs, executers, administrators or successors and permitted assignees, as the case may be. f. Inspecting officer means the person specified in the Contract for the purpose or inspection of the crates or works under the contract and includes his authorized representative. g. Material means anything used in the manufacture of fabrication of the Crates. h. Particulars include: i. Specifications. ii. -Any other details governing the construction, manufacture of supply or stores as may be prescribed by the contract. i. Purchase Officer means the officer signing the acceptance of tender and includes any officer who has authority to execute the relevant contract on behalf of the corporation.. j. Purchaser means the corporation. k. Signed includes stamped, except in the case of an acceptance of tenderer or any amendment thereof. l. Stores means the crates specified in the tender documents which the contractor has agreed to supply under the contract. m. Supply Order means order for supply of crates and includes an order for performance of service.

13 n. Quantity means the quantity specified in the tender paper. o. Writing includes matter either in whole or in part, in manuscript, typewritten, lithographed, cyclostyled, photographed or printed under or over signature or seal as the case may be. 2. The delivery of stores shall be deemed to be taken place on delivery of the stores in accordance with the terms of the contract after approval by the Inspecting team, to i) The consignee at his premises or ii) Where so provided the interim consignee at his premises or iii) A carrier or other person named in the contract as an interim consignee for the purpose of transmission to the consignee. 3. Words in the singular include the plural and vice versa. 4. Words importing the masculine gender shall be taken to include the feminine gender and word importing persons shall include any company or body of individuals, whether incorporated or not. 5. The heading of these conditions shall not be affect the interpretation or construction thereof. 6. Terms and expressions not herein defined shall have be meaning assigned to them in the Indian Sale of Goods Act 1930 or the Indian Contract Act 1872 or the General clauses Act 1897 as the case may be. II.(a) PARTIES. The parties to the contract are the contractor and the Food Corporation of India having its District Office NAGAON at Haibargaon, NAGAON (b) ADDRESS OF THE CONTRACTOR AND NOTES AND NOTICES AND COMMUNICATION ON BEHALF OF THE PURCHASER: (I) For all purpose of the contract, including arbitration the under, the addressed 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 Area Manager, Food Corporation of India, District Office, NAGAON. The contractor shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid. (II) Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the contractor by a purchase officer and all such communication and notices may be reserved on the contractor either by registered post or under Certificate of posting or by ordinary post or by hand delivery at the option of such officer. (III) AUTHORITY OF THE MANAGING DIRECTOR OR ANY OFFICER ACTION ON HIS BEHALF: For all purpose of the contract including arbitration proceedings there under the Managing Director of the Corporation or any other officer authorized to act on his behalf shall be entitled to exercise all the rights and powers of the Purchaser. IV. RESPONSIBILITY OF THE CONTRACTOR FOR EXECUTING THE CONTRACT: 1. The contractor shall perform the contract in all respect in accordance with the terms and conditions thereof. The stores and very constituent part thereof, whether in the possession or control of the contractor, his agents or servants or a carrier, or in the joint possession, of the contractor his agents or servants and the purchaser, his agents or servants, shall remain in every respect at the risk of the contractor until

14 their actual delivery to the consignee at the stipulated place or destination or, where so provided in the acceptance of tender, until their delivery to a person specified in the interim consignee for the purpose of dispatch to the consignee. The contractor shall be responsible for all loss destruction, damage of deterioration or to the stores from any cause whatsoever, while the stores after approval by the Inspecting Officers are awaiting dispatches or delivery or are in the course of transit from the contractor to the consignee, or as the case may be, interim consignee. The contractor shall alone be entitled and responsible to make claims against the Railways Administration other carrier, in respect of non-delivery, short delivery, mis-delivery, loss destruction damage or deterioration of the goods entrusted to such carrier by the contractor for transmission to the consignee or the interim consignee as the case may be. 2. CONSIGNEE S RIGHT OF REJECTION: Not withstanding any approval which the Inspecting Officer of the Corporation may have been given in respect of the stores or any materials or other particulars of the work or workmanship involved in the performance of the contract (whether with or without any test carried out by the contractor or the Inspecting Officer or under the direction of the Inspecting Officer) and notwithstanding delivery of the stores where so provided to the interim consignee, it shall be lawful for the consignee, on behalf of the purchaser to reject to stores or any part, portion or consignment thereof within a reasonable time after actual delivery thereof to him at the place or destination specified in the schedule of such stores or part, portion or consignment thereof is not in all respect in conformity with the terms and conditions of the contract whether on account of any loss, deterioration or damage before dispatch or delivery of during transit or otherwise howsoever : Provided that where, under the terms of the contract the stores are required to be delivered to an interim consignee for the purpose of dispatch to the consignee, the stores shall be at the purchaser s risk after their delivery to the interim consignee: but never the less it shall be lawful for the consignee on behalf of the purchaser to reject the stores or any part, portion or consignment thereof upon their actual delivery to him at the destination if they are not in all respect in conformity with the terms and conditions of contract except where they have been damaged or have deteriorated in the course of transit or otherwise after their delivery to the interim consignee. Provisions contained in the clause XI relating to the removal of stores rejected by the inspecting Officer shall, mutatis mutandis apply to stores rejected by the consignee as herein provided. 3. (A) CHANGES IN THE FIRM: SUBLETTING AND ASSIGNMENT: The contractor shall not, save with the previous consent in writing of the Corporation, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. (B)(i) where the contractor is a partnership firm, 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 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. (ii) On the death and 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 cases the contractor shall have no claim whatsoever to compensation against the purchases. (iii) If the contract is not determined as provided in sub-clause (ii) above notwithstanding the retirement or a partner from the firm he shall continue to be liable

15 under the contract for acts of the firm until a copy of the public notice given by him to the corporation by registered post acknowledgement due. (C) CONSEQUENCES OF BREACH: should the contractor or a partner in the contract firm commits breach of either of the condition (a) or (b) of this sub clause it shall be lawful for the corporation to cancel the contract and purchase of authorize the purchase of the stores at the risk and cost of the contract and in that event the provision of clause-xi as for as applicable shall apply (D) The decision of the corporation as to any matter or thing concerning or arising out of this sub-clause or any questions whether the contractor or any partner of the contract firm has committed a breach of any of conditions in this sub-clause contained shall be final and binding on this contractor. 4. ASSISTANCE OF THE CONTRACTOR: Contractor shall be solely responsible to procure any material required for the fulfillment of the contract. V.QUOTATIONS OF RATES BY CONTRACTORS: i) The price quoted by the contractor shall not be greater than the price usually charged by the contractor for stores of the same nature, class or description to a private purchaser. ii) VI. SECURITY DEPOSIT: If it is discovered that the contractor has contravened the above conditions, then without prejudice to any other action, which might be taken against him, it shall be lawful for the Corporation (i) to revise the price at and stage so at to bring it in conformity with sub-clause (1) above, or (2) to terminate the contractor and purchase the stores at the risk and cost of the contract and in that event the provision of clause XI shall apply as far as applicable. I) The successful tenderer shall furnish security of the value of the contract within 7 days the acceptance of his tender. The security deposit shall be in any of the form indicated in appendix II. II) If the contractor have been called upon by the Corporation to furnish security fails to do so within the specified period, it shall be lawful for the Corporation. a) To recover from the contractor the amount of such security deposit by deducting the amount from the pending bills of the contractor under this contract or any other contract with the Corporation, or b) To cancel the contract or any part thereof and to purchase or authorize the purchase of the stores at the risk and cost of the contractor and in that event the provisions of clause IX shall apply as far as applicable III) IV) No claim shall lie against the Corporation either in respect of interest or any depreciation in value of any security. In case of bank deposit receipts, the Corporation shall not be responsible for any loss that may result on Account of failure of such bank. If the contractor fails or neglects to observe or perform any of his obligations under the contact, it shall be lawful for the Corporation to forfeit either in whole or in part, in his absolute discretion, the security deposit or any part thereof in or towards the satisfaction of any sum due to be claimed for any damages, losses, charges expenses or costs that may be suffered or uncured by

16 the corporation save as aforesaid if the contractor duly performs and completes the contract in all respects and presents an absolute NO DEMAND CERTIFICATE in the prescribed form and returns in good condition the specification, drawings and samples or other property belonging to the corporation, the Corporation shall refund the security deposit to the contractor after deducting all costs and other expenses that the Corporation may have incurred and all dues and other moneys including all losses and damages which the Corporation is entitled to recover from the contractor. V) The decision of the Corporation in respect of damages, losses, charges, costs or Expenses shall be final and binding on the contractor. VI) In the event of the security deposit being insufficient or if the security has been wholly forfeited and the balance of the total sum recoverable, as the case may be shall be deducted from any sum then due, or which at any time thereafter may become due to the contractor under this or any other contract with the Corporation should that sum also be not sufficient to cover the full amount recoverable the contractors shall pay to the Corporation on demand the balance due. VII. SPECIFICATION ETC. The stores shall be of the best quality & workmanship. The contractor shall supply the stores in accordance with the particulars unless any deviation has been expressly specified in the acceptance of the tender or 1) Ordered by the corporation on terms of sub clause3 of this clause. The stores shall further be in all respects acceptable to the Inspecting Officer. 2) In particular and without prejudice to the foregoing conditions, when tenders are called for in accordance with the particulars, the contractor s tender to supply the stores in accordance with such particulars shall be deemed to be an admission on his part that he has acquainted himself with the details thereof and no claim shall lie against the purchaser on the ground that the contractor did not examine or acquaint himself with such particulars. 3) It shall be lawful for the corporation to alter by mutual consent at any time and from time to time the specifications and as from the dates specified by him stores to be supplied shall be in accordance with such altered specifications, pattern, and drawing provided that if any such alterations involved increase or decrease in the cost of or in the period required for production, a revision of the contract price and/or of the period prescribed for delivery shall be made by agreement in respect of the stores to which the alternation applies. In all other respects the contract shall remain unaltered. VIII. CHARGES FOR WORK NECESSARY FOR COMPLETION OF CONTRACT: The contractor shall pay all charges for handling, stamping printing, painting, marking and for protecting and preserving patent rights and for all such measures which the inspecting Officer may require the contractor to take for the proper completion of the contract, though no special provision in respect thereof may have been made in the particulars. IX. DELIVERY: 1. The contractor shall deliver the stores strictly in accordance with the conditions & specifications laid down in the appendix V and other conditions of the contract

17 at the time/times and at the place/places and in the manners directed by the corporation. The contractor shall comply with the instructions that the Corporation may from time to time give regarding the safe transit of the stores. The time is the essence of the contract. 2. PASSING OF PROPERTY: Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to the consignee, interim consignee, as the case may be, in accordance with the conditions of the contract. 3. The purchaser shall not be liable to assist in securing or to arrange for or provide transport to the contract. 4. The time for and the date of delivery of the stores stipulated in the schedule shall be deemed to be of the essence of the contract and delivery must be completed not later than the date (s) as specified. 5. FACILITIES TO THE INSPECTION TEAM. The contractor shall allow reasonable facilities and free access of his works and records to the Inspecting team, Progress Officer, or such other officer as may be nominated by the Corporation for purchase of ascertaining the progress of the deliveries under the contract. 6. The inspecting of the stores for the delivery of acceptance by the corporation will be done at destinations FCI. Owned/hired Godowns. 7. FAILURE AND TERMINATION: If the contractor fails to deliver the stores or any installments thereof within the period fixed for such delivery in the appendix or at any time repudiated the contact before the expiry of such period the corporation may without prejudice to the other rights under the contract to recover damages for breach of the contract. i) The corporation may recover from the contractor as agreed liquidated damages and not by way of penalty a sum equivalent to 2% of the price of any stores which the contractor fails to deliver within the period fixed for delivery in the appendix IV for each week or part of a week during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, or ii) Purchase or authorize the purchase elsewhere without notice to the contractor, on the account and at the risk of the contractor of the stores not so delivered or others of a similar description where stores exactly complying with particulars are not in the opinion of the Corporation readily procurable which shall be final, readily procurable without canceling the contract in respect of the installments not yet due to delivery, or iii) iv) Cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the stores not so delivered or others of a similar description (where stores exactly complying with particulars are not in the opinion of the Corporation which shall final readily procurable) at the risk and cost and of the contractor. Where action is taken under sub-clause (ii) and Sub-clause. (iii) above, the contractor shall be liable for any loss which the purchaser may sustain or his account provided the purchase or, if there is an agreement to purchase, such agreement in case of failure to deliver the stores within the period fixed for such delivery in the appendix IV within six months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of

18 cancellation of the contract. The contractor shall not be entitled to any gain on such purchase and the manner and method of such purchase shall be in the entire discretion of the Corporation. It shall not be necessary for the purchaser to serve a notice of such purchase on the contractor. 8. NOTIFICATION OF DELIVERY: Notification of delivery or dispatch in regard to each and every installment shall be made to the purchase Officer. X. PROGRESS REPORTS: 1. The contractor shall from time to time render such reports concerning the progress of the contract and/or supply of the stores in such firm as may be required by the Corporation. 2. The submission, receipt and acceptance of such reports shall not prejudice the rights of the purchaser under the contract, nor shall operate as on estoppels against the purchaser merely by reason of the fact that he has not taken notice of or objected to any information contained in such report. XI. INSPECTION AND REJECTION: 1. FACILITIES FOR TEST AND EXAMINATION: The inspection of the stores will be done by the team of officers nominated by Area Manager at the suppliers manufacturing premises. 2. DELIVERY OF STORES FOR TEST: The supplier shall also provide and deliver for test free of charge, at such place other than his premises as the Inspecting team may specify such material or stores as they may required. 3. METHOD OF TESTING: The Inspecting team shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspecting team. 4. STORES EXPENDED IN TEST: If the test proves satisfactory and the stores or any installment thereof is accepted, the quantity of the stores or materials expended in test will be deemed to have been taken delivery of by the purchaser and be paid for as such. 5. INSPECTING TEAM: The final authority to certify the wooden crates is the Inspecting team. The Inspecting team shall have the powers. i) Before any stores or part thereof submitted for inspection to certify that they are not be in accordance with the contract owing to the adopting of any unsatisfactory method of manufacture: ii) To reject any stores submitted as not being in accordance With the particulars; iii) iv) To reject the whole of the installments rendered for Inspection, if after inspection of such portion thereof as They may be in their discretion think fit, they are satisfied That the same is unsatisfactory; To mark the rejected stores with a rejection mark so that

19 They may be easily identified if re-submitted. 6. CONSEQUENCE OF REJECTION: If one of stores being rejected by the Inspecting team, corporation shall be at liberty to:- i) Allow the supplier to re-submit the stores in replacement of those rejected crates within a specified delivery schedule and the supplier shall bear all the expense on such replacement. ii) iii) purchase or authorize the purchase of quantity of the stores rejected or others of a similar description (when stores exactly complying with particulars are not in the opinion of the Corporation, which shall be final, readily available) without notice to the contractor at his risk and cost and without affecting the contractor s liability as regards the supply of any further installment due under the supplier or Cancel the contract and purchase or authorize the purchaser of the stores or others of a similar description (when stores exactly complying with particulars are not in the opinion of the Corporation, which shall be final, readily available) at the risk and cost of the supplier. In the event of action being taken under sub-clause (ii) above or this sub-clause the provisions of clause IX shall apply as far as applicable. 7. INSPECTING TEAM DECISION AS TO REJECTION FINAL. The Inspecting team s decision as regards the rejection shall be final and binding on the supplier. 8. NOTIFICATION OF RESULT OF INSPECTION: Unless otherwise provided in the specification of schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the results of the examination will be notified to the supplier. 9. MARKING OF STORES: The supplier shall if so required at his own expense mark or permit the Inspecting team to mark all the approved stores with a recognized purchaser s mark. 10. REMOVAL OF REJECTION: (i) (a) any stores submitted for inspection at a place other than the promises of the contractor and rejected shall be removed by the contractor subject as hereinafter provided within ten days of the date of receipt of intimation of such rejection. If it is proved that letter containing such intimation is addressed and posted to him at the address mentioned in the schedule it will be deemed to have been served on the contractor at the time when such letter would competent for the inspecting team to call upon the supplier to remove but the consignment to be dangerous, infected or perishable stores within a period of 48 hours of the receipt of such intimation.. (b) Such rejected stores shall under all circumstances lie at the risk of the supplier from the movement of such rejection and if such stores are not removed by the contractor within the periods afore mentioned, the Inspecting team may either return the same to the supplier at his risk and costs by such mode of transport as the Corporation or Inspecting team may select, or dispose of such stores at the contractors risk on his account and retain such portion of the proceeds as may be necessary to cover any expense incurred in connection with such disposal. The

20 purchaser shall also be entitled to recover handling and storage charges for the period which the rejected stores are not removed. (ii) INSPECTION NOTES: On the stores being found acceptable by the Inspecting team they shall furnish the supplier with necessary copies of Inspection Notes duly completed, for being attached to the supplier s bill in support thereof. (iii) All Wooden Crates inspected and accepted shall be kept separately, properly marked for having accepted the stores and sealed properly with rope. Such accepted stores should be dispatched by the inspecting team in their presence as per the dispatch instructions given by the Regional office. (iv) The consignee Area manager shall make transportation arrangements by deputing his own representatives to lift the stores accepted by the inspected team at the suppliers manufacturing premises and the loaded trucks should be jointly sealed by the inspecting team and representatives of the consignee Area Manager before leaving the supplier s manufacturing premises in order to avoid in any malpractices enroute.. XII. RECOVERY OF SUMS DUE: Whenever any claim for the payment of a sum of money arises out of or under the contract against the contractor/supplier, the sums due to the contractor, under the contract or any other contract with the corporation, if such sum even is not sufficient to cover the full amount recoverable, the contractor shall on demand pay to the purchaser top balance remaining due. For the purpose of this clause, where the contractor is a partnership firm, the purchaser shall be entitled to recover such amount by appropriating in whole or in part any sum due to any partner of the firm whether in his individual capacity or otherwise. XIII. PAYMENTS UNDER THE CONTRACT. 1. Unless otherwise agreed upon between the parties payment for delivery of the stores will be made on submission of bills in the prescribed form which may be obtained from the corporation office in accordance with the instructions given in the Acceptance of Tender, by a cheque or demand draft on a branch of the Reserve Bank of India or State Bank of India transacting Corporation s business. 2. Payment for the stores or for each consignment thereof will be made to the contractor by the area manager in accordance with the terms of contract on submission of will accompanied with the inspection note by the inspecting team and consignee receipt. XIV. INDEMNITY: 1.The contractor shall at all times indemnify the purchaser against all claims which may be made in respect of the stores for infringement of any right protected by patent, registration of designs or trade mark. Provided always that in the event of any claim in respect of alleged breach of letters, patent registered designs or trade mark being made against the purchaser, the purchaser shall notify the contractor of the same and the contractor shall at his own expense either settle any such dispute or conduct any litigation that may arise there-form.