food corporation of india contract division of...

Tender No.S&C/13(8)/MMHTC-LKDWP/2012/Cont Dated.17.09.2012

CONTRACT DIVISION

KARNATAKA REGION

BANGALORE - 560 041.

PART – A

TECHNICAL BID

MULTIMODAL CONTRACT FOR TRANSPORTATION OF FOOD GRAINS/SUGAR

FROM CWC/SWC MANGALORE TO MANGALORE PORT & SHIPMENT TO ANDROTT

ISLAND AND TRANSPORTATION TO FCI, FSD ANDROTT INCLUDING

LOADING/UNLOADING (STEVEDORING AND H&T) OPERATIONS AT PORTS

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FOOD

CORPORATION OF

INDIA

OF INDIA


PRESS NOTICE

NOTICE INVITING TENDER


Bids in the e-Procurement portal are invited from interested, eligible bidders for multimodal contract for Loading/Unloading (except at Food Corporation of India Depots at Mangalore and Andrott), Handling & Transportation of bagged foodgrains/sugar from designated Depots at CWC/SWC Mangalore to Mangalore Port, shipment to Andrott Island and Transportation to FCI, FSD Andrott, through Road and sea and Handling and Stevedoring wherever applicable, fora period of two years from the date of communication of acceptance letter by FCI.

2. The Bid document and other detailed terms & conditions are available in the

Govt. of Karnataka e-Procurement website https://eproc.karnataka.gov.in.

3. Aspiring Bidders who have not registered in e-procurement site of Govt. of Karnataka should register before participating through the website https://eproc.karnataka.gov.in.

4. The last date for submission of the Bids is upto 02.00 PM of 09.10.2012. 5. Food Corporation of India reserves the right to cancel the tender enquiry at

any stage without assigning any reason.

General Manager (R)

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https://eproc.karnataka.gov.in/



From FORWARDING LETTER

(Full name, address of the Bidder & Registration No.)

To THE GENERAL MANAGER (Region) FOOD CORPORATION OF INDIA (FCI) R.O. Bangalore

Dear Sir,

Recent photograph of Bidder

1. With reference to your Tender No. --------- dated --------- I/We submit the Sealed Bids under two-bid system for appointment as a Multimodal Handling & Transportation contractor by Road & Sea for movement of foodgrains/sugar from CWC/ SWC Mangalore to Mangalore Port, shipment to Andrott Island and transportation to FCI, FSD Andrott including loading/unloading (stevedoring and H&T) operations at Ports.

2. I/We have thoroughly examined and understood all the terms & conditions ascontained in the complete set of Bid document and agree to abide by them.

3. I/We agree to keep the offer open for acceptance up to and inclusive of and to the extension of the said date by another 30 days in case it is so decided by FCI. I/We shall be bound by communication of acceptance of the offer despatched by FCI within the time. I/we also agree that if the date up to which the offer would remain open is declared a holiday for FCI, the offer will remain open for acceptancetill the next working day.

4. I/We hereby submit the Earnest Money vide transaction ref. no.

for Rs. (in words)

and Tender processing fee vide transaction ref. no. for Rs. (in words) has been paid through e-

payment. In the event of my/our tender being accepted, I/We agree to furnish

Security Deposit as stipulated in the Tender. 5. I/We do hereby declare that the entries made in the bid document are true and also that I/We shall be bound by the acts of my/our duly constituted Attorney.

6. I/We do hereby declare that the bidder Firm/Company has not been blacklisted/or otherwise debarred during the last five years by the Food Corporation of India or any Govt. Department/Public sector undertaking for any failure to comply with the terms and conditions of any contract, or for violation of any Statute, Rule, or Administrative Instructions.(*)

OR

I hereby declare that the bidder Firm/Company was blacklisted/debarred

by (here give the name of the Department/Agency) for a period of

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, which period has expired on . (Full details of the reasons for blacklisting/debarring, and the communication in this regard, should be given)(*)

(*) (Strikeout whatever is not applicable)

7. I/We hereby declare that the no contract entered into by the bidder Firm/Company with the Food Corporation of India or with any Govt. Department/Public sector undertaking or any other client, has been terminated before the expiry of the contract period at any point of time during the last five years.

8. I hereby declare that the Earnest Money Deposit and/or Security Deposit of the bidder Firm/Company has not been forfeited or adjusted against any compensation payable, in the case of any Contract entered into by the Firm/Company with the Food Corporation of India or with any Govt. Department/ Public sector undertaking or any other client, during the last five years.

9. I/We hereby declare that the Bidder Firm/Company, its proprietor / any of the partners / any of the Directors has not been, at any time, convicted by a court for any offence and sentenced to imprisonment for a period of three years or more.

10. I/We do hereby declare that the bidder Firm/Company has not been blacklisted / debarred by Govt. of India, from undertaking any transportation activities at any time during last five years.

I/We certify that all information furnished by the bidder Firm/Company is true

& correct and in the event that the information is found to be incorrect/untrue, the FCI shall have the right to disqualify the Firm/Company without giving any notice or reason therefore or summarily terminate the contract, without prejudice to any other rights that the FCI may have under the Contract and Law.

(Signature of bidder with seal)

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FOOD CORPORATION OF INDIA, REGIONAL OFFICE BANGALORE

INVITATION TO BID AND INSTRUCTIONS TO BIDDERS FOR APPOINTMENT OF MULTIMODAL CONTRACTOR FOR TRANSPORTATION OF FOOD GRAINS/SUGAR FROM CWC/SWC MANGALORE TO MANGALORE PORT & SHIPMENT TO ANDROTT ISLAND AND TRANSPORTATION TO FCI, FSD ANDROTT INCLUDING LOADING/UNLOADING (STEVEDORING AND H&T) OPERATIONS AT PORTS.

A.Last date for receipt of Bids is up to 2.00PM on 9.10.2012

B. Technical Bids to be opened on line at 03.00P.M. on 12.10.2012 Note: 1) If the date fixed for opening of bids is declared a holiday, the bids will

be opened on the next working day following the holiday but there will be no change in the time for opening as indicated above.

C. Bids to remain open for acceptance up to and inclusive of………………………… Note: 1) The General Manager, Food Corporation of India, may, at his

discretion, extend this day by 30 days and such extension shall be binding on the Bidders. 2) If the date up to which the Bid is open for acceptance is declared to be a closed holiday/Sunday, the bid shall be deemed to remain open for acceptance till next following working day.

D. Price Bid of only technically qualified bidders shall be opened on a date to be intimated later on. Note: 1) The General Manager, Food Corporation of India for and on

behalf of FCI reserves the right to reject any or all Bids without assigning any reason. 2) FCI will not enter into negotiations with any bidder including the lowest bidder.

E. Bid documents may be downloaded from Government of Karnataka e- Procurement website https://eproc.karnataka.gov.in under login for bidders/suppliers/contractors. Aspiring Bidders who have not registered in e- procurement should register before participating through the website https://eproc.karnataka.gov.in.

F. Bidders can access bid documents on the website, fill them with all relevant information and submit the requisite documents/appendices/annexures into electronic form on the website https://eproc.karnataka.gov.in/ after submitting the, Tender processing fee & EMD through prescribed mode.

G. Bids should be uploaded through e-Procurement System. Hard copy of the bid documents will not be accepted.

H. The scanned copy of the Technical Bid and Price Bid shall be uploaded separately in e-Procurement portal.

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INVITATION TO BID

From

The General Manager (Region) Food Corporation of India, Bangalore

Tel. No.080-26633474

FAX No.080-26633424

E-mail:[email protected] To

Dear Sir(s),

For and on behalf of the Food Corporation of India (herein called the ‘Corporation’)

the General Manager, Food Corporation of India, Karnataka Region Bangalore,

invites tenders for appointment of MULTIMODAL CONTRACTOR FOR

TRANSPORTATION OF FOOD GRAINS / SUGAR FROM CWC/SWC

MANGALORE TO MANGALORE PORT & SHIPMENT TO ANDROTT ISLAND

AND TRANSPORTATION TO FCI, FSD ANDROTT INCLUDING / UNLOADING

(STEVEDORING AND H&T) OPERATIONS AT PORTS.

2. The bid should be submitted in e-Procurement Portal at the following website

https://eproc.karnataka.gov.in upto 02.00P.M. on 09.10.2012 alongwith the

payment of Rs.3,88,000/- (Rupees Three Lakh Eighty Eight Thousand Only)

through e-payment.

Offer(s) will have to be made in two parts (i) Technical Bid and (ii) Price Bid in

e-Procurement Portal. The Technical Bid will be evaluated first. The “Price Bid” of

only those Tenderers who are found qualified in Technical Bid will be opened. The

time and date of opening the Price Bid shall be fixed and intimated to such

Tenderers in due course.

3. The last date for submission of the Bids along with the requisite documents online

is upto 02.00PM on 09.10.2012 and Technical Bids will be opened online at …..…

PM on the same day in the presence of the intending bidders/their

authorized representatives who may wish to be present.

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4. Pre-bid meeting: FCI will be holding a pre-bid meeting at Food Corporation of

India, Regional Office Bangalore on 28.09.2012 at 03.00PM.

Interested prospective bidders or their authorized representatives who wish to

participate in the Tender enquiry may participate and seek any clarifications. FCI

reserves the right to make any alterations in the bid document based on the

suggestions/decisions arrived at the pre-bid meeting.

5. Food Corporation of India reserves the right to cancel the tender enquiry at any

stage without assigning any reason.

General Manager (R)

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INSTRUCTION TO BIDDERS 1. Introduction

The Food Corporation of India (FCI) was setup under the Food Corporation Act 1964, in order to fulfil following objectives of the Food Policy:

Effective price support operations for safeguarding the interests of the

farmers.

Distribution of food grains throughout the country for public distribution system

And

Maintaining satisfactory level of operational and buffer stocks of food grains to ensure National Food Security.

FCI has been entrusted with the responsibility of execution of the Food Policies of the Government of India in the areas of procurement, storage, movement and distribution of foodgrains.

2. Object of the Contract

The contractor shall render all or any of the services given in Clause-22 of Responsibilities of the bidders and as directed from time to time by the General Manager (KTK) or any officer acting on his behalf together with such auxiliary and incidental duties, services and operations as may be indicated by General Manager (KTK) or any Officer acting on his / her behalf and are not inconsistent with these terms and conditions for a period of two years from the date of communication of acceptance letter by FCI.

3. Brief description of work

For and on behalf of the Food Corporation of India (herein called the ‘Corporation’) the General Manager, Food Corporation of India, Karnataka Region Bangalore, invites tenders for appointment of MULTIMODAL CONTRACT FOR TRANSPORTATION OF FOOD GRAINS/SUGAR FROM CWC/SWC MANGALORE TO MANGALORE PORT & SHIPMENT TO ANDROTT ISLAND AND TRANSPORTATION TO FCI, FSD ANDROTT INCLUDING LOADING/ UNLOADING (STEVEDORING AND H&T) OPERATIONS AT PORTS including the following services/clearances/ payment of charges and insurance.

A. a.Taking delivery of FCI Food grains and Sugar in bags (as determined on the

basis of requisition received by FCI from Lakshadweep Administration) from CWC/SWC, Mangalore under proper acknowledgement and delivery at FCI godown situated in the Lakshadweep Island and obtain acknowledgement for stipulated quantity of food grains/sugar so transported, shipped and delivered and produce the same to Area Manager, FCI, Shimoga for arranging payment of transportation, freight charges.

b.Custom clearance at loading and unloading ports.

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c. Custom / Port Documentation at loading and unloading ports.

d. Shed charges at loading and unloading ports.

e. Wharfage/Lighterage charges at loading and unloading ports.

f. Port/Custom overtime at loading and unloading ports.

g. Ship over time at loading and unloading ports.

h. Crane charges at loading and unloading ports.

i. Barge charges at loading and unloading ports.

j. Sea freight/comprehensive Insurance of cargo by vessel owners.

k. Berthing delays at load port/Destination port, berth hire charges at load / discharge port to the account of the bidder.

l. Demurrage/dispatch at the load port/destination port for ships to the account

of the contractor.

m. Any other charges at load port / destination ports to the contractor account.

n. All related, auxiliary and incidental work, use/supply of material etc. pertaining to the satisfactory execution of the obligations under this contract shall be deemed to be included and to be read and construed as a part of this contract, though not expressly provided for and the bidder shall perform such work also at his cost.

o. All documentation pertaining to the contract, statutory/non-statutory, customs,

port operations, RTO, Police, Local Authorities and documentation pertaining to all clearances for smooth execution of the contract shall be done by the Bidder at his cost.

p. The costs, charges, levies, taxes, duties, cess, fees, expenses, toll, protocol

charges, Shed charges, Wharfages/lighterage charges, Port/Custom overtime charges, Vessel overtime charges, Crane charges, Barge charges, Berth Hire charges, Insurance charges, demurrage etc. at the loading and unloading ports and all expenses and costs whether statutory / non statutory, incurred in execution of this contract and incidental thereto shall be borne by the bidder at his cost. However, Loading into the trucks at the designated depots at Mangalore and unloading from the trucks at the designated depots at Androth will be performed by FCI at its cost through the labour engaged by FCI.

B. (i) The tenderers shall quote a comprehensive (all inclusive) rate including

all taxes (but excluding Service Tax) per MT for all the said services including insurance as in the tender. The comprehensive rate shall be quoted for all operations i.e. for transportation of food grains, sugar etc. from CWC/SWC, Mangalore to Mangalore Port, shipment to Andrott Island

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and transportation to FCI godown at Andrott Island, including loading/ unloading (stevedoring and H&T) operations at ports. The contractor should quote freight per MT on gross weight. In other words on gross Bill(s) of Lading Weight on full liner terms on CI basis.

(ii) The Bidders must get themselves fully acquainted with the location of the depots at Mangalore and Andrott, cargo handling (loading/unloading) facilities and also the transport requirements for movement of food grains by road and sea transport before submission of the bid. Before Bidding, the Bidder must also get acquainted with the conditions of waterway/Road route/ port/Jetty to be used by him for transportation of food grains. Once the bid is submitted, the Bidder will be deemed to have fully acquainted himself with the route and he will not be entitled for any compensation on account of road blockade, waterway depth restrictions, diversions etc. on the route. The rates quoted by Bidders shall be deemed to have been done after such acquaintance and no Bidder will be entitled to any compensation/damage arising out of any misapprehension in this regard. After submission of bid no complaint on this account shall be entertained by the Corporation.

4. Volume of work

(a) Subject t o as herein after mentioned, the Corporation does not guarantee any definite volume of work or any particular pattern of service, at any time or throughout the period of the contract. The mere mention of any item of work in this contract does not by itself confirm a right on the contractor to demand that the work relating to all or any item thereof should necessarily or exclusively been trusted to him.

(b) The Corporation have the exclusive right to appoint one or more contractors at any time viz., at the time of award of the contract and/or during the tenure of contract for any or all the services and to divide the work as between such contractors in any manner that the Corporation may decide and no claim shall lie against the Corporation by reason of such division of work.

(c) If the contractor is required to perform any service in addition to those specifically provided for in the contract and the annexed schedule of contract, the remuneration for the same will be paid at the rates as negotiated and fixed by mutual agreement.

(d) The question whether a particular service is or is not covered by any of the services specifically described and provided for in the contract, or is not auxiliary or incidental to any of such services shall be decided by the General Manager whose decision shall be final and binding on the contractor.

(e) The Contractor will have the right to represent in writing to the General Manager(R), that a particular service which he is being called upon to perform is not covered by any of the services specifically provided for in the contract, or is not auxiliary or incidental to such services, provided that such representation in writing must be made within 15 days after the date of actual performance of such services. If no such representation in writing is received within the said time, the contractor's right in this regard will be deemed to have been waived.

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5. Minimum eligibility criteria: The Bidders shall possess the following minimum eligibility criteria to participate in this Tender:

(i) Bidder (Company, Firm or Proprietary Concern) must be registered under the multimodal Transportation of Goods Act, 1993.

(ii) Having control over at least 2 (two) Vessels, each having loading capacity of at least 500 DWT and licensed to operate in the above route with valid survey certificate, possessing sea worthiness certificate, by way of ownership/lease/charter/ declaration from the owner of the vessel in favour of the bidder indicating his willingness to provide the vessel to the Bidder for undertaking this contract, if awarded.

(iii) Having control over at least 20 nos. of trucks at Mangalore and 25 nos. tractors at Andrott by way of ownership/lease/declaration from the owner of the truck in favour of the bidder indicating his willingness to provide the truck to the Bidder for undertaking this contract, if awarded.

(iv) Experience in transportation of bagged/ bulk cargo through road & sea and should have executed in the immediate preceding five financial years the work of value:

(a) at least 25% of the estimated contract value in one single contract.

OR

(b) 50% of the estimated contract value in different contracts

Note: Attested Copies of the experience certificates shall be produced as per Annexure–IV from customers evidencing proof of satisfactory execution and completion of the contract(s) besides duly certifying nature, period of contract and value of work handled.

6. Disqualifications:

i. Bidders who had been black listed/debarred by FCI or any Govt. Department/Public sector undertaking shall be ineligible during the currency of such bar/black listing.

ii. Any bidder whose contracts with the FCI or any Govt./Public Sector Undertaking had been terminated before the expiry of the contract period at any point of time during last five years, will be ineligible.

iii. Bidders whose Earnest Money Deposit and/or Security Deposit has been forfeited by FCI or any Govt./Public Sector Undertaking during the last five years, shall be ineligible.

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iv. If the proprietor/any of the partners of the bidder firm/any of the Directors of the bidder Company have been, at any time convicted by a court for any offence and sentenced to imprisonment for a period of three years or more, such Bidder shall be ineligible.

v. A Hindu Undivided Family shall not be entitled to apply for Tender in the capacity of HUF. Any bids submitted in the capacity of Hindu Undivided Family (either as a Proprietor or Partner of a Firm) shall be summarily rejected.

vi. Any Firm/Company if blacklisted/debarred by Govt. of India to undertake any similar transportation activities at any time during last five years.

7. Place of Operation:

For the purpose of this contract the designated depots in Mangalore from where the bagged food grains, sugar stocks etc. will be delivered by loading into the trucks will be:

1) CWC Mangalore 2) SWC Mangalore

the designated depots where the bagged food grains, sugar etc. stocks will be received in Andrott will be:

1) FSD, Andrott 2500 MTs capacity

And the designated port/jetty in Mangalore from where the bagged food grains stocks and sugar etc. will be loaded to the Vessel will be:

1) Mangalore

2)

the designated port/jetty in Lakshadweep where the bagged food grains stocks and sugar etc. will be unloaded from the Vessel will be:

1) Andrott

The bagged food grains stocks received at the Port/jetty at Andrott will then

be loaded into trucks and transported to the designated depots of Andrott.

Notwithstanding the above FCI reserves the right to change, alter, and vary at any time the designated depots, port/jetty in Mangalore/Andrott. In such an event the contract shall not be rendered void and Bidder shall be bound to perform all the services/obligations and execute all the works as per terms and conditions and rates of the contract and he shall not be entitled to make any claim whatsoever against the FCI for any damages/compensation, revision of rates or otherwise due to increase/ decrease in the number of the godowns or change of location of designated godowns/port/jetty etc.

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8. Signing of Bids (i) Person(s) signing the bids shall state in what legal capacity he is, or they are signing the bids, 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 bids shall be signed by all the Partners or their duly Constituted Attorney, having authority to bind all the Partners in all matters pertaining to the contract. The attested copy of the Registered Partnership Deed should be furnished along with the tender. In case of companies, the names of all the Directors shall be mentioned, and an attested copy of the Resolution passed by the Company authorizing the person signing the tender to do so on behalf of the company shall be attached to the Tender along with a copy of the Memorandum and Articles of Association of the Company.

(ii) The Digital Signature Card (DSC) holder signing the tender form or any document 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 person so signing the Tender fails to produce the said Power of Attorney, his Tender shall be liable to summarily rejection without prejudice to any other rights of the Corporation under the law and the EMD paid by him/her shall be forfeited.

(iii) The “Power of Attorney” should be signed by all the Partners in the case of partnership concern, by the proprietor in the case of the proprietary concern, and by the person who by his signature can bind the company in the cases of a limited concern.

(iv) The entire bid document and all its annexures and copies of the supporting documents shall be signed on each page by the authorized signatory.

(v) The person signing the tender or any other documents forming part of the tender, on behalf of any other person or a Firm/Company shall be deemed to warrant that he has the authority to bind such other person or the Firm/Company, as the case may be, in all matters pertaining to the Contract. If at any stage it is found that the person concerned had no such authority FCI may without prejudice to other civil/criminal remedies, terminate the Contract and hold the signatory & the Firm/Company liable for all costs and damages.

9. Earnest Money Deposit and Tender processing fee: (i) Each tender must be accompanied by documentary evidence towards payment of Earnest Money @ 2% value of contract amounting Rs…3,88,000/- (Rupees Three Lakh Eighty Eight Thousand) paid through e-payment as per the prescribed procedure . The bidder shall be permitted to bid on the express condition that in case he resiles from or modifies his offer, or terms & conditions thereof, after submitting his bid, for any reason whatsoever during the tender process, or any of the information furnished by him/her is found to be incorrect or false, the Earnest Money Deposited by him shall stand forfeited, without prejudice to any other rights and remedies of the Corporation under the Contract and Law, and

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the bidder will be liable for any loss suffered by the Corporation on account of its withdrawal/modification etc. besides or feature of EMD. He will also be debarred from participating in any other Tender Enquiry with FCI for a period of five years.

(ii) The Earnest Money without interest will be returned to all unsuccessful Bidders within a period of 30 days from the date of issue of the acceptance letter and to a successful bidder, after he has furnished the Security Deposit, if he does not desire the same to be adjusted towards the Security Deposit. However in case, the bidder is disqualified during technical evaluation, the Earnest money will be refunded without interest within 15 days of technical disqualification of the bidder. No interest shall be payable on Earnest Money, in any case.

(iii) Tender Processing Fee: Amount Rs…..(refer e-Procurement portal) Each bidder must pay the tender processing fee to the e-Procurement Service provider in the form of e-payments (Credit Card, Direct Debit, National Electronic Fund Transfer (NEFT), Over the Counter (OTC). Bids not accompanied by tender processing fee shall be summarily rejected.

(iv) Tender Document Cost:- In e-Tender process, the amount of Rs. 568/- (Rupees five hundered and sixty eight only) inclusive of taxes, has to be paid by tenderer in form of Demand Draft issued by a Scheduled Bank in favour of the GENERAL MANAGER, Food Corporation of India, Bangalore. This DD has to be uploaded in scanned form, as one of the document and subsequently each tenderer has to ensure that the same will be presented in original to tender opening committee on the date/time of opening of technical bids or send by post/courier to this office, so as to qualify for processing of the tender.

E-PAYMENT MODES FOR EARNEST MONEY DEPOSIT (EMD) AND TENDER PROCESSING FEE (TPF): The bidder should pay the Earnest Money Deposit (EMD) and Tender Processing Fee (TPF) in the e-Procurement portal using any of the following payment modes:

Credit Card

Direct Debit

National Electronic Fund Transfer (NEFT)

Over the Counter (OTC)

i. CREDIT CARD PAYMENT METHOD:

To pay the registration fee through your credit card, click on the “Credit Card (Online Payment)” option. If you choose to pay the fees later click on “Close” button. Click Pay after verifying details on the screen that appears.

Click on “Pay” button to proceed with payment process.

Click “Back” if you wish to choose a different payment method.

Click on “OK” button on the payment method

Confirmation window that is displayed.

You will choose your card type (VISA, Master Card).

You enter your credit card details.

Card Details completely filled.

Click on “PAY NOW” button to effect the payment. Your card details are verified by the payment

gateway service and you will receive confirmation of payment debited to your card account if the card

is valid. If the card is not valid you will receive alert about it and system will wait for you to correct

any errors in the card details provided by you. A successful transaction message is displayed.

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ii. DIRECT DEBIT METHOD:

Click on “Direct Debit” Using Internet Banking (Online Payment) option to pay from your Axis bank account through Internet Banking facility.

Click on “Pay” to proceed or “Back” to change the payment method on the Payment details screen.

Click on “OK” on the confirmation window to effect the payment. Click on “Cancel” and then on “Back” to change the payment method.

Enter Internet banking details for payment.

You will be informed on your screen about successful completion of payment process.

iii. OTC PAYMENT PROCEDURE:

If a bidder chooses to make payment of EMD Over The Counter (OTC) in any of the designated Axis Bank branches listed in the e-Procurement web-site (https://www.eproc.karnataka.gov.in) the bidder will need to log into e-Procurement system, access the tender for which bid is being submitted and then select the OTC option under the payment section and print the Challan shown in that section. The printed Challan will have the unique bid reference number and the amount to be remitted. Along with the Challan, bidder can choose to make the payment either in the form of cash or in the form of Demand Draft. Cheque payments will not be accepted. The bidder is requested to specifically inform the bank officer to input the unique bid reference number printed in the Challan in the banking software. Upon successful receipt of the payment, the bank will provide a 16-digit reference number acknowledging the receipt of payment. This 16-digit reference number has to be entered by bidder in the payment section of its bid as payment confirmation before the bid is submitted (i.e.) which is a pre-requisite for bid submission.

iv. NEFT PAYMENT PROCEDURE:

If a bidder chooses to make payment of EMD using Reserve Bank of India's (RBI) National Electronic Fund Transfer (NEFT)/Real Time Gross Settlement (RTGS) system, the bidder will need to log into e-Procurement system, access the tender for which bid is being submitted and then select the NEFT option under the payment section and print the Challan shown in that section. The printed Challan will have the unique bid reference number, account details of Government of Karnataka and the amount to be remitted. The bidder has to submit the printed Challan to its bank- branch (NEFT/RTGS-enabled) and request for an account-to-account transfer, wherein the money will get transferred from the tenderer's bank account to Government of Karnataka’s bank account. The bidder should ensure that NEFT/RTGS transfer instructions are executed and the funds are wired to the Government of Karnataka's principal account before the last date for bid submission and preferably 24 hours before the last date for bid submission. If the bidder’s bank transfers/wires the money after the last date for bid submission, the bidder’s bid will be liable for rejection. Upon executing the transfer, the bidder’s bank will provide a

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http://www.eproc.karnataka.gov.in/


reference number generated by NEFT/RTGS software as confirmation of transfer, which has to be entered by bidder in the payment section of its bid as payment confirmation before the bid is submitted (i.e.) as a pre-requisite for bid submission. Also, the account number from which the funds were transferred has to be entered in the Short Term e-Procurement system as part of its bid. The bidder’s bid will be evaluated only on confirmation of receipt of the payment (EMD) in the Government of Karnataka central pooling A/c held at Axis Bank. For details on e-Payment services refer to e-procurement portal for more details on the process.

IMPORTANT NOTE

In the case of payments made through NEFT/RTGS or OTC, the bidders need to print a challan from the e-procurement platform prior to actual payment. On obtaining the bank transaction number, the same need to be updated in the e- procurement platform along with the date of payment. A ‘green tick’ icon appears against the payment in the e-procurement platform, through the status of the payment shows ‘verification pending’. The payment is reconciled subsequently on upload of payment scroll in the e-procurement system and the status ‘verification pending’, will subsequently be changed to ‘verification successful’. With regard to payment through NEFT/RTGS, the bidder is advised to initiate payment well in advance to avoid the risks as mentioned below.

(i) Payments credited after the due date and time of submission as prescribed in

the bid notification. (ii) Payments returning back to the bidder account due to incorrect entry of

beneficiary account no. and/or beneficiary account name by the sending bank at the time of transfer.

(iii) Please ensure that the payments are credited within the last date and time of receipt of bids. Bidders crediting payments after the due date and time of submission as prescribed in the tender notification will not be eligible to participate in the bid.

(iv) Please instruct the sending bank to enter the correct Bank Account, IFSC code and beneficiary name, as mentioned in the NEFT/RTGS challan generated from the e-procurement platform, while transferring amount through NEFT/RTGS. Any mistake in the entry of above information will result in amount returning back to sender and subsequent ineligibility of the bidder to participate in bid.

(v) It may be noted that for users of the Windows XP Operating System, the service pack 3 and for users of Windows Vista the service pack 2 is to be used for accessing the e-procurement portal.

Supports Timings: (9.00 am to 9.00 pm) Help Desk: 080-25501216 / 25501227 Or

E-mail: [email protected]

10. SECURITY DEPOSIT:

(i) The successful Bidder shall furnish, within fifteen working days of acceptance of his bids, a Security Deposit for the due performance of his obligations under the contract. The Security Deposit shall consist of:

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(a) A sum equivalent to 5% of the value of the Contract in the form of demand draft or Pay Order issued by a scheduled bank or through E l e c t r o n i c Clearing System (ECS)/other electronic means in favour of the General Manager (Karnataka), Food Corporation of India. The contractor at his option may deposit 50 (fifty) percent of this amount within fifteen working days of acceptance of his tender while the balance 50(fifty) percent may be paid by the contractor by deductions at the rate of 10(ten) percent from the admitted bills. The Security Deposit shall not earn any interest.

(b) Another sum equivalent to 10% of the value of contract, in the form of an irrevocable and unconditional Bank Guarantee issued by State Bank of India or any of Its Associate Banks or by any Public Sector Bank in the format prescribed in Annexure-I which shall be enforceable till six months after the expiry of the contract period.

(ii) In case of failure of bidder to deposit the security deposit within15 working days of acceptance of his tender, further extension of 7 working days can be given by GM(R) subject to levy of penalty @1% of Security Deposit.

(iii) The Security Deposit furnished by the Bidder will be subject to the terms and conditions given in the Bid D o c u m e n t s .

(iv) FCI will not be liable for payment of any interest on the Security Deposit.

(v) In the event of the bidder’s failure, after the communication of acceptance of the tender by FCI, to furnish the requisite Security Deposit by the due date including extension period, his Contract shall be summarily terminated besides forfeiture of the Earnest Money and FCI shall proceed for appointment of another contractor. Any losses or damages arising out of and incurred by FCI by such conduct of the Bidder will be recovered from the bidder, without prejudice to any other rights and remedies of FCI under the Contract and Law. The bidder will also be debarred from participating in any future tenders of FCI for a period of five years. After the completion of prescribed period of five years, the party may be allowed to participate in the future tenders of FCI provided all the recoveries / dues have been effected by FCI and there is no dispute pending with the Bidder/party.

(vi) If the successful bidder had previously held any contract and furnished security deposit with FCI, the same shall not be adjusted against this bid and a fresh security deposit will be required to be furnished.

11. Clarifications & Amendments to Tender documents

FCI may at any time prior to the due date of the bid and for any reason, whether at its own initiative or in response to any clarification sought by any bidder, modify the tender document by way of one or more addendum. Any addendum thus issued will be posted on the website of the corporation (www.fciweb.nic.in) and such addendum will be binding on all. In order to afford the prospective bidders to take into account the addendum or for any other reasons, FCI may, at its discretion extend the due date for the proposal.

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12. Submission of Bids (a) Bidder shall submit the bid electronically before the notified last date and time of tender submission. FCI may extend the deadline for submission of Tenders by issuing an amendment. In which case all the previous rights and obligations of FCI and the bidders which were subject to the original deadline would then be subject to the new deadline.

(b) The bids shall be submitted on line in two parts, viz., technical bid and price bid.

i) The Tenders i.e., Technical Bid and Price Bid with supporting documents as mentioned in the bid document and Annexure–II shall be scanned and uploaded. The tenderers are required to submit the original or self-attested supporting documents, if asked for, on the date of opening of the tenders or on a later date, enabling the Corporation to physically verify the authenticity of the documents scanned and uploaded in the e-Procurement portal, which is required for technical evaluation. The tenders of the tenderers who do not comply with this instruction shall be summarily rejected.

ii) The Appendices/supporting documents of the tender form shall be filled in by the bidder neatly and accurately and uploaded in the relevant place of the e- Procurement portal. Any alteration, erasure or over writing will render the tender invalid. Alteration neatly carried out and duly attested over the full signature of the bidder, however, is permitted.

(iii) The bid document shall be filled in by the bidder without any overwriting, clearly, neatly and accurately. Any erasures or corrections should be duly initialled by the authorised signatory.

(iv) The bidders should not incorporate any condition in the tenders as conditional tenders will be summarily rejected.

(v) It should be clearly understood by the bidder that no opportunity shall be given to them to alter, modify or with-draw any offer at any stage after submission of the bids.

13. Documents to be uploaded with Technical Bid:

a) In case of a “Registered Partnership Firm”, attested copies of partnership deed and power of attorney must be uploaded by the bidder along with the tender. In case of a company, Articles of Association, Memorandum of Association besides Resolution of BOD authorizing the Signatory to sign the bid should be uploaded. After final decision about the tender is taken the successful tenderer shall furnish within 7 working days of the acceptance of tender, a copy of partnership deed, power of attorney, Articles of Association, Memorandum of Association, Resolution of BOD authorizing the Signatory to sign the bid as the case may be duly notarized.

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b) Technical Bid must be accompanied by the documentary evidence in proof of remittance of requisite EMD and tender processing fee through the prescribed mode as mentioned in the bid document.

c) A certificate of Sea-worthiness of the vessels for the contract period of two years, as certified by the Director General of Shipping should be scanned and uploaded.

d) Experience certificate in the proforma prescribed at Annexure-I V shall be produced from customers stating proof of satisfactory execution and completion of the contract(s) besides duly certifying nature, period of contract, and value of work handled. This certificate(s) of requisite experience as mentioned in clause–5 of instructions to bidders shall be scanned and uploaded.

e) Bidder shall furnish ‘Certificate of Registration’ and proof of having control over minimum 20 trucks at Mangalore, 25 tractors at Androth and two vessels with a size of not less than 500 DWT, preferably having mechanical means of opening and closing of hatches and also for the stevedoring, handling and transporting relating operations.

f) Bidder shall possess ‘Trading License’ for all their vessels. A copy of the license has to be scanned and uploaded.

g) The vessels should be insured, and a copy of the insurance certificate should be scanned and uploaded.

h) Copies of the duly audited Balance sheets, Profit and Loss Account statements and filed Income Tax returns/Acknowledgements of the preceding five financial years have to be scanned and uploaded.

i) A copy of the PAN card.

j) Copy of Service Tax Registration issued by concerned department.

k) Copy of Establishment Code evidencing registration under EPF & MP Act and proof of deposit of EPF for the relevant experience period if applicable.

l) Tenders not accompanied by all the Schedules/Annexures intact and duly filled in and signed, may be ignored.

14. Opening of tenders

The Technical Bid shall only be opened on-line first on the due date and time specified. Bidders will be at liberty to be present either in person or through an authorized representative at the time of opening of Technical Bid. The Price Bid of only those Bidders shall be opened whose Technical Bid is found acceptable / qualified. The time & date of opening the Price Bid shall be fixed and intimated to such Bidders in due course.

15. Award of contract

The contract will be awarded to the lowest successful bidder by way communication of acceptance letter by FCI by Registered Post/AD or through e-mail to the bidder in the address and e-mail ID furnished in the bid documents, it shall be binding on the bidder.

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16. Corrupt practices

i. Any bribe, commission, or advantage offered or promised by or on behalf of the bidder to any officer or official of FCI shall (in addition to any criminal liability which the bidder may incur) debar his bid from being considered. Canvassing on the part of, or on behalf of the bidder in any manner will also make his bid liable to rejection.

ii. FCI reserves the right to reject any or all the bids without assigning any reason. The successful bidder will be intimated of the acceptance of his bid by a Regd. post/Fax/e-mail.

iii. In case of any clear indication of cartelization, FCI shall reject the bid(s), and forfeit the Earnest Money Deposit furnished by such bidders.

iv. Late bids i.e. bids received after the specified date and time for receipt of bids will not be considered.

v. If the information given by the bidders in the bid Document and its Annexures is found to be false/incorrect at any stage, FCI shall have the right to disqualify / summarily terminate the contract, without prejudice to any other rights that the FCI may have against the bidder under this Contract and law.

17. Book Examination

The Bidder shall, whenever required, produce or cause to be produced for examination by the General Manager, FCI or any other officer authorized by him in this behalf, any cost or other accounts books, account vouchers, receipts, letters, memoranda or writing, or any copy of, or extract from, any such document, and also furnish information and returns, verified in such manner as may be required, relating to the execution of this Contract. The decision of the General Manager, FCI on the question of relevancy of any document, information or return shall be final and binding on the Bidder. The Bidder shall produce the required documents, information and returns at such time and place as may be directed by the General Manager, FCI.

General Manager (R) Food Corporation of India

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TERMS AND CONDITIONS GOVERNING THE MULTIMODAL TRANSPORT CONTRACT

A. GENERAL CONDITIONS: 1. Definitions

(i) The term ‘Bidder’ ‘Bidders’ wherever they occur shall mean and include the Company, Firm or Proprietary concern with whom the contract has been placed including their heirs, executors, administrators and successors, associates as the case may be.

(ii) The term ‘Carrier’ means the Contractor/Bidder whose bid has been accepted by the FCI for transporting for hire goods by road, and sea;

(iii) The term ‘Consigner’ and ‘Consignee ‘means the Food Corporation of India.

(iv) The term ‘Consignment’ means the food grains, sugar and other goods etc. entrusted to a multimodal transport operator for multimodal transportation

(v) The term ‘Contract’ shall mean the bid (offer) submitted by the bidder in the prescribed bid document along with NIT and all its Annexures & requisite documents alongwith the acceptance of the bid communicated by FCI for the multimodal transportation of goods.

(vi) The term ‘Contract Rates’ shall mean the rates accepted by the General Manager, for and on behalf of the Food Corporation of India, inclusive of all statutory levies, taxes fee, toll, but excluding service tax.

(vii) The term ‘Delivery’ means - Delivery at FCI Godowns at Andrott, or such other place as directed by FCI

(viii) The term ‘FCI’, wherever they occur, shall mean the Food Corporation of India established under the Food Corporations Act, 1964, and will include its Managing Director/Secretary, and its successor(s).

(ix) The term ‘General Manager’ shall mean General Manager of Food Corporation of India under whose administrative jurisdiction the designated Depots to which the contract relates fall and also include any other officer of the FCI duly authorized in this behalf for the time being.

(x) The term ‘Godowns’ shall mean the Depots/Godowns/Mandis/PDCs designated by FCI for the purpose of this contract and belonging to/hired or in occupation/control of FCI at any time and shall also mean and include open platform/plinth built or constructed for storage of Food grains, sugar and other products etc. inside or outside the owned/hired depot premises.

(xi) The term ‘Goods’ means –“Bagged food grains any items of foodgrain and its products, coarse grain, sugar, ground nut and fertiliser etc.”

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(xii) The term ‘Food grains’ shall mean and include any item of food grains& its products, Coarse grains, Sugar, ground nut, fertiliser etc.

(xiii) The term ‘Multimodal Transportation’ means carriage of goods by road from CWC/SWC godowns in Mangalore to FCI godowns in Andrott, through road and sea.

(xiv) The term ‘Multi-modal Transport Contract’ means a contract entered into by the FCI and the multimodal transport operator for multimodal transportation of goods.

(xv) The term "Multimodal transport Operator” means any person who:

a) concludes a multi-modal transport contract on his own behalf or through another person acting on his behalf;

b) Acts as a principal not as an agent either of the consignor or consignee or of the carrier participating in the multi-modal transportation, and who assumes responsibility for the performance of the said contract.

(xvi) The term ‘Services’ means performance of any of the items of work enumerated in the tender document and/or related, auxiliary and incidental as may be indicated by the General Manager – FCI or an Officer acting on his behalf.

(xvii) The term ‘Trucks’ wherever mentioned shall mean mechanically driven vehicle such as Lorries etc., and shall exclude animal driven vehicles.

(xviii) The term ‘Vessel’ wherever mentioned means the watercrafts which are registered under the Inland Shipping Ordinance, 1976 as amended from time to time in case of vessels and Inland Vessels Act, 1917, as amended from time to time in case of Indian Vessels.

2. Parties to the Contract

The parties to the Contract are Food Corporation of India represented by the General Manager (Region) and/or any other person authorized and acting on his behalf and the successful Bidder who has been awarded this contract.

3. Constitution of bidders

(a) Bidders shall, in the tender, indicate whether they are Registered Sole Proprietary Concern or Registered Partnership Firm or a Private Limited Company, or a Public Limited Company and indicate the names of all the partners or Directors of the Company, as applicable in the bid document. The bidder shall also nominate and authorise a person for the active management and control of the work relating to the contract and to continuously liaise with FCI during the tenure of the Contract. The person so nominated shall be deemed to have full authority from the Bidder in respect of the Contract and his acts shall be binding on the Bidder.

(b) If the Bidder is a partnership firm, there shall not be any re-constitution of the partnership without the prior written consent of FCI till the satisfactory completion of the Contract, failing which the Contract shall be liable for termination treating it as breach of Contract by the Bidder with consequences flowing therefore.

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(c) The Bidder shall notify to FCI the death/resignation of any of their partners/directors immediately on the occurrence of such an event. On receipt of such notice, FCI may terminate the Contract at its discretion considering the circumstances.

4. Subletting

The Bidder shall not sublet, transfer, or assign the Contract, or any part thereof. However, Bidder may involve/ associate/charter other agencies for manpower, trucks, vessels/watercrafts/barges etc. but shall remain fully responsible and accountable for any acts of his associates.

5. Relationship with third parties

All transactions between the Bidder and third parties shall be carried out as between two principals without reference to FCI in any event. The Bidder shall also undertake to make third parties fully aware of the aforesaid position.

6. Liability for Personnel

(a) All persons employed by the Bidder shall be engaged by him as his own employees/workers in all respects and all rights and liabilities under the Indian Factories Act, the Employees Compensation Act, Employees Provident Fund & Miscellaneous Provisions Act (EPF & MP Act), Industrial Disputes Act, Contract Labour (R&A) Act and under all other applicable enactments in respect of all such personnel shall exclusively be that of the Bidder. The Bidder shall be bound to indemnify FCI against all the claims whatsoever in respect of his personnel under the Employees Compensation Act, 1923or any statutory modification thereof or otherwise for or in respect of any damage or compensation payable in consequence of any accident or injury sustained by any workmen or other person whether in employment of the Bidder or not.

(b) (i) The Bidder shall be liable for making contributions in accordance with the provisions of the EPF & MP Act, 1952 and the scheme framed there-under in respect of the labour employed by him. The Bidder shall recover the amount payable by such employees and pay to FCI i.e. the Principal employer under the said Act, the amount of member’s contribution together with an equal amount of his contribution. If, on account of the default of the Bidder in making/depositing such payments or for any other reason, FCI makes such contributions on behalf of the Bidder, the FCI shall be entitled to set off against the amount due to the bidder, the contributions made by it on account of his default in making payments or otherwise in respect of the labour employed by the Bidder.

(ii) The Bidder shall maintain and submit the following Records & Returns prescribed under the EPF Act-1952 and the Scheme framed there under to the Authority designated under the said Act and to the General Manager, Food Corporation of India or any officer acting on his behalf :-

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Form -2 Nomination & Declaration Forms to be submitted for new entrants.

Form –3 The Contribution Card for the currency period –Annually. Form – 3A Contribution Card for the currency period from 1st April to 31st

March –Annually. Form – 4 Contribution Card for Employees other than monthly paid

Employees –Annually. Form –5 Return of Employees qualifying for the Membership. Form –5A Return of Ownership to be sent to the Regional Commissioner. Form –6 Return of the Contribution Card and Annual Statement of

Contribution. Form -6A Consolidated Annual Contribution Statement. Form –10 Form of Maintenance of Accounts. Form –11 Balance Sheets Form –12A Statement of Contribution –Monthly.

(iii) The Bidder shall, within 7 days of the close of every month, submit to the Principal Employer (FCI), a Statement showing the recoveries of Contribution in respect of Employees employed by or through him and shall have to furnish such information as the Principal Employer (FCI) is required to furnish under the provisions of Employees Provident Fund Scheme 1952 to the Commissioner.

(iv) The Bidder shall maintain Inspection Note Book in the form as may be specified by the Commissioner, for an Inspector to record his observations on his visit. The Bidder shall also make available the same when asked for inspection to the Officers of the Regional Provident Fund Commissioner and to the General Manager, Food Corporation of India or Officer authorized by him or acting on his behalf.

(c) If the Bidder fails to submit the prescribed Returns, Records and other documents to the designated authority under the EPF Act and Scheme framed there under and also to General Manager, FCI or an Officer acting on his behalf, FCI will be at liberty to withhold the pending bills, Security Deposit etc., and or any other payments due to the Bidder.

(d) In complying with the said enactments or any statutory modifications thereof, the Bidder shall also comply with or cause to be complied with the labour regulations enactments made by the State Govt./Central Govt. from time to time in regard to payment of wages to the workers, wage period, deduction from wages, recovery of wages not paid and deductions unauthorizedly made, maintenance of wage book and wage slip, publication of the scale of wages and other terms of employment, inspection and submission of periodical returns and all other matters of like nature.

(e) Notwithstanding the fact whether the said legislations, enactments or any statutory modifications thereof, are applicable or not to the employees/workers employed by the Bidder he shall comply with the following:

(i) Payment of Wages to Workers: The bidder shall pay not less than minimum wages to the workers engaged by them as notified by the Appropriate Authority from time to time during the currency of contract period. Where such wages have not been so notified by the appropriate authority, the wages prescribed by the General Manager (R), as minimum wage shall be made applicable.

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The Bidder shall maintain following records and registers as per Minimum Wages Act, 1948 & Central Rules made there under:

Form – I Register of Fines. Form – II Register of deduction for damage or loss caused to employer by

the neglect or default of the employed person. Form – III Annual Return. Form – IV O.T. Register for workers Form – V Muster Roll Form -IX A Abstract of the Minimum Wages Act, 1948 & Central Rules to be

displayed on Notice Board. Form -XI Wage Slips should be issued to the Contract Labour in a day

prior to disbursement of wages.

The Bidder shall pay equal wages to women labour at par with men doing/ performing for similar nature of work.

(ii) Weekly off: The Bidder shall allow or cause to be allowed to the workers

directly or indirectly employed in the work one day’s rest for six days continuous work and pay wages at the same rate as for duty.

(iii) Attendance Allowance: The Bidder shall pay attendance allowance per day

@ 50% of the daily wages notified by the Ministry of Labour under the Minimum Wages Act from time to time to the regular workers generally employed by him on piece rate or time rate basis when such worker report for duty on the day but is not booked or given work for the day shift. Aforesaid wage / benefits at Clause (VI) (e) (i) to (iii) shall be deemed to be a part of this contract and any contravention thereof shall be deemed to be a breach of this contract. The General Manager shall have the right to deduct any sum due to the bidder required for making good the loss suffered by a worker or workers by reasons of non-fulfilment of the condition of the contract for the benefit of workers, non-payment of wages, or of deductions made from his or their wages which are not justified or non-observation of any of the Regulations/Enactments.

(f) Welfare and Health of Contract Labour:

Duties and responsibilities of the Bidder: The Bidder shall comply with the provisions as regards canteen/rest room, latrine, urinal, washing facilities, first aid facilities etc as contained in the Contract Labour (Regulation & Abolition) Act 1970 and other applicable laws as amended from time to time:

(i) Where contract labour is required to halt at night and work is likely to continue

for three months, a rest room is to be provided by the Bidder within 15 days. (ii) Where 100 or more Contract Labour is likely to continue work for six months,

the Bidder should provide a Canteen within 60 days of employing labour. (iii) Sufficient supply of drinking water at convenient places to be provided.

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(iv) Sufficient number of latrines and urinals to be provided.

(v) Adequate and suitable washing, bathing places separately for men and

women, shall be provided by the Bidder. (vi) First Aid Box (one box for 150 Contract Labour) to be provided in working

hours. (g) (i) Every Bidder whose bid is accepted by FCI shall immediately apply for license to the prescribed licensing authority through the FCI (principal employer) in terms of Section 12 of the Contract Labour (R&A) Act, 1970 before entering into any work under the contract. The Bidder shall also obtain temporary licenses whenever required under Rule 32 of the relevant Rules in cases where he intends to employ more labour in number than that mentioned in the regular license for short durations not exceeding 15 days. The Bidder shall also make an application in Form VII through the principal employer (FCI) for renewal of the expiry of the regular license as the regular License is valid for 12 months. The Bidder shall also get the temporary license renewed whenever necessary through the Principal Employer. If for any reason, the application for a license is finally rejected by the licensing/appellate authority, the contract shall be liable to be terminated at the risk and cost of the Bidder and the decision of the General Manager in this behalf shall be final and binding on the Bidder.

Every Bidder shall also abide by all the provisions of the Contract Labour (R&A) Act, 1970 and the Rules framed there-under:

(ii) As per Rule 25(2) (VIII), every Bidder shall file a return intimating commencement/completion of contract work within 15 days to the inspector in Form VI A.

(iii) As per Rule 75, the Bidder shall maintain a Register of workmen Employed in Form – XIII and he shall also display hours of work, nature of duty etc.

(iv) Employment Card shall be given by Bidder in Form XIV to each worker within 3 days of employment as per Rule 76.

(v) Every Bidder shall issue a Service Certificate in Form – XV to the workman on termination of his services as per Rule 77.

(vi) As per Rule 82(1), every Bidder shall submit half yearly returns in duplicate in Form-XXIV to Licensing Officer within 30 days from the close of half year.

(vii) Notice to be displayed as required under Rule 81(1) and copy of notice to be sent to Inspector as per Rule 81(2).

(viii) The Bidder shall also maintain following records / registers also:

(a) Muster Roll in Form –XVI.

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(b) Register for deduction for damage, loss in Form XX as per Rule 78(1) (a) (ii).

(c) Register of Fines in Form-XXI. (d) Register of Advances in Form –XXII.

(h) The Bidder shall comply with the provisions under the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 if applicable to the labour engaged under the contract.

(i) The provisions indicated above are not comprehensive; the Bidder shall ensure compliance of all statutory/mandatory provisions under all the applicable laws, Rules & Regulations made by the State Govt./Central Govt. from time to time pertaining to the contract, including all labour laws and the laws as applicable.

(j) If as a result of the Bidder’s failure to provide any of the statutory benefits under any labour welfare enactments, the liability falls on FCI, such amounts incurred by FCI will be recovered from the Bidder without prejudice to the right of FCI and such other legal recourse against the Bidder including termination of the contract.

7. Compliance of Laws

Bidder shall comply with all applicable Rules and Regulations /Enactments /Orders /Instructions prevailing in the territory of India & as amended from time to time pertaining to the Contract.

8. Bribe, Commission, Gift etc.

Any Act of bribe, gift or advantage, given, promised or offered, by or on behalf of the Bidder, or any of their partners/Directors/Agents or officials, or any person on his or her behalf to any officer, officials, representative or agent of FCI, or any person on his or their behalf, for showing any favour or forbearing to show any disfavour to any person in relation to the Contract, shall make this Contract or any other Contract with FCI liable for termination and the Bidder shall be liable to reimburse FCI of any loss or damage resulting from such cancellation.

9. Period of Contract

(i) The Contract shall remain in force for a period of two years from the date of acceptance letter or such later date as may be decided by GM(R), FCI, on the same terms & conditions.

(ii) The General Manager reserves the right to terminate the Contract at any time during its currency without assigning any reasons thereof by giving Thirty Days’ Notice in writing to the Bidder at the notified address and the Bidders shall not be entitled to any compensation by reason of such termination. The action of the General Manager (Region) under this Clause shall be final, conclusive and binding on the Bidder.

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10. Weighment, Counting & Physical examination (a) At the designated depots at Mangalore, FCI will resort to cent percent weighment and counting of food grain bags (consignments) in the presence of the authorized representatives of the Bidder who will also sign in acknowledgement of the weight and number of food grains bags entrusted to him. This process will be repeated at the destination in the designated depots in Andrott while receiving the cargo from the Bidder which will also be duly acknowledged by the authorised representative of the Bidder. The Bidder shall be responsible to deliver the consignee the equivalent weight and number of food grains bags entrusted to him at the designated Depots in Mangalore. Any operational gain noticed by way of moisture absorption during voyage, the advantage thereof will be solely to the benefit of FCI and the Bidder has no right whatsoever and any claim in this regard.

(b) FCI will also undertake the physical examination of the consignments received at the destination in the presence of the authorized representatives of the Bidder. If any shortages/damages are found except when the General Manager (whose decision shall be final) decides that the difference between the weights taken at the despatching and receiving ends are negligible and is due to discrepancies between the scales, gain/loss due to moisture or other causes beyond the Bidder’s control, the Bidder shall be responsible for such loss/damage and FCI shall recover the same from the Bidder and in accordance with the provisions under this contract.

11. Security Deposit

(i) The Security Deposit furnished by the successful Bidder as per clause 10 of Instructions to Bidders above will be subject to the terms and conditions of this contract. In case the Bidder violates any of the terms of the contract or fails to perform the obligations under the contract it shall be lawful for FCI to terminate the contract at the risk and cost of such Bidder and to forfeit the Security Deposit or any part thereof for recovery of all losses, damages, costs and expenses which may be incurred by FCI consequent to such termination and / or in completing the transportation of the Food grain stocks at the risk & cost of the Bidder. FCI may also effect recovery from any other sums then due to the Bidder or which at any time thereafter may become due under this or any other contract with FCI and should this sum also be not sufficient to cover the full amounts recoverable, the Bidder shall pay FCI on demand the entire remaining balance due. The decision of the General Manager (Region) FCI in respect of such losses, damages, charges, costs and expenses shall be final and binding on the Bidder.

(ii) The Security Deposit will be refunded to the Bidder on due and satisfactory performance of the services and on completion of all obligations by the Bidder under the terms of the Contract, and on submission of a ‘No Dues Certificate’, subject to such deduction from the security as may be necessary for recovering FCI’s claims against the Bidder. FCI will not be liable for payment of any interest on the Security Deposit.

(iii) Whenever the Security Deposit falls short of the specified amount, the Bidders shall, make good the deficit so that the total amount of Security Deposit shall not at any time be less than specified amount.

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12. Liability of Bidder for losses suffered by FCI

(a) The Bidder shall be liable for all costs, damages, compensation, fees, charges, levies, and expenses suffered or incurred by FCI due to the Bidder’s or his employees negligence and/or unworkman like performance of any services under this Contract, or breach of any terms of the Contract, or failure to carry out any of the obligations under the Contract. The decision of the General Manager(R), FCI regarding such failure of the Bidder and his liability for the losses, etc. suffered by FCI, and quantum of such losses, shall be final and binding on the Contactor and FCI is entitled to recover all such losses from the Bidder.

(b) Without prejudice to generality of the foregoing and subject to force majeure , the parties to this contract treat time as the essence of this contract and it is a further condition of the Contract that in the event of failure of the Bidder to complete the transportation of food grains from the designated depots at Mangalore to the designated depots at Andrott within the stipulated time, the Bidder will be liable to pay FCI Liquidated Damages @ Rs. 100/- (One hundred) per ton per day which the parties to the contract having agreed to as reasonable pre-estimate of the losses to FCI arising on account of such failure.

(c) The Bidder shall provide sufficient number of tarpaulins for each truck and Vessel to cover the bags of food grains etc. and take reasonable precautions to avoid wetting/damage/loss to food grains during the transport. In the event of deficiency in service by Bidder in not providing the tarpaulins for spreading on the decks of trucks /Vessels for covering the consignment after loading, the Bidder will be liable to pay FCI Liquidated Damages @ Rs. 100/- (One hundred) per ton per day which the parties to the contract having agreed to as reasonable pre-estimate of the losses to FCI arising on account of such failure, without prejudice to any other right or remedies under the contract and law.

(d) Without prejudice to the rights of FCI under sub-clauses (a), (b) & (c) of this Clause, it is a further condition of the Contract that in respect of any shortage, wastage, loss or damages to the goods in transit, the Bidder is liable to pay to FCI Liquidated Damages at twice the average acquisition cost of FCI of the commodity transported, as applicable from time to time, for all food grain and commodities other than sugar, and thrice the average acquisition cost as applicable from time to time in respect of sugar, except when the General Manager (whose decision shall be final) decides that the difference between the weights taken at the dispatching and receiving ends is negligible and is due to discrepancies between the scales ,gain on loss in moisture, or other causes beyond the Bidder’s control. The parties to the Contract have agreed that the amount of Liquidated Damages specified above represents a genuine estimate of the loss likely to be caused to FCI by the shortage, wastage, loss or damage to the goods in transit. Such recovery of Liquidated Damages shall be effected without prejudice to the right of FCI to initiate civil/criminal proceedings against the defaulting Bidders wherever it is suspected that the shortage/losses occurred due to deliberate/wilful omission, theft, misappropriation, irregularities etc. committed by the Bidders or their representatives/employees.

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13. Force Majeure

(a) If either party is prevented, hindered or delayed from or in performing any of the obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances there of within 14 (fourteen)days after the occurrence of such event.

(b) The party who has given such notice shall be excused from the performance or punctual performance of its obligation under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for completion shall be extended by a reasonable time.

(c) The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect there of upon its or their performance of the contract and to fulfil its or their obligations under the contract, but without prejudice to either parties’ right to terminate the Contract.

(d) If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than 60 (sixty) days or an aggregate period of more than 120 (one hundred and twenty) days on account of one or more events of Force Majeure during currency of the Contract, the parties will attempt to develop a mutually satisfactory solution.

14. Summary termination of the Contact & Recovery of losses suffered by FCI.

(a) In the event of the Bidders having been adjudged as insolvent or going into

liquidation or winding up their business or making arrangement with their creditors or failing to observe any of the provisions, obligations, terms and conditions governing the contract the General Manager, FCI shall be at liberty to terminate the contract forthwith and to realize from the Bidders all resultant losses, damages, costs incurred without prejudice to any other rights or remedies under the contract and law and to get the work done for the unexpired period of the contract at the risk and cost of the Bidders.

(b) The General Manager, FCI shall also have, without prejudice to other rights and remedies, the right in the event of breach by the Bidder of any of the terms and conditions of the contract, to terminate the contract forth with and to get work done for the unexpired period or unexpired portion of work covered by the contract at the risk and cost of the Bidders and to forfeit the Security Depositor any part thereof for recovery of all losses, damages, costs and expenses which may be incurred by FCI consequent to such termination and / or in completing the transportation of the Food grain stocks at the risk & cost of the Bidder. FCI may also effect recovery from any other sums then due to the Bidder or which at any time thereafter may become due under this or any other contract with FCI and should this sum also be not sufficient to cover the full amounts recoverable, the Bidder shall pay FCI on demand the entire remaining balance due.

(c) The Bidders shall be responsible to engage adequate and sufficient labour/vessels/trucks and any other transport vehicles or equipments or other devices including mechanical devices for loading/unloading transport and carrying out all the services under the contract in accordance with the instructions issued by the General Manager (R), FCI or an officer acting on his

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behalf. The Bidder may engage stevedoring, if applicable for carrying out the operations at the port. If the Bidders fail to engage the requisite number of labour & vessels & trucks the General Manager (R), FCI shall at his sole discretion, without terminating the contract be at liberty to make alternate arrangements to engage labour/vessels/trucks etc. at the risk and cost of the Bidders, who shall be liable to make good to FCI all additional charges, expenses, costs, damages or losses that FCI may incur or suffer. The Bidders shall not, however, be entitled to any gain resulting from entrustment of the work to any other party. The decision of the General Manager (R), FCI in this regard shall be final and binding on the Bidders.

15. Governing Laws and Jurisdiction

(a) The contract will be governed by the laws of India for the time being in

force.

(b) In case of any dispute arising out of this contract, the same will be dealt in the Court of Law of Competent Jurisdiction.

16. Overrun Compensation

No overrun compensation is payable even in case the project is delayed beyond the reasons attributable to Bidder.

17. Taxes and Duties: (i) TDS as applicable under the provision of the Income Tax Act shall be deducted at prevailing rates on gross invoice value from the bills of the Bidder.

(ii) All applicable taxes (except Service Tax including Educational Cess and other cess, if any),charges, royalties, duties, Octroi, any state or central levy and other taxes for materials obtained for the work and for the execution of the contract shall be borne by the Bidder. The Bidder shall also be responsible for payment of protocol charges as applicable. The Quoted rates in the price bid of the bidder shall be inclusive of all such requirements.

18. Payment

Payment will be made by the General Manager, FCI on submission of bills, in triplicate, duly supported by consignee receipts. The Bidder should submit all the bills not later than 2 months from the date of expiry of the Contract so that the refund of the Security Deposit may be speeded up. In order to facilitate early disposal of bills, the Bidder is advised to submit bills weekly/fortnightly.

19. Rates

The quoted rates shall remain firm throughout the tenure of the contract and no revision is permissible for any reason, including on account of revision of statutory / Govt. levies/charges, protocol rates, taxes, duties, increase in the price fuel etc. All rates shall be quoted in Indian Rupees & any exchange rate risk shall be borne by the Bidder.

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20. Set–off

Any sum of money due and payable to the Bidder (including Security Deposit refundable to the Bidder) under this Contract may be appropriated by FCI and set off against any claim of FCI for the payment of any sum of money arising out of, or under this contract or any other Contract made by the Bidder with FCI.

21. Certificate of Completion

The work under the contract shall be deemed to have been completed in all respects only when so certified by FCI. The decision of FCI in this regard shall be final and binding on the Bidder.

22. Responsibilities of the Bidder

The responsibility for registration of the Vessel in the concerned Ports and the MMD, making available the permission for voyage within the Port and the Waters in and out for bunkering and also for harbouring etc. shall be on the Bidder. The Bidder shall have all the necessary current documents relating to the vessels and the crews. The vessels shall be equipped with all the accessories including bunkers life guards etc.

(1) Act with Reasonable Diligence: The Bidder shall always be bound to act with reasonable diligence and prudence while executing the obligations under the contract.

(2) Charting the Movement Plan: The Bidder shall be responsible for charting the movement plan in advance in consultation with General Manager (R), FCI or an officer acting on his behalf.

(3) Programme of Loading and Transportation: The Bidder shall obtain daily from the General Manager FCI or any officer acting on his behalf the programme of loading/transportation of food grains for the next date/day and the particulars of the number of bags of food grains etc; required to be transported, the place where the trucks should report for loading etc. and shall provide adequate number of lorries/trucks and Vessels in good and hygienic condition in accordance with the programme and shall ensure that the lorries/ trucks etc. are positioned at the defined loading points as indicated by the General Manager FCI or any officer acting on his behalf, daily at the time specified.

(4) Arranging Transportation within Short Notice: In special cases the Bidder may also be required at short notice to arrange to transport bags of food grain, sugar etc. and shall bound to comply with such requests.

(5) Nominating Representative: The Bidder shall intimate the General Manager, FCI and/or Officers authorized to act on his behalf, the name of one or more responsible representative(s) authorized to act on his behalf in day to day working of the contract and produce power of attorney to the said effect. It shall be the duty of those representative(s) to call at the office of the General Manager(R), FCI or an officer acting on his behalf, every day and generally to remain in touch, with them, to obtain information about the programme of arrivals and dispatches and to report the progress of loading/unloading/ transportation and to take instructions in the matter.

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(6) Route survey report: The bidder shall submit the route survey report which shall include the constraints and time-bound action plan for corrective actions to be taken by the bidder for resolution of those constraints towards transportation en-route, including total blue print for logistics operation and simulation of transportation from designated godowns at Mangalore to designated godowns at Andrott.

(7) Schedule of Vessels: The Bidder shall firm-up Vessel sailing schedule for

transportation of food grains after carrying out necessary verification of historical data related to water availability/draft etc. in the sea, in consultation with appropriate governmental / non-governmental agencies and submit such schedule to General Manager, FCI or any other officer acting on his behalf for finalising the charter of transportation of food grains.

(8) Familiarity with Traffic, Congestion Etc.: The Bidder shall be conversant

with all traffic systems, regulatory measures, congestions, diversions etc both in land and waterways.

(9) Deployment of Adequate trucks, Vessels and Labour: The Bidder shall be

responsible for deploying adequate and sufficient number of trucks, vessels and experienced/ skilled labour, stevedoring agents, if applicable, at the designated depots/port/jetty points at Mangalore, Andrott and such other places as required for loading, unloading, stacking &transportation of food grains, cleaning the deck of truck/ Vessel where foodgrains are loaded and such other auxiliary and incidental works sufficient for carrying out all services under the Contract in consultation with the General Manager ( R ),FCI or an officer acting on his behalf.

(10) Information on Trucks and Vessels: The Bidder shall furnish the copies of

the registration certificates and other description of the Trucks/ Vessels used for transportation of food grains so as to facilitate checking of the same by the officers/officials of FCI.

(11) Documentation: The Bidder after the completion of the loading shall issue

assigned Multimodal Transport Document in the form as appended in Annexure III.

(12) Transportation by Trucks and Vessels: The Bidder shall transport by

trucks/vessels to be arranged by him such quantity of food grains etc; as maybe required day to day by the General Manager( R), FCI or an Officer acting on his behalf.

(13) Transportation through Road and Sea transport: The Bidder shall

transport the food grains by road taking the trucks to the Ports at Mangalore where the food grains are unloaded and then loaded directly to the vessels or stacked at the port through the labour engaged by the Bidder. At the ports, if need be, the Bidder will associate stevedoring agents.

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(14) Quantity to be Transported subject to Revision: The quantity mentioned in any programme of loading given by the General Manager FCI or any other officer acting or his behalf is liable to be varied at any time by FCI and in that event the Bidder shall accordingly revise the number of trucks required for transportation of the quantity shown in the revised programme of loading, so also the Bidder shall vary the number of Vessels and handling labour as per the revised programme. The Bidder will not be entitled to any damages/ compensation whatsoever for not entrusting him with the quantity of work specified in any programme of loading issued to him.

LOADING

(15) Placing Trucks at FCI Depots: The Bidder shall place his trucks at FCI

designated depots at Mangalore to enable FCI to load food grain bags to the trucks with the help of its labour.

(16) Weighment: The weight of the bags of food grains etc. loaded /unloaded into/

from trucks / Vessels or any other vehicle shall be worked out on the basis of cent percent weighment. The representative of the Bidder shall be present at the time of checking of the weights at the loading/unloading points etc. The General Manager, FCI will be the sole Authority for determining the quantum of loss which shall be binding on the Bidder.

(17) Loading to be done as per the Regulations: The loading of the food grain

stock will be restricted to the rated axle load of the commercial vehicles prescribed under the Motor Vehicles Act and Rules of India & as applicable and as amended from time to time and the Bidder shall strictly abide by such rules in regard to loading of vehicles. If any penalty is imposed by any authority or any action is taken for overloading the vehicle, the Bidder shall be solely responsible for the same. Any Bidder resorting to overloading of the trucks in violation of the Rules will be treated as violating the terms & conditions of the Contract for which his Contract is liable to be terminated. Similarly, loading of vessels shall be restricted to its registered permissible load carrying capacity.

(18) No Mixing up: The Bidder shall take care not to mix bags or different kind of

foodgrains, bags containing different qualities of the same food grains, and bags containing wet/damaged grains, sweepings etc; with bags of sound grains.

TRANSPORTATION

19. i) Transporting by trucks/vehicles from CWC/SWC, Mangalore to Mangalore Port.

ii) Unloading from trucks/vehicles and stacking the bags wherever necessary on

the platform/ground, carrying by head-loads/change of head-loads or wherever necessary by using hand trolleys, carts etc., and loading them inside the vessels/hatches/barges.

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iii) Shipping the stocks in vessels from Mangalore Port to Port, Lakshadweep.

iv) Unloading from vessels/hatches/barges and stacking the bags wherever necessary on the platform/ground, carrying by head-loads/change of head- loads or wherever necessary by using hand trolleys, carts etc., and loading them inside the trucks/tractors/vehicles.

v) Transporting from Port to FCI godown.

vi) Delivery of the stocks at FCI godown, Andrott Island and obtain

acknowledgement from concerned officers in token of having received the entire quantity without any quality complaint loaded at CWC/SWC, Mangalore and produce the same at FCI, DO, Shimoga. The remuneration for stacking of bags at ports wherever necessary and providing the means of carriage mentioned above shall be deemed to be included in the contract rates.

(20) Safety of Food grains: The Bidder shall be responsible for the safety of the

goods/food grains from the time they are loaded from godowns on to the trucks deployed by the Bidder until they have been unloaded from the trucks at the godowns at the final destination as specified in the Contract or as directed by the General Manager FCI or any other officer acting on his behalf. The Bidder shall provide tarpaulins on decks of the truck so as to avoid loss of grain, etc. through the holes/crevices in the decks of the truck/ vessel.

(21) Liability for damage and Loss: The Bidder shall be liable to make good the

value of any loss, shortage or damage during transit as per the terms of this contract.

(22) Delay in Delivery: The Bidder shall be liable for any loss/damage caused by

any delay in the delivery of goods/food grains to FCI due to breakdown of vehicle or its detention by the police, customs, Tax authorities or other Authority for non-compliance of any of the Rules and Regulations as per the terms of this contract.

(23) No other Goods to be loaded: The Bidder shall not allow any other goods to

be loaded in the lorries/trucks/ vessels in which the food grains etc. of FCI are loaded and vice-versa.

(24) Bidder to pay all charges etc.: Bidder shall bear at his cost and pay all

statutory and non-statutory, auxiliary and incidental charges, levies, duties, Fees, toll, expenses, protocol charges, cost and expenses of surety bond if insisted by India, stevedoring costs etc. levied and incurred in end to end multimodal transportation of food grains from FCI depot at Mangalore to FCI depot at Andrott through under protocol route.

(25) Bidder to obtain all Clearances etc.: The Bidder shall wherever necessary

obtain all clearances and permits from RTO or other concerned authorities from Indian authorities/various agencies for safe handling & transport of foodgrains through waterways and roadways, modification of ports suitable for food grain handling and ensure compliance of all legal and statutory

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formalities, arrange all required safe cargo Handling facilities at port of origin, port of discharge, transhipment points till safe delivery to the consignee. The Bidder shall obtain timely customs clearance/customs formalities at port of origin and port of discharge and anywhere en-route.

(26) Bidder to arrange Security/Escort: The Bidder shall at his expense arrange

suitable Security/Escort/Watch and Ward for monitoring and ensuring the safety and security of the food grain stocks from the time the stocks are entrusted to the Bidder till the same is delivered in good condition to the consignee at the destination.

(27) Bidder to ensure safety & preservation of the food grains: The Bidder

shall ensure safety & preservation of the food grains consignments, as required and advised to him by the General Manager, FCI or an officer acting on his behalf.

(28) FCI Inspection: The Bidder shall permit the General Manager, FCI or any

other officer acting on his behalf inspection of any or all operation during transportation, loading/unloading/transhipment/stacking/lifting etc.

(29) Bidder to arrange Material Handling facility: The Bidder shall at his cost

arrange necessary material handling facility required for safe and secure transportation, loading/unloading/transhipment /stacking/lifting etc. of food grains by road/mode and shall also arrange at his cost tarpaulins, ropes, wooden crates/planks etc for protecting the food grains from weather/rain, theft, damage etc. right from receipt of the consignment up to delivery at site and shall cover every consignment of trucks/ Vessels with tarpaulins and bind with ropes. The bidder shall also spread his own tarpaulins or gunny bags at the loading/unloading points to avoid wastage and damage. The bidder shall be responsible, if any loss/damage occurred to the food grains due to his failure to supply adequate number of tarpaulins or to take reasonable precautions. The decision of the General Manager, FCI in this matter shall be final and binding on the Bidder.

(30) Notification of loss/damage: The Bidder shall immediately notify FCI of any

damage, loss, theft etc. occurred to the food grains while in the custody of the Bidder and shall Coordinate damage assessment / certification, reporting, lodging First Information Report with local governmental authorities, to coordinate with all concerned including Insurance Surveyor and take all necessary steps at once in order to secure the rights of Corporation/Insurer.

(31) Fitness Certificate of Trucks & Vessels: The trucks/lorries and vessels to

be deployed for transportation of food grains shall have valid fitness certificate from concerned authorities and required documents issued by government /road /water transport authorities for the proposed use.

(32) Vessels: All Vessels to be put to use by the bidder, shall have all certificates

including sail worthiness certificate, requisite institution of classes/Marine insurance certificate, and should have requisite permission for berthing at Indian ports.

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(33) Demurrage on Bidder: Bidder shall ensure timely loading/ unloading of cargo

to/from the Vessel. Any demurrage or associated costs due to delay in loading/unloading to/from the Vessel shall be at the cost & responsibility of the Bidder.

(34) 24 Hours working: Bidder will work round the clock at the port/en-route anywhere, as required with required manpower having proper experience.

(35) Liaison by Bidder: The Bidder will liaise with all Governmental/ Non-Governmental/Private authorities/agencies in India & for smooth transportation of food grains, the cost of liaison and coordination with all concerned authorities will be to bidder’s account.

(36) Additional cost: Any non-specific service item, which is necessary for satisfactory completion of the work under the scope of this contract but not specified here, shall be deemed to be included in the contract at no additional cost.

(37) Risk and Responsibility on Bidder: Bidder shall own all risks and responsibility from the time of taking over the food grains /consignment from the designated depots at the place of origin to the designated depots at the destination till the same is received and taken over by FCI.

(38) Progress Reporting by Bidder: Bidder shall report the progress of

transportation in writing to General Manager FCI or any other officer acting on his behalf. Bidder shall submit daily progress report indicating the receipt/ dispatch status at port/storage facility/movement status of Vessels, constraints if any, etc.

(39) Documentation by Bidder: Bidder should be well conversant about the

procedure & documentation requirements for such works under the contract and shall be responsible for all documentation pertaining to the contract whatsoever.

(40) Emergency Handling: Bidder shall furnish his Emergency preparedness/

contingency arrangement for rescue/recovery from any disruption of journey during transportation by road/ sea.

(41) Insurance

(a) The Bidder shall at his cost obtain a comprehensive Marine cum Transit

Insurance Policy in favour of Food Corporation of India against all losses and damages, covering the total value of the foodgrains to be moved under this contract and furnish such insurance policy to FCI before commencement of the work under this contract.

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(b) Notwithstanding the provision of the Insurance Policy, FCI reserves the right to proceed against the Bidder exclusively for any claims arising out of this Contract.

(c) The bidder may also obtain at his cost necessary third party insurance

policy/covering his men and material. The Bidder shall be liable for settlement of third party claims and claims by his employees/men engaged under the contract without any liability to FCI.

(42) Staff Expenditure: The bidder shall arrange food, accommodation,

transportation etc. of his own and his sub-Bidder’s staff and workers including Captains and crews of the vessels employed for the operation of vessels.

(43) Vehicle Risk on Bidder: The bidders will operate their vehicles entirely at

their risk and FCI will not be held responsible for any damage to the vehicle/Men/third party while transporting the food grains of FCI or when parked in or around the FCI premises. The Bidders will make their own arrangements at their cost for proper parking and safety of their vehicles.

(44) Statutory Responsibility and Liability on Bidder: The contract as entered

into between FCI and the Bidder shall in no way nullify, reduce, mitigate or absolve the parties of any responsibility, obligation or liability that may devolve upon them under any statutory/mandatory provisions prevailing in India and pertaining to the contract. Liabilities of the Bidder according to obligatory laws remains unaffected and Bidder will remain responsible for settlement of claims of third parties which have suffered damage either due to the Bidder, his employees and associates.

(45) Bidder Responsible for conduct and loss of its employees: The Bidder

shall be responsible for the good conduct of their employees/labour and shall compensate FCI for losses arising from neglect, carelessness, want of skill or misconduct of bidder, his servants, agents or representatives. He shall deploy only trained & licensed driver(s), for the purpose intended.

(46) FCI has right to ask for Removal of Employees: FCI shall have the right to

ask for removal of any employee of the Bidder, who in the opinion of FCI is hampering the smooth execution of the work. The decision of FCI regarding losses caused by neglect and misconduct etc; of the Bidder, his servants or agents or representatives shall be final and binding on the Bidder.

(47) No wastage or damage to food grains: The Bidder shall take adequate

steps and necessary precautions to avoid wastage and damage to the food grains etc. during the loading/unloading/transportation of food grains.

(48) Bidder to provide equipment: The Bidder shall at his cost provide planks,

ladders and all other required facilities/equipments for the purpose of loading/unloading/stacking into/from trucks/vessels. No filled bags (with grains etc.) shall be used in the operation.

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(49) No large Hooks while handling: The Bidder shall ensure that his workers do not use large hooks for handling food grains bags or any hook for handling flour, sugar and fertilizer bags at any stage. The Bidder may supply small regulation size hooks approved by the General Manager to his workers for handling food grains bags. The use of hooks other than those approved by the General Manager, FCI or an Officer acting on his behalf, for handling food grains or flour, sugar and fertilizer will render the contract liable to cancellation. The Bidder shall also be liable to make good to FCI any losses caused by the use of unauthorized hooks. The decision of the General Manager (R) regarding such losses shall be final and binding on the Bidder.

(50) SUPPLY OF EMPTY GUNNIES AND TWINES:

The contractor shall be liable for filling spillages and replacement of unserviceable/ torn/badly damaged gunnies while movement of food grains from depot/load port and/or depot /receiving port. No gunnies/twines will be supplied by the Corporation at loading/unloading depots/ports. No separate remuneration for filling spillages and or replacement of unserviceable/torn/ badly damaged gunnies shall be paid and the rates quoted will be inclusive of the services including cost of replacing of gunnies/ twines etc.

(51) Cleaning: The Bidder shall be responsible for the cleaning of the interior and

loading deck of trucks and vessels at his cost prior to loading of food grains to the satisfaction of the FCI officer(s) supervising loading/despatches.

(52) Incidental Service Free: The Bidder shall be responsible for performing all

the services detailed in and arising out of and incidental/auxiliary to this contract and in contingencies even during night without any additional remuneration whenever required by the General Manager (R) or an Officer acting on his behalf.

(53) Bidder liable for Loss Damage due to Negligence or breach of contract:

The Bidder shall be liable for all costs, damages, charges and expenses suffered or incurred by FCI due to the Bidder’s negligence and unworkman like performance of any service under this contract or breach of any terms thereof and for all damages or losses occasioned to FCI. The decision of the General Manager (R) regarding such failure of the Bidder and his liability for the losses etc. suffered by FCI shall be final and binding on the Bidder.

(54) Signboards display: The Bidder shall display prominently on his trucks

/vessels two or more signboards as prescribed by FCI painted in black and white indicating that the stocks carried therein belong to the Food Corporation of India. No extra remuneration, whatsoever will be payable for displaying such signboards.

(55) The bidder shall at his cost make necessary arrangements for Quarantine of

the foodgrains consignments, if needed.

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B. Special Conditions Governing Multimodal Transport Document (MTD). 1. Effect of issuance of Multimodal Transport Document (MTD):

(a) The issuance of the MTD confers and imposes on all parties having or acquiring hereafter an interest in the rights/obligations and defences set out in the conditions mentioned in this document.

(b) However, this MTD is subject to the terms and conditions of the Multimodal Transport Contract. In case of any conflict between the terms and conditions mentioned in MTD and those in the Multimodal Transport Contract the latter shall prevail.

(c) By the issuance of the MTD the Multimodal Transport Operator:-

(i) undertakes to perform and /or in his own name to procure performance of

the multimodal transport including all services which are necessary to such transport from the time of taking the goods in charge to the time of delivery, and accepts responsibility for such transport and such services to the extent set out in these conditions and the Multimodal Transport Contract;

(ii) accepts responsibility for the acts and omissions of his agents or servants, when such agents or servants are acting within their scope of their employment, as if such acts and omissions were own;

(iii) accepts responsibility for the acts and omissions of any other person whose services he uses for the performance of the contract evidenced by this "Multimodal Transport documents”;

(iv) undertakes to perform or to procure performance of all acts necessary to ensure delivery;

(v) assumes full liability for the loss of or damage to the goods occurring between the time of taking them into his charge and the time of delivery, and undertakes to pay compensation in respect of such loss or damage;

(vi) assumes full liability for delay in delivery of the goods and undertakes to pay compensation as fixed by the GM (FCI).

2. Reservations

If the MTD contains particulars concerning the general nature, leading marks, number of packages or pieces, weight or quantity of the goods which the Multimodal Transport Operator or a person acting on his behalf knows, or has reasonable grounds to suspect, do not accurately represent the goods actually taken in charge, or if he has no reasonable means of checking such particulars, the Multimodal Transport Operator or a person acting on his behalf shall insert in the Multimodal Transport Document a reservation specifying these inaccuracies, grounds of suspicion or the absence of reasonable means of checking. If the Multimodal Transport Operator or a person acting on his behalf fails to note on the Multimodal Transport Document the apparent condition of the goods, he is deemed to have noted on the Multimodal Transport Document that the goods were in apparent good condition.

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3. Evidentiary effect of the Multimodal Transport Document:

(a) The Multimodal Transport Document shall be prima-facie evidence of the taking in charge by the Multimodal Transport Operator of the goods as described therein.

4. Guarantee by the consignor:

(a) The consignor shall be deemed to have guaranteed to the Multimodal Transport Operator the accuracy at the time the goods were taken in charge by the Multimodal Transport Operator, of particulars relating to the general nature of the goods, their marks, number, weight and quantity and, if applicable, to the dangerous character of the goods as furnished by him for insertion in the Multimodal Transport Document.

(b) The consignor shall indemnify the Multimodal Transport Operator against loss resulting from inaccuracies or inadequacies of, the particulars. The right of the Multimodal Transport Operator to such indemnity shall in no way limit his liability under the Multimodal Transport Contract to any person other than the consignor.

5. Dangerous goods

(a) The consignor shall mark or label dangerous goods in a suitable manner as "dangerous goods";

(b) Where the consignor hands over dangerous goods to the Multimodal Transport Operator or any person acting on his behalf, the consignor shall inform him of the dangerous character of the goods and, if necessary, the precautions to be taken. If the consignor fails to do so and the Multimodal Transport Operator does not otherwise have knowledge of their dangerous character then;

(i) The consignor shall be liable to the Multimodal Transport Operator for all loss

resulting from the shipment of such goods; and (ii) The goods may at any time be unloaded, destroyed or rendered innocuous,

as the circumstances may require, without payment of compensation. (c) The above provisions may not be invoked by any person if during the Multimodal Transport he has taken the goods in his charge with knowledge of their dangerous character.

(d) If, in cases where the provisions (b) (ii) referred to above do not apply or may not be invoked, dangerous goods become an actual danger to life or property they may be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation, except where there is an obligation to contribute in general average or where the Multimodal Transport Operator is liable, in accordance with the provisions of relevant conditions.

6. Period of responsibility

(1) The responsibility of the Multimodal Transport Operator for the goods covers the period from the time he takes the goods in his charge to the time of its delivery. For the purpose of this responsibility, the Multimodal Transport Operator is deemed to be in charge of the goods,

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(a) from the time he has taken over the goods from :

(i) the consignor or a person acting on his behalf ; (ii) an authority or other third party to whom, pursuant to law or regulations

applicable at the place of taking charge of the goods, must be handed over for transport;

(b) until the time he has delivered the goods ;

(i) by handing them over to the consignee; or (ii) by placing them at the disposal of the consignee in accordance with the

Multimodal Transport Contract or with the law or with the usage of the particular trade applicable at the place of delivery;or

(iii) by handing over the goods to an authority or other third party to whom, pursuant to law or recognitions applicable at the place of delivery, the goods must be handed over.

(2) Reference to the Multimodal Transport Operator in this regard shall include his servants or agents or any other person of whose services he makes use of for performance of the Multimodal Transport Contract, and reference to the consignor or consignee shall include their servants or agents.

7. Basis of liability (1) The Multi-modal Transport Operator shall be liable for loss resulting from loss of or damage to the goods for delay in delivery and any consequential loss or damage arising from such delay if the occurrence which caused such loss, damage or delay in delivery, took place while the goods were in his charge unless the Multimodal Transport Operator proves that he, his servants or agents or any other persons whose services used for the performance of the contract evidenced by this Multimodal Transport Document, took all measures that would reasonably be required to avoid the occurrence and its consequences.

(2) Where fault or neglect on the part of the Multimodal Transport Operator, his servants or agents or any other person whose services he uses for the performance of the contract evidenced by this MTD, combines with another cause to produce loss or damage or delay in delivery, the Multimodal Transport Operator shall be liable for such losses.

8. Liability for loss or damage when the stage of Transport where the loss or damage occurred is not known:

(1) When the Multi-modal Transport Operator is liable to pay compensation in respect of loss of or damage to, the goods occurring between the time of taking them into his charge and the time of delivery and the stage of transport where the loss of damage occurred is not known ;

(a) Such compensation shall be calculated by reference to the value of such

goods at the place and time they are delivered to the consignee or at the place and time when, in accordance with the contract of Multimodal Transport, they should have been so delivered.

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(b) The value of the goods shall be determined according to Clause 12-(d) under heading “Liability of Bidder for losses suffered by FCI” of General Conditions of the Multimodal Transport Contract.

9. Liability for loss or damage when the stage of transport where the loss or damage occurred is known:

(1) When the Multimodal Transport Operator is liable to pay compensation in respect of loss of or damage to the goods occurring between the time of taking them into his charge and the time of delivery and the stage of transport where such loss or damage occurred is known, the liability of the Multimodal Transport Operator in respect of such loss or damage shall be determined by the applicable Indian Laws.

10. Defense and limits for the Multimodal Transport Operator and his servants:

(1) The defenses and limits of liability provided for in this MTD shall apply in action against the Multimodal Transport Operator in respect of loss resulting from loss of or damage to goods; delay in delivery and any consequential loss or damage arising from such delay.

(2) If any action in respect of loss resulting from loss of, or damage to, the goods or from delay in delivery is brought against the servant or agent of the Multimodal Transport Operator, if such servant or agent proves that he acted within the scope of his employment, or against any other person of whose service he makes use for the performance of the Multimodal Transport Contract, if such other person proves that he acted within the performance of the contract, the servant or agent or such other person shall be entitled to avail himself of the defenses and limits of liability which the Multimodal Transport Operator is entitled to invoke under this Multimodal Transport Document.

11. Delivery / non-delivery:

(1) If the goods are not taken delivery of by the consignee within a reasonable time after the Multimodal Transport Operator has called upon him to take delivery, the Multimodal Transport Operator shall be at liberty to put the goods in safe custody on behalf of the consignee at the consignee's risk and expense or to place the goods at the disposal of the consignee in accordance with the Multimodal Transport Contract or with the law, or with the usage of the particular trade applicable at the place of delivery.

12. Notice of loss, damage or delay:

(1) Unless notice of loss or damage, specifying the general nature of such loss or damage is given in writing by the consignee to the Multimodal Transport Operator at the time of taking over the goods such handing over is prima facie evidence of the delivery by Multimodal Transport Operator of the goods as described in the Multimodal Transport Document.

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(2) Where the loss or damage is not apparent, the provisions of condition (1) referred to above apply correspondingly if notice in writing is not given within a reasonable time when the goods were handed over to the consignee.

(3) If the state of the goods at the time they were handed over to the consignee has been the subject of a joint survey or inspection by the parties or their representatives at the place of delivery, notice in writing need not be given of loss or damage ascertained during such survey or inspection.

(4) In the case of any actual or apprehended loss or damage the Multimodal Transport Operator and the consignee shall give all reasonable facilities to each other for inspecting and tallying the goods.

(5) If any of the notice periods provided for in condition (2) and (4) referred to above terminates on a public holiday at the place of delivery, such periods shall be extended up to the next working day.

(6) Notice given to a person acting on behalf of the Multimodal Transport Operator including any person of whose services he makes use at the place of delivery, shall be deemed to have given to the Multimodal Transport Operator.

13. Freight and charges:

(1) Freight shall be deemed earned on receipt of goods by Multimodal Transport Operator and shall be paid for, in any event.

(2) For the purpose of verifying the freight basis, the Multimodal Transport Operator reserves the right to have the contents of the containers, trailers or similar articles of transport inspected in order to ascertain the weight, measurement, value or nature of the goods.

14. Hindrances etc. affecting performance:

The Multimodal Transport Operator shall use reasonable endeavours to complete the transport and to deliver the goods at the place designated for delivery.

(Signature & Seal)

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DECLARATION

I/We, hereby offer to carry out work as detailed in Bid document, in accordance with terms & conditions thereof.

2. I/ We have carefully perused the entire bid documents and agree to abide by the same.

3. I/We, hereby declare and confirm that we are well conversant of the route and the conditions from the designated Depots at Mangalore to the designated depots at Andrott through road, via sea and visited and assessed the route conditions, facilities etc.

4. I/We, further confirm that I/we have not changed/tampered the tender document downloaded from the FCI’s website (www.fciweb.nic.in)/Govt. of Karnataka e-Procurement website https://eproc.karnataka.gov.in and in case any change from the tender document published in the website is detected at a later date in the signed copy of the same submitted by us along with the offer, the same shall be null and void and the original terms and conditions of the tender as published in the above mentioned FCI/Govt. of Karnataka website shall prevail.

5. The information/documents furnished alongwith the bids are true and authentic to the best of my knowledge and belief. I/We am/are well aware of the fact that furnishing of any false information/fabricated document would lead to rejection of my/our bid at any stage without pre-judice to any other rights that the corporation may have under the contract and law.

6. I/We, further certify that Sri is authorised to represent on behalf of me/us for the above mentioned tender and a duly executed power of attorney to this effect is also enclosed.

7. I/We have deposited/forwarded herewith the earnest money deposit as stipulated in the bid document.

8. I/We, further agree to execute all the works referred to in the bid documents upon the terms and conditions contained or referred to therein.

Date : Name and Sign. of the Bidder: Place: Address:

Witnesses with address

Signature

Name

Address 1.

2.

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http://www.fciweb.nic.in)/Govt


ANNEXURE–I

Proforma of Bank Guarantee of Security Money Deposit (TO BE EXECUTED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

In consideration of the Food Corporation of India having its Headquarters at 16-20 Barakhamba lane, New Delhi -110001 through its Regional Office .........(here in after called FCI) having agreed to accept the part security deposit in the form of Bank Guarantee under the terms and conditions of the contract No. , dated made between the FCI and Contractor for transportation of food grains from (hereinafter called the ‘contract’) from CWC/SWC Mangalore Port, shipment to Andrott Island and Transportation to FCI, FSD Andrott through road/sea, for the due fulfilment by the said Contractor/s of the terms and conditions and obligations contained in the said contract, we (NAME OF BANK), (hereinafter referred to as `the Bank') at the request of (BIDDER/S) do hereby undertake to pay on demand by FCI an amount not exceeding Rs. (Rupees only).

We (NAME OF BANK) do hereby undertake to pay the amounts due and payable under this guarantee without any demur and without notice to the contractor, merely on a demand from the FCI. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee.

However, the Bank’s liability under this guarantee shall be restricted to an amount not exceeding Rs. (Rupees only).

We undertake to pay to the FCI any money so demanded not withstanding any dispute or disputes raised by the Bidder(s) in any suit or proceeding pending before any Court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the Bidder shall have no claim against us for making such payment.

We, (NAME OF THE BANK) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said contract that it shall continue to be enforceable till all the dues of the FCI under or by virtue of the said contract have been fully paid & its claims satisfied or discharged or till the FCI certifies that the terms and conditions of the said contract have been fully and properly carried out by said Bidder(s) and accordingly, discharges this guarantee. Unless, a demand or claim under this guarantee is made on us in writing on or before (date) discharged from all liability under this guarantee thereafter.

we shall be

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We, (NAME OF THE BANK) further agree with the FCI that the FCI shall have the fullest liberty without our consent and without affecting in any manner our obligation here under to vary any of the terms and conditions of the said contract or to extend time of performance by the said Bidder(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the FCI against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said contract and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Bidder(s) or for any for bearance, act or commission on the part of the FCI or any indulgence by the FCI to the said Bidder(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

This guarantee will not be discharged due to the change in the Constitution of the Bank or the Bidder(s).

The guarantor hereby declare that it has power to execute this guarantee and the executant has full power to do so on its behalf under the proper authority granted to him/them by the bank.

We, (NAME OF THE BANK) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the FCI in writing.

SIGNEDAND DELIVERED For and on behalf of

For and on behalf of above named Bank (Banker’s Name and Seal)

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ANNEXURE –II

Information about the Bidders & list of documents to be uploaded

Name & permanent address of the bidder, email

id,contact No.& Registration Number

Composition of Bidder: (state whether the bidder is a proprietorship concern, or registered partnership firm, or a company). The name of the proprietor, or all Partners, or, all the Directors of the company, as applicable, shall be furnished.

Furnish details of business the Bidder is engaged in along with the details of his Corporate/Head Office, Branches, if any, and other particulars of the Firm.

Furnish details of Sister concerns with the name of Proprietor/Director/Partner thereof with nature of business.

Furnish Income Tax PAN of the Bidder(copy to be enclosed

Furnish Service Tax Registration No.(copy to be enclosed)

Furnish Part (A)-Technical Bid with Notice Inviting Tender, Bid Document, all its annexures and supporting documents.

Documentary proof towards Earnest Money Deposit.

Furnish audited profit & loss account and balance sheet for immediate preceding five financial years.

Furnish documentary proof and experience certificate evidencing experience in multimodal transportation of bagged/ bulk cargo through road & Sea transport, and having executed in any of the immediate preceding five financial years’ work of value at least 25% of the estimated contract value in one single contract

or 50% of the estimated contract value in different contracts.

Note: experience certificate issued by the client organisations to be produced indicating the date of award of contract, tenure of the contract, contract value, nature of work executed, location of the project, date of completion of contract, No. of Vessels deployed, the details of contract labour deployed etc.

Furnish attested copy of Registered Deed of Partnership/Memorandum and Articles of Association/By- laws/Certificate of incorporation, Certificate of Registration etc. as applicable.

Furnish Power of Attorney/Resolution of BOD authorizing the signatory to sign the bid.

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Tender No.S&C/13(8)/MMHTC-LKDWP/2012/Cont Dated.17.09.2012 Furnish Certification of Registration as a Multimodal

transport operatorissued under the Multimodal Transportation of Goods Act, 1993, if applicable.

Furnish Emergency preparedness / contingency arrangement forrescue/recovery from any disruption of transportation of commodity byroad/mode

Furnish total blue print for logistics operation and simulation oftransportation from designated godowns at Mangalore to designated godowns at Andrott.

Furnish proof of having control over at least 2 Vessels havingloading capacity of at least 500 DWT licensed to operate with valid survey certificate, possessing seaworthiness certificate, by way of ownership/lease/ charter/declaration in from the owner of the vessel in favour of the bidder indicating his willingness to provide the vessel to the Bidder for undertaking this contract, if awarded.

Furnish proof of having control over at least nos. of trucks each at Mangalore, & Andrott by way of ownership/lease/declaration from the owner of the truck in favour of the bidder indicating his willingness to provide the truck to the Bidder for undertaking this contract, if awarded.

( separate proof to be furnished for Mangalore & Andrott)

A certificate of Sea-worthiness of the vessels for the contract period of two years, as certified by the Director General of Shipping should be scanned and uploaded

Note: The entire bid document and all its annexures and copies of the supporting documents shall be signed on each page by the bidder/authorized signatory.

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Annexure –III

[Ref. Clause 22 (11) of General conditions under Terms and conditions of the Multimodal

Contract]

MULTI-MODAL TRANSPORT DOCUMENT

Consignor : Food Corporation of India Consignee: Food Corporation of India

MTD(Multimodal Transport Document) NUMBER ----------- SHIPMENT REFERENCE No.-----------------

[Name and address of the MTO (Multimodal Transport Operator) with MTO Registration Number]

Notify address Taken in charge in apparently good condition herein at the place of receipt for transport and delivery as mentioned above unless otherwise stated. The MTO in accordance with the provisions contained in the MTD undertakes to perform or to procure the performance of the multimodal transport from the place at which the goods are taken in charge, to the place designated for delivery and assumes responsibility for such transport.

Place of acceptance

Date of acceptance

One of the MTD(s) must be surrendered, duly endorsed in exchange for the goods in witness where of the original MTD all of this tenor and date have been signed in the number indicated below one of which being accomplished the other(s) to be void.

Place of delivery

Date or period of

delivery (as expressly

agreed upon by the

consignor and MTO

Modes means of transport

Route /place of transhipment (if any)

Container No(s)

Marks & number

Number of packages, kind of packages,

general description of

goods

Gross Weight

Measurement

Particulars above furnished by consignee/consignor

Freight amount

Freight payable at

by consignor

Number of Original

MTD

Place and Date of issue

Other particulars (if any) Weight and measurement of container Not to be included

For

(Authorised signatory)

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ANNEXURE-IV

Proforma of Work Experience Certificate to be produced by the Bidders

Sl. No.

Name of the Client/

Customer Served

Nature of the Work/ Contract executed

Contract Period

Product Handled

Volume Of Work Handled

In MT

Total Value Of

work/ Contract executed

No. of Vessels deployed

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