ikyh ftyk nqx/k mriknd lgdkjh la?k fy0 - rajasthan nitpal.pdf · mother dairy its allied plants...

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Transportation of Milk by Contractoed Road Milk Tankers

(For RMG/NMG & CC)

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2

Tender Form - PART- A (Technical)

PALI ZILA DUGDH UTPADAK SAHAKARI SANGH LTD., PALI-MARWAR

E-TENDER FOR

Transportation of Milk by contracted Road Milk Tankers

( For RMG/NMG & C.C.)

INDEX

1. SCHEDULE-I PAGE NO.

1.1 GENERAL TERMS & CONDITIONS 2-8

2. SCHEDULE – II Specific Terms & Conditions of Tender 9-15

1.2ANNEXURE – II : Performance Bank Guarantee. 16-18

1.3 ANNEXURE – III : Performa & information of Tanderer. 19

1.4 ANNEXURE – IV : Tender Form Part-A 20

1.5 ANNEXURE –I : Tender Form Part-B(Financial) 21

.

3. ADDRESS FOR COMMUNICATION : PALI ZILA DUGDH UTPADAK

SAHAKARI SANGH LTD.,

SARDAR PATEL NAGAR,

PALI – MARWAR-306401

4. PLACE OF OPENING : ------------As above--------------

5. Tendar of Period : 2 YEARS

(signed & Sealed by Tenderer PZDUSS

in token acceptance of above) Pali Marwar

As per direction of Central Chief vigilance Commissioner negotiation of rates will only

be done with minimum rate quoted tendered person.

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SCHEDULE – I

GENERAL TERMS AND CONDITIONS

a. 1.0 PREFACE

b. The Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, invites E-Tender competitive

bids from reputed parties owning road milk tankers and engaged in the business

of transportation of milk, for transportation of raw/pasteurized milk of all types

including concentrated milk to and from various Dairy Plants, Chilling Centers

and other chilling/processing facilities to and from various destinations like

Mother Dairy Its allied Plants & Pilkhua, Noida, DMS, GCMMF, Rohtak,

Karnal,Other outsource Plants for conversion, Milk Unions within Rajasthan, all

milk chilling centers & units of PZDUSS LTD as well as to any destination in the

country, in adherence to the detailed terms and conditions specific to

transportation of milk stipulated in the Schedule-II of this tender initially for a

period of Two years. The contract may be extended further at the discretion of

PZDUSS LTD. PALI..

c. The Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd reserves

the right to reject any or all the tenders in full or part thereof, which in his opinion

justifies such action without further explanation to the tenderers.

2.0 TENDERING PROCEDURE

2.1 The tenderer should be filled/ upload their forms and rates as per schedule date and time

in the mentioned in E-Tender N.I.T.

2.2 The tenders should be sent by Registered Post with acknowledgment due so as to reach

the Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel

Nagar Pali-Marwar-306401 not later than the time and date mentioned in the N.I.T.

Alternatively the tenderers or their agents can also submit their tenders personally at the

office of the Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar

Patel Nager,Pali-Marwar-306401 and obtain the acknowledgement latest by the time and

date mentioned above.

2.3 The tender must be submitted in the prescribed form which is enclosed and marked as

Annexure-I to the tender i.e. form of tender.

2.4 The tender thus prepared should be put in properly sealed cover and super scribed

giving the tender reference number and dated of opening. The covers should bear

address of Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel Nagar, Pali-

Marwar-306401. Only one tender should be kept in one cover. In case more than one

tender is kept in a cover, all the tenders thus kept shall be liable to be ignored.

2.5 No responsibility shall be taken for the premature opening of the tender which is not

properly addressed and identified.

2.6 No telegraphic/telephonic/telex/Fax tenders shall be considered. 2.7 The Tankers must be in the name of the tenderer.



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2.7 EARNEST MONEY DEPOSIT

2.7.1 Earnest money amounting to Rs.50000/-, must accompany the tender. The earnest

money shall be required to be paid by crossed demand draft (D.D.) in favor of

Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Pali., drawn on

any scheduled or nationalized bank in India, payable at Pali. The tenders

accompanied by cheques instead of demand draft towards earnest money will

not be considered.

2.7.2 Any tender which is not accompanied by earnest money deposit will be summarily

rejected. Earnest money of unsuccessful tenderer will be returned within 120 clear

days from of opening of the tender.

2.7.3 No interest shall be paid for the earnest money deposit for the period during which it

(the earnest money) lies in deposit with the Pali Zila Dugdh Utpadak Sahakari Sangh

Ltd, Pali.The earnest money in respect of the successful tenderers shall get converted

into the security amount to be retained by PZDUSS LTD. PALI, for the period of

contract including extended period, if any. No interest shall be paid on this security

deposit.

2.8 The tenderers should state herein the complete address to which the orders, notices and

further correspondence pertaining to the tenderer and agreements are to be sent. Any

correspondence made by the PzDUSS LTD. PALI/milk union at the address given herein

shall be deemed to have been delivered to the party. Any change in the address thereafter

must be notified to the Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd.,

Pali and having recorded change in address be obtained in writing from PZDUSS LTD.

PALI In absence of such confirmation the correspondence made on the address given

herein shall be valid once the confirmation is issued by PZDUSS LTD. PALI subsequent

correspondence shall be sent to the new notified address.

Address ________________________ Telegraphic Address ______________

_______________________________ Phone No. ______________________

Mobile No. ______________________ Fax No. ________________________



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2.9 The tenders received shall be opened on the date and time given in the N.I.T. at the office

of the Managing Director, Pali Zila Dugdh Utpadak Sahakari Sangh Ltd., Pali. The

tenderers or their accredited agents will be allowed to be present at the time of opening of

the tender.

2.10 Negligence on the part of tenderer in preparing the tender confers no right to withdraw

the tender after it has been opened.

2.11 The specific conditions, schedules, annexure of the tender constitute an integral part of

the tender.

2.12 All tenders in which any of the prescribed conditions are not fulfilled or which have been

vitiated by errors in calculations, totaling or other discrepancies or which contain

overwriting in figures or words or corrections not initialed and dated will be rejected.

2.13 In the place of substantial non conformity with the terms and conditions in the tender

document as a whole or if it contains any inadmissible reservations seen or otherwise, in

contravention to the sprit and letter of the tender documents, such tenders shall be

summarily rejected.

2.14 The tenderer whose tender is accepted (hereinafter called the contractor) will be required

to enter into an agreement with Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel

Nagar,Pali-Marwar-306401. The firm shall also furnish cash security of Rs. 100000/- per

tanker (for each Tanker) with Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel

Nagar,Pali-Marwar-306401, on which no interest would be payable, for the due fulfillment

of his contract. The contractor shall also furnish a security in cash or in form of a Bank

Guarantee of an amount of Rs. 2.00 lac in the Performa given at Annexure-II for due

fulfillment of the contract.

2.15 No refund of tender fee is claimable for tenders not accepted or forms returned or tenders

not submitted.

3.0 Force Majeure Clause :-

The terms and conditions mutually agreed shall be subject to the Force Majeure Clause.

Neither the contractor nor the PZDUSS LTD. PALI shall be considered in default in

performance of its obligations here under, if such performance is prevented or delayed

because of war, hostilities, revolutions, civil commotion, strike, epidemic, accident, fire,

wind, flood, earthquake or because of any law, order, proclamation, regulation, or

ordinance or of any Government or any act of God or any other cause whether of similar or

dissimilar nature, beyond the



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reasonable control of the party affected should one or both of the parties be prevented from

fulfilling his/their contractual obligations by a state of Force Majeure lasting continuously

for period of three months, the two parties should Majeure lasting

continuously for a period of three months, the two parties should consult with each other

regarding the future implementation of the agreement.

4.0 Settlement of disputes : In the event of any dispute in the interpretation of the terms of Rate Approval letter

conveyed by PZDUSS LTD. PALI or agreement executed by the firm with Pali Zila

Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel Nagar,Pali-Marwar-306401 where the

tankers are engaged or difference of opinion between the parties on any point in the Rate

Approval arising out of or in connection with the agreement/accepted Rate Approval

Letter or with regard to shall use their best efforts to settle such disputes or difference of

opinion amicable by mutual negotiations.

In case, no agreement is reached between the two parties in respect of or concerning any

of the provisions contained herein or in the Rate Approval Letter or the agreement

executed as to the rights, liabilities or duties of the said parties hereunder or as to the

recover of any amount, the same shall be referred to the Sole Arbitrator M.D., PZDUSS

LTD. PALI who in turn may refer the dispute to any officer of PZDUSS LTD. PALI for

adjudication. The arbitration shall be in accordance to the law of Arbitration &

Conciliation Act, 1996. The decision of the Sole Arbitrator shall be final and binding on

both the parties. Also the Co-operative Society Act and Bye Law of PZDUSS LTD.

PALI shall have their bearing on the contract to the extend and in the manner they are

found applicable.

All the disputes pertaining to the said contract shall vest to the jurisdiction of

Courts at the place of Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel

Nagar,Pali-Marwar-306401 i.e. Pali with which the contractor's tanker(s) are

attached to.

5.0 Right of Acceptance :

The Pali Zila Dugdh Utpadak Sahakari Sangh Ltd, Sardar Patel Nagar,Pali-Marwar-

306401 does not pledge itself to accept the lowest or any tender and reserves to itself

the right to accept the whole or any part of the tender offered.

6.0 Subletting & Subrogation: The contractor shall not except with the prior consent in writing of the PZDUSS LTD.

PALI, sublet, transfer or assign the contract or part of the contract thereof or interest

therein or benefit or advantage thereof in any manner whatsoever, to



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others. In case permission is granted then the same would be with a cess of Rs.

50000/- (fifty thousand) per tanker.

However, in case of death of the milk transporter, transfer or assignment of the contract

or part of the contract can take effect as per the stipulations made in the agreement

executed. The Milk Unions may get a fresh agreement executed with the new

transferee/assignee at their own level after ensuring that Union retains clear charge on

security amount and Bank Guarantee in case of breech of contract by such

transferee/assignee. In such a case aforesaid cess will not be payable.

7. Corrupt practices :

The contractor shall not offer or agree to give any person in the employment the

PZDUSS LTD. PALI any gift or consideration of any kind as an inducement or reward

for doing or forbearing to do or for having done or forborne to do any act in relation to

obtaining or execution of the contract or any other contract with the in relation to

obtaining or execution of the contract or any other contract with the PZDUSS LTD. PALI

or for show for bearing to show favor or disfavor to any person in relation to the contract

by the PZDUSS LTD. PALI. Any breach of the aforesaid condition by the contractor or

any one employed by him or acting on his behalf (whether with or without the knowledge

of contractor) of the commitment of any offence by the contractor or by any one

employed by him or acting on his behalf under Chapter-IX of the Indian Panel Code 1860

or the prevention of corruption Act, 1947 or any other Act enacted for the prevention of

corruption by public servants, shall entitle the PZDUSS LTD. PALI to cancel the contract

and all or any other contract with the contractor and to recover from the contractor the

amount of any loss arising from such cancellation.

Any dispute or difference in respect of either in the interpretation effect or application of the

above conditions or of the amount recoverable there under by the PZDUSS LTD. PALI from the

contractor shall be decided by the PZDUSS LTD. PALI or his nominee whose decisions may be

subject to the arbitration.

8.0 Insolvency & Breach of Contract :

The PZDUSS LTD. PALI may at any time, by notice in writing, summarily terminate

the contract without compensation to the contractor in any of the following events viz:

(i) If the contractor, a firm or any partner thereof, shall be at that time adjusted

involvement or shall have a receiving order or order for administration of his

estate made against his or shall take any proceedings for composition under any

insolvency Act for the time being in force to make any conveyance or

assignment of his assets or enter into



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(ii) any arrangement or assignment of his assets or enter into any arrangement or

composition with his creditors or suspend of payment if the firm is dissolved

under the partnership Act, or;

(iii) If the contractor being a company is wound up voluntarily by the order of a

court or a receiver liquidator or Manager or on behalf of the Debenture holder is

appointed or circumstances shall have arisen which entitled the Court of

Debenture holders to appoint a receiver, liquidator or Manager or;

(iv) If the contractor commits any breach of the contract commits any breach of the

contract/herein not specifically provided for, provided always that such

determination shall not prejudice any right of action of remedy which shall have

accrued or shall accrue thereafter and provided also the contractors be liable to

pay the PZDUSS LTD. PALI for any extra expenditure be expenditure be liable

to pay the PZDUSS LTD;PALI for any extra expenditure he is thereby put to

and the contractor shall under no circumstances be entitled to any gain in

repurchase.

9.0 Recovery of sums due :

Whenever any claim for the payment of a sum of money arises out or under the contract

against the contractor, the PZDUSS LTD. PALI shall be entitled to claim it from the

cash securities available with PZDUSS LTD. PALI and the Bank concerned against the

guarantee amount provided by the contractor & transportor’s pending bill with

PZDUSS Ltd;Pali. In the event of such cash securities and Bank Guarantee amount

being insufficient, the or which at any time thereafter may become due to the contractor

under the contract or any other contract with the PZDUSS LTD. PALI and if such a

sum be insufficient to cover the full amounts recoverable, the contractor shall on

demand pay to the PZDUSS LTD. PALI the balance remaining dues.

10.0 This tender is not transferable.

11.0 Secrecy of Documents :

All the documents supplied by the PZDUSS LTD. PALI must be treated as

'CONFIDENTIAL', must neither be copied, reproduced, transmitted, or discussed

otherwise in whole or part, nor duplicated, modified, divulged, or discussed to any third

party nor used in any other way without the consent of PZDUSS LTD. PALI in writing.

12.0 Form of Tender, statement of tankers and information in respect of the firm :

The form of tender is given at Annexure-I.



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The statement of tankers is given at Annexure-III.

Performa for giving information in respect of the firm is given at Annexure-IV.

All these annexure are to be filled up completely in all respects and enclosures asked for

therein must be provided.

13.0 All tenderers without fail, should furnish performance certificate of Tankers obtained

against their earlier contracts with PZDUSS LTD. PALI and other clients preferably

from other State Federations and Co-operative Milk Unions. This information is a

MUST and without this the tenders may not be considered for analysis and they may

also remain rejected summarily at the discretion of the PZDUSS LTD. PALI. However

final decision rests with the PZDUSS LTD. PALI in this regard.

14.0 Tender forms as issued from this office must be returned with all enclosures to this

office duly signed in token of acceptance of the terms & conditions mentioned therein

on the date of receipt of tenders failing which the rates may not be read out and tender

summarily rejected at the absolute discretion of PZDUSS LTD. PALI.

15.0 No term or condition in addition to those mentioned above and those given in Schedule-

II will be agreed to. Tenders containing additional conditions are liable to be rejected.



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SCHEDULE – II

SPECIFIC TERMS AND CONSTIONS FOR TRANSPORTATIONOF MILK THROUGH

ROAD MILK TANKERS

1. Milk is a perishable commodity . The transportation is therefore required tobe affected in

shortest possible time. On an average, subject to no entry conditions and the like,the

Tanker should cover -

-30 Kms. per hour after leaving dispatching unit subject to minimum 600 kms. in

24 hours for long routes and

- 40 Kms per hour after leaving milk chilling centre.

In case of any tanker taking more time or covering less distance the transporter

will be liable for losses including those arising due to rejection of milk at the destination.

The tanker should therefore ply continuously to the destination once it leaves the

despatching unit's premises by maintaining the aforesaid speed and should not make

unnecessary halt in transit.

2. The tanker(s) provided to PZDUSS LTD;PALI shall be of stainless Steel AISI

304 grade with proper insulation so that the same is in perfect thermal and mechanical

condition to ensure that temperature of milk does not rise by more than 1'C. in 24 hours

even during the summer. This is one of the most important conditions and PZDUSS LTD.

PALI/dispatching unit can carry out testing for temperature rise in their premises.

Tankers not found conforming to this technical condition may not be allowed for

transportation of milk.

3. The tankers to be offered are required to be in excellent road worthy conditions

and maintained as such during the contract. The model of tankers should preferably be

not older than YEAR 2010. PZDUSS LTD. PALI may revise / change model model

condition of tankers during the contract period as per the rules and regulations notified by

State Government or Central Government or High Court/Supreme Court or any other

Government agency which may have jurisdiction on the business of transportation.

4. Transportation would be mostly full tanker load for each station but PZDUSS

LTD. PALI may direct the transporter to lift small consignment of milk for places off

route/enroute. In such cases of transportation of lesser than Approved capacity of milk,

the rate payable shall be as applicable for Approved Capacity The Milk Unions shall be

free to engage any tankers of smaller or Lighter depending upon their specific / regular

requirement for transportation.



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5. Milk consigned to Mother Dairy (and its allied plants at Pilkhua, Rohtak etc. ),

Delhi Milk Scheme (DMS) and Noida are coordinated by the Resident Manager of RCDF

LTD. JAIPUR posted at Delhi. In case the situation so demands, the Resident Manager

can ask the tanker to be diverted to a different dairy plant. The successful

tenderer(s)/contractor(s) shall have to comply with the same.

6. The contracted tanker can also be used for transportation of water as per the

exigencies of PZDUSS LTD. PALI or as per requirement & instructions for other unions.

7. The Tankers attached to Pali Milk Union shall not without written permission.

operate at or for any other milk Union,Agency,failing which Pali Milk Union may

impose penalty and such lapse can even lead to cancellation of contract.

8 The tankers attached to PZDUSS LTD. PALI shall not, without written

permission, operate at or for any other milk union/agency, failing which PZDUSS LTD.

PALI may impose penalty and such lapse can even lead to cancellation of contract.

However, PZDUSS LTD. PALI reserves the right to divert any milk tanker from any

milk union to any other milk union.

At times tankers may temporarily borrowed by other milk union to meet

exigency. In such cases the agreement executed by the transporter with PZDUSS LTD.

PALI shall apply to the borrowing milk union for the milk transported as if the borrowing

milk union had entered into as identical agreement with the lender union. All recoverable

losses and other payment which become due while transporting milk for the borrowing

milk union the same shall be recoverable from the transporters bills as also from the

securities available with the lender union as well as PZDUSS LTD. PALI and other milk

unions.

9. In case a tanker meets with an accident while transporting milk, the transporter

will ensure to lodge F.I.R. to the nearest Police Station. The transporter shall make

immediate alternative arrangements for recovering the milk and transporting it back to

the dispatching union/ PZDUSS LTD. PALI. It will also intimate the Insurance Company

& Union for carrying out survey of milk losses. The transporter will also intimate the first

party about the accident and ensure timely submission of copy of FIR and of intimation

given with confirmation in writing to the Insurance Company so that claim formalities

can be completed in time. After getting the survey of milk loss done and submission of a

copy of FIR, the transporter shall be allowed to get the accidental tanker lifted. The same

tanker will be allowed to be operated only if fitness certificate is produced from the

transport authority of State Govt. after carrying out due repairs.



12

10. If for any reasons whatsoever the claim received from the Insurance Company for the

loss of milk etc. is less than the value of milk being transported the differential amount

shall be recoverable from the transporter.

11. The transporter shall be held responsible for the difference & loss of milk Fat and SNF

and weight as under : -

a. The losses shall be computed in respect of each tanker trip-wise.

b. Loss in Fat and SNF shall be worked out separately for each tanker on Fat & SNF

dispatched(Each Trip-wise)

c. Transportation loss shall be recoverable (each trip-wise base) at the same rate of Fat

& SNF as is payable by the Pali Milk Union at that time.

d. The tanker(s) not showing loss may be given incentive by way priority in tanker loading

over those showing higher loss/variation.

e. The tanker will be sealed by representative of dispatching unit. The transporter shall be

fully responsible for any loss to the dispatching unit in weight, Fat and SNF if the seal is

found open at the receiving due to loss of weight, Fat and SNF during transportation,

transporter would make good all the loss and shall pay a penalty to the extent of TEN

TIMES of the losses suffered by the dispatching unit. PZDUSS LTD. PALI/ dispatching

unit/milk union shall have the power to stop the tanker to check the seal on way for above

purpose or any other purpose.

f. As regards lifting of milk by parent/main plant from its Chilling Centres, depending

upon the availability of weighment and testing facilities the concerned plant/milk union

would work out the method of assessment of variations in transportation, if any.

g The transporter shall have to lift milk from any other sub-unit of the milk union during its

return journey whether enroute or off route if directed by the concerned milk

union/dispatching unit.

h. No halting charges shall be payable to the transporter for the time taken in decanting,

loading, unloading or waiting at any place.

i. The transporter shall have to supply replacement for any tanker which goes off road for

any reasons.

j. The transporter shall have to lift sour / rejected milk from any place in Delhi or any other

destination on its return journey and deliver at the decided destination dairy on the

instructions of the competent officer nominated by the despatching unit/PZDUSS LTD.

PALI. Refusal by the transporter to lift the milk on return journey, disobedience of

instructions of the competent officer, would render him liable to penalty @ Rs. 1000/- per

trip and also leading to cancellation of the agreement. The transporter will be required to

satisfy PZDUSS LTD. PALI that it has enough tanker capacity and sound financial

position for undertaking the job required.

k. The rates should be quoted in Annexure-I (Tender Form Part-B)in which tenderer has to

quote its rates for different Registered Laden Weight (RLW) milk tankers which they

have quoted in the tender i.e. at page no 21 (statement of milk tankers available with



13

tenderers). Pro-rata increase/decrease shall be allowed depending upon the actual

quantity of milk transported. The rate thus arrived at will be ''Basic rate" for that

particular Registered Laden Weight (RLW) milk tankers. For instance if the rate for a

milk tanker having Registered Laden Weight of 25000 kgs is Rs. 8/- per km per 9000 kgs

of milk transported and if the tanker transports 13500 kgs. then the basic rate for the

tanker shall be (Rs. 8.00 x 13500/9000)= Rs. 12.00 per km.

l. In case of any increase/decrease in the rate of diesel by Government of India on the rate

prevailing on 06.06.2016 (including any increase/ decrease notified for 06.06.2016), the

aforesaid basic rate per kilometer will be increase/decreased reckoning 4 KM. in one litre

of diesel. For instance if the increase in diesel is Rs. 1.00 per liter the for the example

taken in point no. (M) the basic rate will increase by Rs. 0.25 i.e. Rs. 12.25 will be the

rate payable.

m. The tenderers must quote their rates based on diesel prices prevailing as on

06.06.2016 (inclusive of decrease/increase in diesel rate as on 06.06.2016 by

Government of India) prevailing in Pali City.

n Milk insurance charges (transit insurance) for milk transported by road tanker from

various unions to various destinations and within Rajasthan will not be borne by the

transporters. PZDUSS LTD. PALI will bear these insurance charges.

o. Pathkar and Toll taxes, if any, levied by State Govt./Centre Govt. shall be paid by

the milk union to transporter on original receipts.

p. Breach of the contract : The transporter shall be responsible for breach or non

performance of the terms of this contract/agreement. The PZDUSS LTD. PALI shall be

entitled to terminate this contract forthwith without assigning any reason if the transporter

goes into liquidation whether voluntary or compulsory. The contract will be liable to

termination at the discretion of the Managing Director, PZDUSS LTD. PALI at any time

for breach in the terms of the contract by them. In such cases, the transporter shall be

liable to make good all the damages/losses suffered by the milk union. The Managing

Director of PZDUSS LTD. PALI may at his discretion enter into fresh contract(s) for the

remaining period of the contract with any other party in which case the transporter shall

be liable to pay to the Managing Director of PZDUSS LTD. PALI the difference if any,

between the contractive rate and the rate on which the fresh contract is entered into.

q Assignment of subletting of contract : The transporter shall not assign or sublet of

contract or any part thereof without the written permission of Managing Director,

PZDUSS LTD. PALI. He may, however, utilize tanker belonging to any other

person/firm provided there is written consent from the actual owner/firm for allowing

his/their tanker in the name of the transporter and that for such an arrangement the

transporter shall be fully responsible to carryon the transportation as per the contract

entered into with PZDUSS LTD. PALI.

r. Payment in all cases payment will be made on the receipt of the goods as



14

per the receipt note issued by the receiving party. The receipt note shall invariably be

produced to the milk union by the transporter as and when required. The payment will be

made on bills raised by the transporter on "Freight to pay" basis and the payment will be

effected by the concerned milk union after deductions if any within 20 days of receipt of

bills duly verified and complete in all respect. The bills shall be submitted every

fortnight.

s. The tenderer must quote the registration number of the vehicles, model and make

explicitly which he owns in his tender.

t. The tanker must be registered in the name of tenderer only.

u. In case of partnership concern the partnership deed is required to be produced.

v. The transporter shall be responsible for compliance of relevant rules of the Motor vehicle

Act as well as those of pollution control Department of the State of Rajasthan / any other

States / Central Government / Supreme Court / any other Court of law and government

agency. The tanker has to meet environmental stipulations of not only Rajasthan State but

also other States the tanker plies through has also specially those stipulations made by

receiving unit like Mother Dairy, Delhi and other destination units. Loss due to lapses on

these accounts will be recoverable from the transporter.

w. If the amount of loss caused to PZDUSS LTD. PALI by the transporter on account of any

reason whatsoever, attributable to the transporter, is more than due payments of the

transporter including security deposit, Bank Guarantee etc. then excess amount of loss

will be recovered from any due payment of transporter at any other milk union/unit in

Rajasthan as well as security deposit available at PZDUSS LTD. PALI.

x.1 PZDUSS LTD. PALI shall be free to terminate contract any time if the tanker staff

(Driver/Helper etc.) does not behave in proper way and / or the conduct of the

transporter is not upto the mark. Any lapse on the part of the transporter including

his tanker staff shall be viewed seriously and such tanker(s) will be liable to be

debarred from transporting milk at any place. PZDUSS LTD. PALI shall be free to

impose penalty for such lapses and for not maintaining discipline.

x.2 If any tanker engaged by the milk transporter and his deputed Tanker Staff is

found indulged in pilferage / theft of milk/ any adulterating water in milk/during

transportation or the firm is found indulged in any other corrupt practice carried

out at Milk union / Chilling Centre / receiving etc. and PZDUSS LTD. PALI at its

own discretion may lodge FIR against such transporter. The agreement / contract of

the Milk transporter can be terminated and such firm can be black listed at the

discretion of PZDUSS LTD. PALI and due amount shall be forfeited / adjusted

against the losses suffered by the Milk Union and penalty amount to the extent of

TEN TIMES of the losses will be imposed by PZDUSS LTD. PALI for such an act of

pilferage / theft/ corrupt practices.



15

y The transporter shall have to maintain proper hygiene of the tanker as a whole to the

entire satisfaction of PZDUSS LTD. PALI. All milk tankers shall be painted with name

of the PZDUSS LTD. PALI, registration number of the tankers on rear side of the tanker

barrel (valve side) as well as on both the longer sides of the barrel in bold letters

conspicuous enough so that the same can be read from a long distance. The tanker should

have proper sealing and welding of the bolts on hinges. PZDUSS LTD. PALI can effect

changes in the colour scheme or the text to be painted. Such changes, if made during the

currency of contact, the same shall be affected by the transporter at no extra cost. The

transporter shall also ensure proper cleaning and sanitation of tanker before filling of

milk.

z. In case any tanker is disengaged by any of the Milk Unions whether on the request of the

transporter or on completion/termination of contract or for any other reason whatsoever

the name, logo of PZDUSS LTD. PALI / Milk Union, art & design shall be removed /

erased / painted plain.

12. In order to avoid the overloading of tankers the transportars shall ensure their the

total weight of filled tankers does not exceed the limit prescribed by the transport

authority in the Registration Certificate ( RC) of the concerned tanker. In the case when

the total weight of the filled tanker exeeds the limit prescribed by the Transport Authority

in the Registration Certificate ( RC) of the concerned tanker than the payment of such

excess quantity of milk transported shall not be payable to the transporter. Such tankers

may even be liable to disengagement at PZDUSS LTD., PALI..

Therefore, tenderer should ensure that the capacity of the barrel should be such that after

filling of tankers upto the brim of the barrel, the total weight of the tanker should not

exceed the limit prescribed by the transport authority in the Registration Certificate ( RC)

of the concerned tanker. Preference shall be given to those approved tankers who comply

with all relevant rules of motor vehicle act and the capacity of the barrel is in accordance

to the Registered Laden Weight ( RLW) of tankers prescribed by the Transport Authority

in the Registration Certificate ( RC).

13. The transporter has to follow the route prescribed strictly.

14. Pali Dairy shall be liberty to terminate the contract at any time if the tanker staff does not

behave in proper manner and or the conduct of the transporter is not upto the mark. And

at any stage if the services are found unsatisfactory and not in accordance with the terms

and conditions of tender.

15. The transporter will be responsible for registration with department of ESI & PF etc. The

transporter shall comply the provision of PF Act, ESI Act, Service Tax, Labor laws and

other statutory laws.



16

16. The transporter should take One Share of Nominal Membership of Pali Milk Union as per

Co-operative Act.

17. The transporter will provide complete detail of tanker driver i.e. name, license

No.,Mobile No.,Address etc. the time of new contract and he shall provide the same as

and when driver is replaced. The driver should not be found indulge in any

theft/malpractice case.

18 If any Tanker staff is found involved theft & corrupt practices at plant ( in Tanker

cabin or personally ), making efforts to thieve milk pouches, milk crates, milk cans

(with milk or empty) for any kind of dairy equipment or material lied at plant or dairy

campus in this case transporter will be held for the act of his deputed tanker staff &

will be penalized by TEN TIMES amount of the value of product/material being tried

for theft & in this circumstances minimum penalty Rs. 10,000/- imposed on

transporter.

19 The transporter must have to obtain Food License under FSSI Act,2006 from

Competent authority of Health Department for Milk transportation.

20. The transporter should take out the tanker from dairy campus immediately after

decanting milk, rinsing /flushing milk from tanker barrel & making tare weight of

tanker.

No tanker will be allowed to be parked in around Plant or in dairy campus . Incase

of non-compliance. The transporter will be penalized by Rs. 1000/- per day.

21 If any Tanker staff is found involved theft & corrupt practices during transportation &

plying away from other than given scheduled Route/Road & being caught by DCS

members, BOD members & Union Officers will be penalized according Para No. 18.

22. If any dispute created between both the parties regarding contract, it will be solved as

per Rajasthan Co-operative Act & its rules & it is binding on both the parties.

Finally contactors are advised to take all necessary precaution and measures to transport

highly perishable commodity to avoid any loss to Pali Dairy and to transporter himself.



17

ANNEXURE-II

BANK GUARANTEE FOR PERFORMANCE OF CONTRACT

This deed of guarantee made this ___________________________

(______________________________________) by

____________________________________ ____________________hereinafter referred to the

Bank, which shall unless repugnant to the context or the meaning thereof includes its legal

representative, successors and assigns and the PALI ZILA DUGDH UTPADAK SAHAKARI

SANGH LTD., PALI (hereinafter referred to as the SANGH) which expression shall unless

repugnant to the context or meaning thereof include its legal representative, successors or

assigns.

WHEREAS the PALI ZILA DUGDH UTPADAK SAHAKARI SANGH LTD. PALI,

has awarded a contract dated : __________________ for hiring of Road Milk Tanker(s) for

transportation of Raw/Pasteurized milk from Dairy Plant, Pali or its centre to destination

within/outside Rajasthan State as per the tender terms and conditions of Pali Zila Dugdh Utpadak

Sahakari Sangh Ltd., Pali.

AND WHEREAS the Milk Transport Contractor has agreed to submit a performance

security in the form of a bank guarantee to the Sangh as per the terms condition of Agreement

contract which will be kept valid upto from the date of Bank Guarantee. AND WHEREAS, the

bank and its duly constituted agent and officer has already understood the agreement contract

made between the Sangh and the Milk Tanker Transporter/Contractor.

In consideration of the Sangh having agreed to award the contract on the

contractor/transporter, we________________________________________________(the Bank),

do hereby guarantee, undertake, promise and agree with the Sangh, its legal representatives,

successors and assigns that the within name M/s

________________________________________

_______________________ their legal representatives and assignees will faithfully perform and

fulfill everything within the binding document and the agreement contract on their part to be

performed or fulfilled, at the time (time being the essence of the further undertake, and guarantee

to make payment to Sangh a sum of Rs. 2,00,000/- (Rs. Two lac only) in cases the contractor /

transporter, their legal representative and assignees do not faithfully perform and fulfill

everything within the binding document and all contract order/terms and conditions on their part

to be performed or fulfilled, at the time and in the manner herein provided and do not willfully

and promptly do all obligation there under).

In case the contractor/transporter fails to perform or fulfill the agreement as per the terms

and conditions agreed upon, the Sangh is entitled to demand and amount Rs.



18

2,00,000/- (Rs. Two lac only) from the contractor/transporter and demand made by the Sangh

itself will be conclusive evidence and proof that the contractor/transporter has failed to perform

or fulfill his obligations

under agreement contact and neither the contractor/transporter nor the Bank shall be entitled to

raise any dispute regarding the reasons for the failure or performance of fulfillment on any

ground whatsoever.

We the __________________________________________________ Bank (Name &

Address) do hereby undertake to pay an amount Rs. 2,00,000/- (Rs. Two lac only) being the

amount, due and payable under this guarantee, without any demur, merely on a demand from the

Sangh Stating that the amount claimed in due by way of non performance of the contractual

obligations as aforesaid by the contractor/transporter's failure to perform the said contractual

commitments, any such demand made on the bank shall be conclusive as regards the amount due

and payable by the Bank under this guarantee, however our liability under this guarantee shall be

restricted to an amount not exceeding Rs. 2,00,000/- (Rs. Two lac only).

We the Bank, further agree that the performance security herein contained shall remain in

full force up to _____________ from the state of Bank Guarantee or till the Sangh certifies that

the terms and conditions of the said contract have been fully and properly carried out by the

contractor/transporter and accordingly discharge the guarantee, unless a demand or claim under

this guarantee is made on us in writing by the Sangh on or before _____________. We shall be

discharged from all liabilities under this performance security hereafter.

We, ___________________________________________ (Name & address of Bank),

further agree with the Sangh that the Sangh shall have the fullest liberty without our consent and

without affecting in any manner our obligations hereunder to very any of the terms and

conditions of the binding document and agreement contract or to extend the time of performance

by the said contractor/transporter from time to time for any of the power exercisable by the

Sangh contractor/transporter from time to time for any of the power exercisable by the Sangh

against the contractor/transporter and do forbear or enforce any of the terms and conditions

relating to the said binding document and the agreement contract and we shall be relived from

our liability by reason of any such variation, or extension being granted to the said contractor

/transporter, or for any forbearance, act omission on the part of the Sangh to the said

contractor/transporter 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 shall be in addition to and without prejudice to any other securities or

remedies which the Sangh may have or hereafter possess in respect of the works



19

executed or intended to the executed and the Sangh shall be under no obligation to marshal in

favor of the bank any such securities or funds or asset that the Sangh may be entitled to receive

or have a claim upon and the Sangh at its absolute discretion may vary, exchange, renew, modify

or refuse to complete to enforce or assign any security or instrument.

The bank agree that the amount hereby guaranteed shall be due to payable to the Sangh

on serving us with a notice, requiring the payment of the amount and such notice shall be

deemed to have been served on the bank either by actual delivery thereof to the bank or by

dispatch thereof to the bank by registered post at the address of the bank.

Any notice sent to the bank at its address by registered post shall be deemed to have been

duly served on the bank notwithstanding that the notice may not in fact have been delivered to

the bank.

In order to give the full effect to the provisions of this guarantee the bank hereby waives

all rights inconsistent with the above provisions and which the bank might otherwise as a

guarantor be entitled to claim and enforce.

We, ____________________________________________ (Name & address of Bank)

lastly undertake not to revoke this guarantee during its currency except with the previous consent

of the Sangh in writing and the guarantee shall be continuous and irrevocable guarantee upto a

sum of Rs. 2,00,000/- (Rs. Two lac only) (guarantee amount). The Bank Guarantee shall be valid

upto _______________ unless a demand or claim in writing is made on us before

_________________. After it the guarantee will automatically cease the validity.

Place :

Date :

Signature

Seal

Code No.



20

ANNEXURE-III

PERFORMA TO BE FILLED IN BY THE TENDERER

The following information is very essential and must be filled in very carefully, legibly and

complete in all respect :-

1. Name of the Firm : …………………………………….

(With full address) ………………………………………

………………………………………

TELEPHONE NO. : ………………………………………

FAX NO. : …………………………………….

Mobile No. : …………………………………….

2. Capacity in which tender has been submitted (NMG/RMG Transport)

a) Proprietorship :

b) Name of the Proprietor

With full address of each :

c) In case of company enclose copy of Registration

d) Tanker Nos.with R.C.Photo Copy (do enclose)

1.----------------------------------------- 2.--------------------------------------------

3.----------------------------------------- 4.--------------------------------------------

3. Registration details of the firm :

4. Permanent Account No. (PAN) under

Income Tax :

5. Copy of last Income Tax Return filed and

a copy of the audited balance sheet to be

enclosed ( detailes to be mentioned )

6. Tender Form Fees Rs. 1000/- D.D No.---------------Date--------------

Name of the Bank :…………………………………………………..

7. Earnest Money Rs. 50,000/- by D.D. No.---------------Date--------------

Name of the Bank :…………………………………………………..

8. E- Tandar processing Fees Rs. 1000/-

D.D.No.------------------Date--------------Bank --------------------------------

In favor of Managing Director R.I.S.L. Jaipur

:



21

ANNEXURE-IV

PALI ZILA DUGDH UTPADAK SAHAKARI SANGH LTD;PALI-MARWAR

E-TENDER FORM PART-A

(MILK TANKERS FOR RMG/NMG/CHILLING CENTRE)

STATEMENT OF TANKERS AVAILABLE WITH THE TENDERER

Name of the Firm:

Nature of firm (Proprietor/Company):

Name(s) & full address of Proprietor:

Registration details of the firm with appropriate authority:

S.No. Tanker

Registration

number in

full

Name of the

person in

whose name

the tanker is

Registered

with Transport

Deptt.

Licensed

capacity

( RLW )

(Kgs.)

Actual

Max.

tare

weight

Max.

Laden

weight

Year

of

Mfg./

Model

Milk

carrying

/Barrel

capacity

(Kgs.)

Remarks

1

2

3

4

5

6

7

8



22

ANNEXTURE - I

FORM OF E-TENDER FOR QUOTING RATES

E-Tender Form PART – B (Financial)

Name of the firm:

Address of the firm :

We hereby quote following rates for different Registered Laden Weight ( RLW) milk tankers which

we have offered in the tender for transportation of milk through private road milk tankers based on diesel

prices prervailing as on 06.06.2016 i.e. these rates are inclusive of increase/decrease of diesel price, if

affected on 06.06.2016 by Govt. of India/ Govt. of Rajasthan.

QUOTATION RATES FOR TRANSPORTATION OF MILK BY CONTRACTED ROAD

MILK TANKERS FOR RMG/NMG/CHILLING CENTRE

S.

No.

Registered

Laden Weight

of Milk Tanker

Rate per Kilometer per 15000 kgs milk transported for filled as well as empty

trip alike on prorate basis

Rate in Rs.

(in figures)

Rate in Rs.

(in wordss)

1. 25000 Kgs

S.

No.

Registered

Laden Weight

of Milk Tanker



Rate in Rs.

(in figures)

Rate in Rs.

(in wordss)

1. 31000 Kgs

S.

No.

Registered

Laden Weight

of Milk Tanker



Rate in Rs.

(in figures)

Rate in Rs.

(in wordss)

1.

We hereby confirm that the rates have been quoted only for those Registered Laden Weight

(RLW) milk tankers which have been offered by us in the tender and therefore, rates quoted for any other

RLW milk tanker not offered by us shall be treated as invalid by PZDUSS Ltd., Pali.



23

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