Rice RFP
Rice RFP
CONTRACT FOR SUPPLY OF RICE RAW (SHARBATI & SONA MASURI - SORTEX CLEAN)
IN 05 & 25 KGS PACKING AT BVY(V) FOR A PERIOD OF ONE YEAR
Dear Sir(s)
1. On behalf of the President of India, Tenders for, the supply of “RICE RAW (SHARBATI & SONA
MASURI - SORTEX CLEAN) IN 05 & 25 KGS PACKING” for quantities and items as mentioned in
commercial bid matrix (part-V) at Base Victualling Yard, Visakhapatnam for a period of one year as
mentioned in “Acceptance of tender” (Exact date of commencement of contract will be notified in the
Acceptance of Tender) as shown in the attached schedule (IAFZ-2121) are invited by the Base Victualling
Officer, Base Victualling Yard, Visakhapatnam-530009. The date of commencement is provisional and
subject to change, to be notified in the acceptance of tender (IAFZ-2124). Bids are invited through e-
procurement module in DPP Portal (URL -http://defproc.gov.in) for supply of items mentioned in the
RFP Rates are not to be included in technical bids." This RFP is being issued on Two Bid Tender. The
Technical bid (Cover-1) should contain original tender document duly signed on each and every page of
your technical offer and any other documents / information/ Brochures as stated in (Technical Bid). The
Technical documents to be submitted have to be self attested by the proprietor/managing partner,
scanned and uploaded in the portal with respective digital signature. The sample asked in
accordance with technical specification mentioned in matrix II of appendix C to Part V has to reach
this office at under mentioned address through registered post/parcel or manually (Samples from
representatives without authorization letter will not be accepted) before the defined time of technical bid
opening. The submitted samples should be of 05 Kgs of Rice Raw Sona Masuri and Sharbati Sortex
Clean with 25 Kgs packing covers, which will be handed over to the Tender Opening Board. The
Commercial Bid (Cover-2) should contain only the quoted price. No other documents or new terms
and conditions are to be attached in this bid. (Please remember that in case of incomplete tender
form/documents for technical bid and any other terms / conditions in your commercial bid the tender will be
treated as null and void and shall be rejected outright). The bids will be opened online and tender opening
summary stating the firms participated and other relevant information will be uploaded. The quotes will be
Admitted/Rejected for evaluation based on the scrutiny of the documents submitted by the firms. Reasons
for rejection of the quote will be indicated in the Tender Opening Summary. The last date for online
submission of bids will be 1700 hrs on 28 May 19. The bids (Technical and Commercial bid) should
be uploaded through e- procurement module in DPP Portal (URL -http://defproc.gov.in) by the due date
and time. The responsibility to ensure this lies with the Bidder. The technical bids will be opened at 1000
hrs on 30 May 19. In case of Sunday/holiday, the tender will automatically be opened on next working day.
The date and time of opening commercial bid will be intimated later to those firms which are
technically qualified and whose samples are accepted by the board. CFA RETAINS THE RIGHT OF
SHORT CLOSURE DURING TENDERING/CONTRACT PERIOD FOR ANY ITEM MENTIONED
WITHOUT NOTICE.
2. The address and contact numbers for sending requisite documents, samples or seeking
clarifications regarding this RFP are given below –
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For and on behalf of the President of India Signature of Tenderer(s)
(c) Name/designation of the contact personnel: Lt Cdr P Mungrei (Oi/c Contracts)
(d) Tele. numbers of the contact personnel: 0891 - 2558301
(e) Fax number: 0891 - 2558301
(f) E-mail ID encbvy-navy@nic.in
5. You are to sign and endorse the date both on Tender form and Schedule (IAFZ-2121) with your
rubber stamp subsequently the signed and stamped documents are to be scanned and converted to PDF
format prior uploading in the portal with respective digital signature. You will make the supplies as per
“SPECIFICATION AND CONDITIONS” which are already in your possession/as per supply order. You will
not make any alteration in or addition to any of the documents connected with the tender.
6. Your offer is to remain valid for a minimum period of 150 days from the date of technical bid
opening. Earnest money deposit as indicated in schedule shall be paid in favour of Base Victualling
Officer, Vizag in the form of FDR or Demand Draft which should be valid for 45 days beyond the final bid
validity period (i.e. 195 days from date of opening of tender).
7. The approval or rejection of tenders rests with the buyer, as per specifications attached/considered
suitable by the buyer. If there is any discrepancy to specification or lab report, the buyer reserves the right
of rejecting any tender in whole or in part without cause assigned. The lowest tender will not necessarily be
accepted. This RFP is being issued with no financial commitment and the Customer reserves the right to
change or vary any part thereof at any stage. Customer also reserves the right to withdraw the RFP, should
it become necessary at any stage.
8. Representatives of the firm while being sent for sample submission or price negotiation committee
meetings should be authorised to sign on pending documents or alterations, if any, which will be
understood to be in consultation with the firm‟s proprietor.
(Surendra R Gochke)
Captain
Base Victualling Officer
Encls: As above.
II
I/We/am/are in possession of complete set of tender documents issued by you and have understood
and agree to abide by the above terms and conditions as well as those contained in the contract forms.
The attached tender form duly completed and signed is submitted herewith.
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For and on behalf of the President of India Signature of Tenderer(s)
PART - I
1. Last Date and Time for Depositing the Bids:- The last date for online submission of bids will
be 1700 hrs on 28 May 19. The bids (Technical and Commercial bid) should be uploaded through e-
procurement module in DPP Portal (URL -http://defproc.gov.in) by the due date and time. The
responsibility to ensure this lies with the Bidder.
2. Manner of Depositing the Bids. The bids have to be submitted through online portal only. Bids
sent by post, fax, mail or e-mail will not be considered. Prices to be quoted in the Commercial bid matrix is
uploaded in the CPP Portal in the “Work Item Details” of subject tender enquiry along with other important
documents as indicated. Current case being of two bid system, the firm has to upload technical documents
in the first cover and commercial documents in the second cover as indicated in the “Cover Details” of
Online Tender. Firms are requested not to mention prices in the technical bids. In accordance with Rule
161(iv) of GFR-2017, in order to promote wider participation and ease of bidding, no cost of tender
document has been levied for the tender document downloaded by the bidders before the opening of
technical bids. Tenders will be rejected, in case tendered samples and EMD are not received at BVY by the
date /time off opening of technical bids. The same should be sent by registered post/by hand at the
following address by the due date and time:-
3. Date and Time for Opening of Bids. The Technical bid will be opened on 1700 hrs on 30
May 19. The bids will be opened online and tender opening summary stating the firms participated and
other relevant information regarding tender opening will be uploaded. The quotes will be Admitted/Rejected
for evaluation based on the scrutiny of the documents submitted by the firms. Reasons for rejection of the
quote will be indicated in the Tender Opening Summary.
4. Location of Sample Submission. The samples asked in accordance with technical specification
placed at matrix II of appendix C to Part V is to be submitted at Contracts Section of Base Victualling
Yard (Visakhapatnam) on any working day between 0900 hrs to 1700 hrs, prior to opening of
technical bids. In case a firm uploads their technical bid but does not submit samples by the due
date and time, the bid of the firm will be rejected without any further communication.
5. Place of Opening of the Tenders. The bids will be opened online and tender opening summary
stating the firms participated and other relevant information regarding tender opening will be uploaded. The
quotes will be Admitted/Rejected for evaluation based on the scrutiny of the documents submitted by the
firms. Reasons for rejection of the quote will be indicated in the Tender Opening Summary.
6. Two-bid System. The current case is in Two-bid system, only the Technical Bid would be
opened on the time and date mentioned above. Date and time of opening of the Commercial bid will be
intimated after acceptance of the Technical bids and verification of the samples and other details called for
in the tender document. Commercial bids of only those firms will be opened, whose Technical bid
alongwith sample is found compliant/suitable by the buyer. It may further be noted that all samples
submitted by vendors will in addition to the physical checks and inspection, be also subjected to
cooking and tasting trials to ascertain the taste and quality. Post cooking, only those samples
which clear both the physical inspection as well as cooking trials will be accepted by the TEC. The
decision of the duly constituted TECHNICAL EVALUATION COMMITTEE (TEC) will be final and
binding and no representation for the acceptance of the tenders from the vendors will be
entertained if sample is rejected by the TEC. If there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price and quantity, the unit price will prevail and the total
price will be corrected. If there is a discrepancy between words and figures, the amount in words will prevail
for calculation of price. L1 will be determined item wise. Samples from representative without authorization
letter will not be accepted.
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For and on behalf of the President of India Signature of Tenderer(s)
7. Forwarding of Tenders. Tenders should be forwarded by Firms under their original memo / letter
pad inter alia furnishing details like GST number, HSN/SAC code, Bank address with NEFT Account etc
and complete office postal, fax no. and e-mail address of their office for correspondence related with
contract. Tenders without above information will be rejected and the yard will not be liable for any
delay/non-receipt of documents/information.
8. Clarification Regarding Contents of the RFP. A prospective bidder who requires clarification
regarding the contents of the bidding documents shall notify to the Buyer in writing about the clarifications
sought not later than 14 (fourteen) days prior to the date of opening of the Bids.
9. Modification and Withdrawal of Bids. A bidder may modify or withdraw his bid after submission
provided that the written notice of modification or withdrawal is received by the Buyer prior to deadline
prescribed for submission of bids. A withdrawal notice may be sent by fax but it should be followed by a
signed confirmation copy to be sent by post and such signed confirmation should reach the purchaser not
later than the deadline for submission of bids. No bid shall be modified after the deadline for submission of
bids. No bid may be withdrawn in the interval between the deadline for submission of bids and expiration of
the period of bid validity specified. Withdrawal of a bid during this period will result in Bidder‟s forfeiture of
bid security.
10. Rejection of Bids. Canvassing by the tenderer in any form, unsolicited letter and post-tender
correction may invoke summary rejection with forfeiture of Earnest Money Deposit. Any other condition in
the bid outside this tender enquiry will not be accepted. BVY(V) will not be responsible for any delays of
posting/non-communication of information, if details as asked in part-V of tender is not provided and is also
liable to be rejected.
11. Unwillingness to Quote. Tenderers unwilling to quote should ensure that intimation to this effect
reaches before the due date and time of opening of the Tender, failing which the defaulting firm may be de-
listed/de-registered for the given range of items as mentioned in this RFP.
12. Validity of Bids. The Tender should remain valid for a period of 150 days from the date of
opening of „Technical‟ bid
13. Determination of L1:- The Technical bid will be opened and Commercial bids of only those
firms will be accepted, who qualify the TEC. Thereafter, L1 will be determined based on the commercial
bids quoted by only those firm‟s who have been qualified by TECHNICAL EVALUATION COMMITTEE
Board for supply of “Provisions” to BVY(V). L1 will be determined item wise on the basic cost. Basic
cost of item is inclusive of transportation and freight.
14. Tender Cost. In accordance with Rule 161(iv) of GFR-2017, in order to promote wider
participation and ease of bidding, no cost of tender document has been levied for the tender document
downloaded by the bidders.
15. Earnest Money Deposit (EMD). Bidders are required to submit Earnest Money Deposit (EMD)
along with their bids in favour of „Base Victualling Officer, Vizag in the form of FDR or Demand Draft‟
for amount is as below. In case of absence of command registration certificate, bids without EMD will be
rejected. Scanned copy of the same should be uploaded by your firm in pdf format with technical
documents:-
Ser Item EMD Amount (Rs)
Rice Raw (Sona Masuri - Sortex clean) in 05 Kgs
(a) 60,000.00
packing
Rice Raw (Sona Masuri - Sortex clean) in 25 Kgs
(b) 6,00,000.00
packing
(c) Rice Raw (Sharbati - Sortex clean) in 05 Kgs packing 70,000.00
(d) Rice Raw (Sharbati - Sortex clean) in 25 Kgs packing 1,70,000.00
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For and on behalf of the President of India Signature of Tenderer(s)
The EMD may be submitted in the form of an Account Payee Demand Draft, Fixed Deposit Receipt,
Banker's Cheque or Bank Guarantee from any of the public sector banks or a private sector bank
authorized to conduct government business as per Form DPM-16 (Available in MoD website and can be
provided on request). EMD is to remain valid for a period of 45 (forty five days) beyond the final bid validity
period (i.e. 150 + 45 days). EMD of the unsuccessful firms will be returned to them at the earliest after
expiry of the final bid validity and latest on or before the 30th day after the award of the
Sanction/Acceptance of Tender. The bid Security of the successful bidder would be returned, without any
interest whatsoever, after the receipt of Performance Security from them as called for in the Tender. EMD is
not required to be submitted by those Firms who are registered with the Central Purchase Organization,
DGS&D, National Small Industries Corporation (NSIC) and departments/Ministries of Government of India
for the same item/range of products, goods or services for which the tender has been issued. Attested
copies of the same is to be scanned, converted to PDF format and upload along with the technical bid and
show originals at the time of technical evaluation by the TEC. The EMD will be forfeited/utilised if the firm
withdraws or amends impairs or derogates from the tender in any respect within the validity period of their
tender/before submission of PBG. Tenders received without depositing the requisite earnest money and
improper form are liable to be rejected.
16. Signing of Contract Agreement (Acceptance of Tender):- The successful bidder/contractor will
be required to sign an agreement with the contract operating authority within 30 days from the date of
award of contract. e-stamp paper provision and concerned action is required to be done by the contractor.
Format of „Acceptance of tender‟ will be given by this office on award of contract that will have to be
resubmitted by vendor within 30 days with proprietor‟s signature and firm‟s round stamp to this office
which will act as agreement within 30 days or the payments will be stopped. Risk and expense may be
done using EMD/PBG/ payments of other running contracts with Indian Navy. If the firm fails to submit
contract agreement and PBG within 30 days of award of contract on even after reminder letters issued by
this office CFA holds all the rights to terminate the contract without any prior notice and justification.
17. Standard conditions of contract (SCOC). The bidder is required to accept our standard
conditions of contract. In addition, standard clauses regarding agents/agency commission, penalty for use
of undue influence, access to books of accounts, non-disclosure of contract documents, arbitration clause
would be incorporated in the contract. Failure to do so may result in rejection of the bid submitted by the
bidder. The same can be obtained from MOD Web site www.mod.nic.in/DPM. Contract/agreement with
successful bidder for the above mentioned items will be guided by this RFP, DPM, DFPDS, DGST and ASC
regulations.
18. The approval or rejection of tenders rests with the CFA, who reserves to himself the right of rejecting
any tender in whole or part of any item in respect of any or all the delivery points shown in the Schedule
(IAFZ-2121) without cause assigned. The lowest tender will not necessarily be accepted.
19. Any further information required can be obtained on application on any working day between 1000
hrs to 1600 hrs from the Oi/c Contracts, Base Victualling Yard, Visakhapatnam-530009
20. The officer operating the contract will be the Base Victualling Officer, Base Victualling Yard,
Visakhapatnam – 530 009.
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For and on behalf of the President of India Signature of Tenderer(s)
PART II - ESSENTIAL DETAILS OF ITEMS/SERVICES REQUIRED
3. Defence Food Specification. The Rice Raw Sortex clean (Sharbati) would conform to Defence
Food Specification No. 168 of 2017 (attached along with RFP). As specified in the said specification, the
length to breadth ratio should be 4.0 and 2.5 for Sharbati and Sona Masuri respectively. Apart from
the specifications given in Specification No 168 of DFS-2017, the average grain length before cooking
should be min 6.9 to 7.2 mm for rice Sharbati. Only Rice Raw (Sharbti and Sona Masuri - Sortex
Clean) are acceptable and Sella (Parboiled), Steam rice etc. are not acceptable.
4. (a) The vendor‟s product should be having a brand name duly registered with Registrar of Trade
Marks, Govt of India. The Trade mark/brand being offered by the firm/vendor should have
commercial market presence for the last one year and the product with a brand name duly
registered with Registrar of Trade Marks, Govt of India. The items supplied in the registered brand
name must conform to the Defence Food Specifications. The trademark should be applicable
throughout India.
(b) An undertaking is to be provided by all the firms submitting bids that they have not voluntarily
foregone any actionable claim or enforceable right on quoted brand name/trade mark.
(c) Since the eligible firms would be having a valid trademark / brand name, they would
consequently be eligible for payment of the GST @ 5% as per current Govt regulations. Therefore,
any firm which does not indicates GST in their commercial bids will be rejected.
(a) One year commencing as in Date of Acceptance of Tender (Exact date of commencement
of contract will be notified in the Acceptance of Tender).
(b) Incase the fresh contract is not being concluded right after the expiry of the present contract,
the supplier should be able to supply the item under same terms and conditions for three more
months or till conclusion of the fresh contract, whichever is earlier.
(c) Short Term Agreement/Extension of STA. If the quoted rates are considered to be
high/non-competitive by the buyer, the contract may be concluded initially for a short term of four
months and case tendered again at the discretion of the buyer. In case the new rate is lower than
the contracted rate, the contract will be accorded to the new vendor, else the same contract of four
months will be extended to eight more months at the same terms and conditions.
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For and on behalf of the President of India Signature of Tenderer(s)
(d) Short Closure of ARC. In case of full contract quantity utilized before completion of
contract period or due to poor/short supply view unjustified reason, CFA retains the right of short
closure during tendering/contract period for any item mentioned without notice.
5. Lab Test Report/Cost of Inspection/Testing of the Item(s):- Lab test report form a
government composite food laboratory (CFL) or a government approved and NABL accredited food testing
laboratory is required to be submitted by all vendors in respect of the tendered samples as part of the
technical bid. Sample submitted without lab test report will be summarily rejected. In case the TECHNICAL
EVALUATION COMMITTEE considers it necessary, the tendered samples can be sent for independent
testing and charges incurred on the same are to be borne by the respective vendor. In case of non-
payment, the buyer reserves the right to deduct the same from the EMD submitted by the concerned
vendor. Subsequent to conclusion of contract, random samples will be drawn by the buyer from each lot/
supply made by the contractor and sent for lab testing to any lab nominated by the buyer. Payment of
testing charges so incurred will be borne by the vendor/contractor. The expenditure incurred would be paid
by the seller to the food testing laboratory on receipt of a bill along with the test report. The number of tests
during the contract period would be carried out at the discretion of the buyer, primarily for ensuring the
quality of the item(s) in conformity with the laid down specifications/standards). Contract operating authority,
at any time, may visit the vendor‟s premises to check any quality/hygiene issues etc related with the item
being supplied.
6. Delivery and Inspection. The delivery of „PROVISIONS‟ should be at Base Victualling Yard,
Visakhapatnam or a place in Visakhapatnam in part quantities within 14 days as per part supply orders
by the contract operating authority. The item supplied will be subject to inspection by the contract operating
authority i.e. Base Victualling Officer, Visakhapatnam or any other officer designated by him.
Segregation/Inspection must happen at vendor‟s premises prior to delivery at BVY(V). Also, rejection of
more than 10% quantity in quality inspection at BVY(V) will result in risk and expense. The seller shall
collect the rejected provisions from the location nominated by the buyer and deliver the replaced provisions
at the same location under seller‟s arrangement. Please note that Contract can be cancelled unilaterally or
resorted to risk and purchase or as per apportionment of quantity clause by the Buyer in case items are not
received within the contracted delivery period. Extension of contracted delivery period will be at the sole
discretion of the Buyer, with applicability of LD clause.
“Samples tendered by the firms will be cooked and tasted by the duly appointed TECHNICAL
EVALUATION COMMITTEE Board Members. Even if a sample clears the lab test and adheres to the
specifications but fails in the cooking/tasting test or, if the cooked samples are not found suitable
and not approved by the TEC, the firms offer will be technically rejected”.
8. Self Certification.
(a) Technical & Hygiene Parameters. The vendors will self certify that the vendors will self
certify that the vendors and/or allied facilities including storage godowns of leased vendors meets
the laid down technical parameters as per FSSAI above laid down QRs and norms laid down by
state and central govt. The final acceptance of the consignment will be after the verdict of the quality
analysis as per the procedure followed by the directorate general.
(b) The buyer reserves the right to inspect the firm with respect to technical or hygiene fitness at
any given time with respect to the QRs given above to confirm the veracity of the above certificates.
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For and on behalf of the President of India Signature of Tenderer(s)
PART III – STANDARD CONDITIONS OF RFP
1. Law. The Contract shall be considered and made in accordance with the laws of the Republic of
India. The contract shall be governed by and interpreted in accordance with the laws of the Republic of
India.
2. Effective Date of the Contract. The contract shall come into effect on the date of signatures of
both the parties on the contract (Effective Date) and shall remain valid until the completion of the obligations
of the parties under the contract. The deliveries and supplies and performance of the services shall
commence from the effective date of the contract.
3. Arbitration. All disputes or differences arising out of or in connection with the Contract shall be
settled by bilateral discussions. Any dispute, disagreement or question arising out of or relating to the
Contract or relating to construction or performance, which cannot be settled amicably, may be resolved
through arbitration. The standard clause of arbitration is as per Forms DPM-7, DPM-8 and DPM-9
(Available in MoD website and can be provided on request).
4. Penalty for use of Undue influence. The Seller undertakes that he has not given, offered or
promised to give, directly or indirectly, any gift, consideration, reward, commission, fees, brokerage or
inducement to any person in service of the Buyer or otherwise in procuring the Contracts or forbearing to do
or for having done or forborne to do any act in relation to the obtaining or execution of the present Contract
or any other Contract with the Government of India for showing or forbearing to show favour or disfavour to
any person in relation to the present Contract or any other Contract with the Government of India. Any
breach of the aforesaid undertaking by the Seller or any one employed by him or acting on his behalf
(whether with or without the knowledge of the Seller) or the commission of any offers by the Seller or
anyone employed by him or acting on his behalf, as defined in Chapter IX of the Indian Penal Code, 1860
or the Prevention of Corruption Act, 1986 or any other Act enacted for the prevention of corruption shall
entitle the Buyer to cancel the contract and all or any other contracts with the Seller and recover from the
Seller the amount of any loss arising from such cancellation. A decision of the Buyer or his nominee to the
effect that a breach of the undertaking had been committed shall be final and binding on the Seller. Giving
or offering of any gift, bribe or inducement or any attempt at any such act on behalf of the Seller towards
any officer/employee of the Buyer or to any other person in a position to influence any officer/employee of
the Buyer for showing any favour in relation to this or any other contract, shall render the Seller to such
liability/ penalty as the Buyer may deem proper, including but not limited to termination of the contract,
imposition of penal damages, forfeiture of the Bank Guarantee and refund of the amounts paid by the
Buyer.
5. Agents / Agency Commission. The Seller confirms and declares to the Buyer that the Seller is
the original manufacturer of the stores/provider of the services referred to in this Contract and has not
engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in any way to
recommend to the Government of India or any of its functionaries, whether officially or unofficially, to the
award of the contract to the Seller; nor has any amount been paid, promised or intended to be paid to any
such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees
that if it is established at any time to the satisfaction of the Buyer that the present declaration is in any way
incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such
individual/firm, and paid or intended to pay any amount, gift, reward, fees, commission or consideration to
such person, party, firm or institution, whether before or after the signing of this contract, the Seller will be
liable to refund that amount to the Buyer. The Seller will also be debarred from entering into any supply
Contract with the Government of India for a minimum period of five years. The Buyer will also have a right
to consider cancellation of the Contract either wholly or in part, without any entitlement or compensation to
the Seller who shall in such an event be liable to refund all payments made by the Buyer in terms of the
Contract along with interest at the rate of 2% per annum above LIBOR rate. The Buyer will also have the
right to recover any such amount from any contracts concluded earlier with the Government of India.
6. Access to Books of Accounts. In case it is found to the satisfaction of the Buyer that the
Seller has engaged an Agent or paid commission or influenced any person to obtain the contract as
described in clauses relating to Agents/Agency Commission and penalty for use of undue influence, the
Seller, on a specific request of the Buyer, shall provide necessary information/ inspection of the relevant
financial documents/information.
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For and on behalf of the President of India Signature of Tenderer(s)
7. Non-disclosure of Contract documents. Except with the written consent of the Buyer/ Seller,
other party shall not disclose the contract or any provision, specification, plan, design, pattern, sample or
information thereof to any third party.
8. Liquidated Damages. In the event of the Seller's failure to submit the Contract Agreement,
Guarantees and Documents, supply the provisions, etc as specified in this contract, the Buyer may, at his
discretion, withhold any payment until the completion of the contract. The BUYER may also deduct from the
SELLER as agreed, liquidated damages to the sum of 0.5% of the contract price of the delayed/undelivered
provisions mentioned above for every week of delay or part of a week, subject to the maximum value of the
Liquidated Damages being not higher than 10% of the value of delayed stores.
9. Termination of the contract. The Buyer shall have the right to terminate this Contract in part or in
full in any of the following cases and EMD/PBG of the contractor will be forfeited wherever termination
occurs due to faulting of vendor :-
(a) The delivery of the material is delayed for causes not attributable to Force Majeure beyond
the scheduled date of delivery.
(c) The delivery of material is delayed due to causes of Force Majeure by more than 07 days
apart from supply order period, but the letter should be sent to contract operating authority within not
more than 03 days of occurrence of Force Majeure along with certificate of a chamber of commerce
(Commerce & Industry) or other competent Government authority or organization of the respective
country as a sufficient proof of commencement and cessation of circumstances. The delivery of
material is delayed due to causes of Force Majeure by more than 07 days apart from supply order
period, but the letter should be sent to contract operating authority within not more than 03 days of
occurrence of Force Majeure along with certificate of a chamber of commerce (Commerce &
Industry) or other competent Government authority or organization of the respective country as a
sufficient proof of commencement and cessation of circumstances.
(d) The Buyer has noticed that the Seller has utilised the services of any Indian/Foreign agent in
getting this contract and paid any commission to such individual/company etc.
10. Notices. Any notice required or permitted by the contract shall be written in the English
language and may be delivered personally or may be sent by FAX or registered pre-paid mail/airmail,
addressed to the last known address of the party to whom it is sent.
11. Transfer and Sub-letting. The Seller has no right to give, bargain, sell, assign or sublet or
otherwise dispose of the Contract or any part thereof, as well as to give or to let a third party take benefit or
advantage of the present Contract or any part thereof.
12. Patents and other Industrial Property Rights. The prices stated in the present Contract shall
be deemed to include all amounts payable for the use of patents, copyrights, registered charges,
trademarks and payments for any other industrial property rights. The Seller shall indemnify the Buyer
against all claims from a third party at any time on account of the infringement of any or all the rights
mentioned in the previous paragraphs, whether such claims arise in respect of manufacture or use. The
Seller shall be responsible for the completion of the supplies including spares, tools, technical literature and
training aggregates irrespective of the fact of infringement of the supplies, irrespective of the fact of
infringement of any or all the rights mentioned above.
13. Amendments. No provision of present Contract shall be changed or modified in any way
(including this provision) either in whole or in part except by an instrument in writing made after the date of
this Contract and signed on behalf of both the parties and which expressly states to amend the present
Contract.
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For and on behalf of the President of India Signature of Tenderer(s)
14. Taxes and Duties
(i) Bidders must indicate separately the relevant Taxes/Duties likely to be paid in
connection with delivery of completed goods specified in RFP. In absence of this, the bids
would be summarily rejected.
(ii) If a Bidder is exempted from payment of any duty/tax up to any value of supplies from
them, he should clearly state that no such duty/tax will be charged by them up to the limit of
exemption which they may have. If any concession is available in regard to rate / quantum of
any Duty/tax, it should be brought out clearly. In such cases, relevant certificate will be
issued by the Buyer later to enable the Seller to obtain exemptions from taxation authorities.
(iii) Any changes in levies, taxes and duties levied by Central/State/Local governments
on final product upward as result of any statutory variation taking place within contract period
shall be allowed reimbursement by the Buyer, to the extent of actual quantum of such
duty/tax paid by the Seller. Similarly, in case of downward revision in any such duty/tax, the
actual quantum of reduction of such duty/tax shall be reimbursed to the Buyer by the Seller.
All such adjustments shall include all reliefs, exemptions, rebates, concession etc, if any,
obtained by the Seller. Section 64-A of Sales of Goods Act will be relevant in this situation.
(iv) In case of extension of Delivery Period any increase in taxes, duties levies etc will not
be paid to the seller. In case of decrease the difference to be passed on to the buyer.
(i) GST will be paid to the Seller at the rate applicable based on description, HSN/SAC
code and the relevant schedule of CGST Act.
(ii) In pursuance with Section 171 (1) of CGST Act, an undertaking is to be effected by
the seller declaring that “Any reduction in rate of tax on any supply of goods or services or
the benefit of input tax credit (ITC) shall be passed on to the recipient by way of
commensurate reduction in prices”. Further, in case it is detected by the government that any
ITC has accrued to the seller as a result of migrating to GST, after receiving the
consideration/reimbursement for his supplies, the seller is mandated to refund the same
accordingly to the Paying Authority, giving details and particulars of the transactions.
(iii) Unless otherwise specifically agreed to in terms of the contract, the Buyer shall not
be liable for any claim on account of fresh imposition and/or increase of GST on raw
materials and/or components used directly in the manufacture on the contracted stores
taking place during the pendency of the contract.
15. I / We agree that in the event of any delay in lodging the PBG as Security Deposit, Contract
Operating Officer / CDA may deduct the requisite amount of Security Deposit from my / our bills, if in these
the payment of our bills is being made by Contract Operating Officer, the amount will be deducted by
Contract Operating Officer and in case the payment is directly made by the CDA, the amount will be
deducted by the CDA on receipt of intimation from the Contract Operating Officer.
16. Any change in the constitutions of supplier‟s firms shall be notified forthwith by him in writing to the
authority sanctioning the contract and such change shall not relieve any former member of the firm from
any liability under the contract. No new partner / partners shall be accepted in the firm by spplier in respect
of this contract unless he / they agree(s) to abide by all its terms and conditions and deposits with the
officer sanctioning the contract a written agreement to this effect.
17. The officer sanctioning the contract may authorise such officer as he/she wish to operate the
contract on his behalf and supplier / his agent will accept and carryout instructions given by such officer (or
their representatives) in connection with contract as if these were issued by the officer sanctioning the
contract.
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For and on behalf of the President of India Signature of Tenderer(s)
18. The Government reserves its rights to grant purchase preference to Central Government
Enterprises / State Government Undertakings. The applicability of the above purchase preference is that in
all cases where the quoted price of public enterprises is within 10% of the lowest valid price bid, other
things being equal, purchases preference may be granted to the public enterprises concerned, at the lowest
valid price bid.
19. All money or compensation payable by supplier to the Government under terms of the contract may
abdicated from or realised by the sale of sufficient part of his EMD/PBG, or from interest arising there from
or from any sums which may be due to supplier by Government under this contract or any other account
with the Government. In the event of supplier‟s EMD/PBG being reduced by reason of any such deductions
of sale as aforesaid, the value of such receipts or securities depreciate in value during the period that they
be held as such security deposit, supplier shall within twenty days from the date of supplier being called to
do so, make good in case of receipts or securities the amount required to complete the security deposit to
the original value.
20. The officer to whom supplies are to be delivered (in the contract referred to as other officers
operating the contract, which expression shall include his duly authorized representative) may reject the
supplies/services in whole or in part if in his opinion they are not, in all respect, in accordance with contract.
21. Supplier shall neither claim nor be entitled to payment for any damage that rejected supplies /
services shall be removed by him at own expense.
22. Supplier shall neither claim nor be entitled to payment for any damage that rejected supplies may
suffer from cutting, tearing or any other harm incidental to a full and proper examination and test of such
supplies.
23. Government shall be under no liability whatever for rejection of supplies / services and the same
shall be at supplier‟s risk. Rejected supplies be removed by supplier within 24 hrs of rejection, the officer
operating the contract or his successor or in office shall be entitled to cause the same to be removed and to
charge supplier with all expenses incurred in such removal or to leave them on Govt. premises and to
charge supplier the rent for the space occupied, the amount of such rent being settled, in case of dispute,
by the officer sanctioning the contract or to sell or otherwise dispose of goods on supplier‟s behalf and
supplier‟s risk and to retain any money realised (after paying expense of sale) towards any sum due from
supplier.
24. Government shall in the event of rejection of supplies be entitled to demand replacement, at supplier‟s
cost, of such supplies of the quality required.
(a) If supplier assign or sublet the contract without written approval, or if supplier attempt to do
so.
(i) Be a guilty or fraud in respect of the contract, or any other contract entered in to by
supplier with Government, or
(ii) Directly or indirectly give, promise or offer any bribe, gratuity, gift, loan, perquisite
reward or advantage pecuniary or otherwise to any officer or person in the employment of
the Government in any way relating to such officer‟s or person‟s or employment
(iii) If Supplier decline, neglect or delay to comply with any demand or requisition or in
any other way fail to perform or observe any condition of the contract.
(iv) If Supplier or any of his partners become insolvent or apply for relief as an insolvent
debtor or commence any insolvency proceedings or make any composition with his creditors
or alternate to do so or in the case or being registered company, any order be duly made or
any resolution be duly passed for the winding up of the company.
(c) In case of such rescission firm‟s security deposit (or such portion thereof as the officer
sanctioning the contract shall consider fit or adequate) shall stand forfeited and be absolutely at the
disposal of Buyer. In case of such rescission the Buyer shall be entitled to recover from firm any
extra expense the buyer may have to put in obtaining supplies/services hereby agreed to be
supplied from elsewhere in any manner for the remainder of the period for which this contract was
entered into, without prejudice to any other remedy the buyer may have.
27. Not withstanding anything herein before contained and without prejudice hereto the officer operating
the contract or his successor in office may recover from SUPPLIER as compensation. Such sums as buyer
considers reasonable: -
(a) If any goods entrusted to firm under the contract be lost, damage or depreciated unless such
loss, damage or depreciation be due to the act of God as natural disasters.
28. Firm shall be liable to pay rent for any military land if and when occupied by firm in the course of the
contract at rate to be fixed by the officer sanctioning the occupation of the land and intimated by officer
sanctioning the contract.
29. All question concerning the payment or refund or Octori, Terminal Taxes etc and for settlement
between the contractor and the municipal or other authorities concerned, the officer sanctioning the contract
or the officer officiating in his place as notified in local orders admits no liability in this connection and will
not enter into any correspondence in this subject.
30. In respect of any supplies of foodstuffs or of drinks under this contract an officer of the department
concerned and any medical officer acting on behalf of the officer sanctioning the contract may, any time,
inspect and examine these supplies and the hygienic and sanitary conditions under which these supplies
are prepared, stored (previous to issue to receiving officers) or issued and firm shpuld comply without
unnecessary delay with any reasonable instructions or suggestion issued by such officer in connection with
the preparation, storing and handling of such supplies. Any expenditure incurred by firm in the course of
such compliance (and which is not chargeable to me/us under the contract) being borne by firm if the
officer sanctioning the contract may so decide.
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For and on behalf of the President of India Signature of Tenderer(s)
31. (a) Supplier shall submit bills to the officer contract operating officer on the correct printed forms.
And shall always be entered at the same rates for each supply as shown in the schedule of the
contract and under such class of the schedule as pertains to it and is specified by the officer
operating the contract in the requisitions of order.
(b) Firm shall be responsible for taking possible steps to obtain receipt voucher from receiving
officer in time to ensure of correct submission of bills. No responsibility will be held upon buyer in
case of such delays.
(c) Supplier‟s security deposit or any balance thereof remaining at the end of the contract shall
not be returned to firm until firm‟s accounts have been finally audited and settled and until
I/Wsupplier has executed the “No Demand/Due Certificate”.
32. (a) In the event or a state of emergency being declared by the President of India in the area
under which this contract is held, and the control of supplies/services such are required under the
contract being taken over by the civil or military authorities supplier hereby agrees to obtain
supplier‟s requirement for the purpose of this contract through and under the supervision of the
same authorities and without extra cost to the Government i.e. without altering the original tendered
rate for supply under the contract.
(b) In the event of such state of emergency being declared while the contract is in force and
within 60 days before expiry of the contract period, I/We hereby agree that, if desired by the officer
sanctioning the contract, the contract shall continue in force up to a date of 60 days after the date
originally fixed for the termination of contract.
(c) Not withstanding anything to the contrary herein contained if the Military situation
necessitates such a course this contract may be terminated by the officer sanctioning the contract at
any time without the contractor being entitled any compensation on that account.
(d) After the state of emergency has been declared by the President of India which covers the
area in which the contract is held the COMPETENT FINANCIAL AUTHORITY OF THIS
CONTRACT will have the sole direction to decide the date from which the military situation warrant
the termination of the contract. Such date will be communicated to firm in writing and firm agree to
accept his decision as fully binding on firm from that date.
(e) In the event of such state emergency being declared or its reasonably apprehended to be
declared (as decided) by the officer sanctioning the contract whose decision shall be final on
reasonable apprehension of declaration of State emergency) it shall be obligatory on the part of the
contractor to deliver. The contracted items to any new location within the radius of 100 kms from
original contract delivery point, as per decision of the contract operating officer.
33. (a) By virtue of firm‟s position as a contractor, firm is not to divulge any military information that
may come to their knowledge regarding strength composition, location or sites etc., to any person.
(b) It is a criminal offence to disclose such information and failure to observe these orders will
involve the termination of this contract. This will also make firm liable for prosecution under the
relevant sections of criminal procedure code.
(b) The same condition will apply to any of firm‟s local representatives employed by firm from
time to time.
(d) Firm shall take all measures necessary to ensure the safe custody of contract deeds.
34. Supplier shall not plead ignorance of any of these as excuse in case of complaint against or
rejection of supplies/services supplied by me/us or with a view either asking for enhancement of any rates
in the contract or in evading of firm‟s obligation under the contract.
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35. Patents and other Industrial Property Rights. The prices stated in the present Contract shall be
deemed to include all amounts payable for the use of patents, copyrights, registered charges, trademarks
and payments for any other industrial property rights. The Contractor shall indemnify the Customer against
all claims from a third party at any time on account of the infringement of any, whether such claims arise in
respect of manufacture or use.
36. Suppliers in the rates tendered, have taken into consideration the effect of any new bill under
discussion in the legislature
37. Firm agree that children under 18 years of age will not be employed.
38. Firm agree to pay fair wages as per minimum wages act to the labourers employed me/us, in the
event of any dispute as to what constituted the wages, the decision of the Area Labour committee shall be
final. Firm shall ensure/ adhere to following:-
(a) The antecedents of all personnel employed by firm will be verified by the local Police station.
(b) Personnel without Police verification and not in possession of valid pass will not be permitted
inside the Defence establishment.
(c) Labourers are not permitted to carry mobile phone / Camera inside Defence Establishment.
39. Supplier or his agents shall initial the units copy of IAFZ-1520 daily or at the time of deliveries of
supplies. Supplier will simultaneously obtain on Supplier‟s copy of IAFZ-1520 the unit representatives
initials at the time of supplying.
40. Supplier agree to the military local purchase organization carrying out its activities and exploring
markets in any area in which Supplier may obtain products to meet demands under this contracts, either for
the purpose of obtaining statistical records or for the purpose of purchasing any commodity for building up
reserves or augmenting supplies in other districts as may be required from time to time or as may be
consistent with any other state or other Governments control which may be introduced during the currency
of this contract.
41. Supplier agree to appoint a reliable and intelligent representative as his agent who will attend unit
ration stands daily and who will be given necessary powers by Supplier to make prompt arrangements for
replacements of any supplies rejected at ration stands/Base Victualling Yard/other places at
Visakhapatnam. Such representatives shall be authorised by Supplier to sigh IAFS 1520 at all time of
delivery of supplies.
42. You are to initial any erasures or alterations that may have already been made in the forms before
the are sent to you and also any further erasures or alterations (if any) that you may have accidentally
made in the course of completing the forms.
43. If yours is a partnership firm each partner must sign the tender, the Schedule, and if it not embodied
in the Schedule, the “Specification and Conditions” (if any partner signs the tender or any documents
forming part of the contract on behalf of the firm the original partnership agreement or the power of attorney
duly executed in his favour authorizing him to bind the firm in all matters pertaining to the contract including
the submission of and dispute relating to business of the firm to arbitratation should be attached to the
tender or such other document. If you (or any of your partners be unable to write you (or he) must make
your (his) mark or affix your (his) seal instead and this mark or seal must be attested and dated by some
responsible person.
44. In cases where verified copies of partnership deeds and power of attorney are held by the executive
authorities, having been submitted at the time of their registration, the following certificates only may be
attached to the tender:-
I/We certify that the constitution of my/our firm is as under: -
(a) I am the Manager and hold a proper power of attorney (copy attached) from other partners in
my favour.
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For and on behalf of the President of India Signature of Tenderer(s)
(b) The following whose signature (s) is/are appended is/are the partners of my/our firm as given
in the original partnership agreement and that my/our documents have been signed by all partners
shown here under:-
Address Signature
First Partner
Second Partner
If you are not a firm the following certificate is to be attached to the tender:
“I certify that I am the sole proprietor and there are no other partners doing business conjointly with
me”
In the case of a limited company registered in accordance with the Articles of Associating the
following certificate may be attached to the tender:-
“I certify that I am the Managing Director and I hold the Power of attorney executed in accordance
with the Articles of Association of the company to sign all document on behalf of the Company”.
45. In case where a partner of a firm dies before acceptance of the tender, the surveying partner (or
partners and the legal representative of the deceased) must renew the tender. The signature of one
recognized agent on behalf of all these partners of a firm can only be accepted if he holds a proper power
of attorney signed by all these partners. This power of attorney must be submitted for inspection at the time
of tendering. It must in the case of a Registered Company and, in the case of a partnership be signed by all
the Association of this company and, in the case of a partnership be signed by all the partners of the firm
and must be properly stamped and registered with the district registration authorities. The stamp duty
payable can be ascertained from the office of the Collector of the District where it is executed.
46. The successful tenders will be notified for acceptance of tender in whole or in part. Till then no
tenderer has any right to assume that his tender has been accepted. In whole or in part and if any tenderer
disregards this warning and makes any arrangement or incurs any arrangement or incurs any expenditure
in anticipation of receipt of notice of acceptance, he will have no claim for compensation.
47. Until receipt of the PBG in full or in the event of the non-submission of the security deposit the
earnest money will be retained and considered as part of security and shall be subject to disposal by
Government in accordance with clauses of this tender and the balance amount if any will be deducted from
the payment of the bills of the contractor. Same action will be taken in the case of re-appropriation of
security form expired or nearly expired contracts if the re-appropriation action is not completed within the
stipulated period and the security is not deposited by the contractor.
48. Earnest money of successful tenderer will be returned as soon as the PBG as security deposit has
been furnished unless it will be needed as part of the security deposit that of unsuccessful tenderers
(unless forfeited) will be returned by registered post or by hand.
49. The tenderer shall hold the offer open up to and including 150 days. It is understood that the tender
documents have been sold/issued to the tenderer and the tender is being permitted to tender in
consideration of the stipulation on his part that after submitting his tender he will not resign from his offer or
modify the terms and conditions thereof should the tenderer fail to observe and comply with the foregoing
stipulation, the earnest money shall be forfeited to the government under this contract and the law. The
earnest money shall also be liable to be forfeited in full, if the tenderer fails to furnish security deposit by the
due date, no interest will be payable on the amount of the earnest money in any case.
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For and on behalf of the President of India Signature of Tenderer(s)
50. No cognizance will be taken of any communication relating to withdrawal revocation or amendment
to the tender already submitted except when it is in the form of a letter duly signed by the tenderer, if the
tenderer, is an individual, by the partners of the firm of tenderers or their duly accredited attorney, if the
tenderers are a partnership firm and by a person having express authority in the case of a limited company.
51. Should any individual or firm not on the registered list of the Officer opening these tenders wish and
be allowed to tender this notice, it must distinctly understood that acceptance of his or their tender is subject
to his or their being registered or in process of registration and its capacity is assessed by the contract
operating authority before tenders are opened. Such tenderers must be careful to give their addresses
clearly and full.
52. No priority certificates or letters to Railway/Transportation or to their authorities will be given to you
to facilitate the carrying out of the contract.
Witness:
Name
Address
Dated: The day and month of 2019.
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For and on behalf of the President of India Signature of Tenderer(s)
PART IV – SPECIAL CONDITIONS OF RFP
(a) On issue of the notice of acceptance, the tender will become a contract in so far as
notification shows the whole or part of the tender that has been accepted and the tenderer will
furnish the security deposit in the form of performance Bank Guarantee as per detail given below.
The bidder will be required to furnish a performance bank guarantee in favour of Base Victualling
Officer, Base Victualling Yard, Visakhapatnam by way of Bank Guarantee through a public sector
bank or a private sector bank authorized to conduct government business (ICICI Bank Ltd., Axis
Bank Ltd or HDFC Bank Ltd.) for a sum equal to 10% of the contract value within 30 days of receipt
of the confirmed order. Performance Bank Guarantee should be valid up to 180 days beyond
the date of contract period. The specimen of PBG is given in form DPM-15 (available on MOD
website and can be provided on request). Only on completion of contractual obligations clearance of
PBG will be done as per discretion of contract operating authority.
(b) If PBG is not received within 30 days of issue of the acceptance of the tender note, the EMD
will be forfeited and contract will be cancelled unilaterally unless reasons for delay in submission of
security deposit/PBG are furnished by the bidder and the same are accepted by the Competent
Authority based on the merit of the case. EMD (after deduction of transaction charges @ 0.5% plus
service tax as applicable) will be released on confirmation of receipt of Security Deposite/PBG from
CFA.
(c) In case of registered firms payments will be stopped till it is received by this office, also the
payments will be stopped for other items in contract with Indian Navy and their PBG/payments for
the contracts with Indian Navy will be utilized for risk and expense.
(d) The PBG will be accepted on the understanding that Buyer is not held responsible for any
loss that may result from failure of the Bank of firm due to any other clause.
(e) The PBG as per this contract can be adjusted by the buyer if there is any claim whatsoever it
has against the supplier relating to this contract or otherwise.
(f) The PBG is returned to the supplier on successful completion of all his obligations under the
contract. In case the execution of the contract is delayed beyond the contracted period and the
Buyer grants extension of delivery period, with or without LD, the supplier must get the PBG
revalidated, if not already valid.
(g) Buyer will not be paying any interest on the deposit or be held responsible for any loss that
may result from the failure of the bank or from any other cause.
(h) The Buyer has the right to forfeit the PBG in full in case of any breach of the contractual
obligation by the supplier.
2. Option clause:- The Contract will have an option Clause, wherein the Buyer can exercise an
option to procure an additional 50 % of the original contracted quantity in accordance with the same
contract & conditions of the present contract. This will be applicable within the currency of the contract. It
will be entirely the discretion of the buyer to exercise this option or not.
3. Parallel Contract: In case supplier does not have enough capacity to cater to the entire demand
or to have wider vendor base, parallel contracts with more than one firm will be concluded by CFA in
accordance with Para 8.6.1 of DPM 09.
4. Risk & Expense clause. (In case of delay in supply, non-supply of varieties, short supply or
of items) As per DPM, DFPDS and ASC manual. Also including below conditions:-
(a) Should the stores or any installment thereof not be delivered with the time or time specified
in the contract documents, or if defective delivery is made in respect of the stores or any installment
thereof, the Buyer shall after granting the Seller supply order period to cure the breach, be at
liberty, without prejudice to the right to recover liquidated damages as a remedy for breach of
contract, to declare the contract as cancelled either wholly or to the extent of such default.
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(b) Should the stores or any installment thereof not perform/supplied in accordance wih the
specifications/parameters provided by the Seller, the buyer shall be at liberty, without prejudice to
any other remedies for breach of contract, to cancel the contract wholly or to the extent of such
default and carry out risk and expense.
(c) In case of a material breach that was not remedied within supply order period, the BUYER
shall be at liberty to purchase, manufacture, or procure from any other source as he thinks fit other
stores of the same or similar description to make good:-
(ii) In the event of the contract being wholly determined the balance of the stores remaining
to be delivered there under.
(d) Any excess of the purchase price, cost of manufacturer, or value of any stores procured from
any other supplier as the case may be, over the contract price appropriate to such default or
balance shall be recoverable from the SELLER.
5. Fall Clause:- The following Fall Clauses will form part of the contract placed on successful bidder
(as per DPM and ASC manual):-
(a) The price charged for the stores supplied under the contract by the Seller in no event
exceeds the lowest price at which the Seller sells the stores or offer to sell stores or identical
description to any persons/ Organization including the purchaser or any department of the Central
Govt. or any department of State Govt. or any Statutory undertaking the central or state Govt. as
the case may be during the period till performance of all supply orders placed during the currency of
the rate contract is completed.
(b) If at any time, during the said period the Seller reduces the sale price, sells or offer to sell
such stores to any person/organization including the Buyer or any Dept of Central Govt. or any
department of the State Govt. or any Statutory undertaking of the Central or State Govt. as the case
May be at a price lower than the price chargeable under the contract, they shall forthwith notify such
reduction or sale or offer of sale to the Director General of Supplies and Disposal and the price
payable under the contract for the stores of such reduction of sale or offer of the sale shall stand
correspondingly reduced.
7. The quantities stated on schedule as “Approximate requirement” are only given as a rough,
guide. Plus/minus upto 25% variation over „Approximate requirement‟ will be accepted and no claim for
compensation will be made or entertained for the same. All indents must be complied with at the contract
rate whether the quantities demanded therein be within or in excess of the „Approximate requirements‟.
(a) BOPP packing material (antislip woven) is to be used for 25 Kgs Bags.
(b) BOPP packing (antislip woven sacks) with PE layer is to be used for 05 Kgs bags.
(c) Item should be hygienic, clean, infestation free and dry and in quantities as per contract
operating/demanding officer‟s part supply order. Agmark Grade is to be followed for the item along
with technical specifications for other points. Packing quantities as specified in commercial bid
matrix are to be packed in a food grade, airtight and waterproof material strong enough to hold the
weight and do not effect the quality of victuals over period.
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For and on behalf of the President of India Signature of Tenderer(s)
9. FRANKING CLAUSE.
a. In the case of Acceptance of Goods. “The fact that the goods have been inspected
after the delivery period and passed by the Inspecting Officer will not have the effect of keeping the
contract alive. The goods are being passed without prejudice to the rights of the Buyer under the
terms and conditions of the contract”.
b. In the case of Rejection of Goods. “The fact that the goods have been inspected
after the delivery period and rejected by the Inspecting Officer will not bind the Buyer in any manner.
The goods are being rejected without prejudice to the rights of the Buyer under the terms and
conditions of the contract.”
10. Payment (on part-supply, part-payment basis): - 100 % payment of bills will be made
through “The Area Account Office (Navy), NAD post, Visakhapatnam against each supply order raised
throughout the year. The contract operating authority does not have any control over payments through
Area Accounts Office(V). No advance payments will be made, delivery of the item will be on credit basis.
This office does not have any control over payment by Area Accounts Office. Format of NEFT details to be
filled up by the vendor is attached at Appendix - A of Part-V which will be forwarded to CDA in case of any
requirement regarding payment. BVY (V) will not hold any responsibility for wrong NEFT details submitted
by the vendor.
11. PAYING AUTHORITY. Indigenous Sellers: (Name and address, contact details). Following
documents are to be submitted to Paying Authority for payment along with the bill which are to be
forwarded to Area accounts office (BVY will not be responsible for delay/cancellation of payment by due to
non-submission of these documents by the supplier) :
12. It is clearly understood that the Specifications referred to in the tender shall be interpreted as the
minimum standard of size and quality of supply which shall be accepted and the goods supplied shall be
the best according to the seasons.
13. (a) The Government reserves the right to issue the produce of any Government of Government
aided/sponsored scheme either within or without the area covered the contract in lieu of any articles
being supplied by supplier under the contract and supplier shall have no claim against the
Government as damages or compensation on account of the suspension or supplies in full or in part
caused by such issues.
(b) The officer operating the contract will be at liberty to issue authorized substitutes in lieu of
the articles contracted for, from Government stocks which may be due for turnover or essential to be
consumed within specified period to avoid loss to the State or any other reasons and that supplier
will not claim compensation for any underdrawals from supplier that account.
(c) Supplier shall ensure sufficient and continuous supply of commodities throughout the period
contract with due regard to para (a) & (b) above.
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14. In case of dispute between me/us and the officer operating the contract regarding quality/quantities
of supplies tendered I/We agree to abide by the decision of the CFA or such officer as may be detailed by
CFA to investigate the case and his decision shall be final and binding.
15. Delivery will be made in transport arranged for and paid by supplier. Supplier will also provide and
pay for labour unloading the carts at places of delivery and for weighing over supplies to Units there.
16. The Commodities will be supplied in supplier‟s own packing materials which supplier will arrange to
the cover at supply Depot or Units concerned under supplier‟s own arrangement.
17. All persons employed by me/us in the handling, storage carriage and delivery of food or drink article
to be supplied under the contract would be healthy and also clean in person and clothing. They will be
subject to Medical inspection as and when desired by the Medical authorities concerned and if any of them
found to be not suitable medically will be discharged and replaced by suitable men at once. I/We agree that
if so desired by Medical authorities such employees will undergo vaccination or inoculation or cease to be
employed by me/us.
18. In the event of any agent employed by supplier for the delivery of supplies such agent must be
approved by the Supply Officer concerned. Agent(s) considered undesirable by the officer operating the
contract will be replaced by me/us by suitable desirable person(s).
19. Any restriction, whatsoever imposed by the local or provincial Government on the export/ import of
the articles contracted for will not absolve supplier from the obligation of this contract and will not be
accepted as an excuse for non delivery of the same.
20. The supplies required under this contract include those for Indian Troops. Air Force, Army and
Navy, National of any other countries for whom Government of India accepts responsibility, and who
happen to be in and come in to the Area covered by the contract.
21. Under this I/We cannot refuse to provide for issue of the articles contracted for as substitute for any
other item or items of the ration, scale of troops, of the articles contracted for Army, Air force and Navy
Personnel. The items thus supplied will be paid for as per rates quoted in the schedule, I/We will not have
any claim for special rates in respect of articles thus provided
22. Supplier should fully understand that this contract is in the nature of standing offer and a
legal contract comes into being only when a supply order is placed by the CFA/Direct Demanding
Officer. Being just a standing offer, the contract operating officer may short close or terminate the
contract at any time during its currency ir-respective of the actual off take against the contract and
no claim for compensation on account of any underdrawal will be entertained.
23. Supplier has taken into consideration the effect of any new bill/bills under discussion in the
legislature in the rates tendered.
24. A Repeat order against a previous order may be placed at the same cost and terms and conditions
as per the original order/contract with the approval by the CFA and concurrence of integrated finance in
accordance with provisions laid down in defence procurement manual 09.
25. WARNING. No tender will be accepted unless correctly signed and witnessed. This applies to all
conditions and special conditions for substitutes and all other relevant contractual documents. If the
contractor does not himself sign, then the person on his behalf must be certified as having a register “Power
of attorney” to sign for the tenderer/contractor.
(a) Seller agree to take all reasonable steps necessary to ensure that all persons employed by
him in any work in connection with the contract, have full knowledge of the Official Secret Act and
Regulation framed there under.
(b) Communication of any information known during the implementation of the contract by
seller/his servants or agents to any persons not concerned with such information shall be treated as
non-compliance with the provisions of official Secret Act and / or Rules made there under and
render him liable to such punishments is/are proscribed there under.
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For and on behalf of the President of India Signature of Tenderer(s)
(c) Seller is hereby being made aware that non-compliance with the above instruction shall
constitute breach of the contract and shall in addition to the criminal liability referred to in ser (b)
above, also entitling the officer sanctioning the contract to cancel the contract and to purchase the
articles or its substitutes at seller‟s risk and cost in accordance with terms and conditions of this
tender document. In the event of such cancellation of the articles contracted for or its authorized
substitutes shall be procured by the officer sanctioning the contract or his rep representative at such
price and within such times as considered fair and reasonable and the decision of the officer in this
respect shall be final and binding on seller.
Signature:
(Rank and Designation of Officer calling for Tenders)
II
All the above conditions are accepted by me/us.
Name Name
Address: Address
Station
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For and on behalf of the President of India Signature of Tenderer(s)
PART – V
EVALUATION/ELIGIBILITY CRITERIA FOR PARTICIPATION FOR TENDER
(TO BE FILLED BY THE TENDERERS ALONGWITH THEIR SIGNTURES AND STAMP)
TENDER FOR SUPPLY OF “RICE RAW (SONA MASURI & SHARBATI - SORTEX CLEAN) IN 05 & 25
KGS PACKING” WITH FSSAI, AGMARK, BSI, AT BASE VICTUALLING YARD, VISAKHAPATNAM FOR
A PERIOD OF ONE YEAR
1. Firm Details:-
2. All the above details are certified by supplier/vendor for making any official correspondence and if
not provided the tender is liable to be rejected.
3. Two samples each of 05 Kgs Rice Raw (Sona Masuri & Sharbati - Sortex Clean) with 25 kgs of
packing are to be submitted at this office on any working day between 0900 hrs to 1700 hrs, prior to
date of opening of technical bids. Samples given by firm‟s rep without authorization letter will not
be accepted. Samples received on of after tender opening date will not be accepted and firm‟s bids
will be rejected. Responsibilities for ensuring timely submission of samples rests with the vendor
and BVY(V) will not accept any representation.
Financial Years
2015-16 2016-17 2017-18
Rs. Rs. Rs.
(c) Yearly turnover not lesser than amount as below for para 4 of part-V :-
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For and on behalf of the President of India Signature of Tenderer(s)
(d) Past contracts for similar items with Defence / Public (or) Private Sectors (attach
details)
(e) Lab test report to be mandatorily submitted by all firms as part of technical bid (as per
Technical specification placed at Appendix-E).
(f) EMD in the form of Account payee/ DD/FDR in the name of Base Victualling
Officer, Vizag in the form of FDR or Demand Draft is to be submitted. Incase firm is
claiming exemption or any grounds like NSIC/Registration with Defence Organisation then
the same must specifically for supply of rice/food grains and then the copy of relevant
documents/certificate clearly stating grounds for exemption is to be submitted alongwith
Technical Bid.
(g) FSSAI certificate of the firm and registration certificate for commercial business to be
submitted.
6. Earnest Money: The details of Earnest Money Deposit(s) in the form of Fixed Deposit Receipt /
Demand Draft in favour of “Base Victualling Officer, Visakhapatnam‟ are furnished hereunder-
S.No. Name of the Bank & Address FDR No. & Date Face Value Rs.
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For and on behalf of the President of India Signature of Tenderer(s)
Appendix A to part V
My details are as follows for your to enable payment through NEFT Mode
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For and on behalf of the President of India Signature of Tenderer(s)
Appendix B to part V
MATRIX I - FOR FIRMS- CREDENTIAL FOR SUPPLY OF „RICE RAW (SONA MASURI & SHARBATI -
SORTEX CLEAN) IN 05 & 25 KGS PACKING ‟ 2019-20 (documents to be provided by the firm)
METHODOLOGY TO
TO BE FILLED BY FIRM, SIGNED
BE CHECKED BY
AND DOCUMENTS IN PDF FORMAT
SNO QUALITY CHECK TECHNICAL
TO BE ATTACHED FOR THE SAME
EVALUATION
(YES/NO)
COMMITTEEBOARD
1 Name & Address of the
Authorised packer/ vendor on its
Physical verification of
letter pad with fax no., contact
document
no., e-mail id that can be used
for official correspondence.
2 GST Reg No/HSN/SAC code,
Physical verification of
PAN NO. for firm or proprietor
document
Certificate
3 Income Tax Details Physical verification of
document
4
Licence/FSSAI Certificate/regn.
Physical verification of
for commercial business of the
document
firm/ Regn status at HQENC
*5
Physical verification of
document as
Past Experience supply/sanction
letter/experience
certificate
6 Physical verification of
Earnest Money Deposit
document
7 Physical verification of
Source of procurement
document
*8 Yearly Turnover not less than as Physical verification of
per para 5(c) of part V document
9 Lab test report from Gov
accredited food testing Physical verification of
laboratory in respect of sample document
submitted
10 Trade mark registration Physical verification of
certificate document
11 Grading Qualified/Disqualified
*Note:- Sl 5 and Sl 8 of above matrix may be relaxed for all start-ups, subject to meeting up of
quality and technical specifications.
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For and on behalf of the President of India Signature of Tenderer(s)
Appendix C to part V
EVALUATION MATRIX II - FOR SAMPLE VERIFICATION FOR SUPPLY OF „RICE RAW (SONA
MASURI & SHARBATI - SORTEX CLEAN) IN 05 & 25 KGS PACKING‟ 2019-20 (strike out whichever not
applicable)
SAMPLES OF FIRMS
7 Smell Smelling
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For and on behalf of the President of India Signature of Tenderer(s)
Appendix D to part V
PART - V
COMMERCIAL BID – RICE RAW (SONA MASURI & SHARBATI - SORTEX CLEAN) IN 05 & 25
KGS PACKING
1. Evaluation Criteria. The board guidelines for evaluation of Bids will be as follows:-
(a) Only those bids will be evaluated which are found to be fulfilling all the eligibility and
qualifying requirement of the RFP.
(b) The Lowest Bid will be decided upon the lowest price quoted by the particular Bidder as per
the Price Format given at Para 2 below. The L-1 bidder will be determined by excluding levies,
taxes and duties levied by Central/State/Local Government on final product, as quoted by bidders.
In case of foreign Bidders, the basic cost (CIF) quoted by them would be the basis for the purpose
of comparison of various tenders. Price Preference up to 15% over the quotation of large-scale
units is provided for Micro, Small and Medium Enterprises (MSMEs) registered with NSIC for
358 items as listed in Form DPM-1. For this, bidders have to declare their Udyog Aadhar
Memorandum (UAM) number on CPPP failing which such bidders will not be able to enjoy the
benefits as per Public Procurement Policy for MSMEs order, 2012 for tenders invited electronically
through CPPP.
(c) Purchase preference shall be given to local suppliers in all procurements undertaken by
procuring entities in the manner specified hereunder:
(i) In procurement of goods in respect of which the Nodal Ministry has communicated
that there is sufficient local capacity and local competition, and where the estimated value of
procurement is Rs. 50 lakhs or less only local suppliers shall be eligible. If the estimated
value of procurement of such goods is more than Rs. 50 lakhs, the provisions of sub-
paragraph (b) or (c) as the case may be, shall apply.
(ii) In the procurement of goods which are not covered by paragraph c (i) and which are
divisible in nature, the following procedure shall be followed:
(aa) Among all qualified bids, the lowest bid will be termed as L1, if L1 is form a
local supplier, the contract for full quantity will be awarded to L1.
(ab) If L1 bid is not from a local supplier, 50% of the order quantity shall be
awarded to L1. Thereafter, the lowest bidder among the local suppliers will be invited
to match the L1 price for the remaining 50% quantity subject to the local suppliers
quoted price failing within the margin of purchase preference, and contract for that
quantity shall be awarded to such local supplier subject to matching the L1 price. In
case such lowest eligible local supplier fails to match the L1 price or accepts less that
the offered quantity, the next higher local supplier within the margin purchase
preference shall be invited to match the L1 price for remaining quantity and so on and
contract shall be awarded accordingly. In case some quantity is still left uncovered on
local suppliers, then such balance quantity may also be covered on the L1 bidder.
(iii) In procurement of goods not covered by sub-paragraph c (i) and which are not
divisible and in procurement of service where the bids is evaluated on price alone, the
following procedure shall be followed:
(aa) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a
local supplier the contract will be awarded to L1.
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For and on behalf of the President of India Signature of Tenderer(s)
(ab) If L1 is not from a local supplier, the lowest bidder among the local suppliers
will be invited to match the L1 price subject to local suppliers quoted price failing with
the margin of purchase preference and the contract shall be awarded to such local
suppliers subject to matching the L1 price.
(ac) In case such lowest eligible local supplier fails to match the L1 price the local
suppliers with the next higher bid within the margin of purchase preference shall be
invited to match the L1 price and so on and contract shall be awarded accordingly. In
case none of the local suppliers with the margin of purchase preference matches the
L1 price, then the contract may be awarded to the L1 bidder.
Note 2:„Local supplier‟ means a supplier or service provider whose product or service offered for
procurement meets the minimum local content (50% as per exiting order).
Note 3:„Local content‟ means the amount of value added in India which shall be the total value of
item procured (excluding net domestic indirect taxed) minus the value of imported content in the
item (including all custom duties) as a proportion of the total value, in percent.
Note 4:The local supplier at the time of tender, bidding or solicitation shall be required to provide
self-certification that the item offered meets the minimum local content and shall give the details of
the location (s) at which the local value addition is made. In case of procurement for a value in
excess of Rs. 10 crores, the local supplier shall be required to provide a certificate from the statutory
auditor or cost auditor of the company or from a practicing chartered accountant giving the
percentage of local content.
Note 5:Para c (i) is not applicable for the tender as Nodal Ministry is yet to communicate the details
of local capacity and local competition.
(d) The taxes applicable are to be indicated separately. Bids submitted without mentioning
taxes separately would be summarily rejected. If NIL taxes are mentioned the relevant
notification / exemption certificate should be indicated.
(e) Seller has to submit a Copy of registration certificate under GST along with the bids.
In case the firm is not registered under GST, the same has to be communicated by the seller
o their letterhead.
(f) It there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price will prevail ad the total price will be corrected. If
there is a discrepancy between words and figures, the amount in words will prevail for calculation of
price.
(g) Levies, taxes and duties levied by Central/State/Local Government on final product will be
paid by the Buyer on actual, based on relevant documentary evidence. Taxes and duties on input
items will not be paid by Buyer and they may not be indicated separately in the bids. Bidders are
required to include the same in the pricing of their product.
(h) The lowest acceptable bid will be considered further for placement of contract/supply order
after complete clarification and price negotiations as decided by the Buyer. The Buyer will have the
right to award contracts to different Bidders for being lowest in particular items. The buyer also
reserves the right to do Apportionment of Quantity, if it is convinced that Lowest Bidder is not in a
position to supply full quantity in stipulated time.
2. Price Bid format (to be used for L-1 determination): The Price Bid Format in general is given
below and Bidders are required to fill this up correctly with full details, as required under Part-II of RFP (The
format indicated below is only as an illustration).
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For and on behalf of the President of India Signature of Tenderer(s)
HSN / Rate GST GST Total
Ser Item SAC Deno Qty Per (%) (Amou Amount
Code Kg. nt) (Rs.)
Rice Raw (Sona Masuri - Sortex
(a) clean) Kgs 71,500
(Unit Packing 05 Kgs)
Rice Raw (Sona Masuri - Sortex
(b) clean) Kgs 7,32,500
(Unit Packing 25 Kgs)
Rice Raw (Sharbati - Sortex
(c) clean) Kgs 60,300
(Unit Packing 05 Kgs)
Rice Raw (Sharbati - Sortex
(d) clean) Kgs 1,40,700
(Unit Packing 25 Kgs)
3. Additional information in Price Bid on Taxes and Duties (not in scope of L-1 determination) -
(attach copy of extant Govt notification iaw which the bidder is quoting)
Note: Taxes and duties levied by Central/State/Local governments such as Custom duties, etc on final
product will be paid by the buyer on actual, based on relevant documentary evidence. Taxes and duties on
input item will not be paid by Buyer.
I / We agree that substitutes for contracted articles as here to above provided for may be purchased,
procured or supplied from existing Govt. Stock at my/our risk and expense in accordance with the
provisions of clause (7(ii) of IAFZ-2120 attached hereto.
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For and on behalf of the President of India Signature of Tenderer(s)
SECRETARIAT OF THE TECHNICAL STANDARDISATION COMMITTEE (FOOD STUFFS)
(DIRECTORATE GENERAL OF SUPPLIES AND TRANSPORT)
DEFENCE FOOD SPECIFICATIONS-2017
1. The rice raw shall consist of non basmati varieties to include Sharbati, IR-64, Parmal and
equivalent varieties, available as per the crop pattern in the local market. The rice shall be well hulled,
lightly milled and under polished, clean, uniform in size and colour, sound, sweet and wholesome. The
rice shall be free from moulds or other infections, live infestation, colouring agents, obnoxious smell,
poisonous substances, Argemone mexicana and kesari in any form and all other impurities except to
the extent Indicated para 6 (b) below.
2. The rice shall be of good quality and the cooked grains shall retain their individuality as opposed
to pasty or lumpy characteristics. The cooked rice shall have pleasant taste and flavour, and be free
from any objectionable odour. It shall be in sound, merchantable condition and shall also conform to
FSSAI Rules.
Notes
1. The specified dimensions provide for optimum free space of minimum 20 percent of length
when measured along the surface of the fabric from mouthstitch line of the sacks up to the surface
level of contents.
2. The mass of sack is based on fabrics weighing 106 g/m2 and 96 g/m2 for Type 1 and Type 2
sacks respectively.
1) Width after ravelling = 50 mm, Gauge length = 200 mm.
2) 1N = 0.102 kgf (approx).
The rice shall be packed in light weight 50 Kg Jute Bag as per Bureau of Indian Standards
specification No IS : 16186-2014 for Testing and Quality check. The bags will conform to the following
dimensions:-
5. In accordance with special warranty clause as per appendix 'B' to this specification, the
warranty period shall be six months.
Inspection
6. An inspection shall be carried out by the Director General of Supplies and Transport, or an
officer acting on his behalf, on all supplies tendered for acceptance. The decision of this officer shall be
final.
Method of Analysis
8. The methods of analysis are to be followed as given in BIS Specification No IS: 4333 [Part I of
1996(reaffirmed 2005) for refractions and Part II-2002 for Moisture Content]. The definitions of the
various items of refractions are given in Appendix 'A'to this DFS.
9. All mandatory requirements of FSSAI/BIS, as amended from time to time, pertaining to the
above Specification including marking of BIS certification mark for container / contents. Best Before
, coloured symbol for declaring vegetarian and non-vegetarian food etc on packs
shall be complied with.
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For and on behalf of the President of India Signature of Tenderer(s)
APPENDIX 'A' TO TEMPORARY SPECIFICATION
NO 168 (TEMP) FOR RICE RAW – 2017
1. The definition of the refractions and method of analysis are to be followed as given in BIS
Specification No IS: 4333 [Part I of 1996(reaffirmed 2005) for refractions and Part II -2002 for Moisture
Content] and IS: 2813 – 1995 (reaffirmed 2005).
2. The method of sampling is to be followed as given in BIS Specification No IS: 14818 – 2000 for
“Method of sampling of Cereals and Pulses”.
3. Brokens less than 1/8th of the size of the full kernels will be treated as Organic Foreign Matter.
The brokens of the size of 1/8th to 1/4th shall not exceed 1%.
4. Dehusked grains are rice kernels whole or broken which have more the ¼ of the surface area of
kernel covered with the bran and determined as follows:-
Analysis Procedure. Take 05 gram of rice (sound head rice and broken) in a Petri dish (80 x
70 mm). Dip the grains in about 20 ml of Methylene blue solution (0.05% by weight in distilled
water) and allow to stand for about one minute. Decant the Methylene Blue solution. Give a
swirl wash with about 20 ml of dilute hydrochloric acid (5% solution by volume in distilled water).
Give a swirl wash with water and pour about 20 ml of Metanil Yellow solution (0.05% by weight
in distilled water) on the blue stained grains and allow to stand for about one minute. Decant the
effluent and wash with fresh water twice. Keep the stained grains under fresh water and count
the dehusked grains, count the total number of grains in 5 gram of sample under analysis.
Three brokens are counted as one whole grain.
CALCULATION
1. The contractor warrants the supplies delivered to be sound, wholesome, and meet the quality
parameters as per DFS of Rice, for a period of SIX MONTHS from the last day of the month of delivery
in any climate and under all conditions of storage and movement in India.
2. In the event of the supplies or a part of having been declared during the period of warranty as
being unsound, unwholesome or not meeting quality parameters as per DFS, by the Director General
of Supplies and Transport, QMG's Branch Army Headquarters, New Delhi or any officer acting on his
behalf (whose opinion as to whether or not it meets the quality parameters as per DFS the particular
consignment is sound, wholesome, or will be final), the purchaser will have the right to dispose of the
condemned stock in any way he considers necessary after giving due notice to the contractor and also,
at his discretion, either to allow the contractor to replace the condemned stock within a specified period
or to recover from the contractor the contract price thereof together with all incidental and freight
charges incurred from the place of delivery to the place where the supplies were ultimately
condemned. The opinion of the Chief Director of Purchase or an officer acting on his behalf in regard to
these charges will be final.
3. The declaration by the Chief Director of Purchase or any officer acting on his behalf
communicated to the contractor in writing that a particular consignment has been condemned will be
taken by the Contractor as the conclusive evidence of the proper condemnation of that consignment
provided that such communication is issued by the Chief Director of Purchase within 45 days of the
Expiry of the Warranty Period. Nothing herein contained shall prejudice any other right of the purchaser
in that behalf under this contract or otherwise.
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For and on behalf of the President of India Signature of Tenderer(s)