1

Mid Day Meal Scheme

TENDER DOCUMENT

FOR

Transportation of rice/wheat to school and

for Supply of other food grains, oil, pulses

and condiments in schools under Mid Day

Meal Scheme in various regions of

Maharashtra State

This is a Dummy Tender for Training on e-

Tendering System it has no Relation to

Actual Work There Off

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Name : ___________________________

Address & Contact : ___________________________

__________________________

___________________________

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Mid Day Meal Scheme

NOTICE INVITING TENDERS

E - Tenders for transportation of rice/wheat from go downs of

FCI to schools (Rural & Urban both) and supply of other food grains,

oil, pulses and condiments in the schools of rural area under Mid Day

Meal Scheme, are invited by Pune , from eligible suppliers /

contractors.

1 Name of Work: Transportation of rice/wheat from go downs of

to schools (Rural & Urban both) and supply of other food grains,

oil, pulses and condiments etc in the schools of rural area under

Mid Day Meal Scheme in various regions of Maharashtra State.

2 Place of Supply: Total 70,000 schools in 8 Educational regions

running in various districts blocks of Maharashtra.

3 Estimated Cost: Rs. 100 Crores distributed in 8 Educational

regions. (Contractors are expected to transport near about 4,00,000

MTs rice /wheat from go down to schools (of both urban & rural

area) and also expected to Supply of other food grain such as pulses,

oil, chilly, Turmeric, masala, salt etc. in schools of rural areas all

over the Maharashtra). Estimated cost for each region is near about

30 crores.

4 Time Limit For Supply: 30 working Days from each supply order.

The contractor is expected to supply above items for one year on

month wise basis for which supply order will be issued from time to

time. The first supply will be for two months and later on month-wise

supply has to be made by the Supplier/Contractor.

5 Bid Security: Rs. 10 Lac for one region and according to

multiplicity of Rs. 50 Lac as per the number of regions the bidder is

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submitting his bid. Bid security should be in form of Demand Draft

of any nationalized / scheduled bank in favor of “Accounts Officer,

Directorate of Primary Education Maharashtra State, Pune”

payable at Pune. The bidder shall submit the DD of bid security to

DPEMS on or before the time of opening of technical bid, failing

this will cause a rejection of bid as non responsive.

6 Validity of Bid: 150 days from the last date of submission.

7 Validity of the contract and Rate: One year. The contractor is

expected to supply above items for one year on month wise basis for

which supply order will be issued from time to time. The first supply

will be for two months and later on month-wise supply has to be

made by the Supplier/Contractor.

8 Issue of Blank Tender Forms: The prospective bidders will be

authorized to download the Tender forms from the website

demo.maharashtra.etenders.in only after the bidders has deposited

the Demand Draft towards Cost of Blank Tender forms.

Note- Those bidders who have earlier submitted demand draft as

cost of tender form, shall not required to submit it again. New

bidders have to pay cost of tender form.

9 Bid Preparation – according to the schedule

10 9 (A) Training to bidders – It shall also take training of the interested

bidders regarding bid preparation and submission of e-tenders with the

help of nex-tenders (e-tendering implementation company) on according to

the schedule

Pune-4. The said Training will be free to bidder.

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11 Cost of Blank Tender Form: Rs. 35,000/- (Non Refundable) in the

form of Demand Draft in favour of „Accounts Officer, Directorate of

Primary Education, Maharashtra State, Pune‟ payable at Pune.

12 Submission of Samples: according to the schedule at Office of The

Director of Primary Education Maharashtra State, Pune. The

prospective bidder is required to submit their samples of all the food

items as mentioned in Annexure A to the Pune along with demand

draft of Rs.5000/- (Non Refundable) in favour of „Accounts Officer,

Directorate of Primary Education Maharashtra State Pune‟ payable

at Pune towards expenses for testing of samples in the Government

laboratories or laboratories authorized by govt.

In case of failure to submit samples and demand draft as

mentioned above, the bid uploaded by bidder will be treated as non-

responsive and will not be opened. If the samples submitted by

bidder fails / does not confirm to the specification of the department

in Laboratory testing, the bid submitted by bidder will be rejected as

non responsive. Even if a single sample does not confirm to the

specifications of the department the bid submitted by the bidder will

be rejected as non responsive.

13 Tender Closing : according to the schedule

14 Submission of completed Bid: according to the schedule The

Prospective Bidders shall finally upload the completed tenders on the

website as mentioned above before stipulated time.

15 Opening of Technical Bid: according to the schedule at the office of

the Director, Maharashtra State, Pune.

16 Opening of Commercial Bid: according to the schedule at the office

of the Pune.

17 Qualification Criteria: Qualification of the prospective bidders shall

be to ensure that the price bid for the work are open only for those

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bidders who shall fulfill the qualification criteria mentioned below and

also other details in the bid documents.

(i) The bidder should have financial capacity to carry out the work and

therefore to bid for one region , the bidder should have achieved a minimum

financial turnover of Rs. 50 Crore per annum continuously for last three

years

However gross turnover in multiple of three times of above annual

turnover within last three years will also be considered.

(ii) The bidder should have at least some experience of such type of work in

rural area and therefore the bidder should have achieved a minimum

financial turnover of 20 % of above annual turnover with the Government

departments from supply and transportation of foodgrains within last

three years. That mean the bidder to quote for one region , he should have

achieved 10 Crore turnover with the Government departments from supply

and transportation of foodgrains within last three years.

(iii) The bidder should have at least one registered office working for last

three years , in the educational region in which region bidder is

submitting his bid. There are 8 educational regions namely Mumbai,

Pune, Kolhapur, Aurangabad, Nasik, Amravati, Nagpur and Latur.

The districts covered in each Educational Region are as mentioned below.

Mumbai – Mumbai city, Mumbai sub urban, Thane, Raigad

Pune – Pune, Ahmednagar, Solapur

Kolhapur – Kolhapur, Ratnagiri, Sangli, Satara, Sindhudurg

Aurangabad – Aurangabad, Parbhani, Jalana, Beed , Hingoli

Nashik – Nashik, Dhule, Jalgaon, Nandurbar

Amravati – Amravati, Yeotmal, Akola, Washim, Buldhana

Nagpur – Nagpur, Chandrapur, Vardha, Bhandara, Gondiya, Gadchiroli

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Latur - Latur, Usmanabad, Nanded.

(iv) The bidder should have license/certificate issued under Essential

Commodity Act for required items.

(v) The bidder should have license / certificate issued by the

department of food and drug administration for supply of such

eatable items.

(vi) PROOF OF ABILITY -

The Bidder shall be competent and capable of performing

such type of work mentioned in the tender. Therefore the Bidder

may be required to furnish performance on similar work.

Note:

i ) Earnest Money Deposit (E.M.D.) exemption certificate shall not be

considered to anyone and every bidder shall have to submit EMD

along with the offer.

i i ) DPEMS reserves right to reject any or all tenders without

assigning any reason thereof.

Note: Any Queries regarding e-tendering please contact Helpdesk No.:

020-41466666.

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DETAILED TENDER NOTICE

A Mid Day Meal Scheme is running in the Maharashtra State in

which children from 1st to 8th standard are provided Mid Day Meal in

the schools. The rice / wheat is provided by the Government of India

from godowns of food corporation of India (FCI) situated in various

places in the state. The said rice / wheat has to be transported from

FCI godowns to the schools in rural as well as Urban areas in the

state. The schools situated in the rural area are also supplied with

other food grains items such as pulses, oil, salt, Chilie, turmeric etc.

Under the Mid Day Meal Scheme 116 Lacs students are given benefit

in the state.

The School Education & Sports Department, the Govt. of

Maharashtra has entrusted for transportation of rice from go to

schools (Rural & Urban both) and supply of other food grains, oil,

pulses and condiments, in the schools of rural area under Mid Day

Meal Scheme. Now this office intends to appoint region wise

contractor/ contractors, for transportation of Rice / Wheat from

godown to schools and also supply of other foodgrains items in the

schools of rural area of having cost approximately 400 Crores. Total

90000 schools are divided into 8 educational regions in the state. The

bidder has option to bid for one region or two region or three region or

all 8 regions, subject to condition that bidder has registered office

working in that region in which bidder is submitting his bid. The rice

/ wheat has to be transported from FCI godown to schools of rural

and urban area both and the other food grains items such as pulses,

oil, salt, Chile, turmeric etc. has to be supplied in the schools of rural

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area only. The purchase order will be issued by the Block level

authority / District level authority with school wise distribution chart

to Supplier one month wise basis and supplier has to supply the said

material to the schools within 20 working days from purchase /

supply order. It has to be ensured by the supplier that there should be

continuous supply in the schools throughout contract period and

there should not be any stoppage of supply in any place / school

throughout contract period.

Sealed tenders on per unit rate basis are invited for

transportation of rice from godowns of FCI to schools (Rural &

Urban both) and supply of other food grains, oil, pulses and

condiments in the schools of rural area under Mid Day Meal

Scheme are invited by the Director, Primary Education,

Maharashtra State, Pune (DPEMS), for following work.

1. Name of Work: Transportation of rice/wheat from go downs of to

schools (Rural & Urban both) and supply of other food grains, oil, pulses and

condiments etc in the schools of rural area under Mid Day Meal Scheme in

various regions of Maharashtra State.

2. Place of Supply: Total 90,000 schools in 8 Educational regions running in

various districts blocks of Maharashtra.

3. Estimated Cost: Rs. 100 Crores distributed in 8 Educational

regions. (Contractors are expected to transport near about 3,00,000

MTs rice /wheat from FCI go down to schools (of both urban & rural

area) and also expected to Supply of other food grain such as pulses,

oil, chilly, Turmeric, masala, salt etc. in schools of rural areas all over

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the Maharashtra). Estimated cost for each region is near about 50

crores.

4 Time Limit For Supply: 20 working Days from each supply

order. The contractor is expected to supply above items for one year

on month wise basis for which supply order will be issued from time

to time. The first supply will be for two months and later on month-

wise supply has to be made by the Supplier/Contractor.

5 Bid Security: Rs. 50 Lac for one region and according to

multiplicity of Rs. 50 Lac as per the number of regions the bidder is

submitting his bid. Bid security should be in form of Demand Draft

of any nationalized / scheduled bank in favor of “Accounts Officer,

Directorate of Primary Education Maharashtra State, Pune”

payable at Pune. The bidder shall submit the DD of bid security to

DPEMS on or before the time of opening of technical bid, failing

this will cause a rejection of bid as non responsive.

6 Validity of Bid: 120 days from the last date of submission.

7 Validity of the contract and Rate: One year. The contractor is

expected to supply above items for one year on month wise basis for

which supply order will be issued from time to time. The first supply

will be for two months and later on month-wise supply has to be

made by the Supplier/Contractor.

8 Issue of Blank Tender Forms: according to the schedule The

prospective bidders will be authorized to download the Tender forms

from the website maharashtra.etenders.in only after the bidders has

deposited the Demand Draft towards Cost of Blank Tender forms to

DPEMS as mentioned below.

Note- Those bidders who have earlier submitted demand draft as

cost of tender form, shall not required to submit it again. New

bidders have to pay cost of tender form.

18 9. Bid Preparation – according to the schedule

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9(A) Training to bidders – It shall also take training of the interested bidders

regarding bid preparation and submission of e-tenders with the help of nex-

tenders (e-tendering implementation company. The said Training will be free to

bidder.

10. Cost of Blank Tender Form: Rs. 30,000/- (Non Refundable) in the

form of Demand Draft in favour of „Accounts Officer, Directorate of

Primary Education, Maharashtra State, Pune‟ payable at Pune.

11. Submission of Samples: according to the schedule at Office of The

Director of Primary Education Maharashtra State, Pune. The

prospective bidder is required to submit their samples of all the food

items as mentioned in Annexure A to Maharashtra State Pune along

with demand draft of Rs.5000/- (Non Refundable) in favour of

„Accounts Officer, Directorate of Primary Education Maharashtra State

Pune‟ payable at Pune towards expenses for testing of samples in the

Government laboratories or laboratories authorized by govt.

In case of failure to submit samples and demand draft as

mentioned above, the bid uploaded by bidder will be treated as non-

responsive and will not be opened. If the samples submitted by

bidder fails / does not confirm to the specification of the department

in Laboratory testing, the bid submitted by bidder will be rejected as

non responsive. Even if a single sample does not confirm to the

specifications of the department the bid submitted by the bidder will

be rejected as non responsive.

19 Tender Closing : according to the schedule

12. Submission of completed Bid: From according to the schedule The

Prospective Bidders shall finally upload the completed tenders on the

website as mentioned above before stipulated time.

13. Opening of Technical Bid: according to the schedule at the office of

the Director, Primary Education, Maharashtra State, Pune.

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14. Opening of Commercial Bid: according to the schedule at the office of

the Director of Primary Education Maharashtra State Pune.

15. Qualification Criteria: Qualification of the prospective bidders shall

be to ensure that the price bid for the work are open only for those

bidders who shall fulfill the qualification criteria mentioned below and

also other details in the bid documents.

(i) The bidder should have financial capacity to carry out the work and

therefore to bid for one region , the bidder should have achieved a minimum

financial turnover of Rs. 50 Crore per annum continuously for last three

years.

(ii) The bidder should have at least some experience of such type of work in

rural area and therefore the bidder should have achieved a minimum financial

turnover of 20 % of above annual turnover with the Government departments

from supply and transportation of foodgrains within last three years. That mean

the bidder to quote for one region , he should have achieved 10 Crore turnover

with the Government departments from supply and transportation of foodgrains

within last three years.

(iii) The bidder should have at least one registered office working for last

three years , in the educational region in which region bidder is submitting

his bid. There are 8 educational regions namely Pune.

The districts covered in each Educational Region are as mentioned below.

Pune – Pune, Ahmednagar, Solapur

(iv) The bidder should have license/certificate issued under Essential

Commodity Act for required items.

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(v) The bidder should have license / certificate issued by the department

of food and drug administration for supply of such eatable items.

(vi) PROOF OF ABILITY -

The Bidder shall be competent and capable of performing

such type of work mentioned in the tender. Therefore the Bidder

may be required to furnish performance on similar work.

Note:

i) Earnest Money Deposit (E.M.D.) exemption certificate shall not be

considered to anyone and every bidder shall have to submit EMD

along with the offer.

ii) DPEMS reserves right to reject any or all tenders without assigning

any reason thereof.

Right reserved:

i) Right to reject any or all Bids without assigning any reasons

thereof is reserved by DPEMS, Pune whose decision will be final

and legally binding on all the Bidders.

ii) The Director, Primary Education, Maharashtra State, Pune at

his discretion may extend the deadline of submission of Bid by

issuing corrigendum.

iii) The Director, Primary Education, Maharashtra State, Pune

shall have the right to revise or amend the contract document

prior to receipt of Bid.

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SECTION (I): INSTRUCTIONS TO BIDDERS (ITB)

NAME OF WORK: Mid Day Meal scheme - transportation of rice

from go downs of FCI to schools (Rural & Urban

both) and supply of other food grains, oil, pulses

and condiments in the schools of rural area in

various regions in the Maharashtra state.

In all the contents mentioned anywhere in this tender the

owner/Employer Pune and the competent authority is also Pune. The use of

word DPEMS anywhere in the contents, to mean the owner of work shall

have by similar and same meaning as in Director of Education (Primary),

Pune, unless otherwise so required.

1) SCOPE OF BID:

As per Section (V): Scope of Work.

2) ELIGIBLE BIDDERS:

As per Detailed Tender Notice.

3) QUALIFICATION OF BIDDER

1) To be eligible for award of the contract, the bidder shall provide

satisfactory evidence to the Employer of their eligibility, capability and

adequacy of resources to carry out the work / contract effectively. For the

purpose of this, all bids submitted shall include the information in relevant

formats as stated in ITB.

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2) For the purpose of this contract, the bidder shall meet the

qualifying criteria as mentioned in Detailed Tender Notice.

4) COST OF BIDDING:

The Bidder shall bear all costs associated with the preparation and

submission of the Bid and the Employer will in no case be responsible and

liable for those costs.

5) CONTRACTORS TO GET ACQUAINTED THEMSELVES FULLY:

The Bidder are advised to ensure the information that may be

necessary for preparation of the bid. A declaration to this effect will have to

be signed by the bidder in the format prescribed.

6) BIDDING DOCUMENT:

CONTENTS OF BID DOCUMENT: The following documents shall be

part of Contract -

1) Any modification or amendment issued by Employer prior to

Bid submission date, along with documents submitted for

prequalification.

2) Correspondence between the employer and contractor after

opening the bid and prior to letter of acceptance.

3) Agreement on Stamp paper.

4) Letter of Acceptance & Work Order.

5) Tender Notice & Detailed Tender Notice.

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6) Instructions to Bidders.

7) General Conditions of Contract.

8) Amendments to the Conditions of Contracts

9) Declaration of Contractor and Tender Form „C‟

10) Scope of Work.

11) Technical Specifications of the items supplied.

7) CLARIFICATION OF BIDDING DOCUMENTS:

During the pre-Bid meeting, the prospective Bidders shall have liberty

to ask for any additional information or clarification either in writing or

orally and the reply to the same will be given by the DEPMS and the same

will be published on official web site. This clarification referred to as

Common Set of Deviations (CSD) and shall form part of Bid documents

which will also be common and applicable to all Bidders. Common Set of

Deviations issued if any by DPEMS will form Part and parcel of the Bid

Document.

8) AMENDMENTS TO BIDDING DOCUMENTS:

At any time prior to the deadline of submission of bid, the Employer

may for any reason, whether at his own initiative or in response to the

clarification requested by a prospective bidder, modify the bid document by

issuance of addendum. The addendum will be uploaded on the web site. The

bidder shall download the same from website and incorporate the same in

the bid and will be binding on the bidders.

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9) PREPERATION OF BID :

LANGUAGE OF THE BID: The language of bid shall be English.

10) DOCUMENTS COMPRISING BID:

The bid to be prepared by bidder shall comprise of the form of bid and

appendices thereto, the bid security, the samples supplied by the bidders,

the expenses towards the testing of Samples, the information on eligibility

and qualification. Relevant information and any other material required to

be completed and submitted in accordance with the ITB embodied in bid

document and standard contract document. The forms and data provided in

this document shall be used without exception.

11) BID PRICES:

The bidder shall quote his offer as prescribed in Form of Bid, to be

submitted as per procedure set in ITB.

1) The financial bid/ commercial bid as prescribed should be filled for

a region in which bidder has registered office working in that region. There

are total 8 regions namely Mumbai, Pune, Kolhapur, Aurangabad, Nasik,

Amravati, Nagpur and Latur. The bidder has choice to submit bid for any

number of region according to qualification criteria mentioned in the tender

document / DTN.

2) The price quoted by bidder shall include all the costs including all

taxes, duties and such charges except for exemption if any provided for this

contract.

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3) The rates and prices quoted by bidder shall be valid for the original

contract period as well as during extensions for any increase or decreasing

quantity.

4) The rate quoted by The Bidder shall be a Lump Sum rate for one

unit of Kilogram (and Litres in case of edible oil / liquid items) for each

items.

5) The rate quoted by the Bidder shall be same for all locations in the

region for which it is submitted.

6) The bidder has to quote the rate of all items mentioned in the bid

documents and partial bidding will rejected as non responsive bid.

12) CURRENCY OF BID AND PAYMENT:

All prices and rates quoted by the bidder shall be entirely in Indian

Rupees only. All the payments shall be made in Indian Rupees only.

13) BID VALIDITY:

Validity of the bid shall be 150 working days and shall be reckoned

from the last date of submission of bids and thereafter until it is withdrawn

by notice in writing duly addressed to the authority opening the bid. Such

withdrawal before 120 working days shall effective from the date of receipt

of notice by the Employer.

14) EARNEST MONEY DEPOSIT:

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1) The Bidder shall furnish as a part of his bid an Earnest Money

Deposit (EMD) as mentioned in detailed tender notice. Bid security / EMD

shall be Rs. 50 Lac per region. i.e. if bidder is submitting bid for 2 regions

then EMD shall be of Rs. 100 Lac and for three regions it shall be rs. 150

Lacs and accordingly number of regions it will be in multiplicity of amounts.

2) If EMD is not submitted within pre-scribed date, the bid will be

rejected by the Employer as non responsive.

3) If after submitting the bid, the bidder withdraws his offer or

modifies the same or if after acceptance of bid fails or neglects to furnish the

performance security within prescribed time, without prejudice to any rights

or powers of the Employer here under or in law, the Employer shall be

entitled to forfeit the full amount of Earnest Money deposited by the bidder.

5) The amount of earnest money will be refunded without any interest

to the unsuccessful bidders after the work order is being issued to the

successful bidder.

15) FORMAT AND SIGNING OF BID:

1) All pages of the bid document in original shall be signed by a

person duly authorized to sign on behalf of the Bidder. All pages of the bid

where entries or amendments have been made shall be initialed by the

person signing the bid.

2) The bid shall contain no alterations or additions, except those to

comply with instructions issued by the Employer, or as necessary to correct

errors made by the bidder in which case such corrections shall be initialed

by the person signing bid.

16) SUBMISSION OF BIDS:

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1) MANNER OF SUBMISSION OF TENDER AND ITS ACCOMPANIMENTS:

The tender shall be submitted online only.

2) Technical Bid:

Bidder has to upload following documents in the form of scanned and

zipped files.

I. Scan Copies of demand drafts submitted for EMD

II. Company Profile / Firm profile

III. Audited balance sheets and financial statement for last three years

i.e. 2007-08, 2008-09 and 2009-10.

IV. A certified documents in support of requirements including liquid

assets, turnover etc.

V. Any other additional documents/profile etc. in support of technical

qualifications.

VI. PAN Card Copy.

VII. VAT TIN Registration Certificate.

VIII. VAT Clearance Certificate

IX. Document showing that the bidder has minimum one office working

for last three years, in the educational region in which bidder is

submitting his bid. Proof of existence of offices for the last 3 years

like electricity bill, Telephone bill, particulars of office employees,

P.F. registration no. etc. shall be attached.

X. Shop Act copy / firm registration copy.

X. The certificate issued by the Chartered accountant showing

turnover per annum for last three years.

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XI. PROOF OF ABILITY - The Bidder shall be competent and

capable of performing such type of work mentioned in the tender.

Therefore the Bidder may be required to furnish performance on similar

work.

NOTE 1 - The bidder has to submit the certificate issued by the

Chartered Accountant or Government Auditor showing the annual

turn over amount as well as experience turnover amount.

Note 2 : In case of Owner/Proprietor/Partner/Director is not signing the bid

document then he should submit the Power of Attorney in the name of

person signing the document.

3) Financial Bid: The bidder should quote his offer duly signed in

terms of lump sum unit rate per kilogram (and Litres in case of edible oil /

liquid items) at appropriate place of tender documents in commercial /

financial bid.

4) Deadline for Submission of Bid: The scheduled date and time

submission of tender as mentioned in Detailed Tender Notice shall be

strictly adhered in all cases.

SECTION (II): SUBMISSION OF SAMPLES FOR

LABORATORY TESTING

NAME OF WORK: Mid Day Meal scheme - transportation of rice /

wheat from go downs of FCI to schools (Rural & Urban both) and

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supply of other food grains, oil, pulses and condiments in the

schools of rural area in various regions in the Maharashtra State.

1) SUBMISSION OF SAMPLES FOR LABORATORY TESTING:

The Bidder should submit their samples of all the food items as per

specification mentioned in Annexure-A for Laboratory testing in Govt.

Laboratories or authorized Govt. Laboratories on or before the date

mentioned in NIT at the office of DPEMS. The expenses towards the testing

of samples borned by the bidder for which a Demand Draft of Rs. 5000/-

(Non Refundable) as mentioned in NIT shall be submitted to DPEMS along

with samples.

In case of failure to submit samples and demand draft as mentioned

above, the bid uploaded by bidder will be treated as non-responsive and

will not be opened. If the samples submitted by bidder fail in Laboratory

testing, the bid submitted by bidder will be rejected as non responsive.

Even if a single sample fails/ does not confirm to the specifications of the

department the bid submitted by the bidder will be rejected as non

responsive.

2. Tenderer should submit samples along with tender as per follow.

A) 2 nos of each items with more than 250 grams /250 ml. quantity

of samples duty sealed B) 2 pcs of each items packed in transparent

poly bag duly

SECTION (III) : BID OPENING AND EVALUATION

NAME OF WORK: Mid Day Meal scheme - transportation of

rice/wheat from go downs of FCI to schools (Rural & Urban both)

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and supply of other food grains, oil, pulses and condiments in the

schools of rural area in various regions in the Maharashtra State.

1) BID OPENING:

1) The bids will be opened on prescribed date and time as per NIT as

intimated. The bidder/authorized representatives may remain present at the

date, time and place stipulated in Detailed Tender Notice.

2) Following procedure will be adopted for opening of bids. First of all

information about number of bids received will be announced.

3) The technical bid will be downloaded by the bid opening authority

to check their validity as per requirements. If any particular document of

any bid is either missing or does not meet the requirements specified, then a

note to that effect will be made by the bid opening authority. The Employer

will carry out the process of scrutiny and analysis of various documents/

data received in technical bid.

4) The DPEMS shall obtain the report of samples provided by the

bidder from the Government Laboratories or the Laboratories authorized by

the Government.

5) The financial bids of bidders, who do not pass through technical

bid validity requirements including laboratory testing of samples, shall not

be opened and a note to that effect will be made.

6) After analysis and scrutiny of the documents with respect to the

requirements of the bidding is over, the Employer shall declare the outcome

of the scrutiny and will open financial bid of the bidders whose technical bid

satisfies the qualification criteria.

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2) BID LIABLE FOR REJECTION:

The bid is likely to be rejected if on opening it is found that-

a) The bidder has not strictly followed the procedure laid down for submission of bid.

b) The bidder has proposed conditions, which are inconsistent with or contrary to the terms and conditions specified.

c) Additions, corrections or alterations made by the bidder on any

page of the bid document, without affixing signature / initials.

d) Any page or pasted slips are missing.

e) The bidder has not signed each page of the bid.

f) The bidder has specified any additional condition.

g) The bidder has not attached all documents as stated in ITB.

3) EVALUATION AND COMPARISON OF BIDS:

The selection of successful bidder will be done REGION-WISE. The

Employer will compare the rate quoted by the bidder in particular region

and for the region wise selection of the suppliers, following procedure will be

adopted. The rate quoted by each of the tenderer for each item will be

considered as per the Menus /recepies mentioned in the enclosed

Government Resolution dated 2.2.2011 with equal weightage to each menu

/recepies and accordingly, the price of each item will be calculated as per

estimated demand in the year and total of all items will made. Likewise,

calculations will be made in regard to all other tenderers and from the same,

the tenderer who has given lowest composite price, will be selected for each

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region separately. The items fixed in the Tender will not be changed or

deleted. So also, if, the tenderer intentionally quoted low rates of any

particular item, the rate of the said item will be compared with the rate as

fixed by Agricultural Produce Market Committee and the rate of the said

item will be fixed and thereafter calculation of all the items will be made.

Note – while calculating the cost of Menus /recepies, the various items of

condiments / spice mentioned in that menu will have to be

considered with equal weightage.

4) AWARD OF CONTRACT:

1) AWARD CRITERIA: Subject to Clause 3, the Employer will award the

contract to a bidder / bidders whose bid has been found to satisfy all the

requirements of bid document and who has offered the lowest price in each

region.

2) Deciding Award of Contract: the process of decision and award of

contract shall be as under.

a) Only bids that qualify the qualifying criteria as per detailed tender notice

shall be considered for further evaluation. The decision of employer

regarding the pre qualification and opening of bids shall be final and

binding on all bidders.

b) The Employer will compare the rate quoted by the bidder and for the

region wise selection of the suppliers, following procedure will be adopted.

The rate quoted by each of the tenderer for each item will be considered as

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per the Menus /recepies mentioned in the enclosed Government Resolution

dated 2.2.2011 with equal weightage to each menu /recepies and

accordingly, the price of each item will be calculated as per estimated

demand in the year and total of all items will made. Likewise, calculations

will be made in regard to all other tenderers and from the same, the

tenderer who has given lowest composite price, will be selected for each

region separately. The items fixed in the Tender will not be changed or

deleted. So also, if, the tenderer intentionally quoted low rates of any

particular item, the rate of the said item will be compared with the rate as

fixed by Agricultural Produce Market Committee and the rate of the said

item will be fixed and thereafter calculation of all the items will be made.

c) The bidder with the lowest composite bid price in particular region

will be considered for allotment of tender in that region.

d) The Employer reserves the right to reject any or all offers received from

the bidders without assigning any reasons.

Note1:– while calculating the cost of Menus /recepies, the various items of

condiments / spice mentioned in that menu will have to be considered with

equal weightage.

Note 2 - while calculating the cost of Menus /recepies of Usal the

various items of pulses mentioned in that menu will have to be

considered with equal weightage to each pulses.

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Note 3 :- Successful bidder will be declared region wise. Therefore there

shall be 8 successful bidders.

5) EMPLOYERS RIGHT TO REJECT:

The Employer reserves the right to accept or reject any bid, to cancel

the bid process and reject all the bids at any time prior to award of contract

without thereby incurring any liability to the affected bidders or any

obligation to inform affected bidders of the ground of Employer‟s action.

6) NOTIFICATION OF AWARD:

Prior to the expiration of bid validity period or any such extended

period, Employer will notify the successful bidder in writing by a registered

letter that his bid has been accepted. This letter (herein after called as letter

of acceptance) shall name the sum, which the Employer will pay to

contractor as prescribed in contract. The notification of award will

constitute formation of contract. Upon furnishing the performance security

by the successful bidder & after signing the contract agreement, the work

order will be issued by the Director, Primary Education, Maharashtra State,

Pune.

7) PERFORMANCE SECURITY:

1) Within 21 days of receipt of Letter of Acceptance, the region wise

successful bidder shall deliver to the Employer a Performance Security of

3% of total value of Contract for four (4) months supply plus additional

performance security of Rs. 50 Lac for each region and multiplicity of Rs. 50

Lac per number of regions for handling of Government Rice / Wheat in form

of nationalized/ scheduled bank‟s Bank Guarantee/ Demand drafts for one

region.

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2) If the performance security is provided by the successful bidder in

the form of a bank guarantee, it shall be issued by nationalized / scheduled

bank in India and acceptable to the Employer.

3) The performance security shall be valid for period of 18 months ,

which shall be released after successful completion of contract.

4) Failure of the successful bidder to comply with the requirements of

performance security shall constitute sufficient ground for cancellation of

the award and forfeit of Earnest Money deposit.

5) EMD amount will be returned to the successful bidder only after

receipt of performance security.

8) CORRUPT OR FRAUDULENT PRACTICES:

DPEMS requires that the bidders shall observe the highest standards

of ethics the execution of the contracts. In pursuant to this policy, DPEMS,

1) Defines, for the purpose of this provision, term set forth as below

i) “Corrupt Practice” means the offering, giving, receiving or soliciting

of anything of value to influence the action of the public official in the

procurement process or contract execution; and

ii) “Fraudulent Practice” means a misrepresentation of facts in order

to influence a procurement process or execution of the contract to the

detriment of the Employer.

2) Will reject a proposal for award, if it determines that the bidder

recommended for award has engaged in corrupt or fraudulent practices in

competing for the contract in question.

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3) will declare a firm ineligible, either indefinitely or for a stated period

of time, to be awarded any DPEMS contract, if it at any time determines that

the firm has engaged in corrupt or fraudulent practices in competing for, or

in executing DPEMS contracts.

SECTION (IV) : GENERAL CONDITIONS OF

CONTRACT

NAME OF WORK: Mid Day Meal scheme - transportation of rice

from go downs to schools (Rural & Urban both)

and supply of other food grains, oil, pulses and

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condiments in the schools of rural area in

various regions in Maharashtra state.

1) DEFINITIONS:

Unless excluded by or repugnant to the context.

1) The expression DPEMS as used in the tender papers shall mean

Director of Education (Primary), Directorate of Primary Education,

Maharashtra State, Pune and the competent authority shall be Director of

Education(Primary), Directorate of Primary Education, Maharashtra State,

Pune

2) The expression Employer as used in the tender papers shall mean

Director of Education (Primary), Directorate of Primary Education,

Maharashtra State, Pune.

3) The expression "Bidder" or "Tenderer" as used in the tender papers

shall mean the agency/firm/organization who is interested to purchase the

tender document and then would like to submit the offers as prospective

bidder.

4) The “Contract” shall mean The agreement entered into between the

owner and the contractor as recorded in the contract form signed by the

parties include all attachment the notice of tender, the sealed quotation and

the tender documents including the tender and acceptance thereof together

with the documents referred to therein, & the accepted conditions with

annexure mentioned therein including any special conditions,

specifications, designs, drawings, priced schedule. All these documents

taken together shall be deemed to form one contract and shall be

31

complementary to one another. Contract is deed of contract together with its

entire accompaniment and those later incorporated in it by internal consent.

5) The “Contractor/Supplier” shall mean the individual or firm or

company whether incorporated or not, undertaking the work & shall include

legal representative of such an individual or persons comprising such firms

or company as the case may be and permitted, assigns of such individual or

firm or company.

6) “Specification” shall be means the specifications referred in the

Annexture A attached to the tender document.

7) "Employer's/Owners Representative" shall mean as Government

Servants / Officers working under the Director, Primary Education,

Maharashtra State, Pune.

8) The "Contract Sum"/"Contract Price" shall mean the sum for which

the tender is accepted.

9) The "Accepting Authority" shall mean Director of Education

(Primary), Directorate of Primary Education, Maharashtra State, Pune.

10) The "Day" shall mean a day of 24 hours from midnight to

midnight irrespective of the number of hours worked in any day in that

week and working day means school working day excluding holidays.

11) Where the context so requires, words importing the singular only

also include the plural and vice-versa.

12) Heading and marginal notes, if any, to the general conditions shall

not be deemed to form part thereof be taken into consideration in the

interpretation of the contract.

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13) The “Contract Period” means period specified in the tender

document for entire execution of contracted works from the date of

notification of award.

14) The Educational regions shall mean districts covered under the

office of deputy director of education. There are 8 educational regions

namely Mumbai, Pune, Kolhapur, Aurangabad, Nasik, Amravati, Nagpur

and Latur.

15) The “ITB” shall mean Section (I): Instructions to Bidders

2) COMMUNICATION

Written notice shall be deemed to have been duly served or delivered

in person to the individual or member of the firm or to an officer of the

DPEMS for whom it was intended, if delivered at or sent by registered or

certified mail to the last business address known to him who gives the

notice. The notice on the Fax Message/E-Mail shall be deemed to have been

duly served. The address given in the bidders tender on which all notices,

letters & other communications to the contractor shall be mailed or

delivered, except that said address may be changed by the Contractor by

notifying the owner in writing. This shall not preclude the service of any

notice, letter or other communication upon the Contractor personally.

3) E.M.D. / Bid Security:

The bidder shall submit a demand draft of bid security as mentioned

in detailed tender notice.

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Bid security submitted as above will be refunded to unsuccessful

bidders after award of contract to successful bidder.

4) SECURITIES :

Performance Security : The performance security in the form of

Bank Guarantee at 3% of the contract Price for four (4) months supply plus

additional performance security of Rs. 50 Lac per region and in multiplicity

of Rs. 50 Lac per number of regions, for handling of government Rice/Wheat

shall be provided to the Employer not later than the date specified in the

Letter of Acceptance and shall be issued in an amount and form and by the

bank acceptable to the Employer, and denominated in Indian Rupees. This

Bank Guarantee shall be valid for 18 months from date of issuance.

After successful completion of the contract and if there is no

complaint about the supplier, the security deposit amount of the suppliers

will be returned to them after two months period by obtaining an Indemnity

Bond.

5) LAWS AND REGULATIONS:

1) Governing Law: The contract shall be governed by and construed

in accordance with the laws and by-laws of India, the State of Maharashtra

and the local bodies in this region. All disputes arising under or in relation

to this Agreement shall be subject to jurisdiction of the Courts in Pune only

to the exclusion of other courts.

2) DISPUTES:

a) If a dispute of any kind whatsoever arises between the supplier &

DPEMS, the matter shall be referred in writing to the Principal Secretary,

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School Education & Sports Department Maharashtra State Mantralay

Mumbai within 14 days from the date of dispute.

b) The Principal Secretary School Education & Sports Dept.

Maharashtra State, Mantralaya Mumbai shall give his decision in writing

within 28 days of receipt of such representation. The decision of Principal

Secretary School Education & Sports Dept. Maharashtra State, Mantralaya

Mumbai shall be final & binding on both parties.

6) PERMITS, FEES, TAXES:

Unless otherwise provided in the contract documents, the contractor

shall secure and pay for all permits, Government fees and licenses

necessary for the execution and completion of the works. The contractor

shall pay all duties including excise duty, sales tax, works contract tax,

local taxes, VAT, Income tax and other taxes and any other levies required

by law including all taxes. DPEMS authorities will not take any

responsibility of refund of such taxes/fees and in case of disputes between

taxing authority and the contractor, DPEMS and its officers shall be

indemnified by the Contractor. Any violation, in the legal provisions of taxes,

duties, permits and fees, carried out by the Contractor and detected

subsequently shall be the sole responsibility of the Contractor and his legal

heirs.

7) METHOD & PROCEDURE OF SUPPLY –

i) The supplier has to supply the material at school level as per

purchase order and as per the quantity mentioned in the purchase order.

ii) The supplier should deliver the ordered food items in the

schools within school working hours. If the supply is done in other than the

35

specified period then it will not be accepted in any case. The supplier should

keep certified (weight & measurement authority) weighing scale in the

vehicle of the transport of food items should be given actually by weighing.

iii) The employees who are engaged by the supplier to carry out

distribution of food items should possess identity card issued by the

contractor and same should be certified the by concerned officers of the

Education department.

iv) It is necessary for the supplier to get the receipt for the food

items supplied by him in the office of Education department (primary) for

which the 4 colour receipts with the Sr.No. printed on it, (1) Pink (2) Yellow

(3) Blue and (4) White. Out of these 4 colour receipts the pink colour receipt

will be given to School at the time of supply.

v) The supplier should submit the yellow colour receipt to the

Block Education officer along with bills. And Blue and white colour receipt

will remain with the supplier as his own copy.

vi) The details of group, name of district, date of supply, vehicle no,

name of the person doing transportation of food items will be on the receipt.

The supplier will get Receipt book printed with his own expenses.

vii) Before doing the actual supply of said food items upto required

destination the supplier should get it tested the samples of the grains with

his own expenses from Government laboratory and should enclose its

certificates.

Viii] The supply order will be given to supplier with school wise

distribution chart. The foodgrains supply order will be rounded upto 10 kg

and condiments will be rounded upto 500 grams basis for each school. Also

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Government Rice / wheat will be rounded upto 50 kg basis. Last supply

order will be adjusted accordingly. If any shortage occurs in the

transportation of rice/ wheat then supplier has to bear losses of the same

and he shall supply rice / wheat as per the uplifting made from FCI godown.

If there is any damage found to the bag of Govt. Rice/wheat , then supplier

has to stitch that bag properly and then it should be supplied to school

level. Losses occurred in such cases has to bear by the supplier.

8) INSPECTION AND LABORATORIES TESTING:

The Material supplied by the Contractor / Supplier shall be inspected

by School level authorities as well as block /district level authorities. The

Said material shall also be sent for Laboratory Testing by the block level/

district level authorities in Government Laboratories or the Laboratories

approved by the Government. The material with substandard quality or the

material not satisfying specifications shall be rejected & supplier will have

to replace such goods at his own costs. The expenses towards the laboratory

testing shall be borne by the supplier / contractor. Only after getting the

quality analysis report from the laboratory, the payment of the items

will be released.

9) SUBSTANDARD / DIFECTIVE SUPPLY AND PENALTY -

If the quality of the supplied items are found not good enough,

then supplier should arrange removal of the same and replace with the

good quality as per the specifications of the department within 5 days.

If replacement of material is not made by the contractor, then such

items will be procured from open market and cost of the same will be

recovered from the supplier as well as no payment will be made for the

bills raised for such supply.

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If the quality of the items supplied, are found not fit for human

consumption in Laboratory testing, then supplier should arrange

removal of the same and replace with the good quality as per the

specifications of the department within 5 days. If substandard quality

material (material not fit for human consumption) is found to be

supplied by the contractor then penalty of 3% of the cost of such goods

or Rs. 10000 whichever is higher will be imposed to the contractor. As

also if replacement of substandard quality material is not made by the

contractor within 5 days, then such items will be procured from open

market and cost of the same will be recovered from the supplier as well

as no payment will be made for the bills raised for such supply. All the

rights about cancellation of the supply agreement or filing of FIR on the

suppliers or blacklisting of the supplier will be with the Primary

Educational Director, Maharashtra state Pune.

10) INCOME TAX AND OTHER TAX:

Income Tax and any other taxes as applicable from time to time, shall

be deducted from account bills of the Contractor and a certificate to that

extent shall be issued by the concerned authorities.

11) STATUTORY INCREASES IN DUTIES, TAXES ETC.:

All the taxes and duties levied by the State and Central Govt. and by

Local Bodies at the prevailing rates applicable on the date of receipt of

tender shall be fully borne by the Contractor and shall not be reimbursed to

him on any account. The tender shall be inclusive of all taxes levies etc.

Further DPEMS shall not honour any claim arising out of any

increase in any of the prevailing statutory duties, taxes, levies etc. as the

38

same are inter-alia covered under the Price Variation Clause. At the time of

quoting / bidding contractor should bear the above fact in mind.

12) BILLS AND PAYMENTS:

i) Generally running bills shall be prepared and processed for the

payment. The contractor after received supply order with schoolwise

distribution chart for supply of food grain material, he shall supply such

items accordingly within 20 working days from the date of supply order.

The contractor shall submit acknowledgement of delivery challan duly

signed by authority of each school and verified by Block Education

Officer / mid day meal superintends of Panchayat Samiti to zillha

parishad through Education officer. The Zilha Parishad (CAFO) shall pay

90% of the amount after receiving the bills and after satisfactory quality

reports of samples received from laboratories. The remaining 10 %

payment of bills shall be paid after the verification of complaints if

received regarding the supply made by the contractor. It is necessary to

make supply of all items and for all schools as per purchase order /

supply order and if supplier fails to do so the bills of incomplete supply /

partly supply shall not be accepted in any case as well as payment shall

not be done thererof.

ii) The bills of rice /wheat transportation shall be paid by D.E.P.M.S.

with above conditions and bills of other material supplied shall be paid at

district level.

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iii) The payment of bills shall be subject to the availability of grants .

16) PRICE VARIATION:

No Price Variation will be payable for to the Contractor during

Contract period & extended period if any.

17) PENALTY FOR LATE SUPPLY:

The contractor should deliver/supply the said food items within

20 working days. If the contractor fails to supply within stipulated time then

penalty of 0.5% of the value of material late supplied per week shall be

applied. And the minimum limit of such penalty will be as below-

A) The price of the materials late supplied in the given period is less

than Rs. 1 Lac then 10% penalty of such price.

B) The price of the materials late supplied in the given period is

more than Rs. 1 Lac then 5 % penalty of such price.

C) If the supply is not made within the delivery schedule the

department will procure the items from open market and the

additional expenses (including cost of rice at market price)

incurred for the same will be recovered from the due / security

deposit amount of the supplier.

D) It is necessary to make supply of all items and for all schools as per

purchase order / supply order and if supplier fails to do so, the bills

of incomplete supply / partly supply shall not be accepted in any case

as well as payment shall not be done thererof.