M T F

MULTIMODAL CONTRACT FOR TRANSPORTATION OF FOOD GRAINS

FROM KOLKATA TO TRIPURA THROUGH INDO – BANGLADESH

PROTOCOL ROUTE UNDER THE PROTOCOL ON INLAND WATER

TRANSIT AND TRADE BETWEEN INDIA AND BANGLADESH

2

PRESS NOTICE

Tender No. F/1(769)/Cont/Riverine Movt/2011 Dated: 12.01.2012

NOTICE INVITING TENDER Sealed bids in the Prescribed Bid document are invited from interested, eligible bidders for multimodal contract for loading/unloading (except at Food Corporation of India Depots at Kolkata and Tripura), Handling & Transportation of bagged foodgrains of 10,000 MT from designated Depots at FCI, FSD, JJP under Food Corporation of India, Area Office, Port Depot, Kolkata to designated Depots at Nandannagar/Arundhatinagar under Food Corporation of India Office, Agartala, Tripura through road and inland waterways (IWT) in India and Bangladesh, under the Protocol on Inland Water Transit and Trade between India and Bangladesh (PIWT&T) including transhipment, Handling & Stevedoring wherever applicable, within a period of three calendar months from the date of communication of acceptance letter by FCI.

The estimated value of the contract is Rs. 2.40 crores.

The bid documents and other detailed terms & conditions are available in the Food Corporation of India website www.fciweb.nic.in

The last date for submission of the bids is upto 3.00 P.M. of 6th February, 2012 and bids will be opened at 3.30 P.M on 6th February, 2012 (Monday).

No Negotiation will be conducted with any of the bidders who participate in the tender.

Food Corporation of India will hold a Pre Bid Meeting at Food Corporation of India, Regional Office , 6, Royd Street, Kolkata- 700 016 on 31.01.2012 at 3.00 P.M.

Food Corporation of India reserves the right to cancel the tender enquiry at any stage without assigning any reason.

NOT TO BE PUBLISHED

Sd/- DY. GENERAL MANAGER (W.B.)

FOR GENERAL MANAGER (WB)

3

PART – A

TECHNICAL BID

4

FORWARDING LETTER

Recent photograph of Bidder

From

(Full name & address of the Bidder)_

To

THE GENERAL MANAGER, (R) FOOD CORPORATION OF INDIA (FCI) R.O (West Bengal), 6 Royd Street, Kolkata 700016.

Dear Sir,

1. With reference to your Tender No. F/1(769)/Cont/Riverine Movt/2011 dated

12.01.2012, I submit the Sealed Bids under two-bid system for appointment as a

Multimodal Handling & Transportation contractor by Road & Riverine Movement.

2. I/We have thoroughly examined and understood all the terms & conditions as

contained in the complete set of Bid document and agree to abide by them.

3. I/We agree to keep the offer open for acceptance up to and inclusive of

21.03.2012 and to the extension of the said date by another 30 days in case it is so

decided by FCI. I/We shall be bound by communication of acceptance of the offer

despatched by FCI within the time. I/we also agree that if the date up to which the offer

would remain open is declared a holiday for FCI, the offer will remain open for acceptance

till the next working day.

4. I/We hereby enclose Demand draft No dated drawn

on the for Rs 16,00,000/- (Rupees Sixteen lakhs only) towards Earnest

Money and another Demand Draft No ________dated _drawn

on the _____ for Rs 1,000/- (Rupees One thousand only) towards the cost of

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

within fifteen working days of acceptance of the tender Security Deposit as stipulated

in the Tender.

5. I/We do hereby declare that the entries made in the bid document are true and also

that I/We shall be bound by the acts of my/our duly constituted Attorney.

5

6. I/We do hereby declare that the bidder Firm has not been blacklisted/debarred by

any Govt. Department/Public sector undertaking for any failure to comply with the terms

and conditions of any contract, or for violation of any Statute, Rule, or Administrative

Instructions.(*)

OR

I hereby declare that the bidder Firm was blacklisted/debarred by (here give

the name of the Department/Agency) for a period of , which period has expired

on . (Full details of the reasons for blacklisting/debarring, and the

communication in this regard, should be given)(*)

(*) (Strike out whatever is not applicable)

7. I/We hereby declare that the contract entered into by the bidder Firm with any

Govt. Department/Public sector undertaking or any other client, has not been terminated

before the expiry of the contract period at any point of time during the last five years.

8. I hereby declare that the Earnest Money Deposit and/or Security Deposit of the

bidder Firm has not been forfeited or adjusted against any compensation payable, in the

case of any Contract entered into by the Firm with any Govt. Department/Public sector

undertaking or any other client, during the last five years.

9. I/We hereby declare that the Bidder Firm, its proprietor / any of the partners / any

of the Directors has not been, at any time, convicted by a court for any offence and

sentenced to imprisonment for a period of three years or more.

10. I/We do hereby declare that the bidder Firm has not been blacklisted / debarred by

Govt. of Bangladesh or Govt. of India from undertaking any transportation activities in Indo-

Bangladesh IWTT Protocol route at any time during last five years.

I/We certify that all information furnished by the bidder Firm is true & correct and in the

event that the information is found to be incorrect/untrue, the FCI shall have the right to

disqualify the Firm without giving any notice or reason therefore or summarily terminate the

contract, without prejudice to any other rights that the FCI may have under the Contract and

Law.

(Signature of Tenderer)

6

Tender No. F/1(769)/Cont/Riverine Movt/2011 Date 12.01.2012

FOOD CORPORATION OF INDIA, REGIONAL

OFFICE (WEST BENGAL), KOLKATA

INVITATION TO BID AND INSTRUCTIONS TO BIDDERS FOR APPOINTMENT OF

LOADING/UNLOADING/ HANDLING & TRANSPORT CONTRACTOR FOR MULTIMODAL

CONTRACT FOR TRANSPORTATION OF FOOD GRAINS FROM KOLKATA TO TRIPURA BY

ROAD & INLANDWATER TRANSPORT MODE IN INDIA AND BANGLADESH UNDER THE

PROTOCOL ON INLAND WATER TRANSIT AND TRADE BETWEEN INDIA AND BANGLADESH

A. Last date for receipt of Bids up to 3.00 P.M. on 06.02.2012 (Monday).

B. Bids to be opened at 3.30 .P.M. on 06.02.2012 (Monday).

Note: If the date fixed for opening of bids is declared a holiday, the bids will be opened on

the next working day following the holiday but there will be no change in the time for

opening as indicated above.

C. Bids to remain open for acceptance up to and inclusive of 21.03.2012 (Wednesday).

Note: (1) The General Manager, Food Corporation of India, may, at his discretion, extend this

day by 30 days and such extension shall be binding on the Bidders.

(2) If the date up to which the Bid is open for acceptance is declared to be a closed

holiday/Sunday, the tender shall be deemed to remain open for acceptance till next

following working day.

7

FROM:

The General Manager, Food Corporation of India

INVITATION TO BID

West Bengal Region, 6, Royd Street, Kolkata 700016.

Tel. No. 22290042/54 FAX No. 22260782 E-mail: srmwb.fci@nic.in

To

Dear Sir(s),

For and on behalf of the Food Corporation of India (hereinafter called the FCI) the General

Manager, Food Corporation of India, West Bengal Region, Kolkata invites sealed bids in the

prescribed Bid Document from interested, eligible bidders for multimodal transportation

contract for Loading/Unloading, (except at FCI depots at Kolkata and Tripura) /Handling &

Transportation of bagged food grains of 10,000 MT from designated Depots at FCI, FSD

JJP, Kolkata, under Area Office (Port Depot) to designated Depots in FCI, FSD

Nandannagar/Arundhatinagar, under Area Office, Agartala, Tripura by Road and inland

waterway mode through India and Bangladesh, under the Protocol on Inland Water Transit

& Trade between India and Bangladesh (PIWT&T) within a period of three calendar months

from the date of communication of acceptance letter by FCI.

2. Interested bidders may obtain bid documents from FCI website: www.fciweb.nic.in upto

4.00 P.M. on 05.02.2012. The bidders shall enclose alongwith the Technical Bid a

separate DD for Rs. 1000/- towards the cost of the Bid document.

3. The last date for submission of the Bids is upto 3.00 PM of 06.02.2012 (Monday) and the

Bid documents will be received up to that time in the office of the General Manager(R),

FCI, Kolkata and Technical Bids will be opened at 3:30 P.M. on the same day in the

presence of the intending bidders/their authorized representatives who may wish to be

present.

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

Regional Office, Kolkata on 31.01.2012 (Tuesday) at 3.00 PM. Interested prospective bidders

or their authorized representatives who wish to participate in the Tender enquiry may

participate and seek any clarifications and based on which FCI reserves the right to make any

alterations in the tender document based on the suggestions/ decisions arrived at the pre-

bid meeting.

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

without assigning any reason.

General Manager (R)

8

INSTRUCTION TO BIDDERS

1. Introduction

The Food Corporation of India (FCI) was setup under the Food Corporation Act 1964, in order

to fulfil following objectives of the Food Policy:

Effective price support operations for safeguarding the interests of the farmers.

Distribution of food grains throughout the country for public distribution system ;

and

Maintaining satisfactory level of operational and buffer stocks of food grains to

ensure National Food Security.

FCI has been entrusted with the responsibility of execution of the Food Policies of the

Government of India in the areas of procurement, storage, movement and distribution of

food grains.

2. Object of the Contract

Multimodal transportation contract for Loading/Unloading,(except at FCI depots at Kolkata

and Tripura) /Handling & Transportation of bagged food grains of 10,000 MT (Approx.) from

designated Depots at Kolkata (West Bengal, India) to designated Depots at Tripura, (India),

by Road and inland waterway transport (IWT) mode through India and Bangladesh, under

the Protocol on Inland Water Transit & Trade between India and Bangladesh (PIWT&T) and

such other additional ancillary, incidental and auxiliary duties, services and operations as

may be instructed by or as instructed by the General Manager, FCI, (Region) or an officer

acting on his behalf and not inconsistent with terms and conditions of this contract within a

period of three calendar months from the date of communication of acceptance letter by

FCI.

3. Brief description of work

(i) Multimodal transportation contract for Loading/Unloading, (except at FCI depots at

Kolkata and Tripura), Handling and Transportation of bagged food grains of 10,000 MT

(Approx.) in double gunny bags from designated Depots at Kolkata to designated Depots at

Tripura through Road and Inland Water Transport mode through India and Bangladesh

under the Protocol on Inland Water Transit & Trade between India and Bangladesh

(PIWT&T). The scope of the above contract includes the following:

(a) Placing required number of trucks as per movement schedule at FCI designated depots at

Kolkata, after cent percent weighment and counting of bags and loading into the trucks by

FCI’s labour/workers, transportation of food grains by road from the FCI designated depots

at Kolkata to Inland Water Transport (IWT) Ports at Kolkata.

(b) The food grains are then either loaded directly to the IWT vessels or stacked at the port

through the labour engaged by the Bidder. At the IWT ports, if need be, the Bidder

associates stevedoring agents. After loading food grains into the IWT vessels they are

transported to Ashuganj Port in Bangladesh via IWT mode.

9

(c) The food grains are transhipped at Ashuganj where the food grain bags are unloaded, if

need be, the Bidder associates stevedoring agents. The food grains bags are then loaded

into the trucks or stacked at the IWT port. From Ashuganj the food grains are loaded in the

Bangladeshi trucks and transported to Akhaura i.e. the Indo-Bangladesh border where the

food grains are shifted to another truck which has licence to ply in India by way of truck to

truck operations (Ulta-Palti).

(d) The food grains are then transported to designated depots in Tripura/PDCs where it is

again subjected to cent percent weighment and counting and receipt by the consignee.

(e) While undertaking the transportation by road / IWT the food grains are to be secured in waterproof hatches/trucks by covering the same with good quality tarpaulins and fastening with ropes.

(f) Internal movement of food grain bags using hand carts, trolley, head load etc. at the IWT port areas, transhipment locations and such other places during the transit of cargo from designated depots at Kolkata to designated depots at Tripura shall be performed by the bidder.

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

(h) All documentation pertaining to the contract, statutory/non-statutory, customs, port operations, RTO, Police, Local Authorities and documentation pertaining to all clearances for smooth execution of the contract shall be done by the Bidder at his cost.

(i) The costs, charges, levies, taxes, duties, cess, fees, expenses, toll, protocol charges, Shed charges, Wharfages/lighterage charges, Port/Custom overtime charges, Vessel overtime charges, Crane charges, Barge charges, Berth Hire charges, IWT freight, Insurance charges, demurrage etc. at the loading and unloading ports and all expenses and costs whether statutory / non statutory, incurred in execution of this contract and incidental thereto shall be borne by the bidder at his cost. However, Loading into the trucks at the designated depots at Kolkata and unloading from the trucks at the designated depots at Tripura will be performed by FCI at its cost through the labour engaged by FCI.

(ii) A Protocol on Inland Water Transit & Trade between India and Bangladesh (PIWT&T)

facilitates transit of cargo by inland waterway transport (IWT) mode through Bangladesh.

This Protocol also provides the facility for transhipment of cargo at Ashuganj in Bangladesh

for further transportation to/from Akhaura Border by road. Both the countries have fixed a

common freight rate $ 38 per MT between Haldia/Kolkata to Akhaura via Ashuganj (by IWT

and road) with effect from 11.8.2011. Copy of PIWT&T is at Annexure-I and copy of the

minutes of meeting of the Competent Authorities of India & Bangladesh on fixation of

common freight rate is at Annexure-II.

10

(iii) The Bidders must get themselves fully acquainted with the location of the depots at

Kolkata and Tripura, cargo handling (loading/unloading) facilities and also the multimodal

transport requirements for movement of food grains by road and by inland water transport

mode through Indo-Bangladesh Protocol route before submission of the tender. Before

tendering, the Bidder must also get acquainted with the conditions of waterway / Road

route/ port / Jetty to be used by him for transportation of food grains. Once the tender is

submitted, the Bidder will be deemed to have fully acquainted himself with the route and he

will not be entitled for any compensation on account of road blockade, waterway depth

restrictions, diversions etc. on the route. The rates quoted by Bidders shall be deemed to

have been done after such acquaintance and no Bidder will be entitled to any

compensation/damage arising out of any misapprehension in this regard.

4. Volume of work

Transportation of approximately 10,000 metric tons of bagged food grains from Kolkata to

Tripura via Ashuganj (Bangladesh) by multimodal transportation using road and inland

waterways within a period of three calendar months. The Contract, if any, which may, arise

from this tender shall be governed by the terms and conditions of the Contract as set out in

this Bid Document.

5. Minimum eligibility criteria:

The Bidders shall possess the following minimum eligibility criteria to participate in this

Tender:-

(i) Any Firm of Indian origin registered/incorporated in India. (Registration under sub-

section (3) of section 4 of the Multimodal Transportation of Goods Act, 1993 is

desirable).

(ii) Having control over at least 10 IWT Vessels, each having loading capacity of at least

650-1200 MT licensed to operate in the Indo- Bangla IWT protocol route with valid

survey certificate, possessing sea worthiness certificate, by way of ownership/lease/

charter/ declaration from the owner of the vessel in favour of the bidder indicating

his willingness to provide the vessel to the Bidder for undertaking this contract, if

awarded.

(iii) Having control over at least 30 trucks each at Kolkata, Ashuganj & Tripura by way of

ownership/lease/ declaration from the owner of the truck in favour of the bidder

indicating his willingness to provide the truck to the Bidder for undertaking this

contract, if awarded.

(iv) Experience in multimodal transportation of bagged/ bulk cargo through road &

Inland waterways, under Indo-Bangladesh IWT Protocol route and should have

executed in any of the immediate preceding five financial years work of value:-

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

OR

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

11

Note: Attested Copies of the experience certificates shall be produced from customers

evidencing proof of satisfactory execution and completion of the contract(s) besides duly

certifying nature, period of contract and value of work handled.

6. Disqualifications:

i. Bidders who had been blacklisted/debarred by any Govt. Department/Public

sector undertaking shall be ineligible during the currency of such bar/blacklisting.

ii. Any bidder whose contracts with any Govt./ Public Sector Undertaking/any

client had been terminated during the last five years for any failure to perform the

contractual obligations shall be ineligible.

iii. Bidders whose Earnest Money Deposit and / or Security Deposit has been

forfeited by any Govt./ Public Sector Undertaking/any client during the last five years, shall

be ineligible.

iv. If the Bidder Firm, its proprietor / any of the partners/ any of the Directors have

been, at any time convicted by a court for any offence and sentenced to imprisonment for a

period of three years or more, such Bidder shall be ineligible.

v. A Hindu Undivided Family shall not be entitled to apply for tender in the capacity of

HUF. Any bids submitted in the capacity of Hindu Undivided Family (either as a proprietor or

partner of a firm) shall be summarily rejected.

vi. Any firm if blacklisted/debarred by Govt. of Bangladesh or Govt. of India to

undertake any transportation activities in Indo-Bangladesh IWT Protocol route at any time

during last five years.

7. Place of Operation:

For the purpose of this contract the designated depots in Kolkata from where the bagged

food grains stocks will be issued and loaded to the trucks will be :-

1) FSD, JJP, under FCI Area Office (Port Depot), Kolkata

and the designated depots where the bagged food grains stocks will be received in Tripura

will be:-

1) FCI, FSD, Nandannagar, under FCI, Area Office, Agartala, Tripura

2) FCI, FSD, Arundhatinagar -do-

the designated port/jetty in Kolkata from where the bagged food grains stocks will be loaded

to the IWT Vessel will be:

1) TT Shed, Kolkata Port/Dock.

12

the designated port/jetty in Bangladesh where the bagged food grains stocks will be

unloaded from the IWT Vessel will be:-

1) Ashuganj

The bagged food grains stocks received at the IWT port/jetty at Ashuganj will then be loaded

into trucks and transported by road to India – Bangladesh boarder at Akhaura, where it will

be loaded to trucks in India and then transported to the designated depots in the State of

Tripura.

Notwithstanding the above FCI reserves the right to change, alter, vary at any time the

designated depots, port/jetty in Kolkata/Ashuganj/ Tripura. In such an event the contract

shall not be rendered void and Bidder shall be bound to perform all the

services/obligations and execute all the works as per terms and conditions and rates

of the contract and he shall not be entitled to make any claim whatsoever against the FCI

for any damages/compensation, revision of rates or otherwise due to increase/decrease

in the number of the godowns or change of location of designated godowns/port/jetty etc.

8. Signing of Bids

(i) Person(s) signing the bids shall state in what legal capacity he is, or they are signing the

bids, e.g., as sole proprietor of the firm, or as a Secretary / Manager / Director etc., of a

Limited Company. In case of Partnership firm, the names of all partners should be disclosed

and the bids shall be signed by all the partners or their duly constituted attorney, having

authority to bind all the partners in all matters pertaining to the contract. The attested copy

of the partnership deed should be furnished along with the tender. In case of companies,

the names of all the Directors shall be mentioned, and an attested copy of the Resolution

passed by the Company authorizing the person signing the tender to do so on behalf of the

company shall be attached to the tender along with a copy of the Memorandum and Articles

of Association of the Company.

(ii) The person signing the bids, or any documents forming part of the tender, on behalf of

another, or on behalf of a firm shall be responsible to produce a proper power of attorney

duly executed in his favour, stating that he has authority to bind such other person, or the

firm, as the case may be, in all matters, pertaining to the Contract.

(iii) The Power of Attorney should be signed by all the partners in the case of a partnership

concern, by the proprietor in the case of proprietary concern, and by the person who by his

signature can bind the company in the case of a limited company.

(iv) If the person so signing the bids fails to produce necessary documentary proof of his

Authority as indicated above, his tender shall be summarily rejected without prejudice to

any other right of the Corporation under the law.

(v) The entire bid document and all its annexure and copies of the supporting documents

shall be signed on each page by the authorized signatory.

(vi) The person signing the tender or any other documents forming part of the tender, on

behalf of any other person or a Firm shall be deemed to warrant that he has the authority to

bind such other person or the Firm, as the case may be, in all matters pertaining to the

Contract. If at any stage it is found that the person concerned had no such authority FCI may,

without prejudice to other civil/criminal remedies, terminate the Contract and hold the

signatory & the Firm liable for all costs and damages.

13

(vii) Notice or any other action to be taken on behalf of FCI may be given/taken by the

General Manager (Region) or any officer duly authorized and acting on his behalf.

9. Earnest Money

(i) Each bid must be accompanied by an Earnest Money Deposit of Rs. 16 lakhs (Rupees

Sixteen lakhs only) which is equivalent to 2% of Security Deposit, in the form of a Demand

Draft/Pay Order issued by a Scheduled Bank in favour of the General Manager, West

Bengal Region, Food Corporation o f India Kolkata. Bids not accompanied by Earnest

Money shall be summarily rejected. The Bidders are permitted to bid on the express

condition that in case he resiles, or modifies his offer, or terms & conditions thereof, after

submitting his bid for any reason whatsoever during the tender process, the Earnest

Money Deposited by him shall stand forfeited without prejudice to any other rights and

remedies of FCI against the bidder under the contract and law and the Bidder shall be liable

for any loss suffered by FCI on account of such withdrawal/modification etc. and the bidder

will also be debarred from participating in any other Tender Enquiry with FCI for a period of

five years.

(ii) The Earnest Money without interest will be returned to all unsuccessful Bidders with

in a period of 30 days from the date of issue of the acceptance letter and to a successful

bidder, after he has furnished the Security Deposit, if he does not desire the same to be

adjusted towards the Security Deposit. However in case, the tender is disqualified during

technical evaluation, the Earnest Money will be refunded without interest within 15 days of

technical disqualification of the bidder. No interest shall be payable on Earnest Money, in

any case.

10. Security Deposit

(i) The successful bidder shall furnish, within fifteen working days of acceptance of his

bid, a Security Deposit of Rs. 8 crores for the due performance of his obligations under the

contract in the following manner.

(a) A sum equivalent to Rs. 4 crores in the form of demand draft or Pay Order issued by

a scheduled bank in favour of the General Manager(R), Food Corporation of India; and

(b) Another sum equivalent to Rs. 4 crores in the form of an irrevocable and

unconditional Bank Guarantee issued by State Bank of India or any of its Associate Banks or

by any other Public Sector Banks in the format prescribed in Annexure - III which shall be

valid and enforceable till six months after the expiry of the contract period. Corporation

reserves the right to verify the Bank Guarantee submitted by the Bidder by referring the

same to the issuing bank/such other authorities.

(c) At any given point of time the Bidder will not be entrusted with stocks more than

the value of Security Deposit.

(ii) The Security Deposit furnished by the bidder will be subject to the terms and

conditions given in the Annexure and FCI will not be liable for payment of any interest on the

Security Deposit.

14

(iii) In the event of the bidder’s failure, after the communication of acceptance of the

tender by FCI, to furnish the requisite Security Deposit by the due date, his Contract shall be

summarily terminated besides forfeiture of the Earnest Money and FCI shall proceed for

appointment of another Bidder. Any losses or damages arising out of and incurred by FCI by

such conduct of the Bidder will be recovered from the bidder, without prejudice to any other

rights and remedies of FCI under the Contract and Law. The bidder will also be debarred

from participating in any future tenders of FCI for a period of five years. After the

completion of prescribed period of five years, the party may be allowed to participate in the

future tenders of FCI provided all the recoveries / dues have been effected by FCI and there

is no dispute pending with the Bidder/party.

(iv) If the successful bidder had previously held any contract and furnished security

deposit with FCI, the same shall not be adjusted against this bid and a fresh security deposit

will be required to be furnished.

11. Clarifications & Amendments to Tender documents

FCI may at any time prior to the due date of the bid and for any reason, whether at

its own initiative or in response to any clarification sought by any bidder, modify the tender

document by way of one or more addendum. Any addendum thus issued will be posted on

the website of the corporation (www.fciweb.nic.in) and such addenda will be binding on

all. In order to afford the prospective bidders to take into account the addendum or for any

other reasons, FCI may, at its discretion extend the due date for the proposal.

12. Submission of Bids

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

(b) The original copy of the Technical bid (PART – A) along with the documents required

under the technical bid is to be kept in one sealed envelope superscribed ‘A’ – Technical Bid

and the price bid (PART-B) will be kept in another sealed envelope superscribed ‘B’- Price

Bid. Both the bids then will be kept in another sealed envelope superscribing “Tender No.

F/1(769)/Cont/Riverine Movt/2011 for Multimodal transportation” and addressed to

the General Manager (West Bengal Region), Food Corporation of India, 6 Royd Street,

Kolkata 700016 with the name and address of the Bidder.

(c) The envelope containing the Technical Bid shall include the following:

(i) Technical bid document along with all its Annexures (Part – A) serially numbered,

duly signed, on each page by the bidder.

(ii) Demand draft towards Earnest Money Deposit.

(iii) Demand draft towards Cost of the Bid document.

(iv) List of Documents attached, as per format Annexure – V duly signed by the bidder.

(d) Bids which do not comply with these instructions shall be summarily rejected.

15

(e) Outstation Bidders may send their bids by Registered Post.

(f) The bid document shall be filled in by the bidder without any overwriting, clearly,

neatly and accurately. Any erasures or corrections should be duly initialled by the

authorised signatory.

(g) The bidders should not incorporate any condition in the tenders as conditional

tenders will be summarily rejected.

(h) It should be clearly understood by the bidder that no opportunity shall be given to

them to alter, modify or with-draw any offer at any stage after submission of the

bids.

(i) No negotiation will be held with any of the bidders after the price bids are opened. Tenderers are therefore requested to indicate their best rates at the very first instance.

13. Opening of tenders

The Technical Bid will be opened in the office of the General Manager (West Bengal Region),

Food Corporation of India, 6 R o y d S t r e e t , Kolkata 700016 at the fixed time and the

date indicated in the NIT. The bidders will be at liberty to be present either in person or

through an authorized representative at the time of opening of the Technical Bid. Price Bids

of only those technically qualified bidders will be opened at the time and place of which

notice will be given and the technically qualified bidders will be at liberty to be present either

in person or through an authorized representative at the time of opening of the Price Bids.

14. Award of contract

The contract will be awarded to the lowest successful bidder by way communication of

acceptance letter by FCI by Regd. Post/AD or through e-mail to the bidder which shall be

binding on the bidder.

15. Corrupt practices

i. Any bribe, commission, or advantage offered or promised by or on behalf of the

bidder to any officer or official of FCI shall (in addition to any criminal liability which the

bidder may incur) debar his tender from being considered. Canvassing on the part of, or on

behalf of the bidder in any manner will also make his bid liable to rejection.

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

iii. In case of any clear indication of cartelization, FCI shall reject the bidder(s), and forfeit the EMD furnished by such bidders.

iv. Late bids i.e. bids received after the specified date and time for receipt of bids will

not be considered.

v. If the information given by the bidders in the bid Document and its Annexures is

found to be false / incorrect at any stage, FCI shall have the right to disqualify / summarily

terminate the contract, without prejudice to any other rights that the FCI have against the

bidder under this Contract and law.

16

16. Book Examination

The Bidder shall, whenever required, produce or cause to be produced for examination by

the General Manager, FCI or any other officer authorized by him in this behalf, any cost or

other accounts books, account vouchers, receipts, letters, memoranda or writing, or any

copy of, or extract from, any such document, and also furnish information and returns,

verified in such manner as may be required, relating to the execution of this Contract. The

decision of the General Manager, FCI on the question of relevancy of any document,

information or return shall be final and binding on the Bidder. The Bidder shall produce the

required documents, information and returns at such time and place as may be directed by

the General Manager, FCI.

General Manager (R)

Food Corporation of India

17

TERMS AND CONDITIONS GOVERNING THE MULTIMODAL TRANSPORT CONTRACT

1. Definitions

(i) The term ‘Bidder’ ‘Bidders’ wherever they occur shall mean and include the Bidder

Firm with whom the contract has been placed including their heirs, executors,

administrators and successors, associates as the case may be.

(ii) The term ‘Carrier’ means the Contractor/Bidder whose bid has been accepted by the

FCI for transporting for hire goods by road, and inland, waterways or sea;

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

(iv) The term ‘Consignment’ means the food grains entrusted to a multimodal transport

operator for multimodal transportation

(v) The term ‘Contract’ shall mean the bid (offer) submitted by the bidder in the

prescribed bid document along with NIT and all its Annexures & requisite documents along

with the acceptance of the bid communicated by FCI for the multimodal transportation of

goods.

(vi) The term ‘Contract Rates’ shall mean the rates accepted by the General Manager,

for and on behalf of the Food Corporation of India, inclusive of all statutory levies, taxes fee,

toll, but excluding service tax.

(vii) The term ‘Delivery’ means - Delivery at FCI Godowns at Tripura, or such other place

as directed by FCI

(viii) The term ‘FCI’, wherever they occur, shall mean the Food Corporation of India

established under the Food Corporations Act, 1964, and will include its Managing

Director/Secretary, and its successor(s).

(ix) The term ‘General Manager’ shall mean General Manager of Food Corporation of

India under whose administrative jurisdiction the designated Depots to which the contract

relates fall and also include any other officer of the FCI duly authorized in this behalf for the

time being.

(x) The term ‘Godowns’ shall mean the Depots/Godowns/Mandis /PDCs designated by

FCI for the purpose of this contract and belonging to/hired or in occupation/ control of FCI at

any time and shall also mean and include open platform/plinth built or constructed for

storage of Food grains inside or outside the owned/hired depot premises.

(xi) The term ‘Goods’ means – “Bagged food grains”

(xii) The term ‘Food grains’ shall mean and include any item of food grains & its products,

Coarse grains, Sugar, ground nut, fertiliser etc.

(xiii) The term ‘Multimodal Transportation’ means carriage of goods by road and inland

waterways in India and Bangladesh from FCI godowns in Kolkata to FCI godowns in Tripura,

Tripura through road and inland waterways in India and Bangladesh under the Protocol on

Inland Water Transit & Trade between India and Bangladesh (PIWT&T);

18

(xiv) The term ‘Multi-modal Transport Contract’ means a contract entered into by the FCI

and the multimodal transport operator for multimodal transportation of goods.

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

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

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

(xvi) The term ‘Services’ means performance of any of the items of work enumerated in

the tender document and/or related, auxiliary and incidental as may be indicated by the

General Manager – FCI or an Officer acting on his behalf.

(xvii) The term ‘Trucks’ wherever mentioned shall mean mechanically driven vehicle such

as Lorries etc., and shall exclude animal driven vehicles.

(xviii) The term ‘Vessel’ ‘IWT Vessel” wherever mentioned means the watercrafts which

are registered under the Inland Shipping Ordinance, 1976 as amended from time to time in

case of Bangladesh vessels and Inland Vessels Act, 1917, as amended from time to time in

case of Indian Vessels.

2. Parties to the Contract

The parties to the Contract are Food Corporation of India represented by the General

Manager (Region) and/or any other person authorized and acting on his behalf and the

successful Bidder who has been awarded this contract.

3. Constitution of bidders

(a) Bidders shall, in the tender, indicate whether they are Registered Sole Proprietary

Concern or Registered Partnership Firm or a Private Limited Company, or a Public Limited

Company and indicate the names of all the partners or Directors of the Company, as

applicable in the bid document. The bidder shall also nominate and authorise a person for

the active management and control of the work relating to the contract and to continuously

liaise with FCI during the tenure of the Contract. The person so nominated shall be deemed

to have full authority from the Bidder in respect of the Contract and his acts shall be binding

on the Bidder.

(b) If the Bidder is a partnership firm, there shall not be any re-constitution of the

partnership without the prior written consent of FCI till the satisfactory completion of the

Contract, failing which the Contract shall be liable for termination treating it as breach of

Contract by the Bidder with consequences flowing therefore.

(c) The Bidder shall notify to FCI the death/resignation of any of their partners/directors

immediately on the occurrence of such an event. On receipt of such notice, FCI may

terminate the Contract at its discretion considering the circumstances.

19

4. Subletting

The Bidder shall not sublet, transfer, or assign the Contract, or any part thereof. However,

Bidder may involve/ associate/charter other agencies for manpower, trucks, vessels

/watercrafts/barges etc. but shall remain fully responsible and accountable for any acts of

his associates.

5. Relationship with third parties

All transactions between the Bidder and third parties shall be carried out as between two

principals without reference to FCI in any event. The Bidder shall also undertake to make

third parties fully aware of the aforesaid position.

6. Liability for Personnel

(a) All persons employed by the Bidder shall be engaged by him as his own

employees/workers in all respects and all rights and liabilities under the Indian Factories Act,

the Employees Compensation Act, Employees Provident Fund & Miscellaneous Provisions

Act (EPF & MP Act), Industrial Disputes Act, Contract Labour (R&A) Act and under all other

applicable enactments in India and Bangladesh in respect of all such personnel shall

exclusively be that of the Bidder. The Bidder shall be bound to indemnify FCI against all the

claims whatsoever in respect of his personnel under the Employees Compensation Act, 1923

or any statutory modification thereof or otherwise for or in respect of any damage or

compensation payable in consequence of any accident or injury sustained by any workmen

or other person whether in employment of the Bidder or not.

(b) (i) The Bidder shall be liable for making contributions in accordance with the provisions

of the EPF & MP Act, and the scheme framed there-under in respect of the labour employed

by him. The Bidder shall recover the amount payable by such employees and pay to FCI i.e.

the Principal employer under the said Act, the amount of member’s contribution together

with an equal amount of his contribution. If, on account of the default of the Bidder in

making/depositing such payments or for any other reason, FCI makes such contributions on

behalf of the Bidder, the FCI shall be entitled to set off against the amount due to the bidder,

the contributions made by it on account of his default in making payments or otherwise in

respect of the labour employed by the Bidder.

(ii) The Bidder shall maintain and submit the following Records & Returns prescribed under

the EPF Act - 1952 and the Scheme framed there under to the Authority designated under

the said Act and to the General Manager, Food Corporation of India or any officer acting on

his behalf :-

20

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

Form – 3 The Contribution Card for the currency period – Annually.

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

Annually.

Form – 4 Contribution Card for Employees other than monthly paid Employees –

Annually.

Form – 5 Return of Employees qualifying for the Membership.

Form – 5A Return of Ownership to be sent to the Regional Commissioner.

Form – 6 Return of the Contribution Card and Annual Statement of Contribution.

Form - 6A Consolidated Annual Contribution Statement.

Form – 10 Form of Maintenance of Accounts.

Form – 11 Balance Sheet

Form – 12A Statement of Contribution – Monthly.

(iii) The Bidder shall, within 7 days of the close of every month, submit to the Principal

Employer (FCI), a Statement showing the recoveries of Contribution in respect of Employees

employed by or through him and shall have to furnish to him such information as the

Principal Employer (FCI) is required to furnish under the provisions of Employees Provident

Fund Scheme 1952 to the Commissioner.

(iv) The Bidder shall maintain Inspection Note Book in the form as may be specified by the

Commissioner, for an Inspector to record his observations on his visit. The Bidder shall also

make available the same when asked for inspection to the Officers of the Regional Provident

Fund Commissioner and to the General Manager, Food Corporation of India or Officer

authorized by him or acting on his behalf.

(c) If the Bidder fails to submit the prescribed Returns, Records and other documents to the

designated authority under the EPF Act and Scheme framed there under and also to General

Manager, FCI or an Officer acting on his behalf, FCI will be at liberty to withhold the pending

bills, Security Deposit etc., and or any other payments due to the Bidder.

(d) In complying with the said enactments or any statutory modifications thereof, the Bidder

shall also comply with or cause to be complied with the labour regulations enactments made

by the State Govt./Central Govt. from time to time in regard to payment of wages to the

workers, wage period, deduction from wages, recovery of wages not paid and deductions

unauthorizedly made, maintenance of wage book and wage slip, publication of the scale of

wages and other terms of employment, inspection and submission of periodical returns and

all other matters of like nature.

21

(e) Notwithstanding the fact whether the said legislations, enactments or any statutory

modifications thereof, are applicable or not to the employees/workers employed by the

Bidder he shall comply with the following:-

(i) Payment of Wages to Workers:-

The bidder shall pay not less than minimum wages to the workers engaged by them as

notified by the Appropriate Authority from time to time during the currency of contract

period. Where such wages have not been so notified by the appropriate authority, the

wages prescribed by the General Manager (R), as minimum wage shall be made applicable.

The Bidder shall maintain following records and registers as per Minimum Wages Act, 1948

& Central Rules made there under:

Form – I Register of fines.

Form – II Register of deduction for damage or loss caused to employer by the

neglect or default of the employed person.

Form – III Annual return.

Form – IV O.T. Register for workers

Form – V Muster Roll

Form IX A Abstract of the Minimum Wages Act, 1948 & Central Rules to be displayed

on Notice Board.

Form XI Wage slips should be issued to the Contract Labour in a day prior to

disbursement of wages.

The Bidder shall pay equal wages to women labour at par with men for similar

nature of work.

(ii) Weekly off:-

The Bidder shall allow or cause to be allowed to the workers directly or indirectly employed

in the work one day’s rest for six days continuous work and pay wages at the same rate as

for duty.

(iii) Attendance Allowance:-

The Bidder shall pay attendance allowance per day @ 50% of the daily wages notified by the

Ministry of Labour under the Minimum Wages Act from time to time to the regular workers

generally employed by him on piece rate or time rate basis when such worker report for

duty on the day but is not booked or given work for the day shift. Aforesaid wage / benefits

at Clause (vi) (e) (i) to (iii) shall be deemed to be a part of this contract and contravention

thereof shall be deemed to be a breach of this contract. The General Manager shall have the

right to deduct any sum due to the bidder required for making good the loss suffered by a

worker or workers by reasons of non-fulfillment of the condition of the contract for the

benefit of workers, non-payment of wages, or of deductions made from his or their wages

which are not justified or non observation of any of the Regulations/Enactments.

22

(f) Welfare and Health of Contract Labour:

Duties and responsibilities of the Bidder:- The Bidder shall comply with the provisions as

regards canteen/rest room, latrine, urinal, washing facilities, first aid facilities etc as

contained in the Contract Labour (Regulation & Abolition) Act 1970 and other applicable

laws as amended from time to time :

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

months, a rest room is to be provided by the Bidder within 15 days.

(ii) Where 100 or more Contract Labour is likely to continue work for six months, the Bidder

should provide a Canteen within 60 days of employing labour.

(iii) Sufficient supply of drinking water at convenient places to be provided.

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

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

provided by the Bidder.

(vi) First Aid Box (one box for 150 Contract Labour) to be provided in working hours.

(g) (i) Every Bidder whose bid is accepted by FCI shall immediately apply for license to the

prescribed licensing authority through the FCI (principal employer) in terms of Section 12 of

the Contract Labour (R&A) Act, 1970 before entering into any work under the contract. The

Bidder shall also obtain temporary licenses whenever required under Rule 32 of the relevant

Rules in cases where he intends to employ more labour in number than that mentioned in

the regular license for short durations not exceeding 15 days. The Bidder shall also make an

application in Form VII through the principal employer (FCI) for renewal of the expiry of the

regular license as the regular License should be valid for 12 months. The Bidder shall also

get the temporary license renewed whenever necessary through the Principal Employer. If

for any reason, the application for a license is finally rejected by the licensing/appellate

authority, the contract shall be liable to be terminated at the risk and cost of the Bidder and

the decision of the General Manager in this behalf shall be final and binding on the Bidder.

Every Bidder shall also abide by all the provisions of the Contract Labour (R&A) Act, 1970 and

the Rules framed there-under:

(ii) As per Rule 25(2) (VIII), every Bidder shall file a return intimating commencement/

completion of contract work within 15 days to the inspector in Form VI A.

(iii) As per Rule 75, the Bidder shall maintain a Register of workmen Employed in Form – XIII

and he shall also display hours of work, nature of duty etc.

(iv) Employment Card shall be given by Bidder in Form XIV to each worker within 3 days of

employment as per Rule 76.

(v) Every Bidder shall issue a Service Certificate in Form – XV to the workman on termination

of his services as per Rule 77.

23

(vi) As per Rule 82(1), every Bidder shall submit half yearly returns in duplicate in Form-XXIV

to Licensing Officer within 30 days from the close of half year.

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

Inspector as per Rule 81(2).

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

(a) Muster Roll in Form –XVI.

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

(c) Register of Fines in Form- XXI.

(d) Register of Advances in Form – XXII.

(h) The Bidder shall comply with the provisions under the Interstate Migrant Workmen

(Regulation of Employment and Conditions of Service) Act, 1979 if applicable to the labour

engaged under the contract.

(i) The provisions indicated above are not comprehensive; the Bidder shall ensure

compliance of all statutory/mandatory provisions under all the applicable laws, Rules &

Regulations made by the State Govt./Central Govt. from time to time pertaining to the

contract, including all labour laws and the laws as applicable in Bangladesh.

(j) If as a result of the Bidder’s failure to provide any of the statutory benefits under any

labour welfare enactments, the liability falls on FCI , such amounts incurred by FCI will be

recovered from the Bidder without prejudice to the right of FCI such other legal recourse

against the Bidder including termination of the contract.

9. Compliance of Laws

Bidder shall comply with all applicable Rules and Regulations /Enactments /Orders /

Instructions prevailing in the territory of India & Bangladesh as amended from time to time

pertaining to the Contract.

10. Bribe, Commission, Gift etc.

Any Act of bribe, gift or advantage, given, promised or offered, by or on behalf of the Bidder,

or any of their partners/Directors/Agents or officials, or any person on his or her behalf to

any officer, officials, representative or agent of FCI, or any person on his or their behalf, for

showing any favour or forbearing to show any disfavour to any person in relation to the

Contract, shall make this Contract or any other Contract with FCI liable for termination and

the Bidder shall be liable to reimburse FCI of any loss or damage resulting from such

cancellation.

11. Period of Contract

(i) The Contract shall remain in force for a period of three calendar months from the

date of acceptance letter or such later date as may be decided by GM(R), FCI, on the same

terms & conditions.

(ii) The General Manager reserves the right to terminate the Contract at any time

during its currency without assigning any reasons thereof by giving Thirty Days’ Notice in

writing to the Bidder at the notified address and the Bidders shall not be entitled to any

compensation by reason of such termination. The action of the General Manager (Region)

under this Clause shall be final, conclusive and binding on the Bidder.

24

12. Weighment, Counting & Physical examination

(a) At the designated depots at Kolkata, FCI will resort to cent percent weighment and

counting of food grain bags (consignments) in the presence of the authorized

representatives of the Bidder who will also sign in acknowledgement of the weight and

number of food grains bags entrusted to him. This process will be repeated at the

destination in the designated depots/PDCs in Tripura (Tripura) while receiving the cargo

from the Bidder which will also be duly acknowledged by the authorised representative of

the Bidder. The Bidder shall be responsible to deliver the consignee the equivalent weight

and number of food grains bags entrusted to him at the designated Depots in Kolkata. Any

operational gain noticed by way of moisture absorption during voyage, the advantage

thereof will be solely to the benefit of FCI and the Bidder has no right whatsoever any claim

in this regard.

(b) FCI will also undertake the physical examination of the consignments received at the

destination in the presence of the authorized representatives of the Bidder. If any

shortages/damages are found except when the General Manager (whose decision shall be

final) decides that the difference between the weights taken at the despatching and

receiving ends are negligible and is due to discrepancies between the scales, gain/loss due to

moisture or other causes beyond the Bidder’s control, the Bidder shall be responsible for

such loss/damage and FCI shall recover the same from the Bidder and in accordance with

the provisions under this contract.

13. Security Deposit

(i) The Security Deposit furnished by the successful Bidder as per clause 10 of Instructions

to Bidders above will be subject to the terms and conditions of this contract. In case the

Bidder violates any of the terms of the contract or fails to perform the obligations under the

contract it shall be lawful for FCI to terminate the contract at the risk and cost of such Bidder

and to forfeit the Security Deposit or any part thereof for recovery of all losses, damages,

costs and expenses which may be incurred by FCI consequent to such termination and / or in

completing the transportation of the Food grain stocks at the risk & cost of the Bidder. FCI

may also effect recovery from any other sums then due to the Bidder or which at any time

thereafter may become due under this or any other contract with FCI and should this sum

also be not sufficient to cover the full amounts recoverable, the Bidder shall pay FCI on

demand the entire remaining balance due. The decision of the General Manager --- FCI in

respect of such losses, damages, charges, costs and expenses shall be final and binding on

the Bidder.

(ii) The Security Deposit will be refunded to the Bidder on due and satisfactory

performance of the services and on completion of all obligations by the Bidder under the

terms of the Contract, and on submission of a ‘No Dues Certificate’, subject to such

deduction from the security as may be necessary for recovering FCI’s claims against the

Bidder. FCI will not be liable for payment of any interest on the Security Deposit.

(iii) Whenever the Security Deposit falls short of the specified amount, the Bidders shall,

make good the deficit so that the total amount of Security Deposit shall not at any time be

less than specified amount.

25

14. Liability of Bidder for losses suffered by FCI

(a) The Bidder shall be liable for all costs, damages, compensation, fees, charges, levies, and

expenses suffered or incurred by FCI due to the Bidder’s or his employees negligence and/or

unworkman like performance of any services under this Contract, or breach of any terms of

the Contract, or failure to carry out any of the obligations under the Contract. The decision

of the General Manager(R) , FCI regarding such failure of the Bidder and their liability for the

losses, etc. suffered by FCI, and quantum of such losses, shall be final and binding on the

Contactor and FCI is entitled to recover all such losses from the Bidder.

(b) Without prejudice to generality of the foregoing and subject to force majeure , the

parties to this contract treat time as the essence of this contract and it is a further condition

of the Contract that in the event of failure of the Bidder to complete the transportation of

contracted quantity of 10,000 MT of food grains from the designated depots at Kolkata to

the designated depots at Tripura within the stipulated time, the Bidder will be liable to pay

FCI Liquidated Damages @ Rs. 100/- (One hundred) per ton per day which the parties to the

contract having agreed to as reasonable pre-estimate of the losses to FCI arising on account

of such failure.

(c) The Bidder shall provide sufficient number of tarpaulins for each truck and IWT Vessel to

cover the bags of food grains etc. and take reasonable precautions to avoid

wetting/damage/loss to food grains during the transport. In the event of deficiency in

service by Bidder in not providing the tarpaulins for spreading on the decks of trucks /IWT

Vessels for covering the consignment after loading, the Bidder will be liable to pay FCI

Liquidated Damages @ Rs. 100/- (One hundred) per ton per day which the parties to the

contract having agreed to as reasonable pre-estimate of the losses to FCI arising on account

of such failure, without prejudice to any other right or remedies under the contract and law.

(d) Without prejudice to the rights of FCI under sub-clauses (a), (b) & (c) of this Clause, it is a

further condition of the Contract that in respect of any shortage, wastage, loss or damages

to the goods in transit, the Bidder is liable to pay to FCI Liquidated Damages at twice the

average acquisition cost of FCI of the commodity transported, as applicable from time to

time, for all food grain and commodities other than sugar, and thrice the average acquisition

cost as applicable from time to time in respect of sugar, except when the General Manager

(whose decision shall be final) decides that the difference between the weights taken at the

dispatching and receiving ends is negligible and is due to discrepancies between the scales,

gain on loss in moisture, or other causes beyond the Bidder’s control. The parties to the

Contract have agreed that the amount of Liquidated Damages specified above represents a

genuine estimate of the loss likely to be caused to FCI by the shortage, wastage, loss or

damage to the goods in transit. Such recovery of Liquidated Damages shall be effected

without prejudice to the right of FCI to initiate civil/criminal proceedings against the

defaulting Bidders wherever it is suspected that the shortage/losses occurred due to

deliberate/willful omission, theft, misappropriation, irregularities etc. committed by the

Bidders or their representatives/ employees.

26

15. Force Majeure

(a) If either party is prevented, hindered or delayed from or in performing any of the

obligations under the Contract by an event of Force Majeure, then it shall notify the other in

writing of the occurrence of such event and the circumstances there of within 14 (fourteen)

days after the occurrence of such event.

(b) The party who has given such notice shall be excused from the performance or

punctual performance of its obligation under the Contract for so long as the relevant event

of Force Majeure continues and to the extent that such party’s performance is prevented,

hindered or delayed. The Time for completion shall be extended by a reasonable time.

(c) The party or parties affected by the event of Force Majeure shall use reasonable

efforts to mitigate the effect there of upon its or their performance of the contract and to

fulfil its or their obligations under the contract, but without prejudice to either parties’ right

to terminate the Contract.

(d) If the performance of the Contract is substantially prevented, hindered or delayed

for a single period of more than 60 (sixty) days or an aggregate period of more than 120 (one

hundred and twenty) days on account of one or more events of Force Majeure during

currency of the Contract, the parties will attempt to develop a mutually satisfactory solution.

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

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

liquidation or winding up their business or making arrangement with their creditors or failing

to observe any of the provisions, obligations, terms and conditions governing the contract,

the General Manager, FCI shall be at liberty to terminate the contract forthwith and to

realize from the Bidders all resultant losses, damages, costs incurred without prejudice to

any other rights or remedies under the contract and law and to get the work done for the

unexpired period of the contract at the risk and cost of the Bidders.

(b) The General Manager, FCI shall also have, without prejudice to other rights and

remedies, the right in the event of breach by the Bidder of any of the terms and conditions

of the contract, to terminate the contract forthwith and to get work done for the unexpired

period of the contract at the risk and cost of the Bidders and to forfeit the Security Deposit

or any part thereof for recovery of all losses, damages, costs and expenses which may be

incurred by FCI consequent to such termination and / or in completing the transportation of

the Food grain stocks at the risk & cost of the Bidder. FCI may also effect recovery from any

other sums then due to the Bidder or which at any time thereafter may become due under

this or any other contract with FCI and should this sum also be not sufficient to cover the full

amounts recoverable, the Bidder shall pay FCI on demand the entire remaining balance due.

27

(c) The Bidders shall be responsible to engage adequate and sufficient labour/IWT

vessels/trucks and any other transport vehicles for loading/unloading transport and carrying

out all the services under the contract in accordance with the instructions issued by the

General Manager ( R) ,FCI or an officer acting on his behalf. The Bidder may engage

stevedoring, if applicable for carrying out the operations at the port. If the Bidders fail to

engage the requisite number of labour & IWT vessels & trucks the General Manager---FCI

shall at his sole discretion, without terminating the contract be at liberty to make alternate

arrangements to engage labour/IWT vessels/trucks etc. at the risk and cost of the Bidders,

who shall be liable to make good to FCI all additional charges, expenses, costs, damages or

losses that FCI may incur or suffer. The Bidders shall not, however, be entitled to any gain

resulting from entrustment of the work to any other party. The decision of the General

Manager ( R ), FCI in this regard shall be final and binding on the Bidders.

17. Governing Laws and Jurisdiction

This Contract shall be governed by the Laws of India for the time being in force. The courts

at Kolkata shall have exclusive jurisdiction for settlement of any dispute arising out of

execution of this contract.

18. Overrun Compensation

No overrun compensation is payable even in case the project is delayed beyond the reasons

attributable to Bidder.

19. Taxes and Duties:

(i) TDS under Income Tax shall be deducted at prevailing rates on gross invoice value from

the bills of the Bidder.

(ii) All applicable taxes (except Service Tax including Educational Cess and other cess, if any),

charges, royalties, duties, Octroi, any state or central levy and other taxes for materials

obtained for the work and for the execution of the contract shall be borne by the Bidder.

The Bidder shall also be responsible for payment of protocol charges as applicable. The

Quoted rates in the price bid of the bidder shall be inclusive of all such requirements.

20. Payment

Payment will be made by the General Manager, FCI on submission of bills, in triplicate, duly

supported by consignee receipts. The Bidder should submit all the bills not later than 2

months from the date of expiry of the Contract so that the refund of the Security Deposit

may be speeded up. In order to facilitate early disposal of bills the Bidder is advised to

submit bills weekly/fortnightly.

21. Rates

The quoted rates shall remain firm throughout the tenure of the contract and no revision is

permissible for any reason, including on account of revision of statutory / Govt.

levies/charges, protocol rates, taxes, duties, increase in the price fuel etc. All rates shall be

quoted in Indian Rupees any exchange rate risk shall be borne by the Bidder.

28

22. Set–off

Any sum of money due and payable to the Bidder (including Security Deposit refundable to

the Bidder) under this Contract may be appropriated by FCI and set off against any claim of

FCI for the payment of any sum of money arising out of, or under this contract or any other

Contract made by the Bidder with FCI.

23. Certificate of Completion

The work under the contract shall be deemed to have been completed in all respects only

when so certified by FCI. The decision of FCI in this regard shall be final and binding on the

Bidder.

24. Responsibilities of the Bidder

1. Act with Reasonable Diligence: The Bidder shall always be bound to act with

reasonable diligence and prudence while executing the obligations under the

contract.

2. Charting the Movement Plan: The Bidder shall be responsible for charting the

movement plan in advance in consultation with General Manager ---- FCI or an

officer acting on his behalf.

3. Programme of Loading and Transportation: The Bidder shall obtain daily from the

General Manager FCI or any officer acting on his behalf the programme of loading/

transportation of food grains for the next date/day and the particulars of the

number of bags of food grains etc; required to be transported, the place where

the trucks should report for loading etc. and shall provide adequate number of

lorries/trucks and IWT Vessels in good and hygienic condition in accordance with

the programme and shall ensure that the lorries/ trucks etc. are positioned at the

defined loading points as indicated by the General Manager FCI or any officer

acting on his behalf, daily at the time specified.

4. Arranging Transportation within Short Notice: In special cases the Bidder may

also be required at short notice to arrange to transport bags of food grain, sugar

etc. and shall bound to comply with such requests.

5. Nominating Representative: The Bidder shall intimate the General Manager, FCI

and/or Officers authorized to act on his behalf, the name of one or more

responsible representative(s) authorized to act on his behalf in day to day working

of the contract and produce power of attorney to the said effect. It shall be the

duty of those representative(s) to call at the office of the General Manager, FCI or

an officer acting on his behalf, every day and generally to remain in touch, with

them, to obtain information about the programme of arrivals and dispatches and

to report the progress of loading/unloading/transportation and to take

instructions in the matter.

6. Route survey report: The bidder shall submit the route survey report which shall

include the constraints and time-bound action plan for corrective actions to be

taken by the bidder for resolution of those constraints towards transportation en-

route, including total blue print for logistics operation and simulation of

transportation from designated godowns at Kolkata to designated godowns at

Tripura.

29

7. Schedule of IWT Vessels: The Bidder shall firm-up IWT Vessel sailing schedule for

transportation of food grains after carrying out necessary verification of historical

data related to water availability / draft etc. in the rivers, in consultation with

appropriate governmental / non-governmental agencies and submit such schedule

to General Manager, FCI or any other officer acting on his behalf for finalising the

charter of transportation of food grains.

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

traffic systems, regulatory measures, congestions, diversions etc both in land and

waterways.

9. Deployment of Adequate trucks, IWT Vessels and Labour: The Bidder shall be

responsible for deploying adequate and sufficient number of trucks, IWT vessels

and experienced/ skilled labour, stevedoring agents, if applicable, at the

designated depots/port/jetty/transshipment points at Kolkata, Ashuganj, Akhaura,

Tripura and such other places as required for loading, unloading, stacking &

transportation of food grains, cleaning the deck of truck/IWT Vessel where food

grains are loaded and such other auxiliary and incidental works sufficient for

carrying out all services under the Contract in consultation with the General

Manager ( R ), FCI or an officer acting on his behalf.

10. Information on Trucks and ICWT Vessels: The Bidder shall furnish the copies of

the registration certificates and other description of the Trucks/ IWT Vessels used

for transportation of food grains so as to facilitate checking of the same by the

officers/officials of FCI.

11. Documentation: The Bidder after the completion of the loading shall issue a

signed Multimodal Transport Document in the form as appended in Annexure V.

12. Transportation by Trucks and IWT Vessels: The Bidder shall transport by

trucks/IWT vessels to be arranged by him such quantity of food grains etc; as may

be required day to day by the General Manager( R), FCI or an Officer acting on his

behalf.

13. Transportation through Road and Inland Waterways: The Bidder shall transport

the food grains by road taking the trucks to Inland Water Transport (IWT) Ports at

Kolkata where the food grains are unloaded and then loaded directly to the IWT

vessels or stacked at the port through the labour engaged by the Bidder. At the

IWT ports, if need be, the Bidder will associate stevedoring agents.

14. Quantity to be Transported subject to Revision: The quantity mentioned in any

programme of loading given by the General Manager FCI or any other officer

acting or his behalf is liable to be varied at any time by FCI and in that event the

Bidder shall accordingly revise the number trucks required for transportation of

the quantity shown in the revised programme of loading, so also the Bidder shall

vary the number of IWT Vessels and handling labour as per the revised

programme. The Bidder will not be entitled to any damages/compensation

whatsoever for not entrusting him with the quantity of work specified in any

programme of loading issued to him.

30

LOADING

15. Placing Trucks at FCI Depots: The Bidder shall place his trucks at FCI designated

depots at Kolkata to enable FCI to load food grain bags to the trucks with the help

of its labour.

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

trucks / IWT Vessels or any other vehicle shall be worked out on the basis of cent

percent weighment. The representative of the Bidder shall be present at the time

of checking of the weights at the loading/unloading points etc. The General

Manager, FCI will be the sole Authority for determining the quantum of loss which

shall be binding on the Bidder.

17. Loading to be done as per the Regulations: The loading of the food grain stocks

will be restricted to the rated axle load of the commercial vehicles prescribed

under the Motor Vehicles Act and Rules of India & Bangladesh as applicable and as

amended from time to time and the Bidder shall strictly abide by such rules in

regard to loading of vehicles. If any penalty is imposed by any authority or any

action is taken for overloading the vehicle, the Bidder shall be solely responsible

for the same. Any Bidder resorting to overloading of the trucks in violation of the

Rules will be treated as violating the terms & conditions of the Contract for which

his Contract is liable to be terminated. Similarly, loading of IWT vessels shall be

restricted to its registered permissible load carrying capacity.

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

grains, bags containing different qualities of the same food grains, and bags

containing wet/damaged grains, sweepings etc; with bags of sound grains.

TRANSPORTATION

19. Transport through Inland Waterways: The bidder shall load food grains into IWT

vessels and transport to Ashuganj in Bangladesh via IWT mode and arrange

transhipment at Ashuganj where the food grain bags are unloaded, if need be, the

Bidder will associate stevedoring agents and then the consignment is to be loaded

to the trucks or stacked at the IWT port by the Bidders labour. Form Ashuganj the

food grains are to be loaded in the Bangladeshi trucks and to be transported to

Akhaura i.e. the Indo-Bangladesh border where the Bidder will shift the

consignment to another truck which has licence to ply in India by way of truck to

truck operations (Ulta-Palti). The Bidder will then transport the food grains to

designated depots in Tripura (Tripura)/PDCs. The remuneration for stacking of

bags at IWT ports wherever necessary and providing the means of carriage

mentioned above shall be deemed to be included in the contract rates.

20. Safety of Food grains: The Bidder shall be responsible for the safety of the goods/

food grains from the time they are loaded from godowns on to the trucks

deployed by the Bidder until they have been unloaded from the trucks at the

godowns at the final destination as specified in the Contract or as directed by the

General Manager FCI or any other officer acting on his behalf. The Bidder shall

provide tarpaulins on decks of the truck so as to avoid loss of grain, etc. through

the holes/crevices in the decks of the truck/IWT vessel.

31

21. Liability for damage and Loss: The Bidder shall be liable to make good the value of

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

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

delay in the delivery of goods/food grains to FCI due to breakdown of vehicle or its

detention by the police, customs, Tax authorities or other Authority for non-

compliance of any of the Rules and Regulations as per the terms of this contract.

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

loaded in the lorries/trucks/IWT vessels in which the food grains etc. of FCI are

loaded and vice- versa.

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

and non-statutory, auxiliary and incidental charges, levies, duties, Fees, toll,

expenses, protocol charges, cost and expenses of surety bond if insisted by

Bangladesh/India, stevedoring costs etc. levied and incurred in end to end

multimodal transportation of food grains from FCI depot at Kolkata to FCI depot at

Tripura through Bangladesh under IWT protocol route.

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

all clearances and permits from RTO or other concerned authorities from Indian /

Bangladeshi authorities/ various agencies for safe handling & transport of food

grains through IWT waterways and roadways, modification of IWT ports suitable

for food grain handling and ensure compliance of all legal and statutory

formalities, arrange all required safe cargo Handling facilities at port of origin, port

of discharge, transhipment points till safe delivery to the consignee. The Bidder

shall obtain timely customs clearance/ customs formalities at port of origin and

port of discharge and anywhere en-route.

26. Bidder to arrange Security/Escort: The Bidder shall at his expense arrange suitable

Security/Escort/Watch and Ward for monitoring and ensuring the safety and

security of the food grain stocks from the time the stocks are entrusted to the

Bidder till the same is delivered in good condition to the consignee at the

destination.

27. Bidder to ensure safety & preservation of the food grains: The Bidder shall

ensure safety & preservation of the food grains consignments, as required and

advised to him by the General Manager, FCI or an officer acting on his behalf.

28. FCI Inspection: The Bidder shall permit the General Manager, FCI or any other

officer acting on his behalf inspection of any or all operation during transportation,

loading/unloading/transshipment /stacking/lifting etc.

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

necessary material handling facility required for safe and secure transportation,

loading/unloading/transhipment /stacking/lifting etc. of food grains by road /IWT

mode and shall also arrange at his cost tarpaulins, ropes, wooden crates/planks

etc for protecting the food grains from weather / rain, theft, damage etc. right

from receipt of the consignment up to delivery at site and shall cover every

consignment of trucks/IWT Vessels with tarpaulins and bind with ropes. The

bidder shall also spread his own tarpaulins or gunny bags at the loading/unloading

points to avoid wastage and damage. The bidder shall be responsible, if any

loss/damage occurred to the food grains due to his failure to supply adequate

number of tarpaulins or to take reasonable precautions. The decision of the

General Manager, FCI in this matter shall be final and binding on the Bidder.

32

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

damage, loss, theft etc. occurred to the food grains while in the custody of the

Bidder and shall Coordinate damage assessment / certification, reporting, lodging

First Information Report with local governmental authorities, to coordinate with

all concerned including Insurance Surveyor and take all necessary steps at once in

order to secure the rights of Corporation/Insurer.

31. Fitness Certificate of Trucks & Vessels: The trucks/lorries and IWT vessels to be

deployed for transportation of food grains shall have valid fitness certificate from

concerned authorities and required documents issued by government /road /

water transport authorities for the proposed use.

32. IWT Vessels: All IWT Vessels to be put to use by the bidder, shall have all

certificates including sail worthiness certificate, requisite institution of

classes/Marine insurance certificate, and should have requisite permission for

berthing at Indian & Bangladeshi ports.

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

to/from the IWT Vessel. Any demurrage or associated costs due to delay in

loading/unloading to/from the IWT Vessel shall be at the cost & responsibility of

the Bidder.

34. 24 Hours working: Bidder will work round the clock at the port / en-route

anywhere, as required with required manpower having proper experience.

35. Liaison by Bidder: The Bidder will liaise with all Governmental/Non- Governmental

/ Private authorities/agencies in India & Bangladesh for smooth transportation of

food grains, the cost of liaison and coordination with all concerned authorities will

be to bidder’s account.

36. Additional cost: Any non-specific service item, which is necessary for satisfactory

completion of the work under the scope of this contract but not specified here,

shall be deemed to be included in the contract at no additional cost.

37. Risk and Responsibility on Bidder: Bidder shall own all risks and responsibility

from the time of taking over the food grains /consignment from the designate

depots at the place of origin to the designated depots at the destination till the

same is received and taken over by FCI.

38. Progress Reporting by Bidder: Bidder shall report the progress of transportation

in writing to General Manager FCI or any other officer acting on his behalf. Bidder

shall submit daily progress report indicating the receipt / dispatch status at port /

storage facility / movement status of IWT Vessels, constraints if any, etc.

39. Documentation by Bidder: Bidder should be well conversant about the procedure

& documentation requirements for such works under the contract and shall be

responsible for all documentation pertaining to the contract whatsoever.

40. Emergency Handling: Bidder shall furnish their Emergency preparedness /

contingency arrangement for rescue/recovery from any disruption of journey

during transportation by road/ IWT mode.

33

41. Insurance

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

Insurance Policy in favour of Food Corporation of India against all losses and

damages, covering the total project under this contract and furnish such insurance

policy to FCI before commencement of the work under this contract.

(b) Notwithstanding the provision of the Insurance Policy, FCI reserves the right to

proceed against the Bidder exclusively for any claims arising out of this Contract.

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

policy/covering his men and material. The Bidder shall be liable for settlement of

third party claims and claims by his employees/men engaged under the contract

without any liability to FCI.

42. Staff Expenditure: The bidder shall arrange food, accommodation, transportation

etc of his own and his sub-Bidder’s staff and workers.

43. Vehicle Risk on Bidder: The bidders will operate their vehicles entirely at their risk

and FCI will not be held responsible for any damage to the vehicle/Men/third

party while transporting the food grains of FCI or when parked in or around the

FCI premises. The Bidders will make their own arrangements at their cost for

proper parking of their vehicles.

44. Statutory Responsibility and Liability on Bidder: The contract as entered into

between FCI and the Bidder shall in no way nullify, reduce, mitigate or absolve the

parties of any responsibility, obligation or liability that may devolve upon them

under any statutory/mandatory provisions prevailing in India and Bangladesh and

pertaining to the contract. Liabilities of the Bidder according to obligatory laws

remains unaffected and Bidder will remain responsible for settlement of claims of

third parties which have suffered damage either due to the Bidder, his employees

and associates.

45. Bidder Responsible for conduct and loss of its employees: The Bidder shall be

responsible for the good conduct of their employees / labour and shall

compensate FCI for losses arising from neglect, carelessness, want of skill or

misconduct of bidder his servants, agents or representatives. He shall deploy only

trained & licensed driver(s), for the purpose intended.

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

removal of any employee of the Bidder, who in the opinion of FCI is hampering the

smooth execution of the work. The decision of FCI regarding losses caused by

neglect and misconduct etc; of the Bidder, his servants or agents or

representatives shall be final and binding on the Bidder.

47. No wastage or damage to food grains: The Bidder shall take adequate steps and

necessary precautions to avoid wastage and damage to the food grains etc; during

the loading/unloading/transportation of food grains.

34

48. Bidder to provide equipments: The Bidder shall at his cost provide planks, ladders

and all other required facilities/equipments for the purpose of loading/unloading/

stacking into/from trucks/IWT vessels. No filled bags (with grains etc ;) shall be

used in the operation.

49. No large Hooks while handling: The Bidder shall ensure that his workers do not

use large hooks for handling food grains bags or any hook for handling flour, sugar

and fertilizer bags at any stage. The Bidder may supply small regulation size hooks

approved by the General Manager to his workers for handling food grains bags.

The use of hooks other than those approved by the General Manager, FCI or an

Officer acting on his behalf, for handling food grains or flour, sugar and fertilizer

will render the contract liable to cancellation. The Bidder shall also be liable to

make good to FCI any losses caused by the use of unauthorized hooks. The

decision of the General Manager regarding such losses shall be final and binding

on the Bidder.

50. Cleaning: The Bidder shall be responsible for the cleaning of the interior and

loading deck of trucks and IWT vessels at his cost prior to loading of food grains to

the satisfaction of the FCI officer(s) supervising loading/despatches.

51. Incidental Service Free: The Bidder shall be responsible for performing all the

services detailed in and arising out of and incidental/auxiliary to this contract and

in contingencies even during night without any additional remuneration whenever

required by the General Manager or an Officer acting on his behalf.

52. Bidder liable for Loss Damage due to Negligence or breach of contract: The

Bidder shall be liable for all costs, damages, charges and expenses suffered or

incurred by FCI due to the Bidder’s negligence and unworkman like performance

of any service under this contract or breach of any terms thereof and for all

damages or losses occasioned to FCI. The decision of the General Manager

regarding such failure of the Bidder and his liability for the losses etc suffered by

FCI shall be final and binding on the Bidder.

53. Signboards display: The Bidder shall display prominently on his trucks /IWT

vessels two or more signboards as prescribed by FCI painted in black and white

indicating that the stocks carried therein belong to the Food Corporation of India.

No extra remuneration, whatsoever will be payable for displaying such signboards.

54. The bidder shall at his cost make necessary arrangements for Quarantine of the

food grain consignments at Bangladesh or India, as the case may be, if needed.

35

DECLARATION

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

& conditions thereof.

I/ We have carefully perused the entire bid documents connected with the above

specification and agree to abide by the same.

I/We, hereby declare and confirm that we are well conversant

of the route and the conditions from the designated Depots at Kolkata to the designated

depots at Tripura through IWT via Ashuganj in Bangladesh and visited and assessed the

route conditions, facilities etc.

I/We, further confirm that I/we have not changed/tampered the tender document

downloaded from the FCI’s website (www.fciweb.nic.in) and in case any change from the

tender document published in the website is detected at a later date in the signed copy of

the same submitted by us along with the offer, the same shall be null and void and the

original terms and conditions of the tender as published in the above mentioned FCI website

shall prevail.

I/we, further certify that Sri is authorised to represent on

behalf of me/us for the above mentioned tender and a duly constituted power of attorney

to this effect is also enclosed.

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

document.

I/We, further agree to execute all the works referred to in the bid documents upon the

terms and conditions contained or referred to therein.

Date : Name and Sign. of the Tenderer:

Place: Address:

Witnesses with address

Signature

Name

Address

1.

2.

36

ANNEXURE – I

Protocol on Inland Water Transit and Trade

37

38

39

40

41

42

43

44

45

ANNEXURE – II

Copy of the minutes of meeting of the Competent Authorities of India & Bangladesh on

fixation of common freight rate

46

ANNEXURE – III

Proforma of Bank Guarantee of Security Money Deposit

(TO BE EXECUTED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

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

We (NAME OF BANK) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the FCI. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, the Bank’s liability under this guarantee shall be restricted to an amount not exceeding Rs (Rupees only).

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

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

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

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

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

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

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

Dated the day of for (NAME OF THE BANK)

47

Information about the Bidders & list of documents

ANNEXURE – IV

1. Name & permanent address of the bidder, email id & contact No.

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

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

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

5. Furnish Income Tax PAN of the Bidder(copy to be enclosed) 6. Furnish Service Tax Registration No. (copy to be enclosed) 7. Furnish Part (A)- Technical Bid with Notice Inviting Tender, Bid

Document, all its annexures and supporting documents.

8. Furnish Demand Draft for Rs. 1000/- drawn on any Scheduled Bank in India in favour of Food Corporation of India payable at Kolkata towards cost of Bid Document.

9. Furnish Demand Draft for Rs. ………… drawn on any Scheduled Bank in India in favour of Food Corporation of India payable at Kolkata towards Earnest Money Deposit.

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

11. Furnish documentary proof and experience certificate evidencing experience in multimodal transportation of bagged/ bulk cargo through road & Inland waterways, under Indo-Bangladesh IWT Protocol route having executed in any of the immediate preceding five financial years work of value at least 10% of the estimated contract value in one single contract

or 50% of the estimated contract value in different contracts. Note: experience certificate issued by the client organisations to be produced indicating the date of award of contract, tenure of the contract, contract value, nature of work executed, location of the project, date of completion of contract, No. of IWT Vessels deployed, the details of contract labour deployed etc.

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

13. Furnish Power of Attorney of person signing the bid. 14. Furnish Certification of Registration as a Multimodal transport operator

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

15. Furnish Emergency preparedness / contingency arrangement for rescue/recovery from any disruption of transportation of commodity by road/ IWT mode.

16. Furnish total blue print for logistics operation and simulation of transportation from designated godowns at Kolkata to designated godowns at Tripura.

48

17. Furnish proof of having control over at least 10 IWT Vessels having loading capacity of at least 650-1200 MT licensed to operate in the Indo- Bangla IWT protocol route with valid survey certificate, possessing sea worthiness certificate, by way of ownership/lease/charter/declaration from the owner of the vessel in favour of the bidder indicating his willingness to provide the vessel to the Bidder for undertaking this contract, if awarded.

18. Furnish proof of having control over at least 30 trucks each at Kolkata, Ashuganj & Tripura by way of ownership/lease/ declaration from the owner of the truck in favour of the bidder indicating his willingness to provide the truck to the Bidder for undertaking this contract, if awarded. ( separate proof to be furnished for Kolkata, Ashuganj & Tripura)

49

Annexure - V

MULTI-MODAL TRANSPORT DOCUMENT

Consignor Food Corporation of India

Consignee: Food Corporation of India

MTD NUMBER --------------------------

SHIPMENT REFERENCE No.------------------

(Name and address of the MTO with MTO Registration Number)

Notify address

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

Place of

acceptance

Date of

acceptance

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

Place of delivery

Date or period of

delivery (as expressly

agreed upon by the

consignor and MTO

Modes means of transport

Route /place of transhipment (if any)

Container No(s)

Marks & number

Number of packages, kind of packages, general

description of goods

Gross

Weight

Measurement

Particulars above furnished by consignee/consignor

Freight amount

Freight payable at

by consignor

Number of Original MTD

Place and Date of issue

Other particulars(if any)

Weight and

measurement of container Not to be

included

For

(Authorised signatory)

50

Special Conditions Governing Multimodal Transport Document (MTD).

1. Definitions

(a) "Carrier" means the Contractor/Bidder whose bid has been accepted by the Consignee for transporting for hire goods by road, and inland, waterways or sea;

(b) "Consignee" means the Food Corporation of India.

(c) " Consignment" means the food grains entrusted to a multimodal transport operator for multimodal transportation;

(d) "Consignor" means the Food Corporation of India.

(e) "Delivery" means - Delivery at FCI Godowns at Tripura, Tripura or such other place as directed by FCI.

(f) "Goods" means – “Bagged food grains”

(g) "Multimodal Transportation” means carriage of goods by road and inland waterways in

India and Bangladesh from FCI godowns in Kolkata to FCI godowns in Tripura, Tripura through road and inland waterways in India and Bangladesh under the Protocol on Inland Water Transit & Trade between India and Bangladesh (PIWT&T);

(h) "Multi-modal Transport Contract " means a contract entered into by the FCI and the successful bidder for multimodal transportation of food grains from FCI Depots at Kolkotta to FCI Depots at Tripura by road and inland waterways under PIWT&T;

(i) "Multimodal Transport Operator (MTO): " Means any persons who:-

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

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

2. Effect of issuance of Multimodal Transport Document (MTD):

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

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

51

(c) By the issuance of the MTD the Multimodal Transport Operator;

(i) undertakes to perform and /or in his own name to procure performance of the multimodal transport including all services which are necessary to such transport from the time of taking the goods in charge to the time of delivery, and accepts responsibility for such transport and such services to the extent set out in these conditions and the Multimodal Transport Contract;

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

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

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

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

(vi) assumes full liability for delay in delivery of the goods and undertakes to pay compensation.

3. Reservations

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

4. Evidentiary effect of the Multimodal Transport Document:

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

5. Guarantee by the consignor:

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

52

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

6. Dangerous goods

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

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

(i) The consignor shall be liable to the Multimodal Transport Operator for all loss resulting from the shipment of such goods; and

(ii) The goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.

(c) The above provisions may not be invoked by any person if during the Multimodal Transport he has taken the goods in his charge with knowledge of their dangerous character.

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

7. Period of responsibility

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

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

(i) the consignor or a person acting on his behalf ;

(ii) an authority or other third party to whom, pursuant to law or regulations applicable at the place of taking charge the goods, must be handed over for transport;

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

(i) by handing them over to the consignee; or

(ii) by placing them at the disposal of the consignee in accordance with the Multimodal Transport Contract or with the law or with the usage of the particular trade applicable at the place of delivery; or

53

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

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

8. Basis of liability

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

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

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

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

(a) Such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the consignee or at the place and time when, in accordance with the contract of Multimodal Transport, they should have been so delivered.

(b) The value of the goods shall be determined according to the Clause 14 (d) of the Multimodal Transport Contract.

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

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

54

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

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

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

12. Delivery / non-delivery:

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

13. Notice of loss, damage or delay:

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

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

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

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

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

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

55

14. Freight and charges:

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

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

15. Hindrances etc. affecting performance:

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

16. Limitation of action:

Any action relating to Multimodal Transport under these conditions shall be time-barred if judicial proceedings have not been instituted within a period of three year after:

(1) The date of delivery of the goods, or

(2) The date when the goods should have been delivered, or

(3) The date on and from which the party entitled to receive has the right to treat the goods as lost.

(Signature & Seal)

56

PART – B

PRICE BID

57

Description of work

Rate(Inclusive of all Taxes & levies, excluding Service Tax)

Multimodal contract for Handling & Transportation of bagged food grains of 10,000 MT (Approx.) from designated Depots at Kolkata to designated Depots at Tripura (Tripura) by Road and Inland Water Transport mode through India and Bangladesh. Placing required number of trucks as per movement schedule at FCI designated depots at Kolkata, transportation of food grains by road from designated depots at Kolkata taking the trucks to Inland Water Transport (IWT) Ports at Kolkata where the food grains are unloaded, loading food grains in double gunny bags directly to the IWT vessels or stacking at the port through the labour engaged by the Bidder. At the IWT ports, if need be, the Bidder associates stevedoring agents. Loading food grains into the IWT vessels and transportation to Ashuganj in Bangladesh via IWT mode, Transhipment at Ashuganj where the food grain bags are unloaded, if need be, the Bidder associates stevedoring agents, the consignment is loaded to the trucks or stacked at the IWT port. From Ashuganj the food grains are loaded in the Bangladeshi trucks and transported to Akhaura i.e. the Indo-Bangladesh border where the consignment is shifted to another truck which has licence to ply in India by way of truck to truck operations (Ulta- Palti). The food grains are then transported to designated depots in Tripura/PDCs. While undertaking the transportation by road / IWT the food grains are to be secured by covering the same with good quality tarpaulins and fastening with ropes.

Internal movement of food grain bags using hand carts, trolley, head load etc at the IWT port areas, transhipment locations and such other places during the transit of cargo from designated depots at Kolkata to designated depots at Tripura shall be

(In figures)

(Rs……………/ MT)

(In words)

(Rs………/MT)

PRICE BID

From… (Full name & address of the tenderer)

To

THE GENERAL MANAGER (West Bengal),

FOOD CORPORATION OF INDIA

6 ROYD STREET, KOLKATA 700016.

Dear Sir,

I/We submit the PRICE BID of the Tender for appointment of handling & transport

Bidder for multimodal contract for transportation of food grains from Kolkata to Tripura by

road & inland water transport mode.

2. I/We have thoroughly examined and understood all the terms & conditions as

contained in the Bid document, invitation to tender, and its annexures and agree to abide by

them.

3. I/We offer to work at the following rates inclusive of all taxes, duties, cess etc.,

excluding service tax.

58

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

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

The costs, charges, levies, taxes, duties, cess, fees, expenses, toll, protocol charges, cost and expenses of surety bond if insisted by Bangladesh/India, Shed charges, Wharfages/lighterage charges, Port/Custom overtime charges, Vessel overtime charges, Crane charges, Barge charges, Berth Hire charges, IWT freight, Insurance charges, demurrage/despatch etc. at the loading and unloading ports at and all expenses and costs whether statutory / non statutory, incurred in execution of this contract and incidental thereto shall be borne by the bidder at his cost. However, Loading into the trucks at the designated depots at Kolkata and unloading from the trucks at the designated depots at Tripura will be performed by FCI at its cost through the labour engaged by FCI.

Note:

1. If there is any discrepancy in the amount entered in words & figures the Price Bid will be

treated as non-responsive and will be summarily rejected.

2. All rates are to be indicated in Indian Rupees only.

3. The quoted rates shall remain firm throughout the tenure of the contract and no revision

is permissible for any reason, including on account of revision of statutory /Govt. levies/

charges, protocol rates, taxes, duties, increase in the price fuel etc.

Yours faithfully,

(Signature of tenderer)