THE FOOD CORPORATION OF INDIA

REGIONAL OFFICE: PATNA -800001

Ref.No.: S&S 1(1)/2013/OMSS(D)/BC-2013 Dated: 25.09.2013.

Tender for Sale of Wheat under OMSS(D)

Sealed Financial bids in prescribed tender form available at FCI,RO,PATNA/Website

http://fciweb.nic.in with requisite EMD are invited from empanelled bulk consumers/buyers on

30.09.2013 for sale of 2.00 LMT wheat lying at FSD,Dighaghat 6000 MT, Phulwarishari 30,000

MT, Mokama 28,000 MT,Buxar 15,000 MT,Gaya 36,000 MT, CWC Mohania 3000 MT,SWC

Sasaram 3000 MT,CWC Dehri-on-sone 2000 MT,NRPA, Muzaffarpur 15,500MT, Brahmpura

3000 MT, CWC Samastipur 8000 MT, FSD Sharsa 5000 MT, Jaianagr 4000 MT,SWC Chapra

2500MT, FSD Chapra 2500 MT, CWC Siwan 5000 MT,ARDC Hajipur 2000 MT, SWC Motihari

4000 MT, SWC Betttiah 3000 MT, FSD Katiahar 2500 MT, CWC Katiahar 2500 MT, CWC

Kishangaj 5000 MT ,SWC Forbesganj 3000 MT, SWC Gulabbagh 3000 MT, Supaul 2500 MT,

FSD Madhepura 2000 MT and CWC Madhepura 2000 MT depots of Bihar of crop years 2010-11,

2011-12 and 2012-13 on “AS IS WHERE IS BASIS” only up to 3.00 pm (opening at 3.30 pm) at

FCI,RO,PATNA for the month of September’ 2013 subject to availability of stocks. The reserve

price of wheat is Rs. 1638/- per qtl. exclusive of taxes. Stocks of previous crop years will be issued

on priority.

GENERAL MANAGER (R)

THE FOOD CORPORATION OF INDIA.

REGIONAL OFFICE::PATNA-800 001

Ref.No.: S&S 1(1)/2013/OMSS(D)/BC -2013 Dated: 25.09.2013

To

Sl.No Name of Parties Sl. No Name of Parties

1. Jaya Nutritions(P) LTD. Simli Murarour, Noorpur Maila

Khanda, Didarganj, Patna City 800009.

2. M/s Ambey Agro Industries Ltd.

A-3 Patiputra Industrial Area.Patna-800013.

3.

M/s Banke Behari Foods (P) Ltd.

Digha , Patna.-800011.

4. Hariyana Trading Co. , Marketing Yard S.SF/1, Gulabagh,

Purnea.

5. M/s Vaishali Flour Mills,

Nasriganj, Bataganj, Patna.-800018

6. Maruti Nandan Food Products Pvt. Ltd. Rukunpura, Bailey

Road(Nera singh petrol pump), Bihar Dalit Vikas Samity,

Patna.-800014.

7. M/s Sita Flour Mills (P) Ltd.

Donar Industries Area, Darbhanga-846009.

8. M/s Mithila Flour Mills. Darbhanga.846009.

9. M/s River Valley Flour Mills.Pvt.Ltd., Industrial Area,Hajipur,

Distt. : Vaishali.

10. M/s Danapur Flour Mills.

Nasriganj, Danapur, Patna.-800012.

11. M/s Gupta Nutritions.Pvt.Ltd.,

Nasriganj, Patna.-800012

12. Sone Hardeo Flour Mills Pvt. Ltd. At+p.: Lohana Chakki, P.S.

Brampur Buxar, Bihar.

13. M/s Bijay Roller Flour Mills (Pvt) Ltd. Regd. Office 412, N.P.

Center New Dakbanglow Road, Patna-800001.

14. Jodhani Foods Pvt. Ltd. , A.C. Ghosh Road, Kharmanchak,

Bhagalpur.-8120001

15. M/s Kali Roller Flour Mills (Pvt) Ltd. Tatma Toli Purnea, Bihar-

854301

16. M/s Puja Food products Ltd. Dighaghat. Patna-800011.

17. M/s Kali Agro Flour Mills (Pvt) Ltd. Tatma Toli Purnea, Bihar-

854301

18. Oswal Agro Food , 33/C, Patal Babu Road, Bhagalpur, Bihar.

19. Bishnu Flour Mill Pvt. Ltd. , Katihar 20 ITC. Ltd. Virginia House 37, J. L. Neharu Road,

Kolkata-71

21 Laxmi Wheat Porduct Pvt. Ltd. 2nd Industrial Area

Harpuralloth, Dstt. Samastipur.

22 Britania Industries Ltd., 15 Tara Tola Road,

Kolkata.-88.

Sub: Tender Notice (for open sale of wheat) to empanelled Bulk buyers:-reg.

Ref: Our tender notice of even no. Dated 25.09.2013/to be floated in the New Papers on 26.09.2013.

Dear Sirs.

As intimated vide our tender notice stated above to be published also in News papers on 26.09.2013, you are hereby

requested to submit your tenders/price bids along with Earnest Money Deposit in this office up to 3.00 pm on 30.09.2013 for

purchase of earmarked wheat (Crop year 2010-11, 2011-12, 2012-13 and 2013-14) stocks of 02.00 LMTs for the month of

Sep’2013 lying in FCI base depots, wheat lying at at FSD,Dighaghat 6000 MT, Phulwarishari 30,000 MT, Mokama 28,000

MT,Buxar 15,000 MT,Gaya 36,000 MT, CWC Mohania 3000 MT,SWC Sasaram 3000 MT,CWC Dehri-on-sone 2000

MT,NRPA, Muzaffarpur 15,500MT, Brahmpura 3000 MT, CWC Samastipur 8000 MT, FSD Sharsa 5000 MT, Jaianagr 4000

MT,SWC Chapra 2500MT, FSD Chapra 2500 MT, CWC Siwan 5000 MT,ARDC Hajipur 2000 MT, SWC Motihari 4000

MT, SWC Betttiah 3000 MT, FSD Katiahar 2500 MT, CWC Katiahar 2500 MT, CWC Kishangaj 5000 MT ,SWC

Forbesganj 3000 MT, SWC Gulabbagh 3000 MT, Supaul 2500 MT, FSD Madhepura 2000 MT and CWC Madhepura 2000

MT of Bihar Region subject to availability of stock after keeping requirements of TPDS allocations.. You may obtain tender

form from FCI, Regional Office, Patna on cash payment of Rs. 500.00 plus applicable taxes (Not refundable) between

26.09.2013 to 30.09.2013 upto 2.30 PM on all working days. The aforesaid tender form can also be downloaded from FCI

website http://fciweb.nic.in and in that case, the cost of down loaded form of Rs. 500.00+taxes applicable should also be

deposited to this office by a separate Demand Draft. You have to submit all required valid upto date documents in support of

their qualification as bulk consumers of wheat as per Appendix-I of the tender form alongwith financial bids in support of

continuation of your current validity of empanelment. If validity of documents shall be not up to date your bids will be

summarily rejected.

The detailed terms and conditions are available in the tender form. However the following guidelines / instructions

may also be followed strictly in this connection:-

1) You may quote your price bids / tenders for a minimum quantity of 100 MT and maximum 3500 MTS

2. The price bids / tenders will be opened on the same date i e. on 30.09.2013 at 3.30 PM in the presence of the

tenderers / authorized representatives.

3. The reserve floor price of wheat for the month of Sep’2013 is Rs. 1638/-per Qtl. and therefore you are to quote your

price in the tender / price bids over and above this floor price. If any lower price is quoted, the price Bids concerned

will be summarily rejected.

4. In addition to cost of wheat, you will be required to deposit 1% VAT and 3% additional tax on approved rate of

wheat stocks allotted for sale.

5. The EMD deposit as well as cost of tender form in case it is downloaded from FCI website, should be deposited in

the shape of Demand Draft / DCR / Bankers cheque of Scheduled / Nationalized Bank purchased in favour of

“General Manager. Food Corporation of India” payable at Patna. The EMD will be calculated@10% of the cost

of the stocks intended to be purchased at the reserve price fixed by FCI.

6. Under Open Market Sale scheme (Domestic) of Govt. of India. All the offered bids / rates will be examined by FCI

and approval may be given at its discretion. The FCI reserves the right to either accept or reject any or all

tenders/price bids received.

7. The price approved by the FCI for sale of wheat stocks under above scheme will be valid up to 29.10.2013 only.

8. The allotted stocks will be sold on “as is where is basis” without paying any transportation or handling costs.

This issue with approval of the C.A.

1. You are also directed to furnish the Audited Profit & Loss A/c and Balance Sheet for the FY 2012-13 on or

before 30.09.2013 failing which your tender will not be entertained & your empanelment will be treated as

cancelled.

Yours faithfully.

General Manager(R)

Copy to :

1. The ED (East)

FCI, ZO (E), Kolkata – 71

2. The GM (sales),

FCI, Hqrs.,New Delhi General Manager(R)

MODEL TENDER FORM FOR SALE OF WHEAT TOBULK CONSUMERS/TRADERS UNDER OMSS (D)

FOOD CORPORATION OF INDIA REGIONAL OFFICE: PATNA

TENDER NO. S&S-1(1)/2013/OMSS(D)/BC-2013 Dated:25.09.2013 ORIGINAL DUPLICATE Cost : Rs.500/-. Plus applicable taxes SIGNATURE OF ISSUING AUTHORITY

(SEAL) MONEY RECEIPT NO._______________ Dated : NON TRANSFERABLE TENDER FORM ISSUED IN DUPLICATE. ORIGINAL BE RETURNED INTACT WHILE SUBMITTING QUOTATIONS. DUPLICATE BE RETAINED BY THE TENDERER. INVITATION TO TENDER AND INSTRUCTIONS TO TENDERERS FOR DISPOSAL OF FOODGRAINS

LYING IN FSD,Dighaghat 6000 MT, Phulwarishari 30,000 MT, Mokama 28,000 MT,Buxar 15,000

MT,Gaya 36,000 MT, CWC Mohania 3000 MT,SWC Sasaram 3000 MT,CWC Dehri-on-sone

2000 MT,NRPA, Muzaffarpur 15,500MT, Brahmpura 3000 MT, CWC Samastipur 8000 MT, FSD

Sharsa 5000 MT, Jaianagr 4000 MT,SWC Chapra 2500MT, FSD Chapra 2500 MT, CWC Siwan

5000 MT,ARDC Hajipur 2000 MT, SWC Motihari 4000 MT, SWC Betttiah 3000 MT, FSD

Katiahar 2500 MT, CWC Katiahar 2500 MT, CWC Kishangaj 5000 MT ,SWC Forbesganj 3000

MT, SWC Gulabbagh 3000 MT, Supaul 2500 MT, FSD Madhepura 2000 MT and CWC

Madhepura 2000 MT. TENDER SCHEDULE

(A) LAST DATE FOR SALE OF TENDER FORMS UPTO 14.30 HRS ON 30.09.2013 ON ALL WORKING DAYS. (B) DATE OF RECEIPT OF TENDERS UPTO 15.00 HRS ON 30.09.2013. (C) DATE OF OPENING OF FINANCIAL BIDS AT 15.30 HRS ON 30.09.2013 AT FCI REGIONAL OFFICE PATNA. (D) DATE FOR KEEPING THE OFFER OPEN FOR ACCEPTANCE UPTO 29.10.2013. NOTE: All the tenders shall remain open for acceptance upto 29.10.2013. The General Manager,FCI,Patna also reserves the right to extend this period by another 15 days and such extension shall be binding on the tenderers. However, no such extension willbe allowed when the auction is conducted through an electronic platform. If any of the aforesaid date(s) is declared to be a holiday, the tender forms shall be sold/ received/ opened and kept for acceptance on next working day following the closed day/ holiday. Food Corporation of India

reserves the right to reject any or all tenders and scrap the tender enquiry without assigning any reasons, at any stage, without any liability. ____________________ _______________________ TELEGRAPHIC ADDRESS PHONE: TELEX: FAX NO: (SIGNATURE OF TENDERER)

FROM: The General Manager, Food Corporation of India, Regional Office, Patna. TO: ___________________ ___________________. Sir, On behalf of the Food Corporation of India, General Manager, Patna invites sealed Tenders for disposal of foodgrains lying at FCI Depot FSD,Dighaghat 6000 MT, Phulwarishari 30,000 MT, Mokama 28,000 MT,Buxar 15,000 MT,Gaya 36,000 MT, CWC Mohania 3000 MT,SWC Sasaram 3000 MT,CWC Dehri-on-sone 2000 MT,NRPA, Muzaffarpur 15,500MT, Brahmpura 3000 MT, CWC Samastipur 8000 MT, FSD Sharsa 5000 MT, Jaianagr 4000 MT,SWC Chapra 2500MT, FSD Chapra 2500 MT, CWC Siwan 5000 MT,ARDC Hajipur 2000 MT, SWC Motihari 4000 MT, SWC Betttiah 3000 MT, FSD Katiahar 2500 MT, CWC Katiahar 2500 MT, CWC Kishangaj 5000 MT ,SWC Forbesganj 3000 MT, SWC Gulabbagh 3000 MT, Supaul 2500 MT, FSD Madhepura

2000 MT and CWC Madhepura 2000 MT (Details of depot-wise quantity offered as per Appendix-V ) in FCI different District on as is where is basis only from bulk consumers/ traders of wheat empanelled by FCI on due submission of documents, as given in Appendix-I, The terms and conditions governing the sale are given in Appendix-II. The instructions to be followed for submitting the tender are set out below: - 1. The Non transferable tender forms may be obtained from the office of the General Manager (Region), FCI, Regional Office Patna on payment of Rs. 500/- (plus applicable taxes) within the stipulated period. Tender forms may also be downloaded from the FCI website www.fciweb.nic.in, in which case, the cost of the tender form (Rs. 500/- plus applicable taxes) shall be enclosed along with the Financial bid by way of DD payable at Patna in favour of “GENERAL MANAGER, FOOD CORPORATION OF INDIA”. Payment for tender form can also be made electronically through RTGS/NEFT into A/c No.11049780797 (IFSC Code SBIN0000152). In case, payment of MTF is made through RTGS/NEFT, then tenderer has to ensure that such payment reaches FCI account before the scheduled time.

2. EARNEST MONEY DEPOSIT (EMD): Tender shall be accompanied by EMD calculated @ 10% of the cost of stocks intended to be purchased at the reserve price fixed by FCI.

3. INSPECTION OF STOCKS: The stocks may be inspected by the tenderers on the authority of this tender form at the godown(s)/ depot (s) from where the stocks have been offered on any working day.

4. SIGNING OF TENDERS:

Person signing the tender should state in what capacity he is signing the tender i.e. sole proprietor, or partner of a firm, or as Secretary, Managing Director etc. of a limited Company. In case of partnership firm, the tender must be signed by all the partners. The person(s) signing the tender form or any other documents forming part of the tender on behalf of another person shall produce a proper Power of Attorney duly executed in his favour stating that he has authority to bind such other person(s) in all matters pertaining to the contracts. If the person signing subsequently fails to produce the said Power of Attorney within reasonable time, the Food Corporation of India may without prejudice to other Civil and Criminal remedies cancel the contract and hold the signatory liable for all costs and damages. The Power of Attorney should be signed by all partners in the case of partnership firm and in the case of Limited Companies, the Common Seal of the Company should be affixed.

5. SUBMISSION OF TENDERS: (A) This tender document, along with Notice Inviting Tender (NIT), the Appendices and Annexures, duly signed on every page, are to be submitted in a sealed envelope addressed to the General Manager, Food

Corporation of India RO Patna, superscribing on the envelope, the tender number and the last date of submission. Tenders will be received upto 15.00 hrs. on 30.09.2013. Tenderers wishing to deposit their

quotations by hand should also deposit them in the Tender Box, provided for the purpose, not later than 15.00 hrs. on 30.09.2013. Tender submitted after 15.00 hrs. on the scheduled date will not be considered.

(B) The tenderers shall submit his/her Financial Bid (in Appendix-IV) separately for each depot. The rate quoted in the financial bid shall be exclusive of applicable taxes. The tenderer is not allowed to quote more than one rate for a particular Depot. If a tenderer quotes more than one rate for a particular Depot, his/her offer for that particular Depot(s) shall be treated as invalid. Each Financial Bid shall be for a minimum quantity of 100 tonnes and total quoted quantity for all Depot(s) put together in a single tender shall not exceed 3500 tonnes. Bids for quantities less than 100 tonnes and more than 3500 tonnes would be rejected summarily. (C) The tender form should be filled in by the tenderer (s) neatly and accurately. Any alterations, erasures or overwriting would render the tender invalid unless such erasures or overwriting are neatly carried out and duly attested and signed by the tenderer. (D) No opportunity shall be given to the tenderers to modify or withdraw the tenders at any stage during the validity period. (E) The conditional tenders are liable to be rejected. 6. ACCEPTANCE OF TENDERS:

The Bidder should quote the rates at or above the reserve price. For acceptance of tender, each depot shall be treated as a separate unit. For each depot, first the quantity as quoted by H-1 will be approved at H-1 rates. Then the quantity as quoted by H-2 will be approved at H-2 rates. This process will continue till the full depotwise quantity offered is exhausted. In case of similar rate being quoted by multiple tenderers at any stage i.e. H1, H2…etc, the available quantity (if less than the total bid quantity) shall be accepted on pro rata based on quantity offered in those bids.

The contract, if any, which may eventuate from the tender, shall be governed by the conditions as mentioned in the tender document, its Appendices and Annexure, Notice Inviting Tender and Acceptance Letter. The acceptance of the tender by the General Manager or an officer authorized by him on his behalf shall constitute the Agreement between the tenderer and the Food Corporation of India and no separate Agreement shall be required to be executed after the issue of the Acceptance Letter. The successful tenderer will be intimated about the acceptance of his offer by way of letter/ FAX/ e-mail. For the purpose of deposition of cost of stocks and lifting of stocks, the date of communication of acceptance shall also be counted.

7. SECURITY DEPOSIT (SD): Security Deposit (SD) shall be 10% of the cost of the stocks accepted by FCI calculated at the reserve price. On acceptance of tender, Security Deposit amount shall be retained by FCI by conversion of equivalent amount of EMD. Security Deposit shall carry no interest. Excess amount if any, shall be refunded to the party.

8. PAYMENT OF THE COST :

The successful tenderer(s) shall deposit 100% cost of the stocks alongwith applicable taxes within seven (7) working days from the date of issue of the acceptance letter, in maximum 2 instalments. Release order shall be issued only after deposit of cost.

9. CORRUPT PRACTICES:

Any bribe, commission, advantages offered or promised by or on behalf of the tenderers to any officer/ employee/ servant of the Corporation, then such tenderers shall be debarred from the tender enquiry in addition to initiating criminal action. Canvassing in any form on the part of the tenderer or on his behalf will also make his tender liable for rejection.

10. INDEMNITY:

The tenderer shall defend, indemnify and hold FCI harmless during and after the tender against any and all liabilities, damages, claims, fines, penalties, actions, procedures and expenses of any nature arising out of, resulting from any violation of any laws by the tenderer or its punishment or any way connected with the acts, negligence, breach, failure to perform obligations relating to the tender.

Yours faithfully, Dated:

( ) For and on behalf of Food Corporation of India

General Manager __________________

FOOD CORPORATION OF INDIA REGIONAL OFFICE: __________

TENDER NO.__________________

APPENDIX-I

TERMS AND CONDITIONS FOR EMPANELLMENT OF TECHNICALLY

QUALIFIED BULK CONSUMER

In order to establish the bonafides of tenderer as bulk consumer/trader of wheat, the technical bid for

the purpose of empanelment would contain documents to certify the bonafides of a tenderer as a bulk consumer/trader of wheat. The tenderer would be required to submit the following documents to support his qualification as bulk consumer/trader of wheat:- (i) An attested copy of the current VAT/Trade Tax Registration. (ii) An attested copy of PAN issued by Income Tax Department. (iii) Attested copies of the latest Annual balance sheet and profit & oss account duly audited by a chartered accountant. In case of newly established firm or the existing firms which have recently started to deal in the business of wheat, a provisional Balance Sheet and Profit and Loss Account for a quarter/Half yearly accompanied by a limited review by Auditor/Chartered accountant should be furnished. The Balance Sheet/Profit & Loss Account shall also evidence that the firm is dealing in the business of wheat, failing which the firms shall submit copy of VAT returns/Annual Report by way of additional documents, to evidence that the firm is dealing in the business of wheat.

(iv) An Undertaking on a stamp paper of Rs 100/-- that the wheat so purchased from FCI under OMSS will be utilized domestically and will not be exported by the tenderer. If a tenderer violates the terms and conditions of the empanelment or is found to be furnishing any wrong/ false information at any stage, then in addition to forfeiture of his EMD/SD, the said tenderer shall be debarred from participating in future tenders floated by FCI for disposal of foodgrains and coarsegrains for a period of one year.

FOOD CORPORATION OF INDIA REGIONAL OFFICE: __________

TENDER NO.__________________

APPENDIX-II

TERMS AND CONDITIONS FOR THE SALE OF FOODGRAINS

(A) DEFINITIONS: i) The term „Bulk Consumer‟ shall mean bulk consumers/traders of wheat. ii) The terms „contract‟ shall mean and include the invitation to tender, incorporating also the instructions to tenderers. The tender, its annexures and schedules, acceptance of tender and such general and special conditions as may be added to it. iii) The term „Corporation‟ and the “Food Corporation” wherever occurs shall mean the Food Corporation of India established under Section-3 of the Food Corporations Act.1964. iv) The term “General Manager” shall mean the General Manager of Food Corporation of India under whose administrative jurisdiction, the Food Corporation Depots/ Godowns to which the contract relates fall. The term “General Manager” shall also include the Deputy General Manager, Area Manager and any other officer authorized for the time being to execute contracts on behalf of the Food Corporation of India. v) The terms „buyer/ intending buyer/tenderer‟ shall mean and include the person or persons, firm or company with whom the contract has been entered including their heirs, executors, administrators, successors and their permitted assignees as the case may be. vi) The term „Rate‟ shall mean the rate of payment accepted by the General Manager for and on behalf of the Food Corporation of India. vii) The term „foodgrains‟ shall mean and include wheat stocks conforming to prescribed quality parameters of „issuable foodgrains‟ and fit for human consumption. (B) The foodgrains stocks can be inspected by the prospective tenderer(s) at the godown/ depot from where stocks have been offered. (C) The Food Corporation of India does not guarantee to make available any definite quantity to the tenderer. (D) The Food Corporation of India reserves the right to accept or reject the tender, without assigning any reason. All tenders shall be irrevocable and remain open for acceptance for a period of fifteen (15) days from the date of opening the tenders. If the said date is declared to be a closed holiday for FCI Offices, the tender shall be deemed to remain open for acceptance on the succeeding working day. The GM, FCI RO PATNA will have the discretion to extend this date by anotherfive (5) days which will be binding on the tenderer(s).

(E) The buyer(s) shall make their arrangements for obtaining permits, if any required from the State Government /any other authority.

(F) EARNEST MONEY DEPOSIT (EMD): (i) The Financial bid shall be accompanied by EMD.

(ii) Financial bids without/insufficient EMD shall be summarily rejected. (iii) EMD shall be in the form of Demand Draft/Pay Order/ Banker‟s Cheque issued by a Scheduled Bank in favour of General Manager, FoodCorporation of India payable at Patna/RTGS/NEFT into A/c no. ________(IFSC Code_____). In case,payment of EMD is made through RTGS/NEFT, then tenderer has to ensure that such payment is credited to FCI account within thescheduled time. The tenders will be considered on the basis of bank statement to be downloaded by FCI at the scheduled time of submission of tenders. (iv) EMD paid shall be forfeited, if the tenderer after submitting his tender, withdraws his offer or modifies the terms & conditions thereof in a manner not acceptable to FCI or does not keep his offer open during the validity period or resiles from the offer once accepted. The tenderers shall furnish an Undertaking in a prescribed proforma (Appendix-VII) on a Stamp Paper of Rs.100/- agreeing to the stipulations as contained in this Clause for forefeiture of EMD, along with the Financial Bid. (v) The EMD of all unsuccessful tenderers shall be refunded within one working day from the date of finalization of tender. However, no interest shall be payable for delay in refund of EMD, in any case. (G)SECURITY DEPOSIT(SD): (i) An amount equivalent to 10% of the cost of stocks accepted by FCI calculated at the reserve price fixed by FCI, would be automatically converted into SD from EMD deposited by the tenderer. (ii) The SD of the tenderer shall be forfeited and the tenderer shall be debarred from participating in all future tenders floated by FCI for a period of one year from the date of opening of this tender, under the following circumstances.:-

a. the tenderer (s) either resiles from his/her offer at any stage or ; b. violates any of the terms of contract or ; c. fails or neglects to observe/perform any of his/her obligations under the contract.

However in case buyer fails to lift the total quantity allotted to him/ her/ them an amount

equivalent to 25% of the accepted value of the unlifted quantity or Rs 1,00,000/- whichever is higher, shall be recovered/ forfeited from the SD/ funds available with FCI.

(iii) Security Deposit shall be refunded to the buyers by the concerned Regional Office of FCI on due completion of the contract within10 working days from the date of completion of lifting. However, no interest shall be payable on the amount of Security Deposit, in any case. (H) PAYMENT/ DELIVERY SCHEDULE: i) Price of the foodgrains shall be payable on the net weight basis. All taxes and other levies, fees and charges of any nature whatsoever leviable by any authority shall be payable by the buyer in addition to the price offered.

ii) The total price calculated on the accepted quantity shall be paid together with applicable taxes, within the stipulated date mentioned in Acceptance Letter by way of Demand Draft/ Pay Order/ Banker‟s Cheque issued in favour of the Area Manager/ General Manager, Food Corporation of India, _______________ or electronically through RTGS/NEFT after which Release Order shall be issued by FCI. In case, payment of Cost of stocks is made through RTGS/NEFT, then tenderer has to ensure that such payment reaches FCI account before the scheduled time. iii) 100% payment of the cost of stocks (which will be in addition to 10% EMD/SD) shall be made within seven (7) working days from the date of communication of acceptance by FCI, in maximum 2 installments. The buyer shall complete the lifting within free period of fourteen (14) working days from the date of communication (through post or an electronic media) of acceptance by FCI.

iv) After Fourteen (14) working days, on the request of buyer, Area Manager, FCI may allow the buyer an extension for a maximum period of Fourteen (14) working days for lifting the stocks from FCI godowns on payment of storage charges at the rate of 50 paise per qtl. per day subject to minimum of Rs.2000/-. These storage charges shall be recovered in respect of the unlifted quantity of stocks during the extended period (actual period for which the stocks remain in the godown). After expiry of twenty eight (28) working days, no further extension will be granted and an amount equivalent to 25% of the accepted value of unlifted quantity or Rs. 100000/-, whichever is higher, shall be recovered/forfeited from the SD /amount available with FCI. v) FCI will not be responsible for delayed receipt of payment due to failure of third parties like banks etc.

vi) However, in case any buyer is unable to lift the allotted stocks within the stipulated period of lifting because of operational difficulties of FCI or reasons beyond human control (Force Majeure) the concerned ED (Zone), FCI may consider to refund the balance amount equivalent to the unlifted stocks of wheat based on merit of each case, provided Force Majeure event is notified by the tenderer to FCI in writing within seven (7) days of occurrence of such event. A speaking order has to be passed by ED (Zone) elaborating the operational difficulties of FCI and action taken if such difficulties are caused due to negligence. Under no circumstances, stocks shall be delivered to any buyer after the expiry of the delivery period as contained in clause G (iii) or G (iv) as applicable. (I) The foodgrains will be sold on “as is where is basis”. (J) The Food Corporation of India reserves the right to withdraw from the sale any quantity included in the tender prior to the acceptance of offer(s). (K) The buyer shall make his own arrangement for transport and will not be entitled to claim any facility or assistance for transportation from the Food Corporation of India. However, the stocks shall be loaded in the trucks of the buyer at the cost of FCI. (L) In case the buyer wishes to take delivery of the stocks, through a representative, he (buyer) must authorize such representative through a Letter of Authority in prescribed format (Appendix-VI) which shall be presented to the Depot in-charge of concerned Depot. Depot in-charge after verifying the bonafides of the authorized representative/Letter of Authority shall issue the stocks to Authorised representative. However, such Delivery shall be at buyer‟s sole responsibility and risk and no claim whatsoever, shall lie against the Food Corporation of India on any account, if delivery is effected to a wrong person. (M) The FCI shall deliver stocks on 100% weighment basis. The Weight Check Memo shall be prepared in triplicate and signed by the buyer/his representative in token of acceptance of quantity and quality. (N) Delivery shall be given only during working hours on all FCI working days on presentation of the copy of the Release Order issued by FCI, by the buyer/his representative to the Depot In – charge,.

(O) GOVERNING LAW & DISPUTES RESOLUTION:

The grievances of the affected parties and general public will be decidedby ED (Zone) in a time bound manner and if party(ies) is not satisfied/ still aggrieved with the decision of ED(Zone), then appeal may be made to CMD, FCI. Further, any unresolved disputes between the parties to the contract will be settled in the Court of Law of competent jurisdiction.The contract shall be governed and interpreted in accordance with the Laws of India in force. The Courts at Bihar (State) shall have exclusive jurisdiction to adjudicate the disputes arising out of the contract.

APPENDIX-III TENDER NO.___________________ Dated : __________ FROM To The General Manager/ Area Manager, Food Corporation of India, _______________________. Dear Sir, 1. I/ We hereby offer to purchase from the Food Corporation of India the foodgrains from _____________________________________ as per details in Appendix-V or such portion thereof as you may specify in the acceptance of tender at the price quoted in Appendix-IV and agree to hold this offer open upto and inclusive of _________(Date).

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

2. I/ We have thoroughly examined and understood the terms and conditions of the tender issued by Food Corporation of India as contained in this tender document. I/ We shall be bound by the terms of both these documents. 3. I/ We enclose herewith a Accounts Payee Bank Demand Draft/ Banker‟s Cheque/ Pay Order No.____________dated________Bank of_____________Rs._____________(Rupees____________________________________________) in favour of the General Manager/ Area Manager, Food Corporation of India /I declare that I have remitted Rs.__________(Rupee_________) to FCI A/c through RTGS/NEFT as Earnest Money to be converted as Security Deposit on acceptance of my/ our offer. I/ We agree to deposit the balance cost of foodgrains offered for purchase. 4. A. My/ Our particulars are as follows : (i) Name (With Name of father In case of an individual)_________________________________ (ii) Business Name _______________________________________ (iii) Constitution of the Firm, i.e. Registered under the Indian Partnership Act.____________________________________________________ (iv) Name of seal under which it is registered ___________________ (v) Name & Address of all Partners and the extent of their shares ____________________________________________________ B. In case of Cooperative Society: (i) No. & Date of Registration Certificate____________________________ (ii) Attach a copy of Resolution of the Society authorizing this transaction ________________________________________________________

(iii) Postal Address________________________________________________ (iv) Telegraphic Address and E- Mail I.D._________________________________ (v) Business Telephone (if any)____________________________________ C. In case of Company: (i) No. & Date of registration Certificate__________________________________ (ii) Attach a copy of decision of the Company authorizing this transaction_______________________________________________________________ (iii) Registered office:_________________________________________________ (iv) Telegraphic Address and E- Mail-ID.___________________________ (v) Telephone:______________________________________________________ D. Bank details of account where refund is to be sent Account no._____________________IFSC Code_______________________. (5) I/ We hereby offer to purchase from the Food Corporation of India and to take delivery of foodgrains as per terms and conditions laid down in the tender document, the quantities of foodgrains and at the price shown against Depots as given in Appendix – IV and subject to the condition governing such purchases as stipulated by the Area/ General Manager, Food Corporation of India in the documents mentioned above which I/We have read and understood and agree to abide by them. (6) The VAT/ Sales Tax and other taxes leviable on this sale shall be paid by me/ us in addition to the price offered as applicable under the State VAT/ Sales Tax Act. (7) I/ We agree to hold the offer open upto ______________ and inclusive of ______________________ and if the said date be declared to be holiday for FCI Office till the next following working day and shall be bound by the communication of acceptance despatched within this time. I/ We further undertake that this offer shall not be retracted or withdrawn by me/ us hereafter______________________. (8) I/ We hereby declare that the entries made in this tender form are correct to the best of my/ our knowledge and I/ We shall be bound by the Act of my/ our constituted Attorney Shri __________________________whose signature is appended hereto in the space specified for the purpose and of any other person who in future may be appointed by me/ us in his status to carry on the business of the concern, whether an intimation of such change is given to the Food Corporation of India or not. (9) Acceptance of this tender by the General Manager/ Area Manager, Food Corporation of India or by an officer authorized by him despatched within the prescribed time shall constitute a valid and legal contract between me/ us and the Food Corporation of India. No execution of a separate deed would be necessary.

(10) I/ We hereby declare that we will abide by the terms and conditions governing the sale of foodgrains under this tender. I/ We also declare that the foodgrains offered for purchase and to be lifted by us do conform to PFA Standards. (11) I/ We confirm that person(s) who has/ have signed below has/ have the authority to sign the tender and given above offer on behalf of M/s______________________________________________________.

Yours faithfully, Signature of constituted Attorney

(Signature‟s of Tenderer(s) indicating capacity in which the Signatory is/ are

signing. Place: Date:

APPENDIX-IV

THE FOOD CORPORATION OF INDIA

FINANCIAL BID

TENDER NO._______________ Name of the Depot___________

Weight in MT (Net).

Rate per Qtl. exclusive of applicable taxes(To be quoted by the Tenderer)

Rs. per qtl. (in Figures)

Rs. per qtl. (In words).

2 3

Note: a. Separate financial bid shall be submitted for each depot. b. Only one rate should be quoted for one depot. SIGNATURE NAME OF THE FIRM ____________________

Appendix-V

FOOD CORPORATION OF INDIA, REGIONAL OFFICE___________

Depotwise details of the foodgrain offered

SI. No. Name of Depot Details of the Quantity offered

Quantity(in MTs)

1

Depot 1(Mention name of Depot)

2

Depot 2(Mention name of Depot)

3 Depot 3(Mention name of Depot)

APPENDIX VI

STAMP PAPER OF Rs. 100 LETTER OF AUTHORITY

I/WE……………………………….S/O…………………………… PROPRIETOR/PARTNER/POWER OF ATTORNEY HOLDER OF M/S……………………………………………. DO HEREBY AUTHORISE SHRI……………………………S/O……………………………FOR TAKING DELIVERY OF THE STOCKS ON MY/OUR BEHALF ALLOTTED TO ME/US IN THE TENDER DATED …………. RELEASED BY FOOD CORPORATION OF INDIA, REGIONAL OFFICE, ________________________. HIS SIGNATURE IS ATTESTED AS BELOW: SIGNATURE OF AUTHORISED REPRESENTATIVE

(PROPRIETOR/PARTNER/POWER OF ATTORNEY HOLDER)

VERIFICATION VERIFIED THAT THE ABOVE STATEMENT OF MINE IS TRUE AND CORRECT. NOTHING HAS BEEN CONCEALED THEREIN.

PLACE: DATE:

(PROPRIETOR/PARTNER/POWER OF ATTORNEY HOLDER)

APPENDIX VII

STAMP PAPER OF Rs. 100 UNDERTAKING

I, ……………………………………………s/o ………………………PROPRIETOR/PARTNER/POWER OF ATTORNEY HOLDER OF M/S……………………………………………. DO HEREBY UNDERTAKE AND AGREE THAT I WILL ABIDE BY THE PROVISIONS CONTAINED IN CLAUSE F (iv) FOR FORFEITURE OF EMD IN THE TENDER DATED ………………… RELEASED BY FOOD CORPORATION OF INDIA, REGIONAL OFFICE, ________________________.

PLACE: DATE: SIGNATURE OF THE TENDERER NAME OF THE TENDERER CAPACITY OF THE SIGNATORY